Da´Il E´Ireann

Vol. 620 Wednesday, No. 2 24 May 2006

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Wednesday, 24 May 2006.

Leaders’ Questions ……………………………… 361 Ceisteanna—Questions Taoiseach ………………………………… 370 Requests to move Adjournment of Da´il under Standing Order 31 ……………… 385 Order of Business ……………………………… 387 EU Accession Treaties: Motion ………………………… 393 Freedom of Information Act 1997 (Prescribed Bodies) Regulations 2006: Motion ………… 393 Membership of Committee: Motion ………………………… 393 Energy (Miscellaneous Provisions) Bill 2006: Second Stage (resumed) …………………………… 394 Referral to Select Committee ………………………… 395 Planning and Development (Strategic Infrastructure) Bill 2006 [Seanad]: Second Stage … … … 397 Ceisteanna—Questions (resumed) Minister for Foreign Affairs Priority Questions …………………………… 416 Other Questions …………………………… 434 Human Rights Issues ……………………………… 444 Adjournment Debate Matters …………………………… 446 Planning and Development (Strategic Infrastructure) Bill 2006 [Seanad]: Second Stage (resumed) … 447 Message from Select Committee ………………………… 493 Private Members’ Business Drug Abuse: Motion (resumed) ………………………… 493 Adjournment Debate Hospital Accommodation…………………………… 527 County Enterprise Boards ………………………… 530 Retirement of Army Officer ………………………… 533 Social and Affordable Housing ………………………… 536 Questions: Written Answers …………………………… 541 361 362

DA´ IL E´ IREANN defence of mistake as to age. The Department of Justice, Equality and Law Reform is consulting ———— the Attorney General’s office on the implications of this and the scope and timing of amending De´ Ce´adaoin, 24 Bealtaine 2006. legislation that would meet the terms of that Wednesday, 24 May 2006. judgment. We are examining the complexities and legal points of this but we must take into ———— account all aspects. There is no return to law that has been struck down and we must bring in new Chuaigh an Ceann Comhairle i gceannas ar legislation. 10.30 a.m. Deputy Kenny mentioned the 1990 report, to which I referred. The Department of Justice, ———— Equality and Law Reform published a discussion paper about the law on sexual offences in 1998. Paidir. It addressed matters such as the age of consent Prayer. and the defence of mistake as to age. The majority view of those who gave views on that ———— paper was that no change should take place. The discussion paper led directly to the drafting and Leaders’ Questions. enacting of the Sex Offenders Act. Other legis- Mr. Kenny: Yesterday’s Supreme Court lation dealing with sexual offences is at an decision has serious consequences for the protec- advanced stage of preparation in the Department tion of young girls. Today, it is not illegal for a of Justice, Equality and Law Reform. man to have consensual sex with a girl under 15 Deputy Kenny referred to those who are in years of age. This is a grave situation and requires prison for such offences. The Irish Prison Service action by the House. As a result of the ruling that has been checking records and warrants from the section 1(1) of the Criminal Law Amendment court with regard to those in jail as a result of Act 1935 is unconstitutional, it is possible that convictions for unlawful carnal knowledge and people in jail for having sex with girls under 15 we hope to have a clear picture of this by may be able to have their convictions struck lunchtime. down. There were 54 cases of statutory rape in recent years, raising the possibility of convicted Mr. Kenny: This side of the House will be more sex offenders applying to have their names than willing to facilitate whatever action the removed from the sex offenders register, which Government deems appropriate to respond to the was put in place to protect young people. Supreme Court ruling. We are dancing at the The Government had fair warning of this. The crossroads here and people will pay the price. Law Reform Commission recommended a This is an arcane law that belongs in the last cen- change in this legislation as far back as 1990. We tury. I agree that there is no return to it. I am live in an Ireland that is very different from the sure all parties will facilitate the introduction of Ireland of 1935, when this legislation was enacted. new and urgent legislation. The question of This is a far more dangerous country for young young boys was overlooked in the 1935 legis- people in a society where drinking among the lation. The Taoiseach’s response referred to young has reached epidemic proportions and civ- examination of all aspects. I assume the provision ility is absent in many areas. Protection of our regarding young boys will also be considered, as young people must be a priority for legislators. will the section dealing with 15 to 17 year old What urgent response will the Government girls, which is equally open to challenge and make? What is the Taoiseach’s view of the impli- might also be struck down. What is the cations for those on the sex offenders register? Taoiseach’s view? Will all aspects of the legis- Does the Government have a view on successful lation be taken into account to deal with today’s appeals to previous convictions arising from the much more complex society? I consider this an judgment? absolute priority to protect young people, and I will support the Government in taking urgent The Taoiseach: This is an urgent and important action to deal with a serious lacuna in the law. matter, and in the absence of clear law, we must deal with it as speedily as possible. The Attorney The Taoiseach: I appreciate the support of General and the Department of Justice, Equality Deputy Kenny and the Fine Gael Party in this and Law Reform have been working on that last matter. Like many laws, this law has been in place night and this morning. We must examine all for three quarters of a century. Looking over the aspects of it, including previous discussions on sections last night and this morning, I saw that it this, the 1990 Law Reform Commission report was framed for a very different society and age and the 1997 report. The judgment of 23 May has when people did not consider issues that we struck down the law under which sexual inter- would all consider the norm today. While the course with an underage girl is an offence of strict point is very clear, the one raised by the Deputy liability, in other words, one where there is no and many others must be considered. 363 Leaders’ 24 May 2006. Questions 364

[The Taoiseach.] My colleague, Deputy Gilmore, has been ham- We must look back at what was said in 1990 mering away at this issue for years. On a recent and 1998. It is interesting that, when people Adjournment debate, he raised the issue of a examined the issue eight years ago, not 75 years young woman with three children who was paying ago, they saw no requirement for change. I am rent of \1,200 per month. When she got married not sure why that was so or whether it was felt to someone earning \505 in a low-paid job, they that it opened up a broad range of other complex immediately lost the \300 per week rent sup- issues. I think that may have been the case. In plement, leaving them with \205 to live on, worse retrospect, looking at the judgment, one sees that off than before their marriage. it left something open, but we must ask ourselves The system is not working, but instead produc- what are the other ramifications. We must con- ing a social and poverty limbo. The Comptroller sider that urgently, and the Deputy mentioned and Auditor General now bears out the argu- some of those points. ments that have been made by Deputy Gilmore The stark conclusion is that there can be no in this House for some time. I would like to hear return to a law that has been struck down. In that the Taoiseach’s response. case, there is no law, and we must move quickly to address that. Yesterday’s judgment has high- The Taoiseach: Deputy Rabbitte’s question lighted that, regarding underage girls, where concerns the Comptroller and Auditor General’s there is strict liability, there is no defence of mis- value for money examination, which was undertake. I understand from the briefing I received taken to determine the factors that gave rise to this morning that any case would have to be the rapid increase in expenditure on rent sup- taken individually. There can be no blanket cover plement between 2000 and 2005, to establish for other cases, such as those of people in jail or whether the Department had managed the on the sex offenders’ register. It is not the case scheme with due regard to economy during that that people can walk free, but the judgment will period and to review the roles of the Department obviously be examined so it is important that we of Social and Family Affairs and the HSE in plan- move quickly in this case. ning, managing and operating the rent supplement scheme. Rent supplement is adminis- Mr. Rabbitte: Perhaps the Taoiseach will set tered by the Health Service Executive’s out the Government response to the report by department of community service on behalf of the Comptroller and Auditor General on housing the Department. It is viewed as a welfare safety rent supplement. He will know that the cost to net for those with short-term income problems. the taxpayer of housing rent supplement went The main finding, of which Deputy Rabbitte from \151 million in 2000 to \369 million this will be aware, was that recipient numbers have year. Whereas that is very bad value for the tax- increased from 42,700 to 60,000. The increase in payer, it is far more serious for the 60,000 people numbers claiming and in average rent supplement on rent supplement who cannot enter full-time are the main factors in the cost increase. Single work. This is a pot of gold for the landlords. In parents make up a large, but not the only, very many cases, it provides a bounty worth tens element in that. The point was made that the of millions to those already the beneficiaries of Department must capture and report data tax breaks to build the apartments that they now allowing for informed analysis, and the Depart- rent out. Once one is on housing rent supplement, ment has spelt out its reply. It has been suggested one cannot enter the workforce, and that is surely that it did not adjust rent limits downwards when the biggest poverty limbo created by this scheme. rents were falling, but there is no evidence to sup- The Minister has made reforming comments at port that. The Department froze rent limits in his usual Sunday afternoon press conferences, 2002. Together with subsequent measures, that with some of which I agree. However, I have not has had a stabilising effect on rent limits in the yet seen the detail of any of those reforms. relevant market sector. The crisis is created by the absence of public The potential loss of rent supplement would act authority housing. The Government has con- as a deterrent to taking up employment, the point trived to transfer its social housing needs to the that Deputy Rabbitte has highlighted. My private rented sector for the same reason. Taking response is that substantial measures have been public authority and voluntary social housing, taken to remove possible disincentives. We have approximately 6,500 units are being realised per introduced an improvement disregard of almost year. That goes nowhere near meeting existing \200 and the tapered withdrawal of benefits as need. The cloud hanging over negotiations for a earnings increase. The Minister has stated his new social contract reminds one of the commit- intention to continue that as it has been very ment made over three years ago to produce helpful for those who wish to work. Deputy 10,000 affordable houses under Sustaining Pro- Rabbitte’s points were more relevant to the pre- gress, the social contract now expiring. That has vious situation when there was neither a dis- not happened, and the reason that so many young regard nor tapering. As in all such issues, the women find themselves in such conditions is that more one improves matters, the more people will they cannot afford a mortgage or get a public have the opportunity to work. There are employ- authority house. ment supports and special retention arrange- 365 Leaders’ 24 May 2006. Questions 366 ments for those taking up employment, and those benefitting from this pot of gold while the are all good. In a recent report, the Minister Taoiseach tells people they can live on sites. spelled out other areas in which he felt these These 60,000 people cannot live on the sites issues should be examined, and those are matters which have been assembled over the past three for the Department in its budgetary exercise. or four years. They thought they were getting However, there have been a number of houses and not sites. improvements. The Comptroller and Auditor General’s other Mr. J. O’Keeffe: They could put up tents. conclusion was that rent supplement had evolved from short-term support to major social housing Mr. Rabbitte: At the rate of building, more assistance programmes, a point also made by people are being forced into private rented Deputy Rabbitte. That is being addressed under accommodation. Even though they are capable the rent assistance scheme. Local authorities now and willing to go out to work, they cannot do so have a specific responsibility to meet the long- because of the impediments in the scheme. That term housing needs of this category on the basis is the issue and there is no point trying to kerfuf- of a phased implementation. When fully fle or obfuscate it. I would like to hear from the implemented, the arrangements will allow rent Taoiseach or the Minister in his next press brief- supplement to return to its original objective of ing not an analysis of the problem, on which we short-term income support. seemed to be broadly agreed, but what is going On the social housing issue, it is true that some- to be done about it. where between 6,000 and 7,000 local authority houses will be started or acquired this year. The The Taoiseach: The Minister for Social and needs of approximately 14,000 households will be Family Affairs has set out those issues, although met from the range of social and affordable hous- Deputy Rabbitte might not like some of them. ing schemes. The provision for social and afford- Substantial measures have already been taken to able housing this year is more than \2 billion. improve possible disincentives to allow people That is more than double the expenditure for the who want to work and are in receipt of rent sup- first year into which this report looked. This plements to do so. The Minister has improved increase of \1.4 billion in Exchequer provision is income disregards. One cannot simply ignore an increase of 13% this year, so it is incorrect to them and have situation where a person on any state substantial resources are not being income can get a rent subsidy. The Minister has provided. correctly improved the disregards. He would like The Government has honoured its commit- to go higher than \200 over a period. He has tap- ment in social partnership to make available dur- ered the withdrawal of benefits as earnings ing the course of the programme sites from the increase, which is the correct way to deal with this State’s holding of 10,000 units. We have sur- issue. We have given employment supports and passed that. As I pointed out yesterday, the provided special retention arrangements for those houses are under construction. It was never the taking up employment. case that they would all be built within the three- In my world, one needs a site before one can year period. Perhaps the House wants to set aside build a house. I am not sure how one could do so emergency legislation and ignore zoning and otherwise. The State has done something which planning. It takes a developer six years to follow may not been done previously and certainly not the process. Nobody in the trade union move- since the 1930s. We have made available sites in ment believed it would be done in under three the ownership of the State, including health years. board and departmental property, including Department of Defence property, so that we can Mr. Rabbitte: This crisis has arisen because of provide affordable housing. Many of those houses the rate of increase in house prices and the low are coming on stream, as are the Part V output of social housing. Those are the twin arrangements. causes so, therefore, it is part of the same prob- Comparing the situation with that in the 1970s lem. The output of public authority houses is now shows how things have moved. At that time, pro- lower than in the mid-1970s. The Minister neu- portionately, we were building more social tered Part V and, as a result, we now have housing. approximately 4% of achievable affordable houses under that scheme. Under the savage 16 Mr. M. Higgins: Some 20,000 houses per year. cuts made, the Government rowed back on many of the back-to-work measures to facilitate people The Taoiseach: The reason we were doing so entering the workforce. When the Taoiseach talks was that people were not working and were living about the disregard, it is virtually meaningless in in poverty, which they are not living in today. We the context of a minimum wage which provides a are now building four times more houses than in basic subsistence rate per hour. the 1970s. Through a range of schemes, including That \1.6 billion to landlords would have built social and affordable housing schemes, the shared 6,000 or 7,000 local authority houses. What we ownership scheme and the Part V scheme, people have had under Fianna Fa´il is landlords are able to purchase their own homes even when 367 Leaders’ 24 May 2006. Questions 368

[The Taoiseach.] point about the Finucane case, Mr. Barrett was they are on lower incomes. That has been proved released yesterday after serving less than four in the figures each year. years, under the terms of the early release scheme This year we will spend \2 billion on social under the 1998 Agreement for all prisoners who housing for those people who totally depend on had been involved in various atrocities in it. That is a sizeable support of taxpayers’ money Northern Ireland. An independent board con- to social housing which will help the needs of siders these cases and decides who is to be 14,000 households. The figure over the three-year released, as in this case. It is hard for Geraldine period, as set out by the Minister, is of the order Finucane and her family to accept this, as it is of 15,000 units of affordable housing between for all the affected families to see people released 2006 and 2008. These are substantial figures. under this scheme. The board acted consistently. It is independent and it is a matter for the board ´ CaoimhghıńOCaolaín: This day 15 years ago to decide on these cases. Donegal county councillor, Eddie Fullerton, a We agreed after discussion in Weston Park member of Sinn Feín, was shot dead in his home some years ago that a series of cases representa- in Buncrana. Yesterday, Ken Barrett, the only tive of some of the terrible atrocities in Northern person convicted of the murder of Pat Finucane, Ireland between the late 1960s and was released after three years’ imprisonment and 11 o’clock the late 1990s would be examined by whisked away by the British Ministry of Defence a tribunal mechanism. It took some to a secret location outside Ireland. Last Sunday marked the 12th anniversary of the shooting dead time to find an international judge but Mr. Justice of Martin Doherty as he courageously prevented Peter Cory of the Canadian Supreme Court the bombing of the Widow Scallan’s pub in accepted the task, and reported. He deemed that nearby Pearse Street. Last week marked the 32nd we would have to inquire into certain cases in our anniversary of the Dublin and Monaghan bom- jurisdiction and we have moved on those under bings of 1974 when 33 people were killed. the terms he set out. He also identified cases with Does the Taoiseach accept that, in all these which the British Government should deal. cases, it is widely accepted that the perpetrators The British Government has set up a different were acting as agents of the British armed forces type of inquiry from that we propose. We have in the Six Counties? Does he recall that, in March protested continuously about that. I have referred of this year, this House unanimously passed a res- to it in the United States whose President I asked olution calling on the British Government of to raise it with the British Government. I have Tony Blair to establish a full independent public raised it in the European context. It is well known inquiry into the murder of Pat Finucane and that, internationally, and legal and media friends of before the debate even commenced, the Northern Geraldine Finucane have lobbied and placed Ireland Office, so-called, issued a statement advertisements in the international press describing the resolution and the debate as presenting that case. flawed and misleading? There is no doubt that the British Government What sanctions does the Taoiseach intend to is determined not to hold an examination that will apply to the British Government for its dogged bring members of MI5 and MI6, and of the secur- refusal to establish a full independent public ity machinery into the public light. The govern- inquiry into the murder of Pat Finuncane, recog- ment has made its position clear and that is not nising that it has rejected the unanimous resol- likely to change. This is not a question of sanc- ution of this House and that the British Prime tions. We continue to disagree and have stated Minister has clearly rejected the Taoiseach’s that we will not co-operate with the British repeated calls for such an inquiry? Will the Government on this, as Geraldine Finucane will Taoiseach seek a special summit between himself not. We continue to support her as this and all and the British Prime Minister focusing solely on Irish Governments have done since the late the issue of collusion and not as an item on a wider agenda, thereby helping to bring full inter- 1980s. We continue to press for the full inquiry. national attention on this important issue? We asked for an independent inquiry such as we What steps is the Taoiseach prepared to take held in the Buchanan and other cases. As long as in this jurisdiction to establish truth and justice the British Government rejects that we will have about collusion? Will he establish a full public a difference with it. inquiry into the Dublin and Monaghan bombings Mr. Patrick MacEntee SC is examining the as called for by Justice for the Forgotten? Will he issues considered by the sub-committee of the establish a full public inquiry into the case of Oireachtas Joint Committee on Justice, Equality, Eddie Fullerton as called for by his family, includ- Defence and Women’s Rights, in respect of the ing by his late son Albert Fullerton? Dublin-Monaghan bombings and the question of collusion. The British Government is supporting The Taoiseach: All these cases were part of, or him in his questions and investigations proceed- were associated with, the Troubles and they are ing from the work undertaken by Mr. Justice all sad. In the time available, I will not be able to Liam Hamilton and by Mr. Justice Barron. That go through each one. In regard to the central work continues. 369 Ceisteanna — 24 May 2006. Questions 370

CaoimhghıńO´ Caolaín: Will the Taoiseach join Deputy O´ Caolaín states the obvious in respect me in acknowledging that the Finucane family of the difficulties surrounding agents and col- has not objected to the release of Mr. Barrett lusion. It is clear, without going on at length under the Good Friday Agreement but rather has about it, that we have seen agents on all sides, stated that he was a British agent who was pro- including the loyalist side. We debated the role of tected at every stage? Clearly, a deal was done agents and all the other issues here recently and and a guilty plea entered into, which prevented Denis Donaldson was unfortunately murdered the full truth from emerging. It was an exercise for his role. There is no doubt that agents work- in ensuring that the role of the British forces in ing for anyone and everyone were all over the the murder of Pat Finucane remained behind a place during the Troubles. People are reluctant dark screen. to give all the information on these issues and The same happened with the other British that is probably behind the British Government’s agent, Brian Nelson, who was also involved in the refusal to inquire into them. We will, however, murder of Pat Finucane. British collusion is continue to press for information and see how far ongoing. Does the Taoiseach not recognise that we can get. the British continue to protect their agents and ´ there is a bounden responsibility on him not sim- CaoimhghıńOCaolaín: What about the ply to accept that there is a difference between summit? himself and the British Prime Minister, but to The Taoiseach: We will continue to work on take up the gauntlet in the interests of the this. I assure the House that we will maintain our Finucane family and of truth and justice? Will he consistent efforts to highlight, and fight for, the not seek a summit with the Prime Minister that case of the Finucane family, ably led by focuses on the issue of collusion such as we have Geraldine Finucane and her sons. proposed time and again? It is not enough to let Tony Blair off the hook. He must be forced, in Ceisteanna — Questions. the full glare of the international media, to face this issue directly with the Taoiseach. ———— We are confident the Taoiseach will put the case but we ask that he seize the moment and put Regulatory Reform. the British Prime Minister in the dock on this issue to prise from him an agreement to set up 1. Mr. J. Higgins asked the Taoiseach if he will the full independent public inquiry for which the report on the progress to date in implementing Finucane family has called, and which it deserves. the recommendations of the OECD report on Will the Taoiseach internationalise this call and regulatory reform. [14283/06] bring it before the European Union and the United Nations? There are steps he can take. 2. Mr. Rabbitte asked the Taoiseach his Will he press ahead with the plan and proposals Department’s plans for a study of business atti- in respect of the Dublin-Monaghan bombings as tudes to regulation; and if he will make a state- presented by Justice for the Forgotten? On this ment on the matter. [14874/06] day, 15 years after Eddie Fullerton’s cruel mur- 3. Mr. Rabbitte asked the Taoiseach his der, I ask the Taoiseach to heed the appeal of the Department’s plans for a consultation paper in Fullerton family to establish a full public inquiry regard to regulatory appeals; and if he will make into the murder of an elected representative. a statement on the matter. [14875/06] The Taoiseach: The Minister for Justice, 4. Mr. Kenny asked the Taoiseach if he will Equality and Law Reform has been in correspon- report on the implementation of the recom- dence regarding the late Eddie Fullerton, a coun- mendations of the OECD on regulatory reform; cillor in Donegal, whom I knew. and if he will make a statement on the matter. It is correct to say Geraldine Finucane and the [16021/06] family accept the release of prisoners, as does every other family. We support the Finucane 5. Mr. Sargent asked the Taoiseach if he will family’s call for a full inquiry. The family does report on progress in implementing the recom- not lack international or Government support. mendations of the OECD report on regulatory Likewise, it has the support of this House, as was reform; and if he will make a statement on the shown in March, and that of people, at the high- matter. [16191/06] est level who take an interest in Irish affairs in Canada, Australia and America. The British The Taoiseach: I propose to take Questions Government has not acceded to the form of Nos. 1 to 5, inclusive, together. inquiry that we sought. We will continue our Significant progress has been made since the effort, and the work of Mr. MacEntee SC will publication of the OECD report on regulatory continue on the issue of collusion and the other reform in Ireland. The focus of our efforts in pro- issues arising from the reports of this House on gressing regulatory reform is now on imple- the Dublin-Monaghan bombings. menting the White Paper on Better Regulation, 371 Ceisteanna — 24 May 2006. Questions 372

[The Taoiseach.] The ESRI has been appointed to conduct the sur- Regulating Better, which was published in vey after a competitive tendering process and it January 2004 in response to the OECD’s report. is expected that the results will be published in It sets out six core principles which will be the autumn. reflected in how we design, implement and review My Department continues to provide support legislation and regulation. Some of the key areas and guidance to Departments and offices on outlined in the OECD report relate to specific regulatory impact analysis, which is now required sectoral issues and the appropriate Ministers with for all proposals for significant new regulation responsibility for those sectoral areas are being sent to Government for approval. The pro- reporting directly to the House on progressing cess of modernising the Statute Book will con- the OECD recommendations. tinue in 2006 with the introduction of the Statute Progress has been made in a number of key Law Revision (Pre-Union) Bill. This Bill will areas set out in the White Paper. The better regu- repeal nearly 2,300 old statutes dating from lation group was established in 2004 to oversee before 1800 which have been identified as redun- the implementation of the action plan arising dant or obsolete. The Bill will also retain in force from the White Paper. The group has met twice about 300 statutes from the same period as they this year. Three subgroups have been established, are not yet suitable for repeal. The next step in the first of which is to progress certain commit- the process will be to examine those statutes from ments in the White Paper with regard to the period 1800 to 1922. As Deputies know, this developing improved approaches to regulatory work builds on the Statute Law Revision (Pre- appeals and reviewing the issue of penalties for 1922) Act 2005, which repealed 206 Acts. non-compliance with laws or regulations. This Deputies will also be aware of the Statute Law group has prepared a consultation paper on regu- (Restatement) Act 2002. Work is also ongoing on latory appeals, which I understand will be giving effect to that Act’s provisions and I hope presented to the Government shortly. The paper to report on progress in this regard before the will form the basis for a public consultation pro- summer. cess regarding existing appeals mechanisms and how they might be streamlined and improved. As Mr. Rabbitte: What prompted the survey on the paper has yet to be sent to Government, I business attitudes to regulation? Was it motivated cannot comment on its specifics but I understand by a perception by businesses that the regulatory it contains information on the range of existing environment is overly demanding, bureaucratic appeals mechanisms and will invite comment on and costly or impedes competition and pro- relevant issues and challenges. Submissions made ductivity? Did a sense of disquiet in the business as part of the consultation process will inform community cause the Taoiseach to commission proposals which will be developed by the better the study? regulation group to ensure an approach to appeals in keeping with the White Paper’s The Taoiseach: The survey was commissioned principles. on foot of the comments on the original White Another sub-group of the better regulation Paper. The organised business groups — the rep- group is considering improving electronic access resentative groups — say they have no problem to statutory instruments and a third group is com- with regulations or the burdens of the regulatory pleting an audit of the regulatory framework. process as they see them, but they believe they In July 2005, I announced the establishment of must be of some value or use and that they must a business regulation forum. This forum, which is be streamlined. They want to try to move away under the aegis of the Minister for Enterprise, from red tape and have a more satisfactory Trade and Employment, comprises senior system. It is not a matter of trying to get out of members from the public sector and business. It essential issues. gives businesses an opportunity to identify regu- The business representatives have made some latory measures that impact negatively on busi- valid points in this regard because many of the ness and competitiveness, or issues arising from regulatory mechanisms date back many years. inefficient, outdated or disproportionate regu- Their value and usefulness may not be great in lation. The forum has met three times so far. many cases. In other cases, compliance is not The better regulation unit in my Department great where it is very important and it is therefore has commissioned a comprehensive survey of a matter of determining what is important to the business attitudes to, and the experience of, regu- State and trying to get the parties concerned to lation. This will build on a similar survey conduc- do this right and remove some of the arguments ted four years ago. The survey will be guided by and difficulties. input from both the better regulation group and The initiative resulted from the original White the business regulation forum. It is intended that Paper and the associated discussions and debates. it will focus not only on red tape and administra- The business regulation survey will assess Irish tive burdens but also on the impact of regulation businesses’ attitudes to, and their experience of, on business more broadly, such as the extent to regulation. It is intended that the survey, in which it facilitates or is a barrier to economic addition to assessing attitudes to red tape and growth and the competitiveness of Irish business. administrative burdens, will focus on the impact 373 Ceisteanna — 24 May 2006. Questions 374 of regulation on business more broadly, including future regulation. The business regulation forum the extent to which it might affect economic is considering all the issues, which is certainly growth in general and the competitiveness of helping. business specifically. The intention is that the As I said to Deputy Rabbitte, the concept of results of the survey will be used to identify pos- business regulation arose through IBEC with a sible sectoral areas for future regulatory reform. view to developing formalised working relation- Some groups have practically tried to say there ships with the Government regarding regulation. are far too many groups and agencies and they The forum has advised the Government on regu- have made all kinds of arguments to the effect latory issues in so far as they impact on business that the whole process should be abandoned and and competitiveness. Particular problems arise started again. I do not agree with this and we from outdated, inefficient or disproportionate must proceed in a careful way. There are areas in regulation and these are being addressed by the which many of our regulatory systems are out- Minister for Enterprise, Trade and Employment. dated and it is better that businesses have an The small business people have fed into the input into them. Ultimately, they are the ones process. fulfilling the criteria and paying for the staff to There is no doubt that the issue of energy, with do so. which I will not deal directly, has become the main issue at European Council meetings, bear- Mr. Kenny: Will the Taoiseach indicate the ing in mind that it was not mentioned at them number of OECD conclusions implemented since heretofore. The Commission for Energy Regu- the publication of the report five years ago? On lation is the independent statutory body estab- the question of regulatory reform, is it not a cause lished under the Electricity Regulation Act, of concern to the Government that one of the passed by this House, and it has regulated the principal issues being raised by businesses con- electricity market over recent years. Its functions cerns energy security and the fact that, within 15 and duties are wide-ranging and have grown rap- years, all of Ireland’s imported energy resources idly since its establishment. This is likely to con- will come from one field in the Russian Arctic, tinue. In line with the EU directive requirements, which will also supply China and the United full market opening has been in place for the past States? Should this not be dealt with as a matter 14 months, since 19 February last year. That rep- of urgency? resents the culmination of a number of years of Bearing in mind yesterday’s announcement on planning and development and market imple- the new ownership of Eircom, there seems to mentation. From a regulatory viewpoint, while have been real difficulties concerning the regu- the delivery of a fully liberalised retail market is lations. BT pulled out of the discussions. I read a major achievement, a significant amount of the speech made by the Minister for Communi- work is needed to create an electricity market in cations, Marine and Natural Resources, Deputy this country to optimise the benefits of liberalis- Noel Dempsey, at the e-Galway conference. It set ation and compliance and the impact of compe- out the regulations concerning broadband, yet, tition for customers. It is an issue that the Mini- when one looks at the graphs, one will note that ster for Communications, Marine and Natural we are very far down the list of countries in terms Resources, Deputy Noel Dempsey, and the regu- of broadband penetration. lator must continue to deal with. On the Deputy’s broader question about the An Ceann Comhairle: Detailed questions issue of supply, without getting into a long should be directed to the line Minister. answer, we will have to deal with energy on a European level. That is the solution. It has not Mr. Kenny: It is on regulatory reform. been the case up to now. The contribution of the new German Chancellor Angela Merkel to this An Ceann Comhairle: The Deputy is outside debate is one I support. There is no doubt that the limit but I am allowing the first question. Russia is going to play hardball. It has gone back into itself. Everybody is concerned about that Mr. Kenny: The Ceann Comhairle has been situation. The Russians have fallen on their feet very good with the European Commissioner and and—— the Australian Prime Minister. It is a matter of only one question and he will not knock me on it. Mr. Kenny: They hold all the resources.

The Taoiseach: On Deputy Kenny’s first point, The Taoiseach: They have the resources and I do not know exactly how many of the OECD’s their friends in the countries around them have recommendations were implemented, but I know the rest. They have enormous muscle until an it is a large number. This is helping in the work alternative is found, which hopefully will happen. in that there has been direct engagement over the The only way to deal with the problem is for past year. Senior business people and senior rep- Europe to act in a collective fashion. Otherwise, it resentatives of IBEC and the chambers of com- is quite obvious what will happen. I fully support merce are involved in the setting up of new regu- Chancellor Merkel’s opinion on this and as the lations for business, which is helping in regard to Deputy knows from his own group, a fair amount 375 Ceisteanna — 24 May 2006. Questions 376

[The Taoiseach.] An Ceann Comhairle: Again, this matter does of discussion is taking place on that. I have taken not arise on Taoiseach’s Questions. It is a ques- a strong position in support of her initiative. tion for the line Minister.

Dr. Cowley: Further to what the Taoiseach has Mr. Boyle: This is an interdepartmental com- been saying about the importance of regulations mittee for which, I presume, the Taoiseach has and laws that serve the people I want to ask about primary responsibility. regulations already enacted such as Part V of the Planning and Development Act 2000, which pro- An Ceann Comhairle: It does not arise out of vides for developers to provide 20% social and the OECD report on regulation—— affordable housing. That certainly is good, and Mr. Boyle: It has to do with the area of regu- would have delivered to a great extent. I want to lation because it has a European dimension, of ask about the extent to which this initiative has which the OECD is very much a part. This inter- been undermined by the ability of builders to buy departmental committee has been informed that their way out of the Part V arrangement—— there might be a breach of EU laws as regards the decision not to go ahead with the Government An Ceann Comhairle: That matter does not decision-—— arise out of these questions. It is a question for the line Minister. An Ceann Comhairle: I suggest the Deputy submits a question. Dr. Cowley: The Taoiseach said the emphasis should be on people. There has been a complete Mr. Boyle: I am putting the question to the stop on transport for people on dialysis, those Taoiseach as well. with cancer—— The third issue is the concerns that exist as regards regulation for business. Will the An Ceann Comhairle: It does not arise. I Taoiseach say whether it is about the amount or suggest—— type of regulation and given the recent decision to get rid of the groceries order and the impact Dr. Cowley: ——and older people. that has had, some sectors of the business community-—— An Ceann Comhairle: ——the Deputy submits questions to the line Minister concerned. An Ceann Comhairle: That does not arise. It is a general question. Dr. Cowley: The total stopping of transport for Mr. Boyle: This has to do with the question of dialysis patients in the west is an urgent matter regulation. This is a debate that occurred about for the Taoiseach to investigate. It is a disgrace. It whether regulation was acknowledged. also applies to cancer patients and older people. An Ceann Comhairle: This is not an omnibus An Ceann Comhairle: The Deputy will please debate on all regulations by all line parties. submit questions to the line Minister. Mr. Boyle: It is about the Government’s policy Mr. Boyle: I want to ask the Taoiseach about on regulation and its effects. three areas in which his Government has been involved as regards regulation in certain sectors An Ceann Comhairle: The Chair has ruled time of the economy and how it is dealing with each and again, as have my predecessors, concerning of them. Deputy Kenny has already mentioned questions for line Ministers. The groceries order the energy area. Does the Taoiseach have an question is for the line Minister. opinion on Eirtricity’s decision in February not to—— Mr. Boyle: I am asking about the situation of the groceries order per se. If the Ceann Comh- An Ceann Comhairle: That does not arise. It is airle lets me continue for 15 seconds, I will have concluded my questions. The Taoiseach will be in a question for the line Minister. a position to answer, I am sure. My question is about the fact that in this debate, some business Mr. Boyle: There is a specific question to be interests felt it was unnecessary control of market addressed on the failure of regulation at the time mechanisms, while others thought it was and I am addressing the Taoiseach in that regard, unnecessary regulation. What does the Taoiseach with particular reference to a moratorium on and the Government do in those types of wind farm connections. The second area concerns situations? The question is very pertinent. a decision which the Government chose not to take as regards the licensing of cafe´ bars. The The Taoiseach: On the general question, this Government has established an inter- arises out of a report we did some years ago in departmental committee—— conjunction with the OECD, which did the 377 Ceisteanna — 24 May 2006. Questions 378 groundwork and the fieldwork. It looked at how 9. Mr. Sargent asked the Taoiseach when the to keep the economy competitive and how not to National Security Committee last met; and if he be restrictive in areas, while allowing competi- will make a statement on the matter. [16192/06] tiveness to develop for the benefit of business, specifically, and consumers. To answer Deputy 10. Mr. Rabbitte asked the Taoiseach when the Boyle’s question, it is not so much about volume National Security Committee last met; when the but about the concerns of businesses that they are next meeting is scheduled; and if he will make a complying with regulations they believe to be statement on the matter. [17144/06] outdated, inefficient and disproportionate and that too much time, effort and person power must The Taoiseach: I propose to take Questions be devoted to providing information. It is a ques- Nos. 6 to 10, inclusive, together. tion of how valuable this is and how it is used The National Security Committee is chaired by within the system. They know from CSO and the Secretary General to the Government and other statistics that they must comply with orders, comprises representatives at the highest level of however, so the better regulation forum is trying the Departments of Justice, Equality and Law to work out what is important and how best to Reform, Defence and Foreign Affairs and of the deal with matters, using technology to best Garda Sıóchańa and the Defence Forces. advantage. It is seeking to determine what is most The committee meets as required and will con- beneficial for the various agencies of the State, tinue to do so. However, as I indicated in reply which collect information, and what is of benefit to a question in November last, I am satisfied that to business. There are now a number of regu- having regard to the security nature of the com- lators working on detailed issues as regards the mittee’s work, it is not appropriate to disclose particular areas for which they have responsi- information about the dates of individual meet- bility. The enterprise steering group, which is ings or any of its proceedings. However, I can responsible to the Minister for Enterprise, Trade confirm that it met recently. In addition to their and Employment, Deputy Martin, has regulations meetings, the members liaise on an ongoing basis as regards the better regulation group. Questions to monitor developments which might have in that regard should be put to him. national security implications, in particular in the international arena. CaoimhghıńO´ Caolaín: In the Taoiseach’s The committee is concerned with ensuring the omnibus response to the five questions grouped, Government and I are advised of high level secur- he indicated that the business forum on regu- ity issues and the responses to them — but not lation met on three occasions since it was estab- involving operational security issues. lished. What is the membership of the business Mr. Kenny: In view of the comments made by forum on regulation? the British Government in respect of new nuclear plants in Britain, has the Government received The Taoiseach: I do not have the names, but any briefing for the National Security Committee, they are senior representatives of IBEC, as well given al-Qaeda reports in the past that Britain is a as an interdepartmental group of officials, under legitimate terrorist target? I know the Taoiseach the direction of an assistant secretary of my cannot give all of the details concerning security Department. arrangements for Sellafield or any other proposed nuclear station on the west coast of Britain. ´ CaoimhghıńOCaolaín: Will the Taoiseach cir- He could not go the UN route and has taken the culate the details? issue back to Europe. It is, obviously, a consideration at the National Security Committee. The Taoiseach: Yes, I will. There is no problem Previously, I raised the issue of the emergency with that. planning procedures being split between quite a disparate number of Departments, State agencies National Security. and sub-groups, including the task force on emergency planning, the interdepartmental working 6. Mr. J. Higgins asked the Taoiseach when the group on emergency planning, the Office of National Security Committee last met; and if he Emergency Planning and the National Security will make a statement on the matter. [14284/06] Committee. I raised the possibility of co-ordination under one roof to deal with national emer- 7. Mr. Kenny asked the Taoiseach the number gency planning. Has the Government given any of meetings of the National Security Committee consideration to streamlining, clarity and concen- which have been held to date in 2006; and if he tration of responsibility in this area? will make a statement on the matter. [16022/06] The Taoiseach: The Office of Emergency Plan- 8. CaoimhghıńO´ Caolaín asked the Taoiseach ning and the working groups on emergency plan- the role and function of the National Security ning are all co-ordinated under the various emer- Committee; when it last met; and if he will make gency services involved in all our contingency a statement on the matter. [16089/06] plans. The contingency group is chaired by the 379 Ceisteanna — 24 May 2006. Questions 380

[The Taoiseach.] the British nuclear arms stockpile directly with Minister for Defence, meets frequently and is the Prime Minister? under his control. It is working well and has set up a superstructure pulling together the people The Taoiseach: The National Security Commit- from each area. It is deemed not necessary — I tee is comprised of senior officials of Depart- hope it never is — to set it up as a tidier arrangements, the Garda and the Defence Forces and is ment. It would involve significant cost to do that. a high-level forum for mutual awareness and con- We are a small enough area to be able to pull the sultation on issues of security. Any issue of secur- people from the various groups. As long as it is ity is raised at it and followed through, back to under one Minister and committee, it works well. the line Departments. Sellafield is, obviously, an The National Security Committee falls under issue of concern. The committee provides for the remit of my Department. It deals primarily exchange of information and collective assess- with international issues and with the information ment on an ongoing basis. Its work precludes me that flows to us through Europol and Eurojust. from giving a description of the issues, but all the This information flows on a well organised basis obvious issues are debated and discussed at a high since 11 September 2001 which, if it achieved level. The committee agrees on what action nothing else, at least got the European security should be taken and this is followed through by system to work well. the relevant Ministers or, if it is an issue that We continue our efforts on the Sellafield ques- directly concerns the British Government, I fol- tion. We have engaged a high level group of legal low through. and technical experts to work on the legal case. We continue to pursue the case and the Attorney CaoimhghıńO´ Caolaín: What about the General has given much effort and time to it. At nuclear armament stockpile? Has that been a recent international conference he set out his addressed by the committee? full position and gave a full update on the situation. I refer Deputies to his speech on that An Ceann Comhairle: That matter does not occasion because it comprehensively pulls arise at this point. together all the aspects of the situation. We are continuing with the case. Mr. Rabbitte: On a minor point of clarity, do As I predicted, for its own reasons the British I understand that the committee only deals with Government is hell-bent on taking the nuclear potential security threats and has no role in route. It tells us that it will be done with the best anticipating or dealing with civil disasters? I of security and safety measures, but we are never heard what the Taoiseach said about continuing totally convinced. We continue to make our case. to prepare the case on Sellafield. Has the commit- The Minister for the Environment, Heritage and tee any role in monitoring the potential threat Local Government, Deputy Roche, and others from Sellafield in the event of a disaster have outlined our concerns. We have good dia- occurring? logue with the British on these issues and are able to put forward our case and point of view, but I The Taoiseach: The Office of Emergency Plan- do not think that will stop them. If France and ning deals with that, but obviously Departments, the UK have decided that their future energy in particular, the Department of the Envir- interests lie with the nuclear option, they will con- onment, Heritage and Local Government, have a tinue on that path. major role to play. The National Security Com- mittee discusses any issue or intelligence it CaoimhghıńO´ Caolaín: My question mirrors receives. If it has information, it passes it on to that of Deputy Kenny. With regard to the role the relevant sources, but does not as a group meet and function of the National Security Committee, individuals or governments. The Office of Emer- does it have a responsibility to address the threat gency planning deals with national disasters and posed to the people of this island by not only preparations to deal with them. The input into Sellafield, but the British nuclear arms stockpile that committee comes mainly from the Depart- of some 185 long-range missiles? There is no indi- ment of the Environment, Heritage and Local cation of any attempt at decommissioning on Government, which has control over most of the Britain’s part, rather it is all talk of expansion. emergency services, for example, the fire and The Taoiseach did not address this matter in his local authority services. reply to the previous question. Mr. Boyle: The Taoiseach mentioned earlier An Ceann Comhairle: That might be a ques- his concerns about Sellafield and the extension of tion for the line Minister. nuclear power stations in Britain. Does he, through the National Security Committee, hope CaoimhghıńO´ Caolaín: Will the Taoiseach to address information that may come from indicate whether this is part of the focus of the Britain with regard to threats to civil aviation? National Security Committee. While we know the We had the example in recent months of planes record of the Government with regard to Sella- flying over Sellafield that had to be diverted to field, has the Taoiseach ever raised the issue of Scottish airports because of engine failure. The 381 Ceisteanna — 24 May 2006. Questions 382

Government was not given advance warning of various elements of the committee, such as the this information. Did the Taoiseach seek further Garda and the Defence Forces, are in contact information on these diversions or an apology with one another on a more regular basis to con- from the British Government for not being sider various issues. I suppose the reason for the informed? Does the National Security Committee traditional practice is that if the committee were deal with these issues? to start making the dates of its meetings known, Does the committee give consideration to the people would start to ask what it was talking colour code systems that operate in the United about etc. Many of the committee’s dealings States and the United Kingdom with regard to relate to international terrorism and much of the threats from international terrorism? information it discusses relates to the movement In reply to questions on national security in of individuals. That was probably the convention November 2005, the Taoiseach only informed the in the past. There are many more discussions of Daíl then that the committee had met in the pre- that nature now for the obvious reason that there vious month. Why is there such secrecy with is a fair bit of movement of people who are of regard to past meetings of the committee? Why interest to the international agencies in Ireland can the House not be informed that the commit- and other countries. tee met X number of times in the previous year? Departmental Expenditure. The Taoiseach: On the general point, most of 11. Mr. Gormley asked the Taoiseach the the information we get on international terrorism annual figures for moneys paid to a person and a usually comes from Europol or Eurojust. Sub- company (details supplied) since 2002 for services stantial information is transferred from them. to his Department; if he will justify this expendi- With regard to not being informed on rogue ture; and if he will make a statement on the aircraft, there is an agreement, which is renewed matter. [14384/06] annually, with the Department of Foreign Affairs The Taoiseach: When I am due to speak in Daíl on procedures for dealing with such events or any E´ ireann or I am about to be interviewed for tele- breaches of the agreement. The Department of vision, I make the normal preparations that are Foreign Affairs is very careful to follow up any standard for all those who participate in tele- issues which arise, whether they arise along the vision programmes, just as successive Taoisigh Border, along the coast or in the sea between have done since the introduction of the televising Ireland and Britain. There is a procedure for of Daíl proceedings in 1990. The rates paid to the dealing with such issues. Traditionally, the providers of the service are in line with current National Security Committee does not give the SIPTU rates. The annual amount paid in respect dates of its meetings. While the committee meets of the preparations since 2002 is detailed in the fairly regularly, it does not meet monthly. The following table:

Year Amount paid for preparation for television Amount paid for preparation for television appearances to the person referred to in the appearances to the company referred to in the question question

2002 3,887.69 7,857.08 2003 4,017.99 14,657.44 2004 9,782.44 15,870.38 2005 7,589.30 17,517.92 2006 (to end of March) 1,503.36 2,561.30

Mr. Gormley: It seems from figures I have seen many of the ladies in the Cabinet? What sort of previously that the Taoiseach is spending hun- priorities does the Taoiseach have when he is dreds of euro on what are called “make-up heading around like the queen of Drumcondra? services” every week. Mr. Durkan: In Fagan’s. Mr. Cuffe: He is looking well on it. Mr. Gormley: Given that this year is the 80th anniversary of the founding of Fianna Fa´il, what Mr. Durkan: It is disgraceful. does the Taoiseach think the founder of that party, E´ amon de Valera—— Mr. Gormley: How does the Taoiseach expect taxpayers, many of whom are lying on trolleys, to Mr. Gogarty: He used mascara. pay such an exorbitant sum to meet the cost of his vanity, essentially? Is it not extraordinary that Mr. Gormley: ——would say about a it seems, from the figures I have seen, that the Taoiseach who spends hundreds of euro on Taoiseach spends more money on make-up than make-up every week? 383 Ceisteanna — 24 May 2006. Questions 384

An Ceann Comhairle: That question does not Mr. Gogarty: One has to go there whether one arise from Question No. 11. likes it or not.

Mr. Kehoe: He would tell him to use Vichy. The Taoiseach: It is not a question of “whether one likes it or not”. Deputy Gormley always goes Mr. Gormley: Does the Taoiseach agree that to the RTE room and uses make-up. we could now call him the L’Ore´al Taoiseach, as he spends this money because he is worth it? Mr. Carty: It does not make a difference.

Ms Hanafin: He is worth it. The Taoiseach: He has never been known not to do so in advance of any of his many tele- Mr. Kitt: Deputy Gormley could do with some vision appearances. make-up. Mr. Gormley: How does the Taoiseach know The Taoiseach: When Deputy Gormley is all this? Taoiseach some day—— The Taoiseach: I know because I checked. Mr. Gormley: I thank the Taoiseach for his confidence. Mr. Durkan: He must be the fly on the wall in RTE. The Taoiseach: ——he will find that the services of two people who are paid on a per diem Mr. Gormley: I must say the Taoiseach has basis are made available in the Department of the done some extraordinary research on my habits. Taoiseach. Their services are usually made available two days a week — they are usually the Da´il Mr. Cuffe: He is engaging in a security days. One of the staff in question has been there offensive. since the start. Mr. Gormley: Would it be too much trouble for Mr. Stagg: Is that why the Taoiseach will not the Taoiseach to apply his make-up himself? come in on Thursdays? Mr. Durkan: We could not have that. The Taoiseach: If I came in on Thursdays, we would have to pay for three days. Mr. Gormley: Does he need all of these people? Mr. Durkan: He cannot come into the House unless he is wearing make-up. An Ceann Comhairle: That does not arise. The Taoiseach: It would be even more expens- Mr. Durkan: We could not expect him to do ive then. that. Mr. Stagg: We will pay for it if the Taoiseach agrees to come in. Mr. Gormley: What is the story here?

The Taoiseach: They are paid the SIPTU rate An Ceann Comhairle: That is a frivolous for the job they do. question.

Mr. Rabbitte: We will pass around a hat if the Mr. Gormley: Can the Taoiseach give us a Taoiseach comes in. breakdown of how much it costs per week? I have seen a figure of \480. The Taoiseach: I do not think these people should be fired to satisfy Deputy Gormley. An Ceann Comhairle: It is a long-standing rule that a supplementary question is not in order if Mr. Gogarty: They could work in the health the answer to it has already been circulated in service. response to the original question.

The Taoiseach: They provide a service and Mr. Durkan: Can we have an estimate of the they do their job. price per gallon?

Mr. Stagg: We could decentralise them. Mr. Gormley: I know this is embarrassing for the Taoiseach. The Taoiseach: They are paid the SIPTU rate. I avail of the same services as everyone else who The Taoiseach: Not one bit. appears on television. I understand that Deputy Gormley always very carefully goes to the make- An Ceann Comhairle: I have allowed Deputy up room when he is in RTE. Gormley a fair amount of latitude. 385 Requests to move Adjournment of 24 May 2006. Da´il under Standing Order 31 386

Mr. Gormley: To spend \480 a week on make- maintain the current appearance and continued up is extraordinary at a time when there are operation of these prestige hotels. people lying on trolleys, when we do not have proper schools and when we have extraordinary Mr. Rabbitte: If the Taoiseach is consistent he deficits in our services. should deal with that matter vigorously.

An Ceann Comhairle: You have made your Mr. Healy: I wish to seek the adjournment of point. the Daíl under Standing Order 31 to discuss a specific matter that requires urgent consideration, Mr. Gormley: It amounts to nothing more namely, the need for the location of an emer- than decadence. gency ambulance station at St. Bridget’s Hospital in Carrick-on-Suir, County Tipperary, to ensure Mr. Durkan: The Romans were like that too. realistic and lifesaving response times, particularly for heart patients and road traffic accident patients, as the existing emergency ambulance Requests to move Adjournment of Daíl under services operating from Clonmel and Waterford Standing Order 31. cannot meet acceptable response times; and the An Ceann Comhairle: Before coming to the need for the Tańaiste and Minister for Health and Order of Business, I propose to deal with a Children to make a statement on the matter. number of notices under Standing Order 31. Mr. Ferris: I wish to seek the adjournment of Mr. Healy-Rae: I wish to seek the adjournment the Daíl under Standing Order 31 to raise a of the Daíl under Standing Order 31 to debate an matter of national importance, namely, the fail- urgent matter, namely, the fact that the planning ure of the ambulance services to respond to the process in County Kerry is being interfered with request of a terminally ill woman, a mother of and hampered by a small number of serial objec- eight young children aged between seven and 18, tors who use the appeals system to hurt people who was being treated for cancer. The woman in against whom they have a personal vendetta; the question took ill 11 days after the sudden death need for anyone objecting or appealing a plan- of her husband and urgently needed to be taken ning decision to prove that the proposed develop- from her home in Cahirciveen, County Kerry, to ment would have a detrimental affect on them- Cork University Hospital. As a result of the selves or property they own; the need to balance urgency of the situation and the unavailability of the rights of everybody as part of the debate on an ambulance to take the woman from Tralee to this very complicated matter; the fact that objec- Cork, her family were left with no option but to tors often live 70 or 80 miles from the location in transfer her in the back of a van for approxi- respect of which the planning permission has mately 55 miles over substandard roads until an been applied for — in some instances, objections ambulance travelling from Macroom eventually have been made by people living as far away as took her to Cork. The woman died last week, the United States of America; and the need for leaving eight children orphaned. This House needs to discuss the failure of the Tańaiste and the Minister for the Environment, Heritage and Minister for Health and Children to provide Local Government to take some action to put a medical services for people in need. stop to this practice, for example by increasing \ the fee for making appeals to at least 1,000 to Mr. Cuffe: I wish to seek the adjournment of bring an end to this unwanted blackguarding. the Daíl under Standing Order 31 to raise a specific and important matter of public interest that Mr. Durkan: Hear, hear. requires urgent consideration, namely, the constitutional or legislative changes which are required Mr. Gogarty: That request has to be granted. in the wake of yesterday’s Supreme Court judgment to ensure the rights of children receive Ms B. Moynihan-Cronin: I wish to seek the adequate protection in the State. adjournment of the Daíl under Standing Order 31 to raise a specific and important matter of public Mr. Gogarty: I seek the adjournment of the interest that requires urgent attention, namely, Daíl under Standing Order 31 to debate the fol- the need for the Taoiseach and the Minister for lowing urgent matter, namely, the continued fail- Arts, Sport and Tourism to explain why fixtures ure of the Government to deal with the issue of and fittings have been removed from the Great alcohol abuse in our society, particularly in Southern Hotels, to state who authorised their respect of young people, whereby children as removal and to outline what will happen to them young as 12 or less now drink themselves into a subsequently; and the need for the Taoiseach to stupor regularly, with all the personal and social intervene to ensure that all fixtures and fittings problems thus caused; the lack of a role model remain in place while the hotels operate as Great among senior Government figures, as shown by Southern Hotels in the name of this State and the number of off-licences and pubs opened by that no further asset stripping takes place to politicians, not to mention drink driving charges; 387 Order of 24 May 2006. Business 388

[Mr. Gogarty.] statutory instruments, the same statutory rights the lack of investment in community facilities, apply to the other employees who were employed whereby more than one third of the sports budget by the board at that time. Will the Taoiseach indi- is spent on the dog and horse racing industries; cate, whenever he receives the information, what the need to provide such facilities as well as edu- will be the response in dealing with those out- cation and personal development opportunities; standing claims which deal with abolition of and the need to seriously tackle issues such as office, pension rights and so on? alcohol availability, ineffective fines and power of advertising for the commercial entities, before the An Ceann Comhairle: Is legislation promised? situation becomes worse — the Daíl bar sets a bad example in this regard. Mr. Kenny: This matter falls under the legislation of the statutory instruments which were An Ceann Comhairle: Having considered the introduced. matters raised, they are not in order under Stand- Second, I note that according to the legislative ing Order 31. programme, it is expected that a Bill will be published some time this year for the development of Order of Business. an inland waterways authority. It will deal with the existing fisheries boards and a reduction in The Taoiseach: It is proposed to take No. 12, the numbers thereof. However, the Farrell Grant ´ motion re proposed approval by Daíl Eireann of Sparks report has never been debated in the the terms of the treaty concerning the accession House. From my dealing with the personnel of the Republic of Bulgaria and Romania to the involved, it is clear that much work must be done European Union, back from committee; No. 13, in terms of sustaining the value and potential of ´ motion re proposed approval by Daíl Eireann of the industry locally and from the perspectives of the Freedom of Information Act 1997 (Prescribed tourism and fishing. Bodies) Regulations 2006, back from committee; No. 13a, motion re membership of committee; An Ceann Comhairle: On legislation. No. 20, Energy (Miscellaneous Provisions) Bill 2006 — Second Stage, resumed; and No. 3, Plan- Mr. Kenny: Realistically, does the Taoiseach ning and Development (Strategic Infrastructure) expect that the Bill will be produced and pub- Bill 2006 [Seanad] — Second Stage. It is pro- lished this year? Will it happen in this session or posed, notwithstanding anything in Standing the next? Orders, that Nos. 12, 13 and 13a should be decided without debate. Private Members’ busi- The Taoiseach: On the first question regarding ness shall be No. 54, motion re drug abuse, statutory instruments, I understand that someone resumed, to conclude at 8.30 p.m. is working on the matter. However, I will try to establish the issues and will let the Deputy know. An Ceann Comhairle: There is one proposal to Work continues on the national inland fisheries put to the House. Is the proposal for dealing with authority Bill to establish the national inland fish- Nos. 12, 13 and 13a without debate agreed? eries authority, which will subsume the executive functions of the existing central and regional fish- Mr. Boyle: I refer to No. 13. When will the eries boards. It is hoped to have the Bill later in House have an opportunity to have a more wide- 2006. ranging debate on freedom of information and the comments made by the Freedom of Infor- Mr. Rabbitte: Everyone except Members of mation Commissioner regarding those bodies this House appears to possess a copy of the which have yet to be placed on the list of bodies Dalton report on Bord na gCon, or appears to which are open to the Freedom of Information have a partial, leaked version of it. One suspects Act? the motives behind such partial leaking.

The Taoiseach: This matter may be discussed An Ceann Comhairle: We cannot discuss the at a Whips’ meeting this evening. report. What is the question?

An Ceann Comhairle: Is the proposal agreed? Mr. Rabbitte: I note the Minister made two Agreed. new appointments to Bord na gCon yesterday. When will Members receive the full, unexpur- Mr. Kenny: I wish to ask the Taoiseach two gated version of the Dalton report in order that questions. First, last week I referred to the demise they can assess what is happening and who is of the National Rehabilitation Board and noted spinning against whom? the organisation had 184 members of staff in 2000. I quoted to the Taoiseach the relevant two The Taoiseach: As I stated, we are bound by statutory instruments. One of the employees has the agreement and by natural justice to provide a contested the case through the courts for six years period and I understand that will expire next and that case has been vindicated. Under the week, after which we must return to this issue. As 389 Order of 24 May 2006. Business 390 the relevant sections of the report have been Mr. Allen: At the time, the Ta´naiste assured given to the relevant individuals, people did not the House that she would take steps to terminate receive the full report. Obviously, there is a battle the practice. going on for comments on this, which is unhelpful. The Minister has asked people a number of An Ceann Comhairle: Deputy, it does not arise times to stop, but he has been ignored. We have on the Order of Business. been advised, given our system of natural justice, that we must allow a certain period to elapse. Mr. Allen: It is still going on. While we considered publication of the full report, given what was happening, we were An Ceann Comhairle: I call Deputy Durkan. advised not to do so. Hence, we will see the period through and will deal with the issue Mr. Allen: It is unacceptable that people on thereafter. trolleys are being charged for the privilege.

Mr. Gormley: Last week I raised on the An Ceann Comhairle: Deputy Allen is abusing Adjournment the proposed housing mis- Standing Orders. I call Deputy Durkan. cellaneous provisions Bill and the Minister of Mr. Durkan: In the context of promised legis- State at the Department of the Environment, lation, will the Taoiseach instruct the Minister for Heritage and Local Government, Deputy Noel Communications, Marine and Natural Resources Ahern, said that it is important legislation con- to make use of the interregnum between now and cerning tenant purchase and anti-social behaviour the hand-over of Eircom to new management to in local authority housing developments. This is redefine and redevelop the programme for the important legislation for many people—— delivery of broadband and associated telecommunications services? An Ceann Comhairle: Deputy, we cannot discuss the contents of legislation but the Deputy An Ceann Comhairle: Deputy, that does not may put a question on the legislation? arise on the Order of Business. I call Deputy O´ Caola´in. Mr. Gormley: Does the Taoiseach envisage the Bill will be published and passed before the Mr. Durkan: It does arise, under the election? electronic——

The Taoiseach: There are two Bills. The hous- Mr. Broughan: On the same subject, I support ing miscellaneous provisions Bill will provide for Deputy Durkan. a rental accommodation scheme and a revised tenant purchase scheme allowing for the sale of An Ceann Comhairle: On legislation. flats, as well as strengthening local authority powers to deal with anti-social behaviour. The Mr. Broughan: Yes. I refer to the electronic heads of that Bill are expected shortly. communications miscellaneous provisions Bill. Depending on when it is ready, the Bill will then Will it be passed before the summer break? be sent for drafting. It is important legislation and the heads of the Bill will be available before the The Taoiseach: Yes. summer. Thereafter it will be sent for drafting as soon as possible. An Ceann Comhairle: This session.

Mr. Gormley: Will it be before the election? The Taoiseach: If everyone co-operates.

The Taoiseach: Hopefully. Mr. Durkan: Will the Minister use the time for the purposes suggested by Members? Mr. Allen: Last week, I asked the Ta´naiste The Taoiseach: It will be passed this session. whether it was Government policy for health service executives to bill patients for Mr. Durkan: Yes, but will the Taoiseach use it overnight—— for the purpose which Members feel should be dealt with now? An Ceann Comhairle: Deputy, this does not arise on the Order of Business. An Ceann Comhairle: We cannot have a debate on what might be in the Bill or what the Mr. Allen: It is under the Health (Hospitals outcome might be. Inspectorate) Bill. Mr. Durkan: We are trying to encourage the An Ceann Comhairle: If the Deputy has a Taoiseach. question on the Bill he should raise it with the line Minister. Mr. Broughan: We are on a merry-go-round. 391 Order of 24 May 2006. Business 392

An Ceann Comhairle: Deputy, the correct way The Taoiseach: The heads of the Electoral to do that is to submit a question to the line (Amendment) Bill were approved at Christmas Minister. time and the Bill is due before the House this session. Mr. Durkan: I will. Mr. Stagg: A few weeks ago I asked the Caoimhghı´nO´ Caola´in: On Monday, the Taoiseach about the broadcasting Bill and a very Government signed an agreement between the nice man from either his Department or the European Union and Morocco to rob the fishing Department of Communications, Marine and rights of the people of Western Sahara, a nation Natural Resources rang and updated me immedi- illegally occupied by Morocco. ately afterwards. Is there any more news as it is getting later? An Ceann Comhairle: It does not arise on the Order of Business. I call Deputy Gay Mitchell. Mr. Durkan: It is time to produce the evidence.

CaoimhghıńO´ Caolaín: It does, if you allow The Taoiseach: It is the e-government Bill and me to finish the question. That decision, and I understand the Bill will be brought to a commit- indeed the hypocritical representation tee. Work is progressing on the Bill. subsequently—— Mr. Rabbitte: A government emeritus. An Ceann Comhairle: Sorry, Deputy, it does not arise. I call Deputy Gay Mitchell. Mr. Crawford: Some 18 years ago a constituent of mine bought land from the Land Commission, CaoimhghıńO´ Caolaín: ——whereby the but the records cannot be found anywhere now. Government affirmed our continuing recognition When will the land conveyancing Bill be brought of the rights of the people of Western Sahara—— before the House so that we can at least discuss it and discover where it has gone? An Ceann Comhairle: Sorry, Deputy, you cannot abuse the Order of Business in that The Taoiseach: The land conveyancing Bill is fashion. I call Deputy Gay Mitchell. due later this year. It will give effect to the Law Reform Commission’s report on modernisation ´ CaoimhghıńOCaolaín: Will that agreement of the land laws and conveyancing law. come before this House for ratification? Mr. Deenihan: Further to what Deputy An Ceann Comhairle: The Deputy should sub- Rabbitte said about the Dalton report, will the mit a question to the line Minister. Taoiseach give an assurance that the report will be discussed in the House as soon as possible? I CaoimhghınO´ Caolain: If so when will a ´ ´ ask the Taoiseach to carry out an investigation debate take place? into the leaks that the media stated came from Government sources. An Ceann Comhairle: Is legislation promised? An Ceann Comhairle: The second question The Taoiseach: There is no legislation. does not arise on the Order of Business. CaoimhghıńO´ Caolaín: Will the agreement come before the House? Mr. Deenihan: It is very important.

An Ceann Comhairle: Is a debate promised? An Ceann Comhairle: I suggest that the Deputy submit a question and deal with it in the The Taoiseach: No. appropriate way.

An Ceann Comhairle: It will be a matter for Mr. Deenihan: It is obvious that the person the Whips. being targeted is the chairman of Bord na gCon.

Mr. G. Mitchell: Following a private Members’ An Ceann Comhairle: I ask the Deputy to Bill that I published, the Ta´naiste told the House desist. that the Government would introduce legislation on votes for prisoners. Last week Mr. Deenihan: What is happening in the media 12 o’clock when I asked the Minister for Justice, regarding Bord na gCon is very unfair. Equality and Law Reform, he said that he was not aware of any such proposal. Can An Ceann Comhairle: We cannot have a the Taoiseach confirm that legislation will be debate on the matter. I will allow the Deputy’s introduced to give votes to prisoners as was first question, which is really a repeat of Deputy promised in the House? Rabbitte’s question. 393 Energy (Miscellaneous Provisions) 24 May 2006. Bill 2006: Second Stage (Resumed) 394

Mr. Deenihan: The Taoiseach should intervene Energy (Miscellaneous Provisions) Bill 2006: in this whole debacle. It is selective leaking to a Second Stage (Resumed). number of papers and it is very unfair. Question again proposed: “That the Bill be now read a Second Time.” EU Accession Treaties: Motion. Minister for Communications, Marine and Natural Resources (Mr. N. Dempsey): I reiterate Minister of State at the Department of the that this is one of a suite of measures that will Taoiseach (Mr. Kitt): I move: allow the Government to continue to drive for- That Daíl E´ ireann approves the terms of the ward a very progressive energy agenda. As I have Treaty concerning the Accession of the already mentioned we are already providing Republic of Bulgaria and Romania to the strong leadership in the areas of wind power and European Union, done at Luxembourg on 25 other renewable energy sources and we intend to April, 2005, copies of which were laid before continue to do so. Future measures include the Daíl E´ ireann on 17 January, 2006. upcoming NORA Bill and the single electricity market Bill as well as the Department’s Green Paper on energy policy. As many of the issues Question put and agreed to. raised in the Deputies’ contributions on this Stage of the Bill will be addressed in that policy paper, I do not intend to go through them in any more Freedom of Information Act 1997 (Prescribed detail at this stage. Bodies) Regulations 2006: Motion. I welcome the support of Members for the pro- Minister of State at the Department of the visions of the Bill. I look forward to its early Taoiseach (Mr. Kitt): I move: Committee Stage consideration with the objective of progressing it to the Statute Book as quickly That Daíl E´ ireann approves the following as possible. In this regard, I ask members of the Regulations in draft: select committee to table their proposed amendments as quickly as possible to allow them to be Freedom of Information Act 1997 given full and fair consideration. I will consider (Prescribed Bodies) Regulations 2006, all amendments with an open mind to see if we can improve the Bill. copies of which were laid in draft form before I believe the House is also aware that I propose Daíl E´ ireann on 28th April, 2006. to extend the Bill and I will table the appropriate amendments as soon as they are ready to allow full discussion on those provisions. To that end Question put and agreed to. proposals were brought to Government yesterday to allow for the addition within the text of the Membership of Committee: Motion. Bill of measures currently outside its scope, Minister of State at the Department of the notably to provide for the conferring on Bord ´ Taoiseach (Mr. Kitt): I move: Gaís Eireann of the power to create a capital stock. We will table the necessary motion to allow That Deputy Michael Ring be discharged Deputies to discuss those proposed amendments from the Committee on Procedure and Privil- prior to Committee Stage. eges sub-Committee on Members’ Services and I again thank the Members from all sides of the that Deputy Shane McEntee be appointed in House for their very constructive approach to the substitution for him. Second Stage and I look forward to the Commit- tee Stage. Question put and agreed to. Question put.

The Da´il divided: Ta´, 76; Nı´l, 62.

Ta´

Ahern, Noel. Coughlan, Mary. Andrews, Barry. Cowen, Brian. Ardagh, Sea´n. Cregan, John. Blaney, Niall. Cullen, Martin. Brady, Johnny. Curran, John. Brady, Martin. de Valera, Sı´le. Brennan, Seamus. Dempsey, Noel. Callanan, Joe. Dempsey, Tony. Carey, Pat. Dennehy, John. Carty, John. Devins, Jimmy. Cassidy, Donie. Ellis, John. Collins, Michael. Finneran, Michael. Cooper-Flynn, Beverley. Fitzpatrick, Dermot. 395 Energy (Miscellaneous Provisions) Bill 24 May 2006. 2006: Referral to Select Committee 396

Ta´—continued

Fleming, Seań. Nolan, M.J. Fox, Mildred. O´ Cuı´v, E´ amon. Gallagher, Pat The Cope. O´ Fearghaı´l, Seań. Glennon, Jim. O’Connor, Charlie. Grealish, Noel. O’Dea, Willie. Harney, Mary. O’Donnell, Liz. Haughey, Seań. O’Donovan, Denis. Healy-Rae, Jackie. O’Flynn, Noel. Hoctor, Maíre. O’Keeffe, Batt. Jacob, Joe. O’Keeffe, Ned. Keaveney, Cecilia. O’Malley, Fiona. Kelleher, Billy. O’Malley, Tim. Kelly, Peter. Parlon, Tom. Killeen, Tony. Power, Peter. Kirk, Seamus. Power, Seań. Kitt, Tom. Roche, Dick. Lenihan, Brian. Sexton, Mae. McDaid, James. Smith, Brendan. McDowell, Michael. Smith, Michael. McEllistrim, Thomas. Treacy, Noel. McGuinness, John. Wallace, Dan. Moloney, John. Wallace, Mary. Moynihan, Donal. Walsh, Joe. Moynihan, Michael. Wilkinson, Ollie. Mulcahy, Michael. Wright, G.V.

Nı´l

Allen, Bernard. McEntee, Shane. Boyle, Dan. McGinley, Dinny. Breen, James. McGrath, Finian. Broughan, Thomas P. McGrath, Paul. Burton, Joan. McHugh, Paddy. Connaughton, Paul. McManus, Liz. Connolly, Paudge. Mitchell, Gay. Costello, Joe. Morgan, Arthur. Coveney, Simon. Moynihan-Cronin, Breeda. Crawford, Seymour. Murphy, Catherine. Crowe, Seań. Neville, Dan. Cuffe, Ciarań. O´ Caolaín, Caoimhghıń. Deasy, John. O’Dowd, Fergus. Deenihan, Jimmy. O’Keeffe, Jim. Durkan, Bernard J. O’Shea, Brian. English, Damien. O’Sullivan, Jan. Enright, Olwyn. Pattison, Seamus. Ferris, Martin. Penrose, Willie. Gilmore, Eamon. Perry, John. Gogarty, Paul. Quinn, Ruairı´. Gormley, John. Rabbitte, Pat. Gregory, Tony. Ring, Michael. Harkin, Marian. Ryan, Eamon. Healy, Seamus. Ryan, Seań. Higgins, Joe. Sherlock, Joe. Higgins, Michael D. Shortall, Ro´ isıń. Hogan, Phil. Stagg, Emmet. Kehoe, Paul. Stanton, David. Kenny, Enda. Timmins, Billy. Lynch, Kathleen. Twomey, Liam. McCormack, Pa´draic. Upton, Mary.

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

Question declared carried. That the Bill be referred to the Select Com- mittee on Communications, Marine and Energy (Miscellaneous Provisions) Bill 2006: Natural Resources, in accordance with Stand- Referral to Select Committee. ing Order 120(1) and paragraph 1(a)(i) of the Orders of Reference of that committee. Minister for Communications, Marine and Natural Resources (Mr. N. Dempsey): I move: Question put and agreed to. 397 Planning and Development (Strategic 24 May 2006. Infrastructure) Bill 2006: Second Stage 398

Planning and Development (Strategic national development plan to direct our future Infrastructure) Bill 2006 [Seanad]: Second Stage. investment programmes. The national spatial strategy will be a crucial Minister for the Environment, Heritage and influence on infrastructural investment over the Local Government (Mr. Roche): I move: “That period of the plan and beyond. Our decision last the Bill be now read a Second Time.” year to broadly base the regional dimension of I am pleased to have the opportunity to present the next national development plan on the this crucially important Bill to the House. When national spatial strategy underscores the import- I presented the Bill to the Seanad, I declared it ance the Government attaches to the alignment to be among the most important legislation to be of our economic, social and environmental priori- introduced during this term. That is a point I want ties. The strategy emphasises balanced regional to emphasise again and with good reason. Simply development and the important role that good put, this Bill is the key to delivering the infra- transport, communications, energy and other structure we will need to sustain and improve our types of infrastructure play in enabling every part quality of life. of the country to meet its potential. The delivery Mrs. Thatcher, not my favourite politician, of the objectives of the strategy, in consultation once said: “While you and I might travel by road, with regional interests, will therefore be a key rail or even by air, only economists travel by horizontal objective in the next national develop- infrastructure”. During periods of under-investment programme. ment in the past, one could have been excused for Regional planning guidelines spell out how the thinking that modern, high quality infrastructure national spatial strategy agenda flows into existed only in the discourse of economists or as regional development, setting out how the objec- a remote aspiration somewhere at the end of a tives of the national and regional planning frame- winding, pot-holed yellow-brick road. However, a works are to be delivered. Development plans healthy economy and sound management of the then set the overall policy and planning frame- public finances have enabled the Government to work within which development will take place set about delivering the quality and volume of locally. At national, regional and local level the infrastructural services our people deserve and importance of putting strategic infrastructure at which for a long time we have not been able to the centre of all plans and programmes is vital to afford. ensure the sustainable development of all areas. Our country has changed beyond recognition However, we need to update our current plan- over recent decades. Seismic cultural, demo- ning processes to enable us to deliver on these graphic and economic changes have brought us ambitious plans. Our systems of infrastructure enormous benefits. Since the late 1980s but delivery have traditionally served us well in the especially in the last decade, we have seen past, but the level of ambition contained in the phenomenal growth in population, employment, national development plan and in Transport 21 disposable income and in the demands placed on presents us with unprecedented challenges. If we our infrastructure. These changes deliver obvious do not take steps to tackle blockages, our plan- benefits and bring about challenges too for the ning system could potentially act as a barrier to way in which we deliver services, especially key the infrastructure we need for our dynamic econ- infrastructural services and projects, to accommo- omy and growing population. date a population of around 5 million by 2020. Delays in the delivery of any key infrastructure Our economic success is founded upon the hard projects have financial, temporal and environ- work of citizens and successful policies we have mental costs. We require a dynamic means of put in place. We deserve to reap the benefits of meeting our infrastructure deficit which safe- our combined efforts through first class services guards the traditional central principles of our and modern, well functioning infrastructure. planning system, and which ultimately delivers A dynamic economy of itself will not power investment ahead of demand. This Bill allows for homes and businesses, deliver people to their a major streamlining of the existing planning con- places of work or study or goods to markets, or sent process. provide clean water or solutions to our waste There is a substantial duplication of functions problems. For all these we require major invest- in the planning process for major infrastructure ment in quality infrastructure to compliment our development between the relevant planning auth- rude economic health. For this reason the ority and An Bord Pleana´la. That agency, with Government is investing 5% of our gross national acknowledged expertise in this area, is involved product in public infrastructure. Internationally only at the last stage and is constrained in the way this is a remarkable level of Government invest- it can handle these projects. ment. We have already invested \24 billion under This process is bad for infrastructure providers. the national development plan since 2000 to They must deal with multiple layers of regulators enhance our economic and social infrastructure. and they cannot have a face-to-face discussion The Government has recently announced invest- with the final decision makers under the present ments in public transport under Transport 21 system. They are denied access to the decision worth \34 billion. We are drawing up the next makers at an early stage when discussions might 399 Planning and Development (Strategic 24 May 2006. Infrastructure) Bill 2006: Second Stage 400

[Mr. Roche.] for railway orders and the Commission for make a difference. It is bad for planning auth- Energy Regulation and the Minister for orities which must invest massive resources into Communications, Marine and Natural Resources deciding these projects only to see them in respect of strategic gas pipelines. In addition, appealed. It is also bad for ordinary people who major transport, environmental and energy pro- see poorly prepared planning applications subjects of the type referred to in the new Seventh mitted to local authorities and rightly feel duty- Schedule, which is to be added to the 2000 Act, bound to object. It is also a sub-optimal use of An will now be submitted directly to the board rather Bord Pleana´la’s expertise. It needs to be involved than face successive hurdles. from the beginning, helping to ensure that the To enable the board to meet the demands of projects it receives are properly thought through. this expanded brief, the Bill also allows for a Our existing system is an inclusive one which restructuring of the board through the creation of provides for extensive public participation at var- a strategic infrastructure division to deal exclus- ious stages and ensures all concerns can be fully ively with national infrastructure projects. The taken into account when crucial decisions are new structures will provide an enhanced service being made. A streamlined system is required for stakeholders, infrastructure providers, State which will allow full democratic participation and bodies and the general public alike. ensure transparency and accountability, while I will refer to some of the specific provisions striking the correct balance between the national contained in the Bill. Section 3 amends the Plan- interest and the views and concerns of local ning and Development Act 2000 by inserting new groups and individuals. The Bill protects the right sections 37A to 37J. These will set out the of everyone to participate in the process and detailed procedures for the new consent process affords opportunities for members of the public, for the types of strategic infrastructure contained residents and environmental groups to express in the new Seventh Schedule to the 2000 Act, their views on proposed infrastructure projects. inserted under section 5 of the Bill. In effect, this Under the strategic consent process, the board new consent process means that any infrastruc- will be required to consult with and have due ture provider seeking permission to deliver infra- regard for the comments of relevant local auth- structure projects of the type listed in the Seventh orities and, for the first time, elected local auth- Schedule will now apply directly to the new stra- ority members. This is a novel provision because tegic infrastructure division of An Bord Pleana´la. previous planning legislation excluded councillors Section 19 of the Bill allows for the establishment from the executive planning decision process. of this new division. I acknowledge this is complex legislation and The board will decide whether proposed pro- that the proposed measures will have significant jects constitute infrastructure of strategic import- impacts on our system. I want, therefore, to set ance according to the criteria contained in the out the objectives of the Bill in broad terms. new section 37A of the 2000 Act. Such projects There are currently three broad categories of must either be of strategic economic or social planning consents for large infrastructure pro- importance to the State or the region in which it jects. Projects promoted by local authorities would be located, contribute in a significant man- within their areas go straight to An Bord Pleana´la ner to the objectives of the national spatial on the basis that a local authority, as planning strategy or regional planning guidelines of the authority, cannot be a judge in its own case. region in which they are to be located or have a Large infrastructure projects, such as motorways significant effect on the area of more than one and major building programmes, will require for- planning authority. mal environmental impact assessment. Under section 37B, where a proposed develop- Certain development projects are not covered ment does not fall within one of these categories, by the normal planning system but by a separate the board must notify the developer in writing of consent system, often under the responsibility of this fact and direct him or her to apply for con- the relevant Minister. Such projects include rail- sent through the normal process to the relevant way lines and metro, for which the Minister of planning authority or authorities. The board will Transport has responsibility, and gas pipelines, also notify the relevant planning authorities of its which fall under the remit of the Minister for decision at this point. Where proposed devel- Communications, Marine and Natural Resources. opments fall within one or more of these categor- Major infrastructure projects proposed by the ies, the strategic infrastructure division must then private sector and State sponsored bodies or by enter into a consultation process with the appli- local authorities outside their areas must go to cant. This consultation is intended to ensure the normal two-step planning process, involving applications and environmental impact state- permission from the local planning authority and, ments are better prepared and have full regard to almost always, an appeal to An Bord Pleana´la. the requisite planning and procedural guidelines. To help streamline the process, this Bill will I seldom give my unqualified agreement to com- extend the board’s existing role in two ways. The ments made by Members of the Green Party but board will now take on the consent role of the I think they are correct in this regard. Poorly pre- Minister for Transport as the consent authority pared planning applications clog the system, add 401 Planning and Development (Strategic 24 May 2006. Infrastructure) Bill 2006: Second Stage 402 to frustration and help to bring the planning pro- views they express on behalf of the communities cess into disrepute. This section will mean undue that elect them heard. Too often councillors tell delay can be avoided and, crucially, any signifi- me they feel excluded from the system and are cant environmental ramifications of a project will not listened to. be highlighted as early as possible in the process. I want to reiterate in a practical way the I concur with Deputy Cuffe that environmental importance I have attached to democratic partici- impact statements sometimes seem to have been pation in the planning process. While local auth- written on the back of cigarette boxes. This orities have a major role in setting overall plan- matter must be dealt with seriously to avoid clog- ning policy in their area’s development plans, ging the system or putting local communities they normally have no direct role in executive through unnecessary frustrations, expenses and decisions on planning applications. It is important concerns. This is a progressive measure which is that their views be taken into account in the con- specifically intended to make the planning pro- sent process for major projects. Consequently cess work and, in particular, to make people com- sections 37E(4) to 37E(7) give a new specific role pose planning applications in a thoughtful, com- to councillors whereby managers will be legally prehensive and accurate manner. required to convey the views of elected members Section 37C sets out the key transparency proof councils to the board. This deals with a lacuna. visions in respect of this consultation process. Our We have all had experience of talking to council- system is founded on the principles of trans- lors who feel they are excluded from the process. parency and accountability and these consider- This gives councillors a statutory right and man- ations are paramount throughout the Bill. This agers a statutory responsibility to ensure that section makes a clear distinction between the right is exercised. It means the views not just of consultation process and the further functions of the council executive and planning staff go to the the board in the consent procedure, which shall board but also those expressed by the elected rep- in no way be prejudiced by the consultations. This resentatives who democratically speak on behalf section will give the board the opportunity to of the public in the council. advise at an early stage that an application does I want to highlight a key quality control not make sense. The board must keep written measure. Some commentators have suggested records of the consultations and make these that delays in the delivery of infrastructure are records available with other documents per- caused more often by poorly prepared appli- taining to the planning application, such as the cations than by any flaws in the planning process. environmental impact statement. That should I have already mentioned Deputy Cuffe’s com- address some of the concerns expressed by ments on this, which are not far from my views. If Members when I first introduced the Bill. that is the case, the board will have the important Section 37D is a standard scoping provision power to throw out an application that is badly required under the EIA directive. It allows a pro- prepared or where an infrastructure provider has spective applicant to seek advice from the stra- ignored its advice on the project or the environ- tegic infrastructure division on the information to mental impact statement. Section 37F affords a be included in an environmental impact state- wide discretion to the board in the procedures it ment. This is a commonsense provision because, adopts in deciding these applications. if a person genuinely wants to put forward a com- The section also allows for a shift from the tra- plete environmental impact statement, he or she ditionally adversarial nature of the handling of should be able to ask An Bord Pleana´la whether disputes towards a more flexible conciliatory pro- sufficient information has been supplied. This cess whereby the board can hold meetings with aspect of the consultation process shall not preju- relevant stakeholders as it deems necessary. As dice the functions of the board in any way. we know, the adversarial approach can be Section 37E outlines the applications pro- resource intensive and time consuming, and I am cedure with regard to transparency and demo- confident the House will support me in my efforts cratic involvement. It requires, inter alia, that all to encourage mediation as a more desirable applications to the board must be accompanied approach. I have had the experience as a council- by an environmental impact statement and that lor when mediation was wanted but there was no applicants must publish notices of the proposed procedure to encourage people to use common development, make the application and environ- sense and listen to the views and concerns of mental impact statement publicly available and each side. invite submissions and observations to the board. The Board’s powers to grant or refuse per- In turn, the relevant planning authority must pre- missions for strategic infrastructure projects are pare and submit a report setting out its views on set down in section 37G. The early consultation the effects of the proposed development. process between the board and prospective appli- I am concerned that councillors, as the elected cants is intended to ensure that problems, for representatives of the people, have felt them- instance relating to a project’s environmental selves excluded from the planning process. They impact, can be identified at an early stage in the do not want to be included in a negative way, to overall consent process. This is especially interfere or use undue influence, but to have the important. As a result, I anticipate that relatively 403 Planning and Development (Strategic 24 May 2006. Infrastructure) Bill 2006: Second Stage 404

[Mr. Roche.] period between application and final decision will few applications will be formally rejected on such be reduced. I intend to do this by reducing two grounds at a late stage. If errors are dealt with stages in the planning process to a single stage early, it will lift a burden from the shoulders of and by ensuring that the quality of applications local communities and will mean a planning pro- and environmental impact statements submitted cess can go through without becoming sidelined is enhanced. I do not intend to abbreviate or into unnecessary areas. Where an applicant still compromise the deliberative processes gone wishes to pursue such a case to decision stage and through by the board in reaching its decision. where the board has already highlighted issues Therefore, in line with the standard period that that are potentially problematic, the board must applies to all board decisions, section 37J sets out deal with the project. It will be up to the appli- a statutory objective of 18 weeks in which a cants to take that risk. decision is to be made. Fine Gael moved a good As Ireland is growing so rapidly, we should motion in the Seanad and made a good argument have a process in all planning consent procedures for bringing this down from 18 weeks to 12. whereby communities that are hosts to develop- Although 12 weeks would not be practical to ment receive a community gain. This view is include all the other processes, I appreciated shared by Members across the House. I am that debate. pleased that the community gain concept has Section 4 amends the Planning and Develop- been bedded down as a practical way to mitigate ment Act 2000 by inserting new sections 182A to some of the effects of permissions for major 182E. As I mentioned, these sections provide new pieces of waste infrastructure. However, I have streamlined consent procedures for major elec- decided to take this a step further and avail of the tricity transmission lines and strategic gas infra- opportunity to formalise the process, which has structure development. Development appli- been happening on an informal basis in a number cations for electricity transmission that either of councils. Under the new consent procedures require completion of an EIS or will be situated the board will be given the power to attach con- in the operational area of more than one planning ditions to permissions requiring that developers authority require consent from the board. That provide a facility or service which the board con- clears up an area of confusion that has existed for siders a gain to the community being affected by years. Similarly, applications for the development the infrastructure project. If a community hosts a of strategic gas infrastructure for both upstream major piece of infrastructure, it should receive and downstream pipelines are now to be made to some additional community benefit. This under- the board directly. Notification procedures and lines our view of the necessity to balance national the decision-making roles of the board are similar or regional interests with local concerns. to those provided for under the new strategic con- However balance is a watchword. While we sent process under section 37E. must ensure that communities are not unduly A new seventh Schedule to the Planning and affected by such development, applicants must Development Act 2000 is being inserted under not be unfairly penalised when seeking to provide section 5 of the Bill. This Schedule lists the classes key infrastructural projects. The Bill therefore of infrastructure project to which the new consent also provides that the financial burden of such a process shall apply and which up to now would condition cannot be disproportionate to the have had to go through the two-stage planning benefits likely to accrue to the developer as a process. Such projects fall under the three main result of the permission being granted. Nobody headings of energy infrastructure, such as gas, oil would argue the case for a disproportionate and electricity installations, transport infrastruc- imposition. ture, including airports, rail lines and motorways, Once a decision has been taken by the board and environmental infrastructure, such as waste under section 37G, it must send copies of its or water treatment facilities. The Bill is upfront decision to the applicant, any relevant planning about what is include in the streamlined process. authority and any other persons who made sub- Nuclear energy installations are not included. I missions or observations on the application. This mention this for the benefit of Deputy Morgan notification must give reasons for the decision. who has been confused on this point. The costs incurred by the board in the decision- My remarks so far have served as a broad out- making process can be burdensome and run at an line of the new consent procedure to be executed average of approximately \15,000 per case. by the board. The criteria by which projects are Section 37H enables the board to recover its costs so defined are clearly set out. The Bill makes and those of relevant planning authorities clear that the means by which such projects are incurred in the decision-making process from the funded neither contributes to nor detracts from applicant. This is just and fair. The taxpayers the strategic importance of a major and needed should not carry all the burden. The proposer of project. If the board decides that a proposed the infrastructure should share the cost. development would be in the national interest, Timing is always of the essence and is key in then the means by which such projects are matching our infrastructural needs with delivery. funded, whether public, private or a combination It is an overall objective of this Bill that the of both, is of secondary importance. 405 Planning and Development (Strategic 24 May 2006. Infrastructure) Bill 2006: Second Stage 406

If the House will give me a little indulgence, I provisions relating to oral hearings so that the will make a few last important points. In section board may hold oral hearings under the new stra- 9 I make changes to the system to deal with rogue tegic consent procedure in addition to appeals developers. Deputy Gilmore has mentioned this and referrals as is currently the case. The Bill also on more than one occasion. The amendment to provides that the board is no longer bound by a section 35 of the Planning and Development Act requirement to hold a public inquiry but has 2000 shifts the burden of proof to the applicant absolute discretion on whether to hold an inquiry. and means the applicant will be required to apply To highlight the importance of coherent to the High Court to have a decision to refuse national and local development, the policies and permission overturned. objectives to which the board must have regard Section 12 replaces section 50 of the Planning in making decisions are being extended. At and Development Act 2000 with new sections 50 present the board must consider the policies and and 50A. These relate to judicial review pro- objectives of the Government, the Minister for cedures and make certain procedural changes to the Environment, Heritage and Local Govern- applications for judicial review of decisions made ment, planning authorities and any relevant by planning authorities to the board. I take our public authority. Under this Bill the board must obligations under the Aarhus Convention on have regard to the national interest, the national access to information, public participation, spatial strategy and any regional planning guide- decision making and access to justice in environ- lines in force. mental matters very seriously. Under section 25, three new sections are Currently, decisions by the board are subject to inserted into the Planning and Development Act judicial review by the courts. Environmental non- 2000. These provisions will permit the board to governmental organisations applying for judicial amend a previously granted decision, similar to review must prove that theirs is a substantial the power previously afforded to the Environ- interest in the matter concerned. The proposed mental Protection Agency for licences. Errors change will mean that NGOs that fulfil certain have occurred in planning decisions, sometimes conditions need not prove substantial interest typing errors, and there is no process to correct although they must still establish substantial them. grounds for any challenge. By allowing such con- The need to submit an environmental impact cerned groups access to the courts in appropriate statement for environmentally significant changes cases we are again reinforcing the democratic and issue public notices for consultation will process as well as ensuring that our Aarhus obli- remain. The objective is not to bypass the consul- gations continue to be fulfilled. tation stage but rather to streamline the process. I referred to the importance of Transport 21 Mr. O’Dowd: Partly. and its potential impact on national competitiveness. The transport network in the greater Mr. Roche: I am acutely aware of the impact Dublin area will be transformed in the coming of delays in the judicial process on the delivery decade and the two proposed metro lines rep- of infrastructure. l welcome the initiative being resent a major element in that transformation. In introduced in the High Court to improve the section 37 I have taken the opportunity to act on management and prioritisation of these cases and the recommendation of the Oireachtas all-party the designation of specific judges to manage the committee report on private property concerning process. This initiative will achieve a similarly the acquisition of substrata lands. The Acquis- positive effect to that of the new commercial div- ition of Land (Assessment of Compensation) Act ision of the High Court. 1919 is therefore being amended by the insertion The proposed new structure and functions of of an additional compensation rule. the board are provided for in sections 14 to 19, As well as streamlining the strategic consent inclusive. These changes will include the estab- process the Bill will also make the process more lishment of a dedicated strategic infrastructure coherent across different classes of infrastructure division that will deal with applications under the by enabling the board to serve as a one-stop-shop new strategic consent process. The chairperson for applications for developments that require and deputy chairperson will be given new duties compulsory purchases of land. The decision-mak- to ensure that the work of the new division is ing process for railway lines and metros was, carried out expeditiously. under the Transport (Railway Infrastructure) Act Section 20 ensures that applications made 2001, the responsibility of the Minister for Trans- directly to the board under the strategic consent port. In section 38 I am bringing this process process are brought within the provisions of within the new strategic consent remit of the section 125 of the Planning and Development Act board, including the Minister’s compulsory pur- 2000. Sections 134 and 135 of the Planning and chase order powers. Development Act 2000, which deal with pro- Our national, regional and local infrastructure cedural matters relating to oral hearings, are forms the matrix through which we live our lives. being amended under sections 21 and 22 of the The way we earn a living, the way we travel, the Bill. Section 21 allows for the expansion of the energy sources we use and the means by which 407 Planning and Development (Strategic 24 May 2006. Infrastructure) Bill 2006: Second Stage 408

[Mr. Roche.] lead to litigation and a loss of public confidence we dispose of our waste are all defined by the in the planning process. In preparing my contri- quality of the services available to us. There are bution I have consulted what has been published major challenges ahead but the range of measures in the media, pages from www.google.ie and pap- in place at national, regional and local level will ers from a seminar in University College Cork enable us to meet these challenges. This Bill is concerning this Bill. The papers are most worth- designed to sustain the concerted efforts of the while and many points raised are incorporated Government to address gaps that exist in our stra- into my contribution. tegic infrastructure. These ambitions are shared I do not object to the extra time the Minister by Members across the political spectrum. I look was granted. A Bill like this needs real input forward to a positive and constructive debate on across the board and from the entire community. the Bill and I commend it to the House. There is a lack of resources in Leins- 1 o’clock ter House. While the Minister has his Mr. O’Dowd: This Bill has been produced after Department to inform him, we are the proposals were before the Cabinet for three dependent on the Internet. We need better input or four years. We heard that the Bill was immi- into legislation such as this, particularly from the nent and that the new strategic infrastructure universities and the Law Society of Ireland. I board was about to be announced in 2003, but challenge the Government to address such issues. both disappeared. There are internal divisions Lawyers in particular will benefit greatly from within the Cabinet and, while the members con- what we pass, but we need a direct information sulted and fought among themselves, they did not line from the legal profession and right across the put the heads of the Bill out to public consul- board into Da´il E´ ireann. They must submit tation. Unlike the Planning and Development recommendations on Bills in a non-political pro- Act 2000, a more effective Act, no consultation cess. That would inform debate since neither the or review took place. We were aware of the date Minister nor I has the collective wisdom of the for Committee Stage before the date for Second country, lawyers or planners, particularly regard- Stage had been set, and I am concerned that this ing the legal process. We need that and I have debate may be truncated tomorrow in favour of incorporated it as best I can. some other Bill. I will oppose a proposal to the At the core of the debate are the competing effect that this debate on Second Stage will not perspectives of local versus national and individ- continue after 1.30 p.m. tomorrow. ual versus collective, and of economic growth versus environmental protection. We must get the Mr. Roche: Deputy O’Dowd need not worry. balance right this time and in Fine Gael’s view each application for such development must be Mr. O’Dowd: The Minister had extra time; now accompanied not only by an environmental it is my time. This is one of the most important impact statement but by detailed economic and Bills to be debated in this House. It will have serious, far-reaching effects and we should give it social analysis outlining the clear need for the proper consideration. My colleagues on this side proposals. We will table amendments to that of the House, representing the relevant port- effect. folios, will respond in this debate. It is something The new legislation in particular must not be of an exaggeration to state that Ireland is a First used by private developers to fast-track contro- World economy with Third World infrastructure. versial, profit-driven projects. No one will argue Our buses are overcrowded, our roads are with such projects as the Dublin metro and the clogged and our trains are non-existent. There is western rail corridor using the new process, but a sense that nothing works and that this Govern- we are very concerned that controversial projects ment is not working for the citizens. such as shopping centres and office blocks that The ordinary commuter often has 12-hour are profit-driven as opposed to being for the days. Many children never see parents during the public good might use this legislation. One issue week, except for fleeting moments early in the in this regard is that the Bill proposes that a morning or late at night. Our road network is not regional, almost local, issue may go before An progressing quickly enough. We have appalling Bord Pleana´la, even if it affects only two adjoin- broadband penetration in many areas of the ing local authorities. country, hampering businesses and inconvenienc- I have no problem with the major projects, and ing householders. Fine Gael believes in real qual- I will not be misunderstood on that, but I will not ity of life gains. It wants a metro in Dublin, a rail support the fast-tracking of profit-oriented pro- link to the airport, an end to hospital waiting lists, jects against the public interest. That is the core an end to social housing waiting lists, a motorway of the Bill and the debate that we must have. Fine network that works and a public transport net- Gael said in its policy formulated last November work that leads to fewer journeys by car. that we want the Government to take a leaf from Fine Gael welcomes this Bill in principle but is its Dutch counterpart, deciding at national level concerned by some proposed changes, especially in strategic planning those regions in which large new powers the Minister is granting to An Bord infrastructure projects must be situated and invit- Pleana´la which are counter-productive and will ing public expressions of opinion before instigat- 409 Planning and Development (Strategic 24 May 2006. Infrastructure) Bill 2006: Second Stage 410 ing a swift and effective planning process. That introduce a new division to the High Court. Does way, the process would be characterised by trans- it require new legislation? parency regarding the Government’s intentions, fairness concerning the perspectives that the Mr. Roche: No. regions and communities express and effectiveness in deciding where projects go. Mr. O’Dowd: Very well. Perhaps the Minister We do not want a continuation of the current has seen the statement from the president of the process. On waste management, communities High Court describing exactly what he will do, which never listed for such projects in the although I have not. It is very important, and I regional plans must suddenly fight and target the accept that it will be addressed. issues. The Minister for Justice, Equality and Law A review of the board’s decisions on appli- Reform, Deputy McDowell, and the Minister for cations has shown that it does a damn good job. Enterprise, Trade and Employment, Deputy Current delays stem from poor project design and Martin, have had that problem regarding inciner- management and other technical difficulties, the ators, as have I. Prison sites, motorways and Dublin Port tunnel and the Luas being examples. power stations are also controversial at local Delays in such projects as the Corrib gas field and level. We must have total clarity and honesty the completion of the final stage of the M50 since we will bring greater integrity to the process related to the National Monuments Act 1930. by planning from the top down. Other aspects of delay are not connected with Strategic infrastructure projects merit a fast- this issue but with the fragmented nature of the track planning process, but only where the broad planning process, the role of the courts and wider location and principle of the infrastructure in questions. For instance, I might apply for my pro- question have been considered and included in ject’s designation as critical infrastructure but the national spatial strategy, which we must then have to go through other, separate pro- rewrite, as many significant players in the plan- cedures. I would have to secure a waste manage- ning process, including, I believe, the head of the ment licence under the Waste Management Act Irish Planning Institute, have said. The country 1996, an integrated pollution prevention and con- has changed since the plan was adopted and the trol licence, a compulsory purchase order, a Government has totally messed things up regard- licence under the National Monuments Act 1930 ing decentralisation, which is a mockery. We must and so on. revisit and rewrite the strategy, inserting critical The Minister has missed the opportunity to put infrastructure projects and identifying where in the ideas in this Bill out to public consultation the regions they will be to allow proper and effec- and discussion, which would have allowed him to tive planning. benefit from those views. In the Bill, he has no Fine Gael will also include the fast-tracking of other way of dealing with the other significant urgent care medical centres in this Bill. It allows delays caused in the planning process. When this for social infrastructure to be covered. We believe Bill has been passed, they will still be there. His that medical social infrastructure is urgently response is therefore one-dimensional and inad- needed and absolutely essential, something that equate. It is not comprehensive and does not con- our health spokesperson will address. The Bill sider the entire system. introduces fundamental changes to the Irish plan- One of the key criticisms of the Bill relate to ning system that will have a profound impact on discussions between An Bord Pleana´la and appli- everyone, including local authorities, developers cants. An Bord Pleana´la is being fundamentally and, not least, the public. It will radically alter the and radically changed regarding how it considers nature, functions and composition of An Bord such issues. I support the Minister’s view that Pleana´la. As I said, I support the principle, pro- local democracy and the opinions of local auth- vided that it does not have an adverse impact on ority members are not being compromised in this the quality of assessment of such developments Bill; I agree that they are being enhanced. For or the degree of public participation in the the first time, the manager is required to send a development consent process. report to An Bord Pleana´la in which he must People say that the Bill is necessary for plan- mention elected members’ decisions by resol- ning, but that process works very effectively, ution. I am a little concerned at the phrase “by despite delays at local authority stage. The reality resolution”, since if 51% of councillors are in fav- is, as An Bord Pleana´la shows in its reports, that our and 49% against, they may resolve that they it has been very effective and efficient in dealing are in favour. We can discuss on Committee with the planning process. The weakness in the Stage whether, if people are opposed to a project, Minister’s Bill is that he deals only with the land they should be able to have their reasons strategy rather than with those issues causing the recorded in the minutes of the council as at real delay. I accept and appreciate what he has present. said regarding what the High Court will do. I am Different views will be represented on local a member of the Opposition rather than a Mini- authorities and it is important that all of them, ster, and I see no Bill before me from the Mini- disparate, distinct and contradictory, go to An ster for Justice, Equality and Law Reform to Bord Pleana´la. I accept the principle that there 411 Planning and Development (Strategic 24 May 2006. Infrastructure) Bill 2006: Second Stage 412

[Mr. O’Dowd.] It appears there is no specific right for an appli- has been no diminution and all major infrastruc- cant or an objector to request a meeting with the ture projects ultimately go to An Bord Pleana´la board but there is nothing in the Bill to prevent in any case. Having a one-stop shop is a good that from happening nor, as I pointed out, does idea in principle, provided that we examine the it appear the board must hold a meeting with problems that I envisage. The pre-planning dis- objectors even if it has one with the applicant. cussions are fine since they happen already and That is the key issue. With all its faults, the cur- are recorded in writing so that anyone can find rent process is transparent, open and consistent. out who was present, what happened, what was One makes one’s case at the oral hearing, as does said, and our current position. Those discussions the other side, and the inspector and board make are mandatory rather than optional as in the decisions. That is a better system. We propose to 2000 Bill. table amendments to remove those extra powers The board is being accorded wide latitude to An Bord Pleana´la. regarding whether the development, if carried As it stands, the system operates to maintain out, would fall within the scope of the Act, the professional distance between the applicant and procedures involved in making and considering a the decision-maker. However, the decision-maker planning application and considerations relating will be compromised by becoming too closely to proper planning and sustainable development engaged with the applicant during the course of which might have a bearing on its decision on the what the Minister proposes. The provision seems application. It is clear the wording gives the board to envisage a degree of negotiation between the very broad latitude in terms of the nature of the applicant and the board to be conducted at such advice it may furnish to prospective applicants. meetings. This process will occur in private and it The manner in which the board will exercise its appears in the absence of objectors and third par- options in giving this advice remains to be seen. ties. If the board, on a routine basis, exercises its It is evident developers will welcome the intro- power to hold meetings with developers during duction of this provision. However, others will the course of applications, this will lead to it being see it as ingraining inherent pro-development identified too closely with developers and will bias into the planning application and further operate to undermine its independence. undermining the credibility of the board as a neu- The provision also operates to emasculate the tral and independent body. The board is required public oral hearing process which permits the to keep a record. The kernel of the issue is how board, through its inspector, to engage pro- the board will be viewed by members of the actively with the developer and all interested par- public who might be opposed to this. ties in regard to all aspects of the development. It appears the board, more or less, has an The provision is unnecessary in the light of the executive authority or power to intervene in this express powers to seek further information dur- whole process. Let us say the Minister is for the ing the course of the application procedure and incinerator in Wicklow and the Green Party and the extensive powers of the inspector conducting Deputy Timmins are against it. The danger in any subsequent oral hearing. that process is that while the board has the option Further, one would have to question the wis- to meet the developer and the objector and must dom of empowering the board to intervene in dis- record what is said, there is no obligation on it to putes between an applicant for planning per- meet the developer if it meets the objector or vice mission and third party objectors. This aspect of versa. For transparency and openness in the pro- the Bill appears to involve the board engaging in cess, there must be equality of treatment before a quasi-mediation role. Development consent not the board. If the board decides to meet the sup- dispute resolution is the proper function of the porter of a plan, it must meet the objector. Tra- board. That bears much thought and it is what ditionally, that happened through the oral hear- the board has been doing up to now and which it ing. However, this provision goes beyond the oral should continue to do. By empowering the board hearing and gives new authority to the board with this function, one is inviting it and placing which it should not welcome and should not have. pressure on it to become involved in conflicts When an issue goes to the board there should between developers, objectors and local com- be transparency and openness in respect of all its munities. meetings. I have no problem with the pre-plan- At present the board is under a general obli- ning process and I see the advantages of meeting gation to have regard to the policy and objectives the developer, submitting the plans properly and of Government, a State authority and other ensuring the project is not delayed. However, public authorities and cannot ignore them. This objectors and applicants should be treated provision has proved significant in appeal out- equally and the oral hearing has ensured that up comes in waste management, in particular. Now to now. It would bring the board into disrepute if the board must have regard to them in making its it had private meetings with developers, which decision and also to national interest and any may be minuted, but not with objectors. There effect its decision may have on issues of strategic, will be many objectors to this provision. That is economic or social importance to the State. the core of the criticism. However, by requiring the board to have regard 413 Planning and Development (Strategic 24 May 2006. Infrastructure) Bill 2006: Second Stage 414 to such broad and general policy objectives as the terms of education, awareness of the law etc. “national interest”, the Bill will provide further There is certainly an argument for that. ammunition for those who argue that it lacks In balancing the competing rights in the Bill, independence and is merely a tool of Govern- the Minister is wrong to insist that courts order ment and developers, a point of view expressed one to give an undertaking as to damages. If one strongly. takes an action in the public good and does not The Minister addressed the question of a have to give that undertaking, or is not asked to judicial review. In one way, he is making it easier do so in certain circumstances, the judge can to apply for a judicial review and the application request one to do that, but the Minister is making can be ex parte — in other words, one can seek it mandatory which is bad. an injunction straight away. At present it is on An bhfuil mo´ rań ama fa´gtha agam? notice only. That is constructive. One of the key battles is to balance the need of a modern econ- Acting Chairman (Mr. Glennon): Se´ no´ imeád. omy to develop and infrastructure with the need to give greater rights to the public, NGOs and to Mr. Roche: I am quite prepared to allow some properly constituted environmental groups. Mak- latitude because the Deputy was helpful to me. ing it easier to apply for a judicial review is one way to do that. However, the Bill precludes the Mr. O’Dowd: This is the most important Bill to come before the Daíl this year, particularly in right, which currently exists, for any person terms of planning development. What will hap- involved in the planning process to go to the High pen in the communities in north County Dublin, Court on a point of law. An individual can only where there is a serious problem, and in Wicklow, go to court under a judicial review. That narrows Drogheda and all around the country which must the options. face these issues? The only way to face them is I also take exception to the following issue at by putting the argument here and on Committee which I ask the Minister to look again. The Bill Stage to make the Bill fair and equitable. While makes it a statutory requirement for the courts to we allow and accept the principle of the Bill, it is ask for a damages undertaking from applicants. not balanced. In 1987 I, along with other people, went to court In his speech to the Seanad the Minister spoke under the planning legislation when the local of giving a scholarship, or something of that kind, authority refused to act following the illegal as a form of community gain. Community gain is demolition of Drogheda Grammar School in the part of Fine Gael policy and I am delighted that middle of the night. If we had been asked to give the Minister read our policy document and undertakings as to damages, we could never have included that idea in the Bill. He obviously did so gone to court and the developer who knocked because we published our document long before down one of the most historic buildings in the the Minister published this Bill. He has not men- country would have got away with it. As a result tioned this in his speech to this House. A scholar- of our High Court action, we were successful in ship is far too little. On the one hand, the Mini- getting the building rebuilt. When the Minister ster says there will be community gain but, on visits Drogheda shortly, he should go to see the the other hand, he says it cannot be much. The building. The only reason the building is there is Minister does not set out what the community because of our High Court action. The only gain will be from this multi-million euro expendi- reason we took that action was because we ture, and I am not saying he should, but there believed in the justice, honesty and integrity of should be some weighting. While the principle as our case. Currently the courts have the right to stated in the Bill is good, it does not go far ask the objector to give an undertaking as to enough. We ought to work together, on all sides damages if he or she loses the case. The Minister of the House, to ensure substantial but not pro- is now making it mandatory for a court to ask for hibitive community gain. an undertaking as to damages. That will have a The Bill endows An Bord Pleana´la with that very negative impact on communities with power as part of the conditions of planning. The genuine convictions about their issues which are board ought to be required to consult the local based on broad support and real arguments. The authority which, in turn, should consult the Bill will negate that. people in the area. This will not be as easy as one On the one hand, one can take a judicial review might like it to be but the views of the community but on the other, one will need millions of euro on what form the community gain ought to take, to be able to give an undertaking as to damages. as expressed to the local authority, should be I have no problem hammering those people who expressed in some form to An Bord Pleana´la, want to re-route roads and initiate legal cases and which will decide on it. While the Minister have no problem asking them to cough up money. presents this idea in the Bill there is no clarity on I know I am being subjective but I do not believe its extent. If I was in An Bord Pleana´la I would they have a sustainable argument. The way it say a scholarship is nothing compared to com- must go now will mean environmental NGOs will munity gain. take these actions. In light of this Bill, it is incum- Community gain should include recreational bent on the Minister to better fund NGOs in amenities and An Bord Pleana´la should be 415 Priority 24 May 2006. Questions 416

[Mr. O’Dowd.] gas pipelines, wind farms, electricity pylons, air- required to consult county councils on those ports, sea ports, railway stations and many similar needs in their areas. I would not leave it only to projects. All are contained in the new Schedule 7 the county councils, however, because that might to the Planning Act. There will be no right of be the manager’s or chairman’s pet project. appeal on these projects because they will go to Proper and real exchange of need and views An Bord Pleana´la in the first place. across the board would make a significant The right to appeal to the board, as we have difference. traditionally known it, for these projects is being The Bill covers to some extent how the Mini- abolished. The right of the public to object is ster will define NGOs by regulation but he has being diminished and the local authority is effec- the power to add to that definition. They must tively being carved out of the process. The Mini- exist for 12 months, have a wide membership and ster spoke about the involvement of elected coun- be genuine. This will eventually include organis- cillors. This is a sham. Their involvement, as ations such as An Taisce, not that I have a prob- proposed by the Minister, is nothing more than lem with that. If something new is proposed and allowing them to make a recommendation. It is a group is formed it cannot be recognised as an no more than they can do at planning meetings NGO because it has not existed for 12 months. In of their local authorities where they can express other words, I would like further reflection on an opinion on a planning application but have no this on Committee Stage when the Minister might real say in the executive decision on whether per- itemise what additions or qualifications he mission is to be granted. intends to add to the definition of NGOs which The right to go to the courts is being limited. would gain this recognition under the terms of An Bord Pleana´la will be able retrospectively to the Aarhus Convention. This would be useful rewrite a planning permission after the per- and informative. mission has been granted under section 25. On As a modern society and economy we need real page 18 the Bill states that the Minister can tell change and we need to balance it. While I am An Bord Pleana´la which planning applications convinced of the principle the substance is not should receive priority. The role of An Bord right. I am not happy with the new role for An Pleana´la is being fundamentally changed from its Bord Pleana´la, or that there is sufficient equality original and essential role as a planning appeals before the board between the applicant and the board to a planning authority of first instance. objector, who are entitled to equal treatment, or There will be no planning appeals system for the restrictions on the judicial review process in major projects covered by the Bill. respect of who can apply for it and when an NGO may or may not do so. I look forward to the Com- Debate adjourned. mittee Stage debate on this. I am concerned that the Minister may rush this Sitting suspended at 1.30 p.m. and resumed at Bill through. Committee Stage is scheduled for 13 2.30 p.m. June and while that is not too soon, I wish to ensure that the Minister does not guillotine our Ceisteanna — Questions (Resumed). amendments. Constructive and productive work will depend on full and adequate debate on these Priority Questions. issues. Other Ministers have guillotined pages of amendments which have never been discussed. ———— We will kick up one hell of a row if we do not have proper discussion on Committee Stage of all Middle East Peace Process. our amendments because that will be critical to the future of this Bill. We approach it in a spirit 55. Mr. Allen asked the Minister for Foreign of agreement but with a desire to get it right. We Affairs the level of funding now being allocated are prepared to put in the time that is required to the Palestinian Authority from the European on Committee Stage and I ask that the Minister Union and by Ireland; the level of funding which leave that Stage completely open. We will work was in place at the start of 2006; and if he will on it. We are not here to delay the Bill but to make a statement on the matter. [19807/06] ensure it is right. 59. Mr. F. McGrath asked the Minister for Mr. Gilmore: This Bill will fundamentally Foreign Affairs when he will raise the plight of change our country’s planning laws, not necess- the Palestinian people within the European arily for the better. Under section 3 of the Bill, Union and United Nations; and if he will act as a if passed, major construction projects, including peace broker in the current difficult climate. private ones, can be built without having to go [19806/06] through the normal planning process as we know it. These projects include waste incinerators, Minister of State at the Department of Foreign chemical treatment plants, major landfills, oil Affairs (Mr. Treacy): I propose to take Questions refineries, large oil and gas storage tanks, oil and Nos. 55 and 59 together. 417 Priority 24 May 2006. Questions 418

The Government shares the concerns basic rules of the peace process. However, the expressed about the increasingly difficult circum- Palestinian people should not have to face a stances facing the Palestinian people. We have humanitarian crisis because of the reluctance of been consistently active within the European Hamas to meet its new responsibilities. The Union and United Nations in promoting a lasting, European Union is committed to continuing peaceful and just settlement of the Israeli- necessary assistance to meet the basic needs of Palestinian conflict. This must be based on nego- the Palestinian population, and Ireland has tiations between the parties leading to a viable argued strongly for the widest possible definition two-State solution. Within the Union, we advo- of those needs. cate a policy approach aimed at ensuring that the The EU has now undertaken the urgent task of Union remains fully engaged in the process, with developing a temporary international mechanism a clear and balanced message for the parties. to channel assistance directly to the Palestinian We believe the Israeli Government and people. As a matter of priority, it will aim to Palestinian Authority must face up to their obli- provide for basic needs, including health services. gations under the roadmap, and under inter- It will be essential that all international donors national law. The Irish Government has con- co-operate to ensure the effectiveness of these tinued to raise directly with the Israeli authorities new structures. The European Union has also its concerns over the humanitarian and economic called on Israel to take action to resume the impact of policies and activities in the occupied transfer of withheld Palestinian tax and customs territories. The European Union has consistently revenues, which will be essential in averting a urged the Israeli Government to end all activities crisis in the occupied territories. in the occupied territories that are contrary to The Irish Government is committed to main- international law and that threaten the viability of taining the level of Ireland’s bilateral assistance a solution based on the coexistence of two States. to the Palestinians, which amounted to more than \ \ Following the democratic Palestinian elections 4 million in 2005. Already this year, 1.5 million in January, the European Union and the Quartet has been allocated for humanitarian assistance have also made it clear that the new Hamas through the United Nations Relief and Works Government of the Palestinian Authority must Agency for Palestinian Refugees in the Near East commit to the peace process. It must renounce and further allocations will be make in the near violence, recognise Israel’s right to exist and future. adhere to agreements already negotiated by the authority and the PLO. Since April, the Euro- Mr. Allen: The Minister of State said in his pean Union has been reviewing its assistance response that he is concerned about the problems against the Palestinian Government’s commit- in Palestine arising from the cut in aid, yet he stated that \126 million will be taken from the ment to these principles. EU aid package in 2006, some of which sum has The European Union has been the strongest already been taken. I have tried to establish the supporter of the Palestinian people inter- facts with the Minister on a few occasions, both nationally and it is also the largest donor. For the in the House on Europe Day and subsequently at past five years, overall assistance, including bilat- a meeting of the Oireachtas Committee on Euro- eral assistance from member states, has averaged pean Affairs. What exactly was Ireland’s role in some \500 million annually. This has covered the appalling decision to cut the aid for the humanitarian assistance and support for Palestinian Authority? This move has strength- Palestinian institutions, NGOs and civil society, ened the hands of the extremists in Palestine and as well as contributions to the UN and other has weakened considerably the reasonable voices international organisations. Funding from this that were beginning to emerge within the overall sum, which is administered by the Euro- Hamas movement. pean Commission, has amounted to an average of \ 250 million annually. In February, the Council Mr. M. Higgins: That is right. approved the urgent release by the Commission \ of 121 million in humanitarian assistance to the Mr. Allen: In the interest of justice and Palestinians. In early April, the Commission tem- parliamentary transparency, will the Minister of porarily suspended direct assistance to the State tell us Ireland’s role in that appalling Palestinian Authority and it estimates that this decision? He should not hide behind the cloak could affect up to \126 million of projected of consensus. expenditure for 2006. The Irish Government regrets that Hamas has Mr. F. McGrath: Hear, hear. not yet demonstrated any significant movement towards acceptance of the peace process. While Mr. Allen: Ireland must have given an opinion we understand the difficulty of the transition it at a meeting of the Council of Ministers. What is must now make, it would be unreasonable to its position on the short-sighted, cruel, counter- expect the European Union to continue its capa- productive decision made by the Council of Mini- city-building support for the Palestinian Govern- sters? No slick talk or crocodile tears will hide ment irrespective of its willingness to respect the the facts. 419 Priority 24 May 2006. Questions 420

[Mr. Allen.] We have recently seen the \121 million in aid. The Minister of State, Deputy Conor Lenihan, Will the Minister of State push this further? should not laugh when I am talking about a Surely the idea of political exclusion, in all con- serious issue. flicts around the world, will not work in this case. While he talks about suspension of funds, he Mr. C. Lenihan: We had three answers on this should keep in mind that political exclusion for a already. people and a nation will not work in any conflict resolution process. Will the Minister of State say An Leas-Cheann Comhairle: Order, please. how much humanitarian aid Ireland has given in 2006 and update the House on these allocations? Mr. Allen: No amount of crocodile tears will I ask the Minister of State, Deputy Treacy and hide the fact that the decision damaged the his colleague, the Minister of State, Deputy reasonable voices within the Hamas movement Conor Lenihan, to support the rights of the and the people of the Palestinian territories and Palestinian people on the international stage, at ignored totally the awful acts being perpetrated EU and United Nations levels, and to give them on them by the Israeli Government. maximum support and assistance, while acting as peacebroker with those states that seem to be Mr. Treacy: I do not understand where Deputy hostile to the Palestinian people. Allen is coming from. Ireland’s position on this matter has been very even-handed, fair and open Mr. Treacy: Ireland has acted as an honest at Government level, ministerial level within the broker at all levels, internationally within the UN Council and official level through our ambassa- and with our colleagues in the European Union. dors and official negotiators. We want to ensure Ireland is recognised as one of the champions of that there is fairness and equity and that both this whole situation in trying to bring about fair- sides recognise and have mutual respect for each ness, equity and respect for everybody’s position other. to achieve a two-state solution. We have fought Through our work, we want to ensure that trenchantly to ensure, at all levels, that the 1967 human rights, law and order and democracy pre- territorial position is accepted and recognised and vail, that the Hamas Government is recognised that the Palestinian people are given that option. and that it in turn commits itself to total peace. There is now a change of Government, as has On this basis, the European Commission recom- been said, and we recognise that. We accept the mended, after the change of Government and wisdom of the international community, including Hamas’s coming to power, that there be a suspen- that of the European Union, that it is critically sion of funds until such time as Hamas recognises important for the new Government to commit its responsibilities and commits itself to the peace itself to the peace process. process. This does not mean the funding has been As late as yesterday, the High Representative terminated — it has been suspended. of the Palestinian people in this country thanked If agreement is not reached, there could be a the Government publicly for its contribution. \ loss of 126 million this year. However, Ireland Ireland is one of only two member states in the has been one of the top two champions of the European Union which commits, domestically, Palestinian people, the two-State solution and the each year to support Palestinian missions here, as commitment to bring peace to the region. We does Finland. In addition, we provided \4 million have worked and continue to work to ensure the in humanitarian aid last year and there is a similar existence of a new international channel to allow commitment this year. We are working assidu- the funds to be directed to those who need them, ously to find a funnel, a channel, an opportunity, namely, the Palestinian people. We are working a vehicle that is very structured and that guaran- on this very hard. tees the transfer of resources from the Union The High Representative for the Common directly to the Palestinian people. That is not sim- Foreign and Security Policy, Javier Solana, is in ple, it is complex and it has to be done on a clear, negotiations with all the different parties on transparent basis, protecting the donor’s position, behalf of the European Union. We fully support supporting humanitarian requirements and ulti- him and have made our position quite clear. We mately ensuring that it achieves the political will continue to support the Palestinian people impact that is critical to the future of the entire and want to ensure that humanitarian aid is deliv- region. ered to them as rapidly as possible. Nuclear Disarmament Initiative. Mr. F. McGrath: Following the recent Palestinian elections, which were open and demo- 56. Mr. M. Higgins asked the Minister for cratic, does the Minister of State agree there Foreign Affairs the position Ireland proposes to appears to be a complete sea-change in the atti- take as a member of the nuclear suppliers group tude of the European Union? in relation to the implementation of the recent I ask the Minister of State to ensure the EU proposed US agreement with India on nuclear continues to supply the necessary assistance to capacity; and his views on the implications of this meet the basic needs of the Palestinian people. proposal for the future of the nuclear non-pro- 421 Priority 24 May 2006. Questions 422 liferation treaty and the perceived inconsistency The US-India agreement certainly adds a between this proposal and the US and European further complication of discussion on the Iranian Union response to recent events in Iran. nuclear programme. At the same time, the two [19803/06] situations are distinct. Iran is a member of the NPT which has repeatedly failed to comply with Mr. Treacy: The 45 participating countries of its safeguards obligations and to take the steps the nuclear suppliers group, NSG, including required of it by the IAEA and the UN Security Ireland, have agreed guidelines governing the Council. export of items that are specially designed or prepared for nuclear use and for nuclear related Mr. M. Higgins: The Minister of State is some- dual-use items and technologies. Under these body for whom I have respect so what I have to guidelines the export of such items to India is say is in no sense personal. However, this is an prohibited. The US-India agreement on civil entirely misleading presentation not the situation. nuclear co-operation was reached on 2 March On Friday, there will be a meeting in Rio of the 2006 between President Bush and Prime Minister nuclear suppliers group, otherwise known since Singh during the former’s visit to India. Under 1977 as the Club of London. Ireland will be called the agreement, India has agreed, inter alia,to upon to make up its mind. It will have an oppor- identify and separate civilian and military nuclear tunity at that meeting, because decisions are facilities and programmes and to file a declar- taken by way of consensus, to block this ation regarding its civilian facilities with the Inter- agreement. national Atomic Energy Agency, IAEA. India From what the Minister of State has just said, has agreed to classify 14 of its 22 nuclear power I put it to him that he is proposing to agree to reactors as civilian facilities and voluntarily to allow India the same regime as the existing five place these under IAEA safeguards. nuclear powers, France, Britain, China, the We are currently analysing the details of the United States and Russia. These five nuclear agreement both within the European Union and powers have a regime which allows them to nom- bilaterally with like-minded countries. The agree- inate certain installations for examination. This is ment is a complex one on which we have yet to precisely what is on offer to India and it is a stab reach a final considered judgment. We wish to in the back for the NPT, which the Minister of assess carefully all its elements and all its wider State correctly describes as one of the most implications. Within the NSG, in particular, it will important treaties and which should be aimed at be important for Ireland to act in concert with universalisation. like-minded partners. I put it to the Minister of State that what is on There have been expressions of support from offer from India is not membership of the NPT. some countries and the Director General of the Will the Minister of State not agree that India IAEA, Dr. El Baradei, has also welcomed the does not accept the disciplines of the NPT? deal. Ireland, as a member of the Club of London, We have genuine concerns about what is envis- where decisions are taken by consensus, is aged. For Ireland, the Treaty on the Non-Pro- required to vote. Where decisions, which Ireland liferation of Nuclear Weapons, NPT, remains the can block, are taken by consensus, the disciplines cornerstone of the global non-proliferation are called full scope safeguards. I put it to the regime. The treaty is the most universal of all the Minister of State, then, that to allow the agree- international instruments in the field of disarmament to come into being is the greatest destruc- ment and non-proliferation and we will continue tion of the NPT that could possibly happen. I also to press for the universalisation of the NPT and put it to him that it is gross hypocrisy to say that for India’s accession to it without conditions. In Iran has departed from the safeguard disciplines official level discussion, we have been active in when Ireland is about to allow a country with no raising many of the difficult questions to which membership of the NPT and no requirement of the agreement gives rise. any discipline whatsoever to agree something that Before the US-India agreement can be is much lesser. implemented, the US Congress will have to What Dr. El Baradei has agreed to is not the approve an amendment to US law. The Bush principle of the agreement, but the concession Administration has recently submitted such a that has been offered to India, which will allow it proposal and hearings in Congress on the matter to join the five nuclear powers with the same are under way. The hearings in the House of Rep- loose arrangement, little less than that. It is a resentatives and the Senate will provide further scandalous contradiction of the position taken by opportunity for additional clarification which will Ireland in New York at the New Agenda, when assist our analysis. It would be preferable to await it is widely recognised to be one of the author the outcome of deliberations in the US Congress countries of the NPT. To allow a new country to before taking a final decision within the NSG. join five others which have not observed the dis- Moreover, the approaches taken by a range of ciplines of Article 6, to become a new threat, next key international partners will also be crucial in door to Pakistan, will be the single biggest determining the NSG’s course of action. betrayal of the NPT. To suggest that the NPT can 423 Priority 24 May 2006. Questions 424

[Mr. M. Higgins.] Mr. M. Higgins: No, in two days’ time. survive after this is quite ridiculous and scandalous. I repeat that the meeting is on Friday, 26 Mr. Treacy: We have been told next week. This May, in two days’ time. To suggest that it is under matter was discussed twice within the NSG, in consideration is misleading this House. By now October and March — I understand there is an the Minister of State should know what he should international meeting on the issue in London do — I know what the Irish people would want today — when delegations raised several ques- him to do. tions and concerns. It is clear that in Brazil there will be another discussion of the US proposal to Mr. Treacy: Alas, I never intended, nor would exempt India from the NSG guidelines. Our cur- I ever attempt, to mislead this House. I will give rent sense is that delegations are unlikely to be in the House the facts as they are. As this matter a position to make a decision. It will not be pos- evolves there is still a long lead-in time before sible. Some made clear in previous discussions we reach—— that they wished to await the outcome of the ongoing deliberations in the US Congress before Mr. M. Higgins: Two days. deciding within the NSG. That is also our preference. We await that debate. There is no guaran- Mr. Treacy: No, that is presumption. There is tee that this will get a conclusion—— still a long lead-in time in this situation. Mr. M. Higgins: Why must we await the US Mr. M. Higgins: How will the Minister of State debate? Can the Minister of State not make up vote at the meeting? Will he refuse to deliver at his mind? Is he in favour of the Indian exception? the Rio meeting on Friday? That is a straight question. Mr. Treacy: We are clear on our position. We fully support the non-proliferation treaty and will Mr. Treacy: I did not interrupt the Deputy. As continue to do so. Our preference is to await the I made clear, this is a complex matter which we legislative conclusions. If they do not arise, this are still analysing. Many aspects of it demand does not arise. We cannot pre-empt the outcome serious and rigorous analysis and not all the of the legislative debate. details of what precisely is involved are clear. Mr. M. Higgins: The Minister of State could Mr. M. Higgins: That is clear. handle the legislative debate by saying he is not in favour of the exception. Mr. Treacy: This is the case, for example, with regard to the safeguards agreement that India has Mr. Treacy: There is also a possibility of seek- yet to negotiate with the International Atomic ing an extraordinary plenary meeting in the com- Energy Agency. Our final view will depend—— ing months. The US has indicated that it may wish to do so, but it is too early to speculate on Mr. M. Higgins: It is outside the treaty; it is the timing of such a meeting. We are only on a joining China. lead-in time. There will be no de facto conclusions as we enter debate. Mr. Treacy: ——on our assessment of the potential impact of the US-India agreement on Mr. Allen: Pussycat diplomacy. the global non-proliferation regime and on the approach taken by like-minded countries. Northern Ireland Issues. Deputy Michael D. Higgins is right. We are proud of our contribution to the genesis of the 57. Aengus O´ Snodaigh asked the Minister for non-proliferation treaty which the late Deputy Foreign Affairs the discussions he has had with Frank Aiken, as Minister for Foreign Affairs, the British Government on violent sectarian championed across the world. It was universally attacks in the Six Counties, including the recent accepted and was a major contribution to global murder of Michael McIlveen; and if he will make peace and stability at the time. Ireland has great a statement on the matter. [19805/06] regard for this precious instrument which is critically important to the world. Mr. Treacy: The appalling sectarian killing of Michael McIlveen has been condemned whole- Mr. M. Higgins: How will the Minister vote? heartedly by the Taoiseach and the Minister for Will he vote in favour of the treaty or of giving Foreign Affairs, as well as by the entire com- India carte blanche to join China, Russia, France munity in Northern Ireland. This incident was a and Britain? truly shocking demonstration of the evil of sectarianism and a reminder that sectarian hatred Mr. Treacy: The Nuclear Suppliers Group, and violence still plague communities across NSG, normally takes decisions at the group’s Northern Ireland. Our thoughts continue to be annual plenary meeting, the next of which will with his family and friends who have shown such take place in Brazil next week. courage and dignity in the face of this tragedy. 425 Priority 24 May 2006. Questions 426

As the Taoiseach said in the immediate after- Aengus O´ Snodaigh: Will the Minister, the math of Michael’s death, those responsible for Taoiseach and Government officials remind the this brutal crime stand condemned in the eyes of DUP in particular of its responsibility to tackle all decent people who yearn for a peaceful society the sectarianism rampant in the communities it in Northern Ireland. They must face the full rig- represents and within the party? An illustration ours of the law as quickly as possible. of that sectarianism is the disgraceful comment by This horrific incident is the latest in a worrying Ballymena Council leader, DUP councillor Roy pattern of sectarian attacks in parts of Northern Gillespie, before Michael McIlveen’s funeral. He Ireland in recent years. In the context of ongoing said: sectarian violence last summer, the Government raised concerns about the situation with the Brit- The Pope is the Antichrist and the head of ish authorities on a regular basis. Officials from the Catholic church, which is not a true church the Department of Foreign Affairs visited the or faith. As a Catholic, Michael McIlveen won’t areas most seriously affected throughout the sum- get into heaven unless he is saved. Catholics mer months to meet local residents, community are not acceptable in heaven. and political representatives. The Minister, Does the Minister of State agree that the killing Deputy Dermot Ahern, travelled to west Belfast of Michael McIlveen in Ballymena did not hap- and north Antrim to meet residents who had pen in isolation? Last summer I circulated a dos- been subjected to intimidation or attacks and to sier to Deputies with facts on more than 100 sec- discuss the ongoing situation with them. He also tarian attacks by Unionist paramilitaries on met another group of residents who travelled to Catholic Nationalists during last summer. The Dublin to convey their concerns to him directly. Minister of State alluded to the actions taken by The issue of sectarianism and sectarian violence the Government in that regard. has been and remains a priority item on the In the wake of this killing, will the Government agenda of the British-Irish Intergovernmental explore with the British Government ways of Conference. increasing the resources available for projects At their meetings with the Minister, local resi- which bring young people together in a spirit of dents in particular sought assurances that anti-sectarianism, such as those who came sufficient police resources would be deployed to together at the funeral of Michael McIlveen? counter these attacks. We have raised this con- Does the Minister of State share the view that cern with the British authorities. We continue to this type of killing is at the end of the scale that monitor police resources in the areas most begins with the refusal of political Unionism to directly affected. engage with Nationalists and republicans on the Following the tragic death of Michael McIl- basis of respect and equality, as promised under veen, we raised our serious concerns about the the Good Friday Agreement? security situation in the Ballymena area with the British authorities, especially with regard to the Mr. Treacy: I condemn statements such as that threat of further violence. We also inquired about the measures put in place to prevent a recurrence to which the Deputy referred. It is important not of the violence and intimidation witnessed last to give any credibility or recognition to such out- summer. We have been advised that a number of rageous and outlandish statements. It is additional officers and patrols are being deployed important not to make provocative statements or in Ballymena to combat sectarian violence. In organise provocative events or parades that incite addition, an intelligence-led police operation, tension and lead to violence. On behalf of the initiated in 2005 to tackle sectarian crime, is people, we constantly appeal to all sides to accept ongoing. Officials from the Department of the rights of the other, to have mutual respect Foreign Affairs met local political representatives for each other, to work to bring peace to their in Ballymena in the past week to assess the communities, to use the political process within situation at first hand. We will continue to moni- the various fora to which people are elected to tor the situation closely as we approach the give leadership, and to co-operate and collabor- summer. ate in the best interest of a consensual conclusion However, this is not solely a governmental con- that will contribute to positive advantage for each cern. Clearly, all those in positions of leadership individual and for all of the people in Northern in Northern Ireland have a major role to play in Ireland. That is our consistent position. eradicating sectarianism. It is vitally important We have raised these issues with the Northern that all incidents of sectarian violence be con- Ireland Office and the British Government. We demned consistently, unequivocally and unam- continue to meet the people, represent their biguously by every political party in Northern views and articulate their problems. We work Ireland. Leaders must condemn sectarian atti- assiduously at this. We want every political party tudes and actions that can poison minds and in Northern Ireland to work with us to ensure we create an atmosphere where violence becomes bring an end to the sectarian attitude, tension and possible. Above all, leaders should work to violence that must always be condemned by all reduce tensions and promote reconciliation. quarters. 427 Priority 24 May 2006. Questions 428

Aengus O´ Snodaigh: Will the Department ask applied to decentralise to Limerick. None of the the DUP directly through its officials when nego- 12 senior development specialists who work in tiations are held to address the sectarianism Irish Aid’s headquarters has applied to decentral- within the party and the communities it ise to Limerick. Two senior development special- represents? ists originally applied to decentralise to Limerick, but subsequently withdrew their applications. Mr. Treacy: At every opportunity and at the Five of the nine development specialists who various levels of the meetings and strands we work in Irish Aid’s headquarters are scheduled to attend the Taoiseach, the Minister for Foreign decentralise to Limerick. Four of the five Affairs, the Minister for Justice, Equality and development specialists in question commenced Law Reform and I raise these issues. The high employment since the announcement of the levels of criminality and violence on the loyalist decentralisation programme in December 2003. side continue to cause genuine concern. In its One of them applied via the central applications most recent report, the Independent Monitoring facility. Discussions are ongoing with representa- Commission noted that loyalists were responsible tives of the specialists, their union IMPACT and for 95% of shootings and 76% of assaults in the the Department of Finance about the issues period under review, with the remainder being involved in decentralisation, which have a wider carried out by dissident republicans. Most cases Civil Service dimension. I hope that a greater of exiling were also carried out by loyalist para- number of specialists will, in time, volunteer to militaries. Tackling loyalist violence and crimi- decentralise to Limerick. nality are, first and foremost, the responsibility of the criminal justice agencies in Northern Ireland, Mr. Allen: Can the Minister of State tell me primarily the PSNI and the Assets Recovery how many of the 123 staff of Development Co- Agency. operation Ireland have indicated their willingness The two Governments have been absolutely to decentralise? I ask him to state the number clear on the need for loyalist paramilitary groups clearly without trying to mask the problems to move away definitely from violence and crimi- which exist. According to the Minister of State’s nality and to engage with the Independent Inter- figures, 28 of the 123 staff had applied to partici- national Commission on Decommissioning with a pate in the decentralisation programme by view to putting arms beyond use. At the previous December 2005. That figure had decreased to 24 meeting of the British-Irish Intergovernmental by January 2006. The Minister of State has now Conference on 2 May last, the Governments told us that none of the senior development again called on all those with influence in this specialists are prepared to go ahead with decen- regard to use it to that end. The Governments tralisation. Some of those who had indicated a will continue their work in this respect. willingness to decentralise have now withdrawn We all have a serious responsibility in this area. their applications. We can conquer this problem together if there Does the Minister of State agree that, based on is mutual respect, dialogue, communication and his own figures, he is presiding over a disastrous collaboration within the structures at move for Irish Aid? Does he agree that rather 3 o’clock local community level or within the than advancing the process, it is being reversed? political system. We need to work It is shambolic and it is putting the effective deliv- assiduously within the structures which exist to ery of the Irish aid programme at grave risk. Will create a permanent structure in Northern Ireland the Minister of State admit that the decision to that will allow the affairs of the people who live proceed with decentralisation without consulting there to be decided by their own representatives. staff or taking the intellectual memory of Irish We must all work to ensure that we meet this Aid or the implications for the overseas prog- serious challenge. ramme into consideration was an appalling one? Will the Minister of State give the House some Decentralisation Programme. clearcut figures? How many of the 123 staff of Development Co-operation Ireland, or Irish Aid 58. Mr. Allen asked the Minister for Foreign as it is now known, have indicated their willing- Affairs the number of principal development ness to move? specialists, senior development specialists and development specialists working with Irish Aid Mr. C. Lenihan: I do not intend to lose my pati- who have volunteered to decentralise; and if he ence at this point, obviously, as I have to answer will make a statement on the matter. [19809/06] the questions I am asked in this House. I have answered the Deputy’s question on no less than Minister of State at the Department of Foreign four occasions, most recently at a Da´il committee Affairs (Mr. C. Lenihan): Three categories of when I gave precise figures to him. His repeated specialists — principal development specialists, questioning belies the attempts which have been senior development specialists and development made by this House to provide researchers—— specialists — are employed by Irish Aid. None of the three principal development specialists who Mr. Allen: The Minister of State should not serve in Irish Aid’s headquarters in Dublin has give us that rubbish. 429 Priority 24 May 2006. Questions 430

Mr. C. Lenihan: ——for Da´il Deputies, includ- Mr. Allen: The Minister of State should give us ing Front Bench spokespersons. It seems Deputy the figures for the record of the House. Allen cannot simply collate the figures I gave him last week. Mr. C. Lenihan: It is a most vexatious strategy on the Deputy’s part and on the part of Fine Mr. Allen: The Minister of State should give us Gael. The Deputy was given these figures last the figures. week but he has forgotten them again. It does not give me great hope for the kind of Government Mr. C. Lenihan: Perhaps he has some that Fine Gael is trying to form with the Labour difficulty—— Party that Deputies are forgetting the figures they were given a week ago. Mr. Allen: He is trying to brazen out this disaster. Mr. Allen: The Minister of State should not give us that rubbish. Mr. C. Lenihan: ——or terrible problem of memory. Mr. C. Lenihan: I will give the figures again. Deputy Allen referred to Development Co-oper- Mr. Allen: I have no problem at all. ation Ireland——

Mr. C. Lenihan: It is clear that he cannot Mr. Allen: I referred to Irish Aid. remember the figures I gave him last week. Mr. C. Lenihan: ——but I remind him that it Mr. Allen: I want the figures to be put on the no longer exists. It is called Irish Aid, but the record of this House. Deputy referred to Development Co-operation Ireland. Mr. C. Lenihan: The Deputy referred to the protection of corporate memory, but I suggest Mr. Allen: I referred to Irish Aid. that he should try to find a way of protecting his own memory. I gave him these figures last week Mr. C. Lenihan: Perhaps his memory is failing at a committee meeting. him in that respect as well.

Mr. Allen: Will the Leas-Cheann Comhairle Mr. Allen: The Minister of State should not be ask the Minister of State not to personalise his acting the—— response? Mr. C. Lenihan: I have given the figures today and I will give them again now because the Mr. C. Lenihan: It is clear the Deputy does not Deputy did not hear me last week or on the two do his research or take any note of the responses previous occasions. Some 35 people within the he gets. development co-operation division, or Irish Aid as it is now called, have opted to go to Limerick. Mr. Allen: The Minister of State should give us the figures we are looking for. He should stop Mr. Allen: That is less than 25%. blackguarding this House with a load of rubbish. Mr. C. Lenihan: Some 35 people are willing to Mr. C. Lenihan: He has made some totally move. groundless assertions in this House about the nature of the decentralisation programme. Mr. Allen: That is approximately 25%.

Mr. Allen: How many of the 123 staff of Irish Mr. C. Lenihan: A further 16 people have Aid—— opted to apply for positions in Limerick.

Mr. C. Lenihan: I will give the Deputy the fig- Mr. Allen: On a point of order, this question ures yet again, not so much for his benefit—— was not originally deemed to be a Priority Question. Mr. Allen: How many? An Leas-Cheann Comhairle: That is not a Mr. C. Lenihan: ——as I have already given point of order. him this information, but for the benefit of other Deputies who may not have asked the question Mr. Allen: It was deemed to be a Priority or been given an answer. Question when the Minister for Foreign Affairs refused to answer a question on human Mr. Allen: How many? trafficking.

Mr. C. Lenihan: Deputy Allen was given these An Leas-Cheann Comhairle: That is not a figures last week. point of order. 431 Priority 24 May 2006. Questions 432

Mr. Allen: That is why this question was substi- Mr. C. Lenihan: The same answers were hon- tuted at a late moment. The Minister and the estly offered by me to the Deputy at a meeting Minister of State, Deputy Conor Lenihan, ofaDa´il committee. He just wants to waste tax- refused to answer questions about human payers’ money by repeating the question all the trafficking. time.

Mr. C. Lenihan: The Deputy is hardly blaming Mr. Allen: Just 35 of the 123 workers want to me for Fine Gael’s lack of imagination—— move.

Mr. Allen: That is why this question is in there. Mr. C. Lenihan: I will repeat the answer in case the Deputy’s memory is deficient. Mr. C. Lenihan: ——in coming up with new questions. Mr. Allen: Thirty-five.

Mr. Allen: The Minister of State should not Mr. C. Lenihan: Expressions of interest in give us that old rubbish. decentralisation have been submitted by 35 workers in Irish Aid and 16 workers in the wider Mr. C. Lenihan: It is not rubbish. Department of Foreign Affairs, of which Irish Aid is a fully integrated part. Mr. Allen: The Minister of State is trying to brazen out—— Mr. Allen: All the senior staff have reversed their decisions. Mr. C. Lenihan: It is a very truthful assertion. Mr. C. Lenihan: The performance of Irish Aid Mr. Allen: ——a disastrous programme of in the decentralisation process, far from being a decentralisation—— failure, is far better than any other Department of State. We have fulfilled 41%—— Mr. C. Lenihan: The Deputy is so bankrupt as an Opposition spokesman that he cannot come Mr. Allen: Can I ask a supplementary up with a new question. question? Mr. C. Lenihan: I will repeat the figure for the Mr. Allen: ——involving Development Co- Deputy because he is either hard of hearing or operation Ireland. hard of memory. Some 41% of the staff requirement needed in Limerick has now been fulfilled. Mr. C. Lenihan: He is wasting taxpayers’ money. Mr. Allen: Just 35 workers want to move.

Mr. Allen: The Minister of State is behaving Mr. C. Lenihan: By any yardstick, Irish Aid is disgracefully. performing far better than other Departments which are choosing to decentralise to other Mr. C. Lenihan: These are very expensive locations. I have given the Deputy an answer. I questions to put down on the Order Paper. hope he will not ask the same question again on the next occasion. Mr. Allen: I will put down questions when I want to. Mr. Allen: Can the Minister of State, whose behaviour has been disgraceful, tell the Mr. C. Lenihan: It takes many civil servants to House—— answer them. The Deputy asked the same question last week that he is asking this week. Mr. C. Lenihan: It is Deputy Allen who is wasting taxpayer’s money. Mr. Allen: I want to get answers. Mr. Allen: I would like to be allowed to ask my Mr. C. Lenihan: He is wasting taxpayers’ supplementary question. Is the Minister of State money, which is something he is always accusing telling me that the programme of decentralisation the Government of doing. He is a perfect has been successful in respect of the development example of it. co-operation section, given that its three most senior staff members are not moving? None of Mr. Allen: The Government is wasting money. the 12 senior development specialists is moving to Limerick. I understand from the Minister of Mr. C. Lenihan: He asked the same questions State’s figures that none of the development last week and got the same answers. specialists is moving. Is that correct?

Mr. Allen: What about the purchase of a prop- Mr. M. Higgins: There will be plenty of oppor- erty for decentralisation? tunities for promotion there. 433 Other 24 May 2006. Questions 434

Mr. Allen: How much money has been spent Mr. Allen: I asked the question in respect of on the decentralisation of the development co- people within the Irish Aid organisation. operation unit to date? What property has been purchased or rented? Can the Minister of State Mr. C. Lenihan: A total of 24 were in head- provide such details, which he could not offer the quarters. Such people continue to work for Irish last day, because the House deserves to be given Aid when working in Africa. them? An Leas-Cheann Comhairle: That concludes Mr. C. Lenihan: The Deputy is speaking with a Priority Questions. The House will now move forked tongue again. I gave him an answer in this onto the other questions. regard in the committee last week. Mr. C. Lenihan: They do not cease to be Mr. Allen: The Minister of State gave a very members of Irish Aid when they travel to Africa. general answer with no detail. Answer the bloody question. Mr. Allen: This constitutes a complete failure. The Minister of State is a complete failure. Mr. C. Lenihan: The Deputy is again showing either a deficiency in his own research capabilities Mr. C. Lenihan: That is how the Department or in his memory. delivers aid.

Mr. Allen: I have my own research capabilities. Mr. Allen: The Minister of State is simply trying to waffle. Mr. C. Lenihan: It is one or the other. An Leas-Cheann Comhairle: Priority Ques- Mr. Allen: The figures are here to demonstrate tions have concluded. the abject failure on the Government’s part. Mr. C. Lenihan: Perhaps the Deputy will visit Mr. C. Lenihan: The Deputy can tell the House them some day. and the taxpayers why—— Mr. Allen: The Minister of State is a disgrace.

Mr. Allen: There has been a total failure. An Leas-Cheann Comhairle: Priority Ques- tions have concluded and I am calling for the Mr. C. Lenihan: ——he is wasting taxpayers’ response to Question No. 60. time, money and effort in this House. Mr. C. Lenihan: The Deputy is a complete Mr. Allen: I have explained why this question waste of money. was submitted. Mr. Allen: The Minister of State’s programme Mr. C. Lenihan: He is asking questions which is a disgrace and a total failure. He is abusing a have already been answered. privilege of this House.

Mr. Allen: I make no apologies for it. Question No. 59 answered with Question No. 55. Mr. C. Lenihan: The Deputy knows the answer. Other Questions. Mr. Allen: The Minister refused to answer questions on human trafficking. ———— Mr. C. Lenihan: The Deputy knows the answer Northern Ireland Issues. already because he was given it last week. Per- haps he left the committee but to my memory, 60. Ms McManus asked the Minister for which is not perfect, the Deputy was present Foreign Affairs if, further to his interview in a throughout the meeting and heard the answers I newspaper (details supplied) on 9 May 2006, the gave on this matter. I will say again, for the Government position on Sinn Feín supporting the benefit of the Deputy, who is well aware of the PSNI and joining the Northern Ireland Policing answer I gave to Question No. 11 a minute ago, Board, has changed; and if he will make a state- there are 12 senior development specialists in ment on the matter. [19721/06] Irish Aid headquarters. None of them has applied to decentralise to Limerick. There are three prin- 70. Mr. Rabbitte asked the Minister for Foreign cipal development specialists who serve in Irish Affairs if, further to his interview in a newspaper Aid headquarters, none of whom has applied to (details supplied) on 9 May 2006, he will clarify decentralise to Limerick. In total, there are 44 his position on Sinn Feín joining the Northern development specialists within the Department, Ireland Policing Board; if the Government is both at home and abroad—— demanding that Sinn Feín express its support 435 Other 24 May 2006. Questions 436

[Mr. Rabbitte.] Sinn Feín seek reassurances that their concerns publicly for the PSNI before the Executive is for- regarding these issues will be addressed. The med; and if he will make a statement on the Oversight Commissioner will report on the out- matter. [19720/06] standing recommendations in his forthcoming report which is due out in the coming weeks. 147. Mr. Rabbitte asked the Minister for However, I emphasise that these few outstand- Foreign Affairs the position with regard to Sinn ing issues should not preclude Sinn Feín from Feín joining the Northern Ireland Policing Board; endorsing policing. The absence of that party if the formation of a new Executive in Northern from the policing board and district policing part- Ireland will be accompanied by Sinn Feín signal- nerships is now the most significant omission in ling support for the PSNI; and if he will make a terms of implementing the Patten recom- statement on the matter. [19719/06] mendations. In the context of the ongoing political process, support for policing remains a critical 150. Ms McManus asked the Minister for element in implementing a new political dispen- Foreign Affairs further to his interview in a news- sation for Northern Ireland. paper (details supplied) on 9 May 2006, the In the joint statement made in Armagh on 6 elements of the Patten report that have to be April last, both Governments recognised the implemented; and if he will make a statement on importance of policing and the need for progress the matter. [19722/06] on that front. Clearly, the more progress made on policing the better the climate of trust and confi- Mr. Treacy: I propose to take Questions Nos. dence that will be engendered. Both Govern- 60, 70, 147 and 150 together. ments want to see such progress and the Govern- The Government has been clear and consistent ment wants Sinn Feín to take the necessary steps on the issue of policing in Northern Ireland. without delay. Equally, however, both Govern- Through the progressive implementation of the ments are clear that it is not helpful at this stage Patten report, the PSNI has undergone a wide- to set preconditions or to erect new barriers to ranging transformation in recent years, and is political progress. now one of the most accountable policing services The Government wants the policing issue to be worldwide. It merits the active support of all resolved in the context of a restored Executive sections of the community in Northern Ireland. later in the year and will continue to work to Therefore, we have called on all political par- resolve this and other outstanding issues in the ties to support these new policing arrangements. period ahead. As the Minister for Foreign Affairs stated in the Daíl on 4 April last, there are no substantive Mr. M. Higgins: While I am grateful to the reasons in terms of policing reform for any Minister of State, perhaps the clarification in the further delay by Sinn Feín in endorsing the new long reply was insufficient. After the meeting at policing arrangements. Such endorsement should Farmleigh, the joint statement issued by the two include participation in the policing board and Governments suggested that Sinn Feín needed to district policing partnerships. Sinn Feín should confront the issue of policing once and for all. also encourage Nationalist communities to co- It noted that by the summer, the Governments operate with the police in the prevention and wanted Sinn Feín to give full recognition to the detection of crime, thereby helping to implement PSNI for the first time and to join the policing the core Patten recommendations on policing boards. This would clear the way for the devol- within the community. ution of policing powers to a restored Northern Regarding the degree of implementation of the Executive. Patten report, we fully agree with the assessment However, in an interview conducted by the of the independent policing Oversight Com- Minister for Foreign Affairs, Deputy Dermot missioner that the policing reform process in Ahern, with The Irish Times — this is a separate Northern Ireland has been remarkable and issue on which I have my own view — he sug- unprecedented. I also acknowledge the unstinting gested that Sinn Feín’s participation in the efforts of the SDLP on the policing board on policing board was not a precondition for the which, working together with such committed devolved functions and powers which will be independent members as Denis Bradley and assessed in November. Which is it? That is a others, it has been instrumental in driving the straightforward question. Patten project forward over the past five years. Is the Minister of State aware that he has Given the complexity and ambition of the pro- described a kind of conundrum which cannot be ject, a number of outstanding issues remain which resolved? Is the Government in favour of Sinn require attention and about which both National- Feín joining the policing board so that afterwards ist parties in Northern Ireland are concerned. For powers would be devolved in respect of policing, example, these include the low level of National- its control and whatever would be satisfactory? ist representation among the civilian staff in the Or can one have the institutions working first, PSNI and the recent decision to give primacy to with Sinn Feín’s relationship with the policing MI5 for intelligence matters. Both the SDLP and board to follow, even though the Minister of 437 Other 24 May 2006. Questions 438

State has paid tribute to the decision of the SDLP every opportunity is taken, including Sinn Feín’s to participate? The Minister of State cannot have involvement with policing, to make the necessary it both ways. progress and for the Executive to make its dead- Does the Minister of State agree that the Mini- line by November. It is critically important and ster for Foreign Affairs has handed an instrument vital for the wellbeing of the people of Northern to the DUP? That is to say, the Patten reforms Ireland, for the representation of the nationalist have not been completely implemented and the community, for balance within the policing oper- Minister of State has clarified that point to an ation and for absolute totality of operation and extent. However, one can hardly state that non- representativeness for all, that Sinn Feín become completion of the Patten reforms through the involved. The Government wants this to take non-participation of Sinn Feín is a valid reason place as soon as possible. if one has resiled from the commitment of both Governments after the Farmleigh meeting to sug- Mr. M. Higgins: On the 61 outstanding items gest that Sinn Feín should participate as quickly on the Patten list, is it the Government’s position as possible. that it asks Sinn Feín to make a gesture of trust and to become involved before the 61 items are Mr. Treacy: The position is clear. The Govern- completely resolved? Paradoxically, one of the ment has been absolutely even-handed in its deal- items is the participation of Sinn Feín itself. Is ings in this regard and in all activities in Northern that the position? Ireland. It wants inclusiveness, engagement and Second, does the Minister of State view such participation. It wants all those with political an act of trust as being essential before mandates to discharge them and to fulfil their November? Does he accept there is a great obligations to those who elected them by partici- danger that if such an action has not taken place, pating in the various structures at every level, it would be used by those on the other side who including the policing board. This is extremely may not be in any way committed to sufficient important. reforms? I refer to reforms, such as those outlined in the Patten report, that would provide the Mr. M. Higgins: Does the Minister of State kind of police force that would enjoy the univer- wish to see much of this take place before sal respect of people in Northern Ireland. November? Mr. Treacy: The Taoiseach, the Minister for Mr. Treacy: The Government fully agrees with Foreign Affairs and my other colleagues have the assessment of the policing Oversight Com- made it clear, on behalf of the Government, that missioner that the policing reform in Northern it wants the policing issue to be resolved in the Ireland has been remarkable. One would be hard context of a restored Executive later in the year. pressed to find an equivalent process of root and The Government will do everything in its power branch reform of policing in any other democratic to advance this issue to the greatest possible country in the world. In such a major under- extent, bearing in mind the complexities and sen- taking, it is not surprising that a number of sitivities surrounding the policing issue. While recommendations have yet to be fully there can be no guarantees on the outcome, the implemented. In his last major report, the Over- Government will continue to press for a resol- sight Commissioner indicated that 114 out of the ution of this extremely important issue. Trust is 175 recommendations have been fully critical and respect is vital. Participation in and implemented. engagement with the policing authority would build trust and would help achieve an active, rep- Mr. M. Higgins: Yes. resentative and engaged Executive that would fulfil the political mandate from the people. This Mr. Treacy: The remaining 61 recom- would be a major boost for Northern Ireland. mendations are in varying degrees of implemen- There is a great challenge here. There is a huge tation. As I noted earlier, the Oversight Com- responsibility. However, this is a moment where missioner will report on the outstanding issues in people must take the steps that are critical and we his next report, which is due shortly. want everybody to move together in all aspects, The outstanding issues include representa- including Sinn Feín. tiveness, including the PSNI civilian support staff, training and policing college, community policing, Mr. M. Higgins: How did it help matters for the the question of the primacy of national security Minister for Foreign Affairs to suggest that none and the police reserve. It will be important to of this was really that important before bring this process to fruition. November? On behalf of the Government and this House, I again emphasise that the few outstanding issues Mr. Treacy: I believe the Minister for Foreign should not preclude Sinn Feín from endorsing Affairs has been taken out of context in this policing, nor should it prevent any part of the matter. He has been very consistent on behalf of community from co-operating with the police. It the Government. He has been critically involved is critically important that leadership is given and in the mainstream negotiations at the highest 439 Other 24 May 2006. Questions 440

[Mr. Treacy.] executive in Northern Ireland delivering to the level of detail with all the different actors, person- people of Northern Ireland. alities, parties and groups. At all times the Mini- ster for Foreign Affairs on behalf of the Govern- CaoimhghıńO´ Caolaín: Thankfully it will be ment wants to ensure that everybody works the membership of Sinn Feín that will determine together, which is critical for Northern Ireland. our response to policing as it presents at any As individuals, political parties, governments and given time in the North of Ireland and any plans community leaders both in Northern Ireland and and proposals regarding same. here in the South it is vital that we all recognise Does the Minister of State agree that the most this. We again make a special appeal to all those pressing issue at this time is to get the political who have this in their hands, who have leadership institutions operating and that setting arbitrary responsibility and a political mandate to ensure preconditions is totally unhelpful? The Minister they discharge that mandate, fulfil their obli- of State will be aware that during this week, the gation and participate so that we can achieve the Sinn Feín president, Mr. Gerry Adams, proposed progress that is critical to all the people in Mr. Ian Paisley for the position of First Minister Northern Ireland and vital for the future of the and Mr. Martin McGuinness as Deputy First island. Minister. He set out our party’s absolute intention to get the political institutions operating Mr. M. Higgins: That is a most worthy senti- again as soon as possible. Would the Minister of ment. The Minister for Foreign Affairs also made State agree that the best way for that to work is some other comments to the effect that the Mini- for all parties, including those in this House, to ster for Justice, Equality and Law Reform, play a constructive role? Can the Minister of Deputy McDowell, was on a kind of electoral State outline to the Daíl the steps the Govern- stunt regarding the anti-criminality campaign. I ment proposes to take to make progress towards believe the phrase used was “electoralism”. He the re-establishment of the Executive in the more or less said that certain things get said in immediate period ahead? Is it a case — I hope the run-in to an election, which was how the not — of watching matters as they unfold? What Minister for Foreign Affairs, Deputy Dermot steps, if any, are being considered or pursued by Ahern, referred to the much publicised campaign Government to achieve that end? of the Minister for Justice, Equality and Law It is not only the 61-odd matters that have yet Reform, Deputy McDowell, against Sinn Feín to be addressed within the Patten proposals. We criminality, in his interview with Frank Millar. Is have yet to see sight of the facilitation legislation the Minister for Defence, Deputy O’Dea, also from the British Government, which will be criti- involved in electoralism when he speaks? cal in informing Sinn Feín’s response. The issue of policing has a personal resonance in my case. Perhaps the Minister for Foreign Affairs has a Allegations were made last night on a BBC tele- more informed view as well as being committed vision programme by a retired RUC CID to the high principles the Minister of State has member Trevor McIlwrath concerning the just outlined. The Minister of State spoke about involvement of at least two British agents in an unity and everybody working together. Is the div- attempted bomb attack on the Sinn Feín office in ision between the Minister for Foreign Affairs Monaghan town, which happens to be my con- and the Ministers for Justice, Equality and Law stituency office, in March 1997, shortly before my Reform, and Defence just one of those trivial dif- election to this House. There was advance know- ferences that might be expected in the Cabinet or ledge on the part of both the RUC special branch is it more substantive? Which of the Ministers are and CID about that operation. we to believe? Is the criticism of references to As a Member of this House, whose life and the Sinn Feín criminality electoralism or is it the view lives of whose colleagues in his constituency of Government? office were clearly at risk by that operation with the full knowledge of the RUC and the CID in Mr. Treacy: There is no division within the North and was carried out by agents of same, Government. There is a commonality of commit- I ask what steps have been taken by the Minister ment in ensuring that all the Ministers discharge for Foreign Affairs to raise this matter with his their obligations taking into account the different counterpart in the North of Ireland? I take no portfolios they have, the serious responsibilities pleasure in asking this question, but I must do so. they must discharge and the different responsibil- With such certainty of foreknowledge now estab- ities that are peculiar to those Ministries. Ulti- lished on the part of the RUC and CID, is there mately, there is a unity of purpose to ensure that any question that there was foreknowledge in the not alone do we discharge our obligations here in Garda of the intended attack on the Sinn Feín the Republic, but that we also support on a office in Dublin Street in Monaghan town? Has North-South and east-west basis, the people of that been inquired into? Has it been established? Northern Ireland to make progress and work Can we have an assurance, if not before the together to get the structures to which they are House this afternoon, at the earliest opportunity democratically entitled so that we can have an that there was no such knowledge? 441 Other 24 May 2006. Questions 442

Mr. Treacy: I totally condemn the attack on number of Irish nationals resident in that country; that office, as any right-minded person or any and if he will make a statement on the matter. leader of any type be it at community level or [19556/06] political level would. It is disastrous that these things happen. I am not aware of the programme Mr. C. Lenihan: The political, economic and and did not see it. I have no knowledge of that to humanitarian situation in Zimbabwe continues to which the Deputy has referred. I will now do deteriorate and remains an issue of great concern some research as a result of what he has said. I for Ireland and its EU partners. Inflation in fully respect his point and in all my answers on Zimbabwe has exceeded 1,000%, while unem- this issue I have not said otherwise. The right of ployment is estimated to be 80%. Serious food the membership of Sinn Feín to take its decision shortages continue in the country, with the World on this issue is a matter for that political party. Food Programme estimating that 4.4 million The Government has pressed and will continue Zimbabweans, representing one third of the to press for clear tangible progress in this area in population, will require emergency food assist- Northern Ireland in the period ahead. For its ance this year. The dire political and economic part, Sinn Feín recognises that the issue of conditions have led to large-scale emigration, policing must be resolved. It realises that it must with at least 2 million Zimbabweans living take the necessary steps and face up to the illegally in South Africa. policing issue, which we respect. There have been There is no indication that the Zimbabwean positive developments on that score, for example Government is willing to alter the policies which the recent remarks on the need to resolve this have brought about this situation or introduce issue by Mr. Gerry Adams, to which the Deputy those democratic and economic reforms long has already alluded, as well as unprecedented called for by the international community. On the comments by the Sinn Feín leadership on crimi- contrary, we have seen increased repression, with nality. There are also reports of some thawing of large-scale arrests of peaceful demonstrators. In attitudes towards the PSNI in strong Nationalist light of the current circumstances, the EU had no areas of Northern Ireland. While these are help- option but to renew its restrictive measures ful developments they represent only a start and against Zimbabwe for a further 12 months last there are many more steps to take. February. These are very much targeted at the The Deputy asked what we will do. We will Mugabe regime and not the people of Zimbabwe. continue to press for greater movement in the It is clear that international pressure needs to be coming months at every level — at prime minister maintained on the Mugabe Government to alter level between the Taoiseach and the British its current policies. Ireland and its EU partners Prime Minister; at foreign affairs level between are determined to continue working with others the Minister for Foreign Affairs and the Secretary in the international community, including our of State for Northern Ireland and his colleagues partners in Africa who can exert particular influ- in the UK, at justice minister level and at strand ence, to help promote democratic change in one level, in which I have been involved. We will Zimbabwe. I particularly welcome the increased use every possible opportunity to ensure progress engagement by the UN Security Council and the is made. It is critically important that the political efforts of Secretary General Annan and his parties, including Sinn Feín, move forward, have humanitarian co-ordinator, Jan Egeland, to high- confidence, respect their mandate, deliver on light the serious humanitarian situation in their obligations and participate to sustain the Zimbabwe. structures that will create the Executive, which The position of the approximately 3,000 Irish will operate with a democratic mandate and citizens resident in Zimbabwe is an issue of part- deliver services to the people of Northern Ireland icular concern for the Government. The Irish who deserve it. That can be achieved between Ambassador to South Africa, who is accredited now and November if we all move forward to Zimbabwe, and the staff of the embassy in Pre- together. toria pay regular visits to Zimbabwe to liaise with members of the Irish community and report on Mr. M. Higgins: Does the Minister of State the situation in the country. My colleague, the agree it would be entirely helpful for him to ask Minister for Foreign Affairs, has also approved his colleague, the Minister for Justice, Equality the appointment of an honorary consul in an and Law Reform, to clarify the issues raised by effort to improve the provision of consular Deputy O´ Caolaín rather than leave them out services to Irish citizens in Zimbabwe. The agree- there? If they are not clarified, they will become ment of the Zimbabwean authorities to this another obstacle to the decision that will be taken appointment is still awaited. by the members of Sinn Feín, which should be avoided. The Government continues to make available humanitarian assistance to the people of Zimbabwe. Since 2004 Ireland has committed Overseas Development Aid. more than \12 million in aid to Zimbabwe, 61. Mr. P. McGrath asked the Minister for including \2.7 million this year to address emer- Foreign Affairs the situation in Zimbabwe; the gency needs. The largest proportion of this fund- 443 Other 24 May 2006. Questions 444

[Mr. C. Lenihan.] Hopefully, that will succeed. I share the Deputy’s ing is for immediate humanitarian needs, partic- concern and I will get back to him regarding a ularly the provision of food assistance. detailed evaluation of the sanctions by the EU, if it exists. It is timely to discuss the evaluation of Mr. Allen: I welcome the continuation of the humanitarian assistance because the EU is eval- EU sanctions against Zimbabwe, particularly the uating its emergency intervention in the Asian travel ban, the arms embargo and the seizure of tsunami. Each crisis is different and it is difficult assets. How much success has the EU had in seiz- to evaluate how effective is humanitarian aid, but ing the assets of Mugabe and his cohorts? Despite we reckon it is fairly effective. the embargo, the situation is worsening in the Ireland has provided \12 million in aid to country with repeated human rights abuses and Zimbabwe since 2004 and we have not done so a continuing food crisis. The Minister of State is blindly or blithely. The money has been donated known to fall asleep on the job but will he wake to NGOs on the ground, which have formed up to the fact that the sanctions are not effective? strong local partnerships. Generally, the money is What steps do he and the EU propose to take to disbursed through the UN family of aid agencies, ensure Mugabe and his Government comply with including the World Food Programme and normal standards of human behaviour and renew UNICEF. The remaining money is expended by their citizens’ rights? How sure is the Minister of Irish NGOs in Zimbabwe. The International Red State that the humanitarian aid provided to Cross is always reliable when emergencies and NGOs in Zimbabwe is reaching its intended disasters occur and we support that organisation target? because it has a strong track record.

Mr. C. Lenihan: The Deputy has asked a Human Rights Issues. number of difficult questions and I cannot answer 62. Mr. O’Shea asked the Minister for Foreign the question about the effectiveness of the EU Affairs the contributions Ireland has made at sanctions. However, they were reviewed last United Nations level to progress the cause of February and they are continually reviewed. The democracy in Nepal; and the position in that sanctions involve a travel ban and the seizure of country. [19734/06] assets of key figures associated with the Mugabe regime but I will forward the Deputy a detailed 78. Mr. Timmins asked the Minister for Foreign note about the monitoring and evaluation under- Affairs about the situation in Nepal; if Ireland taken by the EU regarding the sanctions. gives grant aid to organisations or groups there; He raised the larger issue of how effective sanc- and if he will make a statement on the matter. tions are generally. If sanctions regimes are prop- [19448/06] erly operated, they can be successful, depending on the circumstances. The humanitarian aid pro- 165. Ms O. Mitchell asked the Minister for vided by Ireland and the EU is effective but the Foreign Affairs the ongoing diplomatic contacts situation in Zimbabwe is difficult. Millions of he or his Department have had with Nepal; the people are facing hunger because of this disas- security situation in that country; and if he will trous and badly led regime and the solution is to make a statement on the matter. [19539/06] maintain pressure. The greatest disappointment among European donor governments is the tardi- Mr. Treacy: I propose to take Questions Nos. ness of African leaders to condemn Mr. Mugabe. 62, 78 and 165 together. However, the Financial Times reports today that The Government is pleased at the recent posi- President Mbeki of South Africa has thrown his tive turn of events in Nepal, with the restoration weight behind the UN Secretary General’s proof parliament and of an accountable government, posal to visit Harare to meet Mr. Mugabe and his as well as a truce. The restored parliament has cohorts. I hope this initiative will succeed because voted for Nepal to become a secular, as opposed Zimbabweans are facing the appalling vista of to Hindu, state and it has also voted to curtail the further misery, poverty and hunger, which will powers of the king, including control over the not let up. There is nothing to be up-beat about army and the hereditary principle. While we have and the only scrap of hope is that President not had any recent direct bilateral contacts with Mbeki and other African leaders will bring press- Nepal, Ireland has been active within the EU ure to bear on the Mugabe regime and that Kofi framework and has contributed to discussions in Annan will prove effective in persuading Mr. relevant working groups. On 16 February, the Mugabe to alter his course. Minister of State, Deputy Conor Lenihan, met in There has been speculation, according to the Dublin with Dr. Arjun Karki, president of the Financial Times report, that a putative deal may NGO Federation of Nepal and co-ordinator of be arranged as part of Kofi Annan’s visit whereby the South Asian Alliance for Poverty Eradi- Mr. Mugabe will give a clear timetable for his cation, who provided a first-hand account of the own retirement and, in exchange, he may not be situation on the ground in Nepal. Dr. Karki was the subject of a prosecution for the various mis- assured that Ireland was closely following devel- deeds he has perpetrated in the recent past. opments in Nepal. 445 Adjournment 24 May 2006. Debate Matters 446

The situation in Nepal was also discussed by As the situation in Nepal remains fluid and Ministers at the EU General Affairs and External uncertain, the Department will continue to moni- Relations Council meetings on 30-31 January and tor closely developments in the country. Ireland on 15-16 May. Following the discussion by Mini- will continue actively to participate in relevant sters on 15-16 May, officials have been asked to discussions within the EU and UN frameworks examine and make recommendations to the and will urge all sides to pursue a peaceful, politi- GAERC on possible EU action. The EU has cal solution and to respect human rights and fun- already decided to lift with immediate effect the damental freedoms. freeze on ministerial visits which had been in place since March 2005. Mr. M. Higgins: Will the Minister of State con- On 3 May, the EU issued a statement welcom- sider increasing significantly the aid to Nepal that ing the first meeting in four years of the House provides institutional assistance that is needed in of Representatives in Nepal and the decisions the short term, such as personnel and technical taken at that meeting. It added that this was an assistance? important step towards full democracy and sustainable peace in the interest of the people of Mr. Timmins: I received an email today from Nepal. The EU congratulated Girija Prasad Koir- Nepal which states, “What an afternoon, but in ala on his appointment as Prime Minister. The the end we got 22 children with a promise of 15 statement welcomed steps taken towards the more tomorrow”. The email describes the chil- rapid formation of an effective government. The dren, some of whom have awful skin infections, EU encouraged members of the seven-party some of whom are very hungry, scared kids. alliance to continue to work together in imple- There are organisations from Ireland working out menting its roadmap as it has done to date. It there and I am involved with one of them, the stressed the importance that any processes lead- Umbrella Foundation, which has four orphanages ing to constituent assembly elections and sub- in Nepal. The Minister of State said the Govern- \ sequent reforms are inclusive and participatory ment donated 200,000 towards setting up an and respect the sovereignty vested in the Nepa- office in Nepal, but will he look into the idea of lese people. The EU also welcomed the decision liasing with these groups? Things have improved of the Maoist Communist Party of Nepal to call in Nepal in the last couple of weeks, but there are a unilateral ceasefire for three months with many difficulties with children in poor circum- immediate effect. It called on it to renounce viol- stances. I would like the Minister of State to ence completely and to commit to decom- appoint someone from the Department to liaise missioning its weapons. Without such a commit- with some of these groups. ment, free and fair elections to a constituent \ assembly would be impossible. The statement Mr. Treacy: We gave 200,000 for the establish- \ encouraged the new government to take recipro- ment of the UNCHR office and over 400,000 cal measures in response to the ceasefire. It stated each year to the different Irish aid agencies in that the EU continued to believe that a ceasefire Nepal. The Minister of State, Deputy Conor would benefit from international facilitation and Lenihan, is constantly looking at the situation and monitoring and that the EU was willing to assist we will review it with regard to communicating any process leading to a durable negotiated with these bodies. They have some good people solution. doing a good job under difficult circumstances. While the situation in Nepal has not been dis- In the intervening period, the focus has been cussed recently at the United Nations Security on humanitarian aid. The European Commission Council, the UN has been playing an important Directorate for Development and Humanitarian role on the ground in Kathmandu, including Aid increased its financial support for Nepal from \1.675 million in 2002 to \4 million in 2005. through the field office of the High Com- \ missioner for Human Rights. Ireland contributed Around 2 million has been provided by ECHO \200,000 towards the establishment of the office in support of Bhutanese refugees since 2001 in 2005. Ireland has proposed that the EU look through the distribution of food aid. An ECHO office was opened in Nepal in 2005 to ensure at providing further support for the valuable much closer monitoring and co-ordination with work of this office. donors. Up to \5 million will be spent in the next Ireland assists a small number of non-govern- 12 to 18 months in support of these objectives. mental organisations and missionary groups Ireland will not be found wanting in making the which carry out important development and relief case at EU level and doing what we can to give work in Nepal. These organisations include extra resources where feasible. Action Aid, the Church Mission Society Ireland, Interserve Ireland, the Leprosy Mission and Plan Written Answers follow Adjournment Debate. Ireland. In 2004, approximately \450,000 was provided to these organisations while \400,000 was delivered in 2005. The latest information from Adjournment Debate Matters. these organisations indicates that they are cur- An Leas-Cheann Comhairle: I wish to advise rently able to conduct their operations normally. the House of the following matters in respect of 447 Planning and Development (Strategic Infrastructure) 24 May 2006. Bill 2006: Second Stage (Resumed) 448

[An Leas-Cheann Comhairle.] or of the hassled passenger in the overcrowded which notice has been given under Standing Dublin Airport. Order 21 and the name of the Member in each The IEI, the professional body for engineers at case: (1) Deputy Costello — that the Minister the front line of infrastructure development, drew review the case of a person (details supplied) in some very interesting conclusions in its document light of new evidence; (2) Deputy Ferris — the for January 2005. In essence, the document tells lack of ambulance provision in south Kerry; (3) us that the national development plan is not being Deputy Walsh — to discuss a timetable for the delivered on time. The targets set for 2006 in the commencement of work on the affordable hous- national development plan will not be reached ing scheme in Clonakilty, County Cork; (4) until 2010 at the earliest and, unless funding lev- Deputy O´ Caolaín — the need for the Minister els are significantly increased, the NDP prog- to make herself fully accountable to the Daíl for ramme will not be completed until approxi- the crisis in our health services; (5) Deputy mately 2013. Connolly — to discuss the temporary use of avail- With regard to specific sectors, the IEI stated: able bed space at St. Davnet’s Hospital, Monaghan to free up bed space in Cavan and At current spending levels the network Monaghan general hospitals; (6) Deputy envisaged under NDP will not be completed Crawford — that the Minister change the rules until 2013. The roads requirements to support being applied to those in need of a primary cer- the NSS have yet to be planned and scheduled tificate; (7) Deputy Perry — that the Minster for construction. address the concerns of the Sligo County With regard to public transport, the IEI com- Enterprise Board regarding constraints in its plained that key decisions on rail connectors to operation; and (8) Deputy Ring — that the Mini- Dublin Airport and the new Dublin metro have ster indicate when the home care package was yet to be made, although that complaint was first announced and then introduced. made prior to the announce of Transport 21. The The matters raised by Deputies Connolly, IEI also complained that many water services Perry, Costello and Walsh have been selected projects were delayed by an average of two years for discussion. and predicted that the 2006 investment targets would not be met until the end of 2010. The IEI Planning and Development (Strategic was particularly critical of the delays in delivering Infrastructure) Bill 2006 [Seanad]: Second Stage waste infrastructure, stating: (Resumed). Progress in delivering the NDP waste Question again proposed: “That the Bill be strategy has been very disappointing...The now read a Second Time.” expectation that the private sector would deliver a significant percentage of the required Mr. Gilmore: Before the adjournment, I was infrastructure has not materialised, the cost of dealing with the significant changes to our plan- landfill is nearly three times the UK and EU ning system proposed under this Bill. One of average. those changes, under section 15, allows the Mini- ster greater discretion in appointing the members What has gone wrong? The Minister, Deputy of An Bord Pleana´la. We are being told that all Roche, and his nine year old Government would of these changes are being made in order to speed have us believe it is all the fault of objectors and up the planning of major infrastructure projects. that we only need to change our planning laws to The irony is that the Bill does not reduce the time speed up the building of roads, railways, metros projects will spend in the formal planning pro- and airports. In his introduction to the Bill, the cess. The Bill simply changes the process to cut Minister said: “Simply put, this Bill is the key to out local involvement. More crucially, the Bill delivering the infrastructure we will need to sus- does not address the real reasons infrastructure tain and improve our quality of life.” If this Bill projects are being delayed and it will not speed is the key to delivering our infrastructure, why up the delivery of a road, a railway or an airport. did it take the Government ten years to discover This country has a serious infrastructure deficit. that fact and why have three years passed since In its document on the national development plan the Bill was originally announced by the last year, the Institute of Engineers of Ireland Taoiseach in autumn 2003? stated Ireland has a premier division economy The IEI appears to have identified a different with a third division infrastructure. The World cause for the delays in infrastructure. Professional Competitiveness Yearbook 2003 rated Ireland bodies like the IEI sometimes use wonderfully 28th out of 29 countries for infrastructure. Infra- understated language to make the most devastat- structure deficit is a polite term, but hardly the ing political points. Its 2005 NDP submission term most often used to express the frustration states “The Institution is concerned that the of the commuter stuck in Dublin traffic, of the vision and enthusiasm that gave rise to the NDP, business person who tries to get a train from any the NSS and the National Development Finance of our major cities at 8 p.m., of the Internet user Agency has waned”. In translation, that means without broadband waiting for a file to download, the Government has taken its foot off the pedal 449 Planning and Development (Strategic Infrastructure) 24 May 2006. Bill 2006: Second Stage (Resumed) 450 and is not driving the national development plan. Government because this legislation required Ministers are not doing their jobs in terms of nearly three years to be produced. pushing forward the projects for which their Fianna Faíl was founded by a mathematician, Departments have responsibility. so I have a mathematical conundrum for the Let us look more closely at the delays in Minister. If the Victorians could build a railway delivering and upgrading the country’s infrastruc- line from Dublin to Cork and from concept to ture. Why, for example, is Ireland so far behind completion in only four years, why in the 21st with regard to broadband? That has nothing to century did it take Fianna Faíl and the Progress- do with planning or protestors climbing up trees ive Democrats nearly three years to write a Bill in the Glen of the Downs but has a great deal to about speeding up the construction of railways do with the way in which this Government priv- and roads? atised Eircom while failing to establish an effec- This Government needs to catch up on infra- tive alternative for the provision of broadband. structure. The IEI stated: “the country’s infra- The delay on the second terminal at Dublin Air- structure deficit is contributing to the decline in port and the ensuing overcrowding came about Ireland’s international competitiveness, quality of because the Government delayed too long in life and regional balance”. However, if Ireland is making a decision on who should develop the to speed up the provision of infrastructure, it project. The delay at Dublin Airport has nothing needs to change the Government instead of the to do with the planning process. The Dublin planning laws. A club which finds itself in the rel- metro and the rail link to the airport have not egation zone does not seek to rewrite the rules of been delayed on planning stage because the pro- the game but changes the management. I do not jects have not yet reached that stage. Much of the deny that delays arise in bringing infrastructure delay in terms of progressing road projects occurs projects to construction or that changes in the during the design and land acquisition stages. process are necessary. However, the Bill before Most road projects spend more time with design us does not address the real sources of these consultants than with planners. With regard to delays nor does it propose effective remedies. waste infrastructure, the differences that have Some projects are held up because of court emerged within the Cabinet over incineration challenges and delays in the courts. That can and probably caused longer delays than any number should be resolved through the establishment of of objections on the formal planning stage. a dedicated division of the High Court that could The biggest problem this country faces with deal with planning cases. The Labour Party has accelerating infrastructure provision does not been recommending this solution for several arise from delays in the planning process but from years and I am pleased the Minister stated that the lethargy and incompetence of this Govern- arrangements are now being made to facilitate it. ment. It did not produce the national spatial Such a move would not require the amendment strategy until three years after the publication of of planning legislation because we can reduce the national development plan, whereas the delays in court challenges to the planning process reverse should have been the case. The national by speeding up the process in which the courts spatial strategy was then abandoned for the pol- deal with those challenges. itically motivated decentralisation plan This Bill, we are told, is intended to reduce the announced by the former Minister for Finance, time spent by major projects in the formal plan- Mr. McCreevy, in December 2003. Now, the ning process but I fail to see how that will be Government is about to announce a new national achieved. According to the procedure for plan- development plan in chunks that are tailor made ning applications under the current Planning and to be released as the Fianna Faíl general election Development Acts, an application is first made to manifesto before the national spatial strategy has the local authority, which is required to come to been reviewed or renewed. After nine years in a decision within eight weeks. A period of four Government during the best of economic times, weeks is allowed for an appeal to be lodged to Fianna Faíl and the Progressive Democrats now An Bord Pleana´la, which in turn is required to tell us that the delays in providing essential infra- make its decision within 18 weeks. The total is structure are not their fault but are due to objec- approximately seven and a half months. tors and delays in the planning process. There is Under the new procedure proposed in this Bill nothing as pathetic as a Government in power for the following will be the position. The proposer too long that looks for scapegoats for its own of the project will be required to consult An Bord failures. Pleana´la on the project and there is To be fair to the Government, it did not take 4 o’clock an unspecified period of time for a full nine years before the penny dropped with that. After that consultation period regard to infrastructure. It came to that con- the proposer will be required to apply to the clusion after only six years. In October 2003, the board to be considered to be in one of the three Taoiseach told a Fianna Faíl Ard-Fheis that legis- categories that would qualify to be processed lation would be urgently prepared to speed up under this legislation. Again, the period of time the planning process for critical infrastructure for that application is unspecified in the Bill. An projects. Speed must be a relative concept for this Bord Pleana´la then gives notice to the proposer 451 Planning and Development (Strategic Infrastructure) 24 May 2006. Bill 2006: Second Stage (Resumed) 452

[Mr. Gilmore.] mation will be required to be contained in the of the project as to whether he or she qualifies environmental impact statement. With this idea under the so-called fast-tracking procedure under of consulting the board in advance to tell devel- this legislation. The applicant then makes an opers what to put in the planning application they application for planning permission to the board might as well have hired the board to prepare the and there are six weeks for the environmental planning application. The board would be impact study to be examined and ten weeks for steering the applicant and prejudging the process. the application to be referred to the local auth- Section 37G lists the questions An Bord Pleana´la ority for consultation, including the consultation will have to consider when making a decision, one of elected members of the council. It is not clear of which is the national interest. I searched the from the Bill whether these two periods are addi- Bill for a definition of the national interest. The tive, but I will assume they are not. There are 18 national interest is a wide and disputed term. We weeks for the board to make its decision. spend most of our time in this House deciding No matter how one tots that up, and allowing what it should be and we have many different for the most minimal amount of time for the earl- opinions on it. The board will have to take the ier consultation process with the board and the national interest into account, whatever it is sup- application under section 3 to see whether one posed to be, and I would be interested to see the qualifies for the provisions of this Act, it amounts definition of the national interest the Minister to seven months. In both cases there is provision intends to come up with on Committee Stage. for the submission of additional information and A number of changes are being made to the for time extensions. I have been trying to do this role of An Bord Pleana´la. it was established in tot to find out whether this Bill, which is sup- the 1970s by a Labour Minister as a planning posed to fast-track the planning process, does so. appeals board. There was controversy and a need I find there is no time gain in the formal planning for an independent appeals board to hear appeals process under the new mechanism proposed by on planning issues. Applicants for planning per- the Minister. The system is being changed. The mission and third parties who have a difficulty application to the local authority is being cut out with a planning decision can go to an independent and it is only consulted. The involvement of the body to appeal it. This Bill changes the function public is cut out at local level and, critically, the of the board. We have seen many changes in the right to appeal is abolished so a member of the role of the board in recent years, for example, the public will have only one opportunity to express new functions it has been given on the approval an opinion on a project under this system. There of road schemes. However, this legislation will be no right of appeal once a decision is made. changes the essential role of the board from a One would have to go to court after that. planning appeals board to a planning authority The Bill contains a number of provisions to of first instance. It is a dramatic change in the which we will have to give detailed consideration architecture of our planning process and requires on Committee Stage. The first issue is the type of more debate. development that will qualify for this so-called In addition to changing the role of An Bord fast-tracking. It is not fast-tracking but short-cut- Pleana´la, the Minister wants the right to tell the ting to planning permission by direct application board what to do. According to section 37J(6) the to the board. Minister will be able to contact the board to deal The Minister said this is about projects of stra- with a particular planning application immedi- tegic importance. Three categories of project will ately. It states: “Where the Minister considers it qualify for this Bill. Projects of strategic import- to be necessary or expedient that a certain class ance will qualify. According to section 3(2)(b) or classes of application ... are of special strategic, development would qualify if it “would contrib- economic or social importance to the State be ute significantly to the fulfilment of any of the determined as expeditiously as is consistent with objectives in the national spatial strategy or in proper planning and sustainable development, he any regional planning guidelines”. That could be or she may give a direction to the Board that anything. The third category is a development priority be given to the determination of appli- that would have a significant effect on the area of cations of the class or classes concerned, and the more than one planning authority. That could be Board shall comply with such a direction”. The any kind of development, not necessarily infra- Bill provides that the board is to decide the plan- structure but any kind of private development ning application on these strategic projects and, that straddles the boundaries of two local auth- in case it does not, it is required to have regard orities. The definition of what constitutes stra- to the policy of the Government or individual tegic infrastructure is wide. Any development Ministers and to the national interest. Lest the relating to roads and railways, or gas, oil and elec- board fail to get the message in that subtle way, tricity distribution is covered. the Minister retains the right to send a message The provision on environmental impact stud- telling it to bring a particular application to the ies, which appears in section 37D, is interesting. front of the queue. Given that the Minister would Under this section an applicant can request the have such hands-on involvement in the func- board to give a written opinion on what infor- tioning of An Bord Pleana´la, it would be better 453 Planning and Development (Strategic Infrastructure) 24 May 2006. Bill 2006: Second Stage (Resumed) 454 to be up-front about it and say that Ministers will communities and regardless of genuine concerns decide on strategic projects. This would dispel the of those likely to be affected by such devel- idea that an independent body is making these opments. One wonders whether the Government decisions when that may not be the case. came under pressure from vested interests, such The Bill provides for An Bord Pleana´la to as Indaver Ireland, to publish this legislation. This amend planning permission after it has been is the Government that changed the retail plan- issued. If a problem arises with planning per- ning guidelines to facilitate Ikea. The Planning mission, An Bord Pleana´la can retrieve and and Development (Strategic Infrastructure) Bill rewrite the planning permission. This measure, is the practical expression of the Government’s which is contained in chapter 4 of section 25, must opposition to democracy. be addressed on Committee Stage. A vast range of issues are covered by the Bill, In section 15 the Minister proposes to change including incinerators, landfill, thermal power the composition of An Bord Pleana´la. At present stations, installations for the onshore extraction various categories nominate one candidate each of oil and gas, oil and gas pipelines and associated for membership of An Bord Pleana´la. The Mini- terminals. Provisions within this legislation can ster will group these categories and will nominate establish a strategic infrastructure division within two members from the group. This retains the An Bord Pleana´la. This is proof of a response to nomination system but widens the Minister’s the overwhelming opposition of communities to discretion on membership of An Bord Pleana´la. the string of incinerators the Government is try- This marks a step towards membership being ing to build across this State. It is also a response decided on a political basis. to the opposition by archaeological experts and I am interested in hearing the Minister’s views others to the vandalisation of an area surrounding on Committee Stage on the manner in which he the Hill of Tara to ram through a motorway to will proscribe organisations for the purposes of maximise profits for private companies. It is a making appeals to the court. The Minister will reaction to the people of Rossport, who have check its membership, how long it has been in stood up to the might of Shell, which seeks to existence and compliance with rules and objec- run a gas pipeline through their lands beside their tives. Is that provision constitutional, given the homes, regardless of the dangers to health and constitutional right to freedom of organisation? safety. The intention is not to ensure “the right I welcome section 9 of the Bill, which the Mini- infrastructure in the right place with the minister introduced in response to the Labour Party mum of impact on the community and the envir- Private Members’ Bill that passed Second Stage onment”. It is exactly the opposite, designed to in the Da´il. Its aim was to require rogue devel- quash opposition to such projects where oppo- opers to complete housing estates, allowing local sition is based on health and environmental con- authorities to refuse them future planning per- cerns or concerns about the destruction of sites mission if they did not do so. The onus of going of historical and archaeological importance. to the court, currently on the local authority, will We must reform the planning process to allow be reversed. health and environmental considerations to be I am disappointed the Minister has not taken taken into account and examined. These include the opportunity to address the problem associ- the concerns of local communities about infras- ated with management companies. I intend to tructural developments. The legal challenges return to this on Committee Stage. I will table cited by the Minister as the reason he brought amendments on the need to abolish the planning forward this legislation could be avoided if health fee. In any event, we will be forced to do so when and environmental concerns were examined and the European Court of Justice decides on the case considered as part of the planning process. before it. I will also table amendments to address In the case of the proposed incinerator in Rin- noise pollution and the need to amend legislation gaskiddy, County Cork, An Bord Pleana´la to require developers of telecommunications decided to overturn the local council’s decision to masts to apply for planing permission. The refuse permission to construct the incinerator. development, extension or replacement of tele- The decision of An Bord Pleana´la was taken communications masts causes many problems, against the advice and recommendations of the including one such case in my constituency. I board’s senior planning adviser, Mr. Philip Jones. intend to table an amendment so that such masts The decision was at odds with the Cork develop- are subject to the full planning control system. ment plan and the Cork area strategic plan. One reason the board gave for its decision was that it Mr. Morgan: I wish to share time with Deputies was precluded from considering matters relating McHugh and Cuffe. to risk of environmental pollution. The appeal My party is opposed to this legislation, the board was restricted to dealing with matters brainchild of those irked by delays resulting from solely related to planning concerns despite the what they regard as annoying democratic input to legitimate health fears of Cork people about the the planning process. It is designed to facilitate incinerator project. ramming through unwanted infrastructure, such Another example is the Carrickmines debacle, as incinerators, against the democratic wishes of which could have been avoided. The report of the 455 Planning and Development (Strategic Infrastructure) 24 May 2006. Bill 2006: Second Stage (Resumed) 456

[Mr. Morgan.] in the planning process. There are deficiencies in inquiry by the European Commission into the that process, but this does not address them. south-eastern motorway found a number of While genuine health and safety concerns con- shortcomings in the environmental impact study, tinue not to be considered, concerned individuals including a defective non-technical summary, and communities will continue to use every avail- underestimation or omissions regarding the able avenue to challenge questionable devel- impact of the development, an insufficient histori- opments. When official avenues of input and cal study and a lack of thematic maps. appeal are closed to them, they will take to the It is easy to blame protestors and objectors but streets and engage in protest activity. The only many problems arise from failure of the planning way in which the difficulties encountered to date process. This legislation attempts to remove can be resolved is by ensuring that communities democratic input, compounding the situation have their concerns listened to and considered so where local authority representatives were that there is full public confidence in the plan- stripped of powers with regard to waste manage- ning process. ment plans to advance the incineration and waste I hope the Minister has deduced my opposition charge agenda. Under the Waste Management to the legislation. Act 1996 and the Protection of the Environment Act 2003 the making, review, variation and Mr. McHugh: I welcome the opportunity to replacement of waste management plans has speak on this Bill, which has been a long time in become an executive power of unelected and gestation. A very macho assessment of it would unaccountable city and county managers. These probably suggest the response that we have suf- powers should be reinstated as a reserve function fered long enough at the hands of cranks, do- of democratically elected local representatives. gooders and other idealists, that we should adopt The Planning and Development (Strategic the legislation and go full steam ahead, riding Infrastructure) Bill 2006 cannot be used to over- roughshod over all and sundry. However, we ride wholesale opposition to incineration across must pause and give full consideration to the the State. It will not make people drop their Bill’s implications. vehement opposition to incinerators, which There is no doubt that it would restrict demo- produce toxins detrimental to the health of those cratic rights that we have enjoyed in the planning communities in which they are sited. Incineration process since the first Local Government flies in the face of any real environmental waste (Planning and Development) Act 1963 was management strategy and locks us into disposal passed. If enacted, it would not only restrict as the primary approach to waste management. It democratic rights but remove decision-making creates a major disincentive for the reduction and from the locality to the centre, away from the citi- recycling of waste, as incinerators must be fed zen and to a faceless body in Dublin, an official large volumes of waste to remain viable. We need of which will breeze in and out of areas without proper commitment and investment from the reference to or engagement with locals. Department of the Environment, Heritage and The Bill changes the long-established pro- Local Government and a waste management cedures and planning law whereby one had local policy based on reduction, reuse and recycling, assessment and adjudication of all projects fol- guided by the ultimate goal of zero waste. lowed by the second layer of an appeal process One issue of concern on which I would like to to a national body. At a single stroke, the Bill touch before concluding relates to the types of removes the local tier of the planning process projects that this legislation is designed to fast- where citizens had the freedom to visit planning track. Included among the infrastructure devel- offices, inspect documents and discuss projects opments to be expedited is an industrial instal- with local officials. It turns the principle of subsi- lation for the production of electricity, steam or diarity on its head. hot water with a heat output of 300 MW or more, I have focused on it restricting democratic allowing almost endless potential. One might rights pertaining to planning that we have reasonably ask if that means that the new division enjoyed for decades, a fact beyond dispute. The could be used to override public opposition to question arises of whether such a restriction is nuclear power if the Government desired to pur- required in the national interest. Consideration sue such an agenda. Might a nuclear power suggests two answers, “yes” and “no”. The two station be fast-tracked under this provision? I contradictory answers arise because of the two look forward to the Minister’s reply. categories of persons who feel that their rights Had this legislation been in place in the 1970s, are being curtailed. would we now have a deadly nuclear power One category, for want of a better description, station at Carnsore Point? I do not doubt that is that of the professional objectors, who trans- former Deputy Des O’Malley would have used it port themselves from one proposed development when Minister for Industry and Commerce. The site to another and raise what appear to the aver- public must be warned of the dangerous impli- age person to be flippant, somewhat irrelevant cations of this anti-democratic legislation, which issues. Some of those people pose and like to be will serve only to erode public confidence further seen as the defenders of our country in all things. 457 Planning and Development (Strategic Infrastructure) 24 May 2006. Bill 2006: Second Stage (Resumed) 458

It is also a fact that some have no connection with the western rail corridor. One would have this country, and certainly not with the localities expected the Government to be keen to show in which developments are proposed. The restric- that the new strategy was serious, delivering tion that the Bill will impose on those people’s balanced regional development. Its decision to democratic rights is required in the national reinstate the western rail corridor should, there- interest, and it is a step in the right direction in fore, have been accompanied by a decision to that regard. commence work immediately on the entire pro- The other category of person to be affected by ject, with a commitment to complete it within a the Bill is that of local people resident in an area realistic timescale of perhaps two years. for their entire lives, who have enjoyed certain Imagine my disappointment to discover the residential amenities, improved their properties, western rail corridor would not be complete in contributed through voluntary effort to the two years, and would be finished only as far as creation of a better community environment, and Claremorris by 2014. That is ten years after the who feel all they have worked for during their decision to allow it to proceed, which is nonsense. lifetimes will be at best seriously damaged and at If any illustration is needed, that clearly shows worst destroyed. I believe unequivocally that the the Government is not serious about develop- restriction that the Bill imposes on those people’s ment of the west. There is no reason for this pro- democratic rights is not required in the national crastination. This western rail corridor project interest. Their rights should not be compromised does not even need planning permission to pro- when it is considered. ceed. There are no blockages, objections or The Bill’s import is required in certain circum- appeals but simply Government disinterest. stances, but we must be careful of dismantling all I will give another example to illustrate the use- planning procedures, which brings with it the lessness of the national spatial strategy. Tuam is prospect of extinguishing the rights of native citi- the only town in County Galway to be included zens, whose lives will be affected and who will in the spatial strategy as a hub town. Therefore, have to cope with the stresses that a major infras- one expects that the Government in its decisions tructural development will impose on them for would take this into account and would endeav- the remainder of their lives. Those people are our to ensure basic infrastructure would be pro- entitled to every opportunity to have all a provided to ensure this town develops as envisaged ject’s full details presented in a manner allowing in the national spatial strategy. Imagine my aston- them full opportunity to make an informed ishment when the Government was approving assessment, contribute views, engage in dis- five towns in Galway to be provided with a cussion, seek clarification, and make appeals. metropolitan area network broadband infrastruc- My contribution thus far has related to the very ture, which was very welcome, that the only town delicate balancing act between the rights of the included in the national spatial strategy was the individual and the national interest. One could be one main town not to receive a MAN. That forgiven for assuming I do not want vital infras- clearly illustrates the Government disconnection tructural projects to proceed as quickly as pos- from the objectives of the national spatial sible. That is not true, since I want progress, but strategy. I also want the rights of indigenous people to be Section 8 proposes to bestow a power on the protected. Both aspirations can be accommo- deciding authority to impose a condition on the dated and progress made. granting of permission regulating the develop- Dealing with certain specific elements, I refer ment or use of land next to land proposed to be first to section 6, which amends section 2 of the developed and in the same ownership. I disagree principal Act by inserting several new definitions, with this provision. The deciding authority’s including a definition of the national spatial decision should only relate to land the subject strategy. The strategy was unveiled in a blaze of matter of the application. glory by the former Minister for the Envir- Section 9, which amends section 35 of the prin- onment, Heritage and Local Government, cipal Act, is very welcome. This section will Deputy Cullen. It was to be the cure for all our enable the planning authority to refuse per- ills, delivering balanced regional development. In mission to a developer on the grounds of his or summary, we would never see a poor day again. her past history of non-compliance with planning. Irrespective of where we lived, all would be This, if implemented by the planning authority, treated equally, reaping the benefits that the will have a major impact on ensuring that the ambitious, futuristic strategy would bring to our blight of unfinished housing estates will be con- country. siderably diminished. However, there is no point Imagine the disappointment of a nation subject including a provision such as this if, when it to such hype when the national spatial strategy comes to the practicalities of implementing it, we became an orphan, having been abandoned by are told by the authorities that they do not have the Government. I will give the House two very the personnel to carry out inspections so that it relevant examples of the Government’s desertion can be implemented. of the plan. After the national spatial strategy had There is certain merit in this Bill where there been published, a decision was made to reinstate is unnecessary delay in some vital projects. 459 Planning and Development (Strategic Infrastructure) 24 May 2006. Bill 2006: Second Stage (Resumed) 460

[Mr. McHugh.] in central Dublin as it would upset the motorists. However, I put it to the Minister that there are That is the fault of Fianna Faíl and the Progress- many projects in his Department which are not ive Democrats. That is why one gets off the Luas being held up by protestors or subject to oppo- in St. Stephen’s Green and must walk the best sition and which are vital for the prosperity of part of a kilometre to get to the red line in the this country but which are being held up by him middle of city. That is a lack of coglioni, as the because he will not approve them. In my constitu- Italians would say. It is a lack of ministerial com- ency we have the ridiculous situation where the petence. That is not an issue of planning but is an Minister has, for example, in relation to vital inability to tackle the difficult issues at the outset. sewerage schemes such as Dunmore and There is a problem with poor management, the Kilkerrin, approved the civil works which are Dublin Port tunnel and the electronic voting pro- under way on site but he is still pondering on the ject. These projects are not the result of poor decision to approve the treatment plant element planning or a slow planning process. It is a politi- of those schemes. Again, this is an example of cal problem which needs strong management and cock and bull planning. strong political resolve to address it. Kinvara is another case in point. The Minister The legal challenges are well known. We know is deliberating on this vital sewerage scheme a petrol station and a few other objectors held up while the waters around Kinvara are being the M50. The Minister’s answer was that it was destroyed by pollution from untreated sewage all down to a few tree huggers, but it was not. It being discharged into the bay. We will have was down to High Court challenges from land- further debate on this Bill in future but, in the owners. The Minister thus far has done little or meantime, I would appreciate it if the Minister of State, Deputy Noel Ahern, would talk to the nothing to address that. He has made all kinds of Minister, Deputy Roche, so that he would grandiose statements about how he will give more approve the Dunmore and Kilkerrin treatment powers to the courts. He does not have the com- works and the entire Kinvara sewerage scheme. petence to address that issue and he has not provided for it in the Bill. Three of the main issues Mr. Cuffe: When the Minister praises the have not been addressed in the legislation. Green Party, as he did earlier, one knows he is I wish to be a slight contrarian for one moment. up to something. Should all the major projects be flicked through at the stroke of a pen? Perhaps we should take a Mr. Gilmore: He is keeping the options open. bit of time to decide on some of these larger projects which will be in place for 100 or 200 years. Mr. Cuffe: I was flattered by his conciliatory If these types of projects will be in place for our remarks about our sensible concerns regarding children and our children’s children, let us slow the Bill. However, let me reiterate, this Bill is an them down a little and make the right decision, attack on democracy, it emasculates local auth- not just a quick one. I am not convinced this Bill orities, sidelines little people and turns the Fianna will do that. Faíl tent at the Galway Races into a permanent This Bill will take away one level of decision pavilion and institutionalise it. The Minister may making. It is a bit like removing the Circuit Court well argue there is nothing wrong with the tent. or the High Court from the courts structure so He will argue that the big boys and girls need that everything must go straight to the Supreme access to power and privilege, but so do the little Court. That is not right. The big projects need people. This Bill will look after the big guys but to be carefully considered. If they were, the M50 will sideline the communities and the people who would have gone around Carrickmines and the need support from the planning process. N3 would avoid the royal demesne at Tara. This Perhaps we need to speed up some of the archaeology has been here for hundreds and, in major infrastructural projects. I agree with the Minister that things should move more quickly some cases, thousands of years. It does not make in certain circumstances but, curiously, even he sense to plough projects through without tiptoed very carefully around the suggestion that adequate consideration or assessment. Rome was planning is the problem. He merely stated that not built in a day, and rightfully so. The good planning could potentially act as a barrier. What things perhaps need to be thought about is the problem? Is it that the planning process is carefully. not moving quickly enough or is it that the Mini- By all means, let us speed up the right projects. ster and his pet projects are not moving quickly I am glad the Minister of State, Deputy Noel enough? Ahern, is in the House because he would do well The problem is ministerial incompetence, poor to speed up the type of housing projects which management and legal challenges to projects. The have never seen the light of day and the grandi- Luas lines in Dublin do not join up. That was not ose aspirations of the national development plan about bad planning but about ministerial incom- which are not met in reality. How about speeding petence and Senator O’Rourke and the Tańaiste up the Navan rail link, new schools and health doing this sweetheart deal because they felt it facilities? Those are the types of projects we need would be a bridge too far to join the Luas lines to speed up. 461 Planning and Development (Strategic Infrastructure) 24 May 2006. Bill 2006: Second Stage (Resumed) 462

There is also a more sinister aspect to this Bill. down to make space for re-routed electricity It takes power away from local authorities. We pylons. This went through a planning process but should forget about the Minister’s broad assur- there was no site notice which made it difficult ances that there will be consultation. It will not for people to comment. take place and if it does, it will simply be a token Every planning authority in the country gives a gesture. The Minister said An Bord Pleana´la will different answer to the question of whether one have to have regard to the views of local auth- needs planning permission to put solar panels on orities. That exact phrase was used in earlier one’s house. Let us exempt solar panels on ordi- legislation and when a court case was brought in nary buildings. The Minister might take that on respect of the regional planning guidelines for the board. greater Dublin area, the courts had to have We need more, good planning. The decentralis- regard to the regional planning guidelines but ation programme filleted the national spatial could then set them aside — in other words, com- strategy. There is no meaningful planning at pletely sideline them. This Bill completely sidel- national level and future generations will pay the ines local authorities. It takes power from local price for that. We need to make the right government and centralises it with An Bord decisions in a timely way, but this Bill will con- Pleana´la. That has happened time and again solidate power at the centre and reduce the under this Government which is centralising ability of ordinary individuals to have a say in the power because it is afraid of local democracy. planning process. That is a dangerous thing to do. The legal challenges could be dealt with by Mr. Dennehy: I welcome the opportunity to establishing a separate division of the High Court speak on this Bill. I agree with the Minister’s but that is not coming through. Communities opening comment that this is one of the more need to be fully involved in the planning process. important Bills to be introduced during this term. The Minister knows from his own backyard in Several speakers have been selective in Bray how difficult it is for people to access the attempting to prove to us that there is no need planning process. Bray Golf Club sold its lands to for change while simultaneously ridiculing the a developer who wants to build a shopping existing system. That two-faced approach to so centre. This might be a great development but it many issues is a problem with which we must is in the wrong place because it is located on the deal. flood plain in the middle of Bray. To object to The primary purpose of the Bill is to provide that, Joe Public must pay \20 each for three or for the introduction of a streamlined planning four separate applications which amounts to \80. consent for strategic infrastructural development That may be small change for the Minister and which will be achieved through a new strategic me but it is a lot of money for the ordinary objec- infrastructure division within An Bord Pleana´la. tor. The objector must then make three full The Bill allows for changes needed to the 2000 appeals to An Bord Pleana´la, which brings the Act. It also provides for a specialised planning total to \1,000. That takes planning out of the consent procedure for major electricity trans- hands of ordinary people. mission lines. It amends the Transport (Railway The amount of time and money needed for the Infrastructure) Act 2001 to provide that An Bord planning process are making it inaccessible. This Pleana´la will approve railway orders. It amends Government introduced the fee of \20. I hope the the Acquisition of Land (Assessment of European Commission insists on its removal. The Compensation) Act 1919 to provide for the com- Government should set up community technical pensation that will be assessed for the substratum aid such as exists in the United Kingdom and on of land. This issue has arisen only in recent years a limited basis in inner city Dublin. Communities since the question of the metros and so on arose. need to be given the resources to assess It should probably have been dealt with then. adequately the planning issues coming before We can have a good discussion on this Bill and them, but the Bill does not provide for that. on many related matters, some of which have Certain issues should be included in, and others already been raised. It is good to engage in such removed from, the provisions for exempted a timely and important debate. The people who development. Deputy Gilmore referred to mobile whinge about bringing in legislation will complain phone antennae. It is crazy that a dozen antennae if we lose industry or if tourists cannot come here can be added to a mobile phone mast without because the roads are clogged up and so on. planning permission. Mobile masts such as that Those are further examples of wanting to have it outside the Garda station in Shankill make the both ways. British Army watchtowers look like rabbit’s ears. This Bill is essential and is approximately ten That should require planning permission and years too late. Much of the action outlined here exemptions are unacceptable. should have been taken a long time ago which Electricity pylons should go through the plan- might have prevented the waste of billions of ning process. Hundreds if not thousands of trees euro in time lost through objections, missed were felled at Carrickgollogan Woods to facilitate opportunities and traffic being clogged up. In the a golf course. On Coillte lands trees are knocked 1990s we could not carry out energy-related infra- 463 Planning and Development (Strategic Infrastructure) 24 May 2006. Bill 2006: Second Stage (Resumed) 464

[Mr. Dennehy.] pollution from cars, I must then accept that I will structure projects which crossed the Border live in a wilderness without a job. If this is what because of the probability of their being blown somebody wants, so be it. Let him argue the up if they went ahead. That included the infra- point. It is not a logical argument and one cannot structure for natural gas and electricity and would have it both ways. It is hard to accept it when the probably have affected other joint proposals too, same individuals are found on both sides of a such as water schemes. given conflict. They support the objectors but at There were many other impediments to the the same time want to be seen to be to the fore provision of infrastructure, particularly in respect in requesting the proposed facilities. One or two of transport and energy. People have had to take Members have tried to do this in their contri- sides, in which they might not always believe, on butions. Why should facilities exist in one county some of the issues. We need a forum, such as this and not in another? Bill provides, for a full discussion, and hopefully, Being on both sides of an argument can often eventual agreement on what we want by way of result in short-term political gains but, as seen the provision of such facilities for the public. many times, it does not always lead to a lengthy Someone referred to the rights of the individ- career in politics. There are times when positive ual over those of the public, which we need to political leadership is needed and it may not discuss, but there must be a balance. We cannot always involve a populist approach. Some have say every time somebody objects to an issue that learned this and others have not. We need to get we will go along with that because the person has on with the work but it will not always be popular a God-given right to object. Deputy McHugh said to do what is correct. there are positive and negative responses to ques- There are many reasons this Bill is necessary, tions on this Bill. Many individuals express a wish one of which is that it will eliminate the circum- to have things both ways. For instance, we need stances under which a planning application can be to highlight the conflict between people express- delayed for years through the pursuance of many ing concern about the number of fatalities and avenues of objection. I am not exaggerating in serious car crashes on some second class roads saying this. One only has to bear in mind those and the objectors who delay work to provide who resorted to the European Court of Justice, superior and safer roads. for example. Delays should be eliminated in all The Green Party in particular says there is no cases, irrespective of whether planning per- need to waste billions of euro on the roads but I mission is granted or refused. I am not saying often drive from Cork to Dublin and I am every application, be it on the part of the State entitled to have the best possible standard of or anybody else, should automatically be granted. road, namely, a good dual carriageway. That has There will be cases in which projects should not been proved to be the safest road to travel. I am go ahead. Regardless of the decision on an appli- entitled to one, as are drivers in all other parts cation, it should not be possible to drag out the of the country, be it County Meath or elsewhere. planning process for a number of years. Doing so People are entitled to public safety provisions and is illogical. Irrespective of whether individuals or this must be taken into consideration. I argued groups are involved in making an application, the this point regarding the delays in Kildare. I felt process should be subject to a reasonable time the slugs or worms that were found during the limit so a final decision can be made one way or construction of the bypass were being put ahead the other. of the safety of the public. I took the opportunity It is wrong that the planning process can be to sit in the middle of Kildare town a few times dragged out to the extent that a project can while on my way to Dublin just to observe elderly become non-viable or be affected so adversely as people trying to cross the main street. The way to be not worth pursuing. We are well aware that the public, especially the elderly, were treated in this can happen. Instigating delays seems to have trying to strike a balance between environmental been a particular strategy in one or two cases concerns and safety concerns was scandalous. such that the applicants were simply forced to There are many other points of conflict we abandon their projects. In the longer term, we could examine, including those that arise in areas will suffer for having adopted such approaches. with a ban on mobile phone masts, as referred to Deputy Ned O’Keeffe is well aware of the fate by Deputy Cuffe. It is perfectly legal to have such of the beet-growing industry, as is Deputy a ban but it can be seen in a different light on Connaughton. We saw what happened to it in two foot of complaints about the lack of a phone months or less and, therefore, those who believe reception in the same area. The same people we will never again see a poor day will get a sur- complain about both mobile phone masts and the prise at some point in their lives. We must maxi- lack of a reception. Complaints may arise because mise our potential but we have not been doing so of the lack of employment in an area. Potential by allowing some of the carry-on that has employers will be reluctant to locate in an area occurred. without essential and basic facilities. Individuals have said to me at times that delays If I want an area sterilised of all contaminants, in State-sponsored projects are all right because such as phones, phone masts, roadways and oil the State is paying for them, but they should 465 Planning and Development (Strategic Infrastructure) 24 May 2006. Bill 2006: Second Stage (Resumed) 466 realise it is the taxpayer who is paying. In some I am glad the Bill allows for greater input from instances, the taxpayer has had to pay too much local councillors. It is very important that they because of a system that allows for tactics that have an input. Their input in the past may have were never intended when the original legislation been tarnished by the activity of a small number was passed. We know of challenges to appli- of councillors in one or two authorities. The input cations that were based on very technical matters. of councillors was also damaged by the overuse, Some believe that once such a case goes to court, in one or two councils, of what were known as the toss of a coin decides whether one’s appli- section 4 motions. In discussions on such issues, cation will be favoured. one seldom refers to material contraventions to This Bill requires much discussion and it should the local plans, which almost invariably emanate result in a fairer method of dealing with specific from city and county managers. They propose types of planning applications. It is a question of material contraventions that are usually much specific types of planning applications and not of more significant and likely to change the develop- putting a reception mast on one’s roof, as ment plan than any proposed by a councillor. referred to. It is matter of major planning appli- This has given rise to concern. The city and cations for projects of strategic national import- county managers’ material contraventions can ance. The majority of Members want to see have a great effect on the areas they cover but changes to curb the existing potential for drag- never draw the unfavourable comment other ging out the process for what most would deem planning activities seem to draw. On many to be an unacceptable period. The length of the occasions I have questioned An Bord Pleana´la timeframe can be discussed and, I hope, agreed and the rest on the Committee of Public to. I appreciate that the Minister is designating 16 Accounts about the use by management of these weeks as the period in which the process should section 4s. It is time the public got a better be completed. There may be occasions when this balance in the planning process. I particularly will not be suitable but party spokespersons can welcome the inclusion of that section. make a case in this regard on Committee Stage. People may say they have had an impact on the I welcome the fact that Fine Gael has generally formation of five-year plans, but for many welcomed the Bill but I am concerned that its reasons that is only part of the process. They need spokesperson went off on a tangent about shop- to have specific input into large pro- ping centres and related matters. These are 5 o’clock jects as they crop up. The five-year clearly not covered by the Bill. The spokesperson development plan is usually a type of said Fine Gael wants a metro, a major road net- wish list. The term “may” is used as often as plan- work, hospitals, etc. and, as the song goes, so do ners can include it because it gives them the all of us. This Bill is an attempt to ensure that we opportunity to decide “yes” or “no” on particular get these facilities when we need them and not issues rather than the elected members. It is time after many years of delay, which has happened we re-introduced this for the elected members to with too many projects. let them have a say. It is they who must face the Deputy Cuffe suggested there were no delays public. Members of other parties referred to the in the process pertaining to the port tunnel and local community not having a voice or represen- that it was a question of bad management. There tation, as if the public representatives were were delays and major arguments about compen- elected by people from Mars or somewhere, and sation and the ownership of the ground under the were not part of the process at all. I am glad we affected houses. This Bill, if it had been enacted, are changing that. would have put in place a process to deal with We heard this morning about one of the down many of these arguments and, therefore, the sides of the present situation. Deputy Healy-Rae Deputy is incorrect to suggest there were no referred to a situation with which we all disagree, delays. There were also delays in the planning but concerning which we are helpless. Somebody process pertaining to many other facilities needed living in Donegal or someplace can object to a by the public. We must deal with the issues that person’s application in Kerry, and has the same arise, regardless of whether they arise in my con- degree of input on the planning application as stituency or anybody else’s. someone living next door to the applicant. That There are very welcome changes in the Bill and is crazy, and it has been abused. We must exam- I am surprised more Members did not refer to ine issues such as that and see if we can put them them. Deputy Gilmore welcomed section 9 which right, as they crop up. We should be somewhat deals with rogue developers. We have argued that more flexible in our approach and review the those who half build an estate or fail to complete planning legislation on a five-year rolling basis, or one should not get planning permission for a something like that. Compensation for land development next door or anywhere else. When issues, for example, were dealt with as long ago we raised this point over the past 20 years, we as 1919 and we are only now catching up with were invariably told it could not be taken into that, in planning for the metro. We should update consideration and I am therefore glad the posi- and review some aspects of the legislation much tion has changed. more frequently. 467 Planning and Development (Strategic Infrastructure) 24 May 2006. Bill 2006: Second Stage (Resumed) 468

[Mr. Dennehy.] the personnel. We have the talent in specific There are very positive issues within this Bill. areas, engineering, transport or whatever. It is The primary one, however, is that it will put the vital that we have the talent available within the country in a position to compete. I have men- special unit and that we are able to employ the tioned the loss of the beet industry. We could lose people we need. When we checked with the much more. We will lose tourists because we National Roads Authority, for example, we found cannot facilitate them or transport them around it had plenty of engineers but not the people with and we will lose industry because nobody is willing the cost accountancy expertise needed for the to become bogged down in planning. On one trip level of expenditure in terms of the enormous abroad representing our committee, I asked about increase in funding over the past six or seven the development and building programme for a years. When up to \24 billion is being spent on project and how long the process would take if one major infrastructural projects, the very best is came up with a prototype. The answer was nine needed, and we must ensure that the people days, for everything — planning, supplies, elec- employed in the special unit to deal with the stra- tricity, anything one wanted would be up and run- tegic issues being put forward, are of the highest ning within that time and dealt with. Here it would calibre. We cannot allow any backlog to develop take three months to make the application alone. at any point in dealing with this. In the past if If we cannot compete, we will not get the jobs or somebody wanted to build a kitchen, say, a mod- the industry. If we cannot supply power or have est enough development, an objection might be stoppages on the railways, as we did last Monday raised and it would end up in the Bord Pleana´la and Tuesday, we will not get the tourists. If we pile, just the same as objections to the metro, if have a breakdown in power supply, for whatever there is an objection to that, as was mentioned by reason, we will lose industry. We saw Fruit of the the Fine Gael spokesman earlier. Those two cases Loom finally closing the other day. Everybody will take their place, equally, in the Bord Pleana´la knew it was coming, for different reasons. pile and that is a crazy situation we should not However, that is what will happen. We will have tolerate. This Bill will change that, and I wel- the same people who want to give the objectors come it. somewhat more powers whingeing and whining. Speaking of ability, expertise, and so on, a That is the other side of the coin. different type of process is needed for back kitch- Deputy Cuffe referred to the young people and ens or minor developments — or even housing future generations. We want them to have a pros- developments, regardless of their size — to deal perous future, as we have had for the past ten with pylons, gas lines and so on, just as happened years, so they do not face the type of future I with the courts. A commercial division was intro- faced when I had to emigrate, along with others, duced in the courts to get consistency and to many of whom did not come back. I do not want apply the expertise that would enable case- future generations to face that future because I related profiles to be built up. We need the same failed in this House to make provision for power, with planning. We had enormous claims because the gas lines and the road network to transport An Bord Pleana´la overturned some inspector’s goods, along with the facilities for carrying tour- report. This happens with large and small issues. ists and the rest. I have a role to play, namely, to The board will overturn reports in many support the implementation of this Bill, which I instances. Otherwise, one could argue that the hope will be enacted shortly. single inspector should have the final say, rather There will be long discussions on it and con- than An Bord Pleana´la. Logically, when a person cerns will be expressed. The Minister for the reports back, the board can decide to change the Environment, Heritage and Local Government, ruling and in a large percentage of cases it has Deputy Roche, who is doing an excellent job, will done this. We have evidence for that and it will be quite willing to take on board any logical and continue. reasonable amendments. Apart from a small I wish the Minister well with this and An Bord group that, perhaps, makes a career out of sup- Pleana´la well with its future. I hope we will satu- porting objections, 95% of elected Members of rate the board with projects. I hope it will be up the Houses of the Oireachtas totally support the to its tonsils with work because we will spend that concept of being able to provide the necessary \24 billion. Everybody in these Houses must be strategic infrastructure this country needs supportive to ensure that facilities are in place to although there may be arguments about amend- analyse and assess each project and give a speedy ments, small issues or topical matters Members decision on it. Otherwise, we will find ourselves many want included. disadvantaged when the likes of China and rest As I pointed out to the Minister my big con- start to take off. As an island, Ireland is handi- cern is about staffing. I am glad he has made a capped in having to ship everything in and out. start in this regard by increasing the membership Up to now we have been able to compete by of An Bord Pleana´la from seven to nine. We need using the education, ability and natural talents of to do much more, however. We had 78 planners our people. However, if we do not speed up and from the UK commissioned to work on projects drive on projects and continue to allow individ- for An Bord Pleana´la, because we did not have uals to delay us, we will be in big trouble. 469 Planning and Development (Strategic Infrastructure) 24 May 2006. Bill 2006: Second Stage (Resumed) 470

I welcome the Bill and look forward to the league that we need a provision in legislation to debate on Committee Stage. overcome this group of objectors. Many aspects of the Bill will need close scru- Mr. Connaughton: This legislation may be tiny on Committee Stage. The Minister seems to beneficial as some aspects of the Bill could be give the impression that the only problem with useful to our future economy. I have, however, delivering the infrastructure we need so badly has some deep-seated doubts about it, on which I to do with planning. This is one of the problems, will elaborate. but not the only one. Several speakers have out- Everybody is aware of the remarkable changes lined graphically the other difficulties that delay that have taken place in the country in the past developments. It seems no Minister is in charge. ten to 15 years, especially in the past five or six One would wonder how it takes so much time to years. We must understand that whatever infra- deliver even small projects. structure worked for us when we had a popu- Let me give an example of a small-scale project lation under 4 million is now creaking and will that illustrates this. Five or six years ago some- not work when we have 5 million. Census figures body at the Department of the Environment, show that by 2020 — a short time in terms of Heritage and Local Government came up with planning — the population will have risen to just the good idea of design, build and operate over 5 million. We need to relate this growth to schemes. This was tried by Galway County towns and villages and be aware of the planning Council in the case of a combined project for required for this number of people. We must three villages: Kilkerrin, Dunmore and Leenane. realise that most major projects being thought of These villages had no sewerage schemes or now will not be delivered for approximately 15 development for years. It was decided the three years. Against this background I understand from villages would get new facilities and the Minister where the Minister is coming with this Bill. of the day announced the money was available. The strength of an economy is based princi- After several false starts the development was pally on the ability of industry to grow and pros- divided into two separate contracts, one for the per and on the ability of the education system to civil contractors to lay the pipes and the other to train workers for this industry. If we are to have a different contractor for the sewerage facility. It balanced regional development, every area of the may be difficult to believe, but the three villages country must be made as accessible as possible. will soon have the pipes laid and that contract completed, but there is no sign of approval for The people have been sickened by some of the the contract to deal with the sewerage facility. highly visible confrontation that has taken place Talk about half a job done. It has taken five years in planning matters. Let us take the example of to get this far and I am told it could take another Carrickmines. I do not know all the details but I year before the project is completed. How can know of other developments that were even we expect the public to have confidence in any slower. While there were some justifiable reasons Minister or Government that would allow this for objections to the development, the greater happen? good of the community was stymied. The objec- Imagine the situation when we transfer this tors went too far. experience to the national scene. I remember I remember using the road from Bray through being at a press conference in 2000 where it was the Glen of the Downs to Wicklow town. One declared that the national development plan certainly needed to have a loose time schedule would deliver the N6, from Dublin to Galway when travelling that road, but its development city, by the year 2006. What have we got? We was delayed for years by the so-called eco-war- have a small part of it, but the major part will not riors. Every aspect of the planning procedure was be completed until 2010 or 2011. Why do we have exhausted repeatedly before the development traffic jams in all our towns and cities every could proceed. At the conclusion, it was clear the morning and evening? We can rest assured that development was for the greater good and that what has been happening will not change over- any damage caused was minimal compared with night, even if this Bill is passed. what the protesters said it would cause. It would I am not sure what has gripped the Govern- be a different matter if the area had been ment. There must be some strange reason for its destroyed because a road was built through it, but inaction. Its failure to deliver the projects needed that did not happen. cannot be blamed on a lack of money because we There are two main types of objectors. It was have never had as much money. We are able to said previously that there is a type of professional throw money at everything we can think of. The objector who, if he or she cannot find something people will give their verdict on the Govern- to object about in one part of the country, will ment’s handling of this matter in the next 12 turn up in another. Objecting seems to be these months. They will say they were led to believe people’s full-time occupation. I am not sure it is during the years that it knew what is was doing a pensionable job, but they are fond of it. These with the projects, knew what had to be done and objectors have no interest in the local community had the money to do it, but it was unable to and follow their own agenda. I agree with my col- deliver them. It is clear it does not have the will 471 Planning and Development (Strategic Infrastructure) 24 May 2006. Bill 2006: Second Stage (Resumed) 472

[Mr. Connaughton.] in such matters. I do not think that is good, and the ability to deliver what is needed. The however. There is a need for a consultative debate on this Bill, parts of which anybody could approach in cases of projects of dramatic signifi- subscribe to, needs to be viewed in that light. If cance. If such a case arose in County Galway, for the Bill is passed, I sincerely hope the Govern- example, there should be some sort of conduit ment will take note of the factors we have dis- to allow all the national representatives of that cussed — Deputy O’Dowd mentioned some of county, from all parties, to make some sort of them this morning — and do its job in a business- input into An Bord Pleana´la’s decision on the like and efficient manner. It is obvious that is matter. I do not think there would be anything not happening. wrong with this. This Bill will increase the powers of An Bord Another important aspect of this matter to Pleana´la, in effect, in the same way as increased which many speakers have referred relates to responsibilities were given to the National Roads what has not been done and what could be done. Authority. The concept is the exact same. Legis- When something is being proposed for an area, it lation of this nature sidelines the local authorities is important to take account of the manner in — they are relegated to a lower division than they which the case is presented. There can be outright are in. There was a huge debate in this House in opposition to proposals in local communities. 2003 when the waste management legislation was Such cases are often difficult because there can being considered. It was decided at that time that be huge conflict between local interests and the executive power would be given to the county national interest. I am not silly enough to believe managers. That meant the thoughts of local auth- agreement can always be reached if enough dis- orities were taken out of the equation when cussions, deliberations and consultations take decisions were being made on landfill sites, etc. place. We know it is sometimes difficult to reach What is happening in this legislation is even more agreement. I give the Minister of State a word of insidious in so far as the local authorities are warning. If local communities feel the general concerned. idea of a project is to shaft them, to use a vulgar We should call a spade a spade — there is no expression, there will always be local agitation point in saying that the local authorities will be against it thereafter regardless of what is done to fully informed of what An Bord Pleana´la will do, resolve the problems. that they will have an important role in the We are familiar with such difficulties in cases board’s work or that their concerns will be taken of roads projects, for example. We all know we into account. If one removes statutory powers have to agree to the upgrading of existing roads from any organisation — the local authorities in and the construction of new roads in the national this case — the body to whom such powers are interest. It is no harm for those who support such given will be able to do whatever it decides to do projects, including the civil servants who may be thereafter. Regardless of the conduit that is used involved, to bear in mind that if one proposes to to get the views of local authorities across — An drive a new road like the N6 beside towns and Bord Pleana´la in Dublin in this case — one can villages and through farms, one will be the cause rest assured that their representations will not of huge human hardship. It is all very well for have the same impact as they would have had if people who are removed from local areas to say they had been the subject of a statutory decision. such projects are necessary in the national That is the way life is. Local authorities will be interest. We all know about that aspect of it. given an opportunity to say what they think, but There is no doubt, however, that significant atten- their views will have no bearing on the planning tion will have to be paid to the connection decisions taken. between the terrible and genuine trauma suffered I highlight an issue that will arise on Commit- by such communities and the significance of such tee Stage. I have no particular axe to grind with projects in the national interest. I know it is hard An Bord Pleana´la. I am aware of good decisions to balance those two considerations, but I am and powerfully bad decisions. What part of the afraid the day will come when people will think a legislation outlines the extent to which the board beefed-up An Bord Pleana´la can do what it likes. will be responsible to this House? Where is the That is the problem we will face. link made between the Oireachtas and An Bord As someone who has been in this business for Pleana´la? Is it like the link between the Health almost 30 years, I have seen every possible row Service Executive and this House? One cannot that God could think of in various communities. telephone or write to anybody to make represen- I have seen disputes about masts, roads and tations about aspects of the health service. If one dumps. If local people are given opportunities to does, one cannot be sure that one will get an make their feelings known at certain times, they answer. The removal of this House and the eventually come around, by and large, although Seanad from the process of decision-making on it is not an easy process. They have taken new significant infrastructural projects is not a good approaches in recent times. They do not agree thing at all. I can appreciate that the Minister will with the view expressed in this House earlier say that certain powers have been vested in An today that they enjoy local representation as long Bord Pleana´la and that the Oireachtas has no say as their local councillors and Deputies are work- 473 Planning and Development (Strategic Infrastructure) 24 May 2006. Bill 2006: Second Stage (Resumed) 474 ing for them. I assure the House that local groups shed in every aspect of our future development do not agree with that notion at all. They gen- as a nation. The Government’s attempt to tackle uinely believe they are in the eye of the storm. the future of Ireland’s strategic infrastructure Just over a week ago, every man, woman and head on is commendable. This country’s critical child in the small parish of Menlough, which is infrastructure clearly lags behind that enjoyed by near Ballinasloe in County Galway, went on a our European and global competitors. Recently, walk in opposition to a proposed O2 mast. As A & L Goodbody recommended a mammoth they have heard all about co-location in the con- \140 billion public sector investment in the next text of some other masts which are in place in the 15 years in order that the economy will remain locality, they want to know why co-location was competitive and efficient. not used in this instance. Nobody can answer that Clearly, one must address the situation at hand question. The planning section of the local auth- and this revised planning Bill, which is aimed at ority has not said why O2 should not be asked to fast-tracking strategic infrastructure projects, has co-locate on a nearby site. Local communities are been mooted for the past three years. One must concerned about such matters. Unless some sort start to take action before the problem begins to of safety valve is provided for such communities spiral. However, care must also be taken to to believe that someone, somewhere will listen to ensure this is done without expending other them when they have a sensible point, the Mini- factors which play an equally valuable part in ster of State may rest assured there will be wide- Ireland’s future. While the demands of the econ- spread civil unrest. omy are crucial, a balance must be struck When this legislation inevitably passes, I hope between such demands, the operation of local An Bord Pleana´la will have sufficient expertise democracy and the protection of our environ- available to it to be able to perform this task. I mental heritage. refer to the prior consultation aspect, which is It is easy to see why this Bill has been greeted positive and which will be liked by the infrastruc- with a mixed reaction. Planning in respect of both ture providers. One will bring one’s project small and large-scale developments has become a before the ruling body and will acquire its eval- major issue. Throughout the debate this after- uation before spending a great deal of money on noon Deputies have cited a number of local going through the planning process. I assume this examples. It consumes column inches in national will be an extremely costly exercise for providers and local newspapers and provokes hardened and I imagine that serious money will be opinions from the vast majority of those poten- involved. An Bord Pleana´la will be obliged to tially affected. acquire an army of people for this purpose. I The key element of this Bill is the introduction hope it will include people who have the requisite of a strategic consent process which will consist know-how, knowledge and expertise for such of a one-stop procedure for decisions on certain vital projects, which is missing at present. The types of major infrastructure. A new department, Minister could validly state that many local auth- namely, the strategic infrastructure division, will orities do not have such expertise. Moreover, I do be created within An Bord Pleana´la. It will bear not believe that An Bord Pleana´la is in possession responsibility for those decisions involving major of such expertise to the degree it is likely to environmental, transport and energy-related pro- require, given the quantity of work that will pass jects deemed to fall under the following criteria: through the system. the development should be of strategic economic I hope this matter has been thought through. I or social importance to the State or the region in hope there will be a clear line of distinction which it would be situated; the development between those projects which must go through should contribute significantly to the fulfilment of An Bord Pleana´la and those which do not. There any of the objectives of the national spatial should be no necessity for the development of a strategy, or of any regional planning guidelines in dual application system, whereby one is obliged force in respect of the area in which it would be to go to both An Bord Pleana´la and the local situated; and if the development would have a authority, thus incurring double costs. There significant effect on the area of more than one should be a clear definition as to what should go planning authority. to An Bord Pleana´la. It is hoped the new division will be the central This Bill will not solve all our problems and cog in the machinery designed to achieve the many systemic problems will remain after it objective of speeding up the delivery of major becomes law. However, some of its aspects infrastructure projects. This is in keeping with the should be good for the future. current wider international trend towards a deregulatory approach, which aims to streamline Mr. Haughey: In the future, the Bill before the the consent process for such projects and must House today could stand out as having been of be welcomed. ground-breaking importance. It will have a pro- I do not envy the job of the new strategic infra- found impact on all significant players involved structure division. It will have a difficult task. A in the planning system and could mark a water- number of competing interests lie at the core of 475 Planning and Development (Strategic Infrastructure) 24 May 2006. Bill 2006: Second Stage (Resumed) 476

[Mr. Haughey.] resources or has difficulty doing its work within this Bill, such as national versus local, the individ- the timeframe provided for, which the committee ual versus the collective and economic growth will monitor carefully. versus environmental protection. The new div- One of the main points of attack to which the ision will have the task of untangling such com- Bill has been subjected involves the effect it peting interests and its members are likely to might have in eroding local democracy. It is come under attack and criticism, regardless of the thought by some that the provisions set out here- decisions to which they commit themselves. They with will have a detrimental effect on the public’s will certainly be obliged to be brave in their right to participate in the planning process. The verdicts. creation of the strategic infrastructure division of The Bill bestows considerable responsibility on An Bord Pleana´la means a transfer of power An Bord Pleana´la. It will be under immense from local authorities to the board in respect of pressure and scrutiny in judging what, in its view, strategic infrastructure development. Under- comes under the wide-ranging classification of standably concerns have been expressed that this strategic, economic or social importance referred will have implications for local communities and to in the text of the Bill, or what entails a signifi- their inputs towards changes that might impinge cant effect on an area. These definitions are on their areas. Deputy Connaughton outlined a extremely loose and may warrant re-examination number of examples in his constituency where for the sake of clarification and to prevent serious such problems have arisen. wrangling in future. Frank McDonald, the environment editor of Applicants to the strategic division will also The Irish Times, wrote an article on 17 February have the opportunity to consult the section before attacking the consequences of the Bill for demo- putting forward their submissions for consider- cratic participation in vital decisions. He argued ation. This is a sensible and pragmatic provision, that the public will be cut out of the planning pro- which aims to save time by preventing developers cess for major infrastructure projects and stated: from being obliged to go back to the drawing “Local authorities, including councillors, would board. The Bill offers a broad scope, in terms of have a right to be consulted and have their views the nature of the advice that can be put forward ”taken into account“ — but that’s all.” This under this new provision. Again however, there belittles a significant part of the Bill, contained in is potential for outside criticism in this regard. In the amendments to sections 37E and 37F of the a critical analysis of the Bill which was delivered 2000 Act. Under the 2000 Act, local councillors in a lecture at UCC in April 2006, the barrister, currently have no direct role in taking decisions Mr. Tom Flynn, pointed out: on planning applications, other than in setting the general planning policies in their own areas under [O]thers will see [this clause] ...ingraining land-use development plans. The amendments to an inherent ‘pro-development’ bias into the the 2000 Act before us now give councillors a planning application process and further new, specific and statutorily enshrined role. If this undermining the credibility of the Board as a Bill is passed, managers of planning authorities neutral and independent body. will be required to obtain and forward the views A fine line is being drawn in this regard and I of the elected members. It would be naı¨ve to am pleased the Bill specifically provides that any think or suggest that councillors will not seize consultations held between the board and the upon this and exercise their new power to its full- applicant will not be allowed to prejudice the per- est. Are they not the first tier of local democracy formance by the board of any of its other func- and are they not elected to represent and defend tions and cannot be relied upon in any formal the interests of their constituents? proceedings, legal or otherwise. Without such adequate provision for these I know from experience that An Bord Pleana´la matters at community level, a great deal of fric- works to extremely high standards. It is a highly tion would be created between local government regarded body and I am confident it will retain and central Government, and we would risk a every ounce of its impartiality and will continue build-up of resentment towards central Govern- to work as a first class organisation if these pro- ment. To expose these Houses to this possibility posed changes are put into effect. I cannot stress would clearly be foolhardy and unhelpful to all that enough. It is a board of the utmost integrity. involved. As I said previously, no decision made Deputy Dennehy said earlier in the debate that within the remit of this Bill will satisfy everyone, he hopes the board is inundated with applications but serious action needs to be taken with regard arising from the provisions outlined in the Bill. It to the critical infrastructure of this country and of will also need the resources to fulfil its obli- course some sacrifices will need to be made if our gations. I am Chairman of the Oireachtas Joint quality of life is to match expectation. Committee on Environment and Local Govern- The Bill gives more than adequate opportunity ment which regularly monitors the activities of for all to comment on applications, including An Bord Pleana´la. It is important that we listen local communities, residents’ associations, to the board when it claims it needs more environmental groups and individual citizens. 477 Planning and Development (Strategic Infrastructure) 24 May 2006. Bill 2006: Second Stage (Resumed) 478

There will be no erosion of local input into the against modern, engineered waste solutions that planning process and this should be emphasised. are the norm in every other EU member state? Environmental impact statements will continue to We need to start taking a realistic approach to be a core part of the application process and the the problems that face us. We need to get down Department of the Environment, Heritage and to business and this Bill provides us with a Local Government will need to be notified in prompt and pragmatic means of doing so. We respect of heritage issues. I expect every heritage cannot continue to take five years to deliver a and environmental concern that arises to con- waste facility, as is the case with a number of pro- tinue to undergo rigorous assessment. posals currently at the planning stage. Members of the public will certainly be pleased In the same vein, Ireland’s attractiveness as an with amendments to be introduced to section 35 investment location is diminished by poor trans- of the Planning Act, which are intended to deal port, distribution and communication links, which with rogue builders. The amendments will make hinder efficiency. Recently, the Government it easier for authorities to reach a decision to ref- launched the Transport 21 programme, which will use to consent without recourse to the High reinvigorate Ireland’s transport infrastructure. It Court. Instead, it will be a matter for the appli- is an extremely far-reaching and exciting project cant who is refused permission to seek confir- which will bring untold benefits to our everyday mation from the High Court that the planning lives, as well as our economy. We have made authority must reconsider its initial decision. This great strides in the development of the road has the effect of reversing the burden of proof. system in this country, taking into account, for The developer will instead need to show that his example, the number of bypasses that have been or her past performance does not warrant a refusal of permission. It should, therefore, make built, which have made a great difference to a it easier for local authorities to tackle bad per- great many. The implementation of this transport formance by rogue developers. This is a serious plan, among other matters, will be advanced to a issue that has been repeatedly highlighted by beneficial degree, if we can move forward with a Members of these Houses and by local authority new Planning Act on the Statute Book. members throughout the country. I welcome the As with almost every Bill passed by Parlia- provisions in the Bill to address the problems of ment, it remains to be seen how these provisions rogue builders who represent a serious problem will operate in practice. We can only apply our given the massive developments taking place better judgment in these circumstances but the here. Bill is a pragmatic solution to a problem that The overriding fact is that we need to take must be addressed and solved. The economy, the decisive steps to pull our critical infrastructure environment, our heritage and the public’s right into line with the EU norm, now that we finally to participate in the development of the State all have the means to do so. For example, on waste have to be taken into account in a balanced man- management, we are reaching crisis point in terms ner and this necessarily means give and take. A of our waste disposal options. Figures released realistic approach must be adopted. The legis- this week show that we are now recycling more lation allows us to do this in the best possible way. than two thirds of our used packaging, thereby I will shortly chair the Select Committee on surpassing EU targets for 2005. This is excellent Environment and Local Government which will news and I very much hope that we will outdo scrutinise the legislation. I look forward to lead- ourselves again next year. Kerbside dry recycling ing a close examination of the issues I have raised rose by a massive 140%, following the introduc- and others, on which I have not had time to delib- tion of pay-by-weight charges and collections at erate. Given the importance of the Bill, many bring banks are up 31%. However, by compari- issues will be raised. The Minister will take all son with other OECD countries, Ireland aspects of the debate into consideration when the produces a disproportionately high level of waste time comes. per capita. According to OECD statistics, Ireland, which produces 700 kg per capita, is second only Deputy Connaughton has stated he has been a to the United States, which produces 730 kg per public representative for many years and wit- capita. This is an astounding statistic. nessed every planning row imaginable and var- As the problem of waste management will ious protests. I have witnessed similar protests in never go away we simply must address it in the my constituency and throughout the greater best way possible. Local authority landfills are Dublin area. The Dublin Port tunnel begins and rapidly running out of capacity and we have a ends in my constituency and I have gained invalu- major problem of illegal dumping. According to able experience dealing with local communities the Environmental Protection Agency, 287,000 and the planning process generally. The tunnel tonnes of household rubbish was unaccounted for will open later this year. in 2003. In addition backyard burning is the single biggest producer of dioxin emissions in the coun- Mr. Coveney: It has taken a long time to try. How can we, as a nation, continue to fight complete. 479 Planning and Development (Strategic Infrastructure) 24 May 2006. Bill 2006: Second Stage (Resumed) 480

Mr. Haughey: Many lessons could be learned was not necessary before introducing the Bill. from the port tunnel planning application about This is a shame. It is such fundamental legislation balancing competing interests. Consultation took that he would have received constructive sugges- place with local communities on the project and tions and comment if he had done so. This is evi- our experience and wisdom of dealing with it and denced by the main Opposition party supporting the incinerator in Ringsend are reflected in the the legislation. Seminars on the Bill which took Bill which has been brought forward in a sensible place at UCC, for example, demonstrated that if and pragmatic manner. people had been given an opportunity, they would have provided constructive criticism before Mr. Coveney: I am glad the Minister of State, the legislation was introduced in the Oireachtas. Deputy O’Keeffe, who is from my neck of the This may have eased its passage politically. woods is present, as he will relate to a number of However, it is not a bad start and, with amend- the planning frustrations and concerns to which I ment, will improve the planning process in the will refer. I welcome the fact that the Bill has area it targets. finally been introduced in the House because we The planning process as a whole needs to be have heard rumours for a number of years about reviewed because it is unnecessarily frustrating legislation that would attempt to streamline the for many. A totally inconsistent approach to plan- planning process in regard to projects of national ning is adopted by different local authorities. For significance and importance. The prolonged plan- example, arranging preplanning consultations ning and appeals process has been a significant with planners is difficult, frustrating, time con- contributory factor in delaying large-scale, suming and expensive for people who only wish important building projects. As a result, projects to undertake small-scale developments. However, under the national development plan, for the inconsistency in decision-making among plan- example, are way behind schedule and have sig- ners in different parts of the same county frus- nificantly exceeded their original budgets. As trates people the most. Deputy O’Dowd correctly pointed out, the plan- The legislation aims to replace the two-stage ning appeals process is far from the only contribu- planning process for major projects, whereby tory factor in delaying projects but it is a major local authorities and An Bord Pleana´la do con- consideration. In addition to the legislation, the siderable work on the same file con- Minister needs to streamline the planning process 6 o’clock secutively. This is costly to the tax- and ensure improved structures and timeframes payer and time consuming and the are addressed in the other areas that cause result is a duplication of work at times. Such pro- unnecessary delays in much needed projects of jects are always referred to An Bord Pleana´la. national significance and importance. Therefore, the thinking behind the Bill is Fine Gael supports the principle and thinking sensible. The planning applications for major pro- underpinning the Bill. Ireland is developing and jects should be sent to the board directly, if they progressing rapidly. Our population is increasing are going to be referred to it anyway by local by almost 100,000 annually. Some 80,000 housing authorities. It is proposed that An Bord Pleana´la will establish a strategic infrastructure division to units are being built annually, while retail and handle all major projects. A strategic consent industrial development continues apace. Cities, process will be undertaken for such projects, towns and villages are expanding at a rate we which will replace the current system. However, have never experienced. However, as the public the dangers involved in switching from a two- sector has not kept pace with private sector stage planning process involving local authorities demand, this is negatively affecting the quality of and An Bord Pleana´la to a single stage process life of communities, while limiting the potential involving the board only must be addressed for development in many areas, as well as directly before the Bill is passed. Local planning consider- affecting our international competitiveness. ations will not receive the same hearing and local Roads, bridges, tunnels, railways, commuter rail planners, although they may be consulted, will and underground links, airport extensions, port not be involved in the final decision-making pro- developments, energy and telecommunications cess. They will not have the same input. People infrastructure, gas and oil pipelines and terminals with local development knowledge will have less and waste management facilities which are of a say in the big projects in their counties. We unpopular but necessary are fundamental to need to ensure the new system is as watertight as expanding communities. As legislators, we must possible to ensure everyone is consulted. It needs strike a balance between establishing a process to be transparent from the pre-planning, consul- that facilitates a reasonable timeframe for plan- tation and application stages, right through to the ning and appeals considerations and ensuring fair decision-making stage. It needs to provide for a and balanced public consultation with a provision rigorous assessment of all projects, in particular for legitimate objection and comment. That is the related environmental concerns. challenge we face in this legislation. The new public consultation process being pro- Unfortunately, the Minister and his Depart- posed, which may include oral hearings, needs to ment decided that a broad consultation process be credible. An Bord Pleana´la has not covered 481 Planning and Development (Strategic Infrastructure) 24 May 2006. Bill 2006: Second Stage (Resumed) 482 itself in glory under the current system of oral marily on national spatial strategy considerations hearings. The Minister of State will know what I or Government policy. That is the big fear. Con- am talking about following a recent case in Cork. sideration of local authority views by An Bord I do not agree with Deputy Morgan on too many Pleana´la is already questionable. issues, but I agree with his sentiment on the A good example is the case of Indaver — I Indaver proposal. The hopes of the community have nothing against the company — the appli- were facilitated by an oral hearing that continued cation of which has been resulted in a long, pro- for a long time, involving much effort and tracted planning process. I was a member of Cork expense for people who had genuine objections County Council when it decided to vote to ensure to the project. They managed to convince the the site chosen by Indaver Ireland on which to chairman of An Bord Plena´la’s oral hearing that build an incinerator would not be zoned for that their case was right. The chairman recommended purpose. Management accepted our decision, but that the board reject the overall planning appli- Indaver appealed to An Bord Pleana´la to get its cation, based on 15 judgments. However, the way. Despite the outcome of the oral hearing to board went ahead and granted permission. which I referred and in spite of the fact that the People will continue to be sceptical of oral hear- largest local authority in the country had voted ings if they win the debate at such a hearing, yet democratically not to allow it to happen, An Bord lose the war when An Bord Pleana´la ignores the Pleana´la decided to allow the planning appli- recommendations made. That is what happened cation to proceed in line with the national waste in the Indaver case on the south side of Cork city management strategy. If we are to work on this and it continues to cause so much grief. Comment principle in the future, does local input matter if and objections must be seen to be taken seriously. the overriding motive for a decision is guided by It must not be a polite PR exercise on the part of national policy? If we are not careful, we will see the board. This gives a pretence that it is listen- a power shift from local decision-making in big ing, when the reality is that the final decision runs planning projects to centralised decision-making. roughshod over the oral hearing process. If we can make this work to improve efficiency, I welcome the section of the Bill dealing with then I am in favour of it. However, people need the issue of working to a fair and reasonable time- to be aware of the dangers involved. frame. I look forward to discussing it on Commit- My biggest concern with the Bill relates to the tee Stage in order that we can come to an agree- requirement for the board, when assessing an ment between the two large parties. The process application, to have regard to the national proposed by the Minister seems to be reasonable. interest on issues of strategic, economic or social A person or body, whether State, semi-State or importance. Government policy in areas such as private, needs to apply to the board for a decision waste management, the national development on whether a particular project is of strategic plan, the national spatial strategy and regional importance. We must ensure that what is categor- planning will strongly influence board decisions. ised as “of strategic importance” is limited and They should do so, but not to the exclusion of defined and not merely a process for facilitating other issues. In such cases the board becomes private developers progressing profit-driven more than a planning agency. It is now taking on large-scale projects. That is not the purpose of the the role of facilitating and implementing often Bill. We could have a long debate on the planning unpopular Government policies. In the case of process for other such private profit-driven large- the development of incinerators across the coun- scale developments. I would like to see more try the board is being used by the Government as efficiency in that regard, but that is not what the a mudguard. Government Deputies do not back Bill is about. It is about projects that are of spec- planning applications for incinerators in their ific national importance to the national spatial own constituencies. Instead, we get helpless press strategy, the national development plan or releases claiming that the decision is up to An Government policies that need to be Bord Pleana´la which is required to make its implemented across the country. decisions on the basis of national interest and I wonder if we are giving too much power to Government policy. Incineration forms part of An Bord Pleana´la and overly reducing local auth- the national waste management strategy, which ority input in the assessment process of projects people will learn if they read the small print. of strategic importance. We need to examine Therefore, the Government is driving the carefully the input process for local authorities decision making process while blaming An Bord and elected members to ensure it is real, as Pleana´la for making the decisions. An unhealthy Deputy Haughey pointed out. An attempt is and undemocratic process has thus arisen in being made to ensure a real consultation process, which An Bord Pleana´la facilitates or forces whereby An Bord Pleana´la will listen to what through unpopular planning decisions and the local representatives, local planners and local Government puts its hands in the air and claims management have to say. However, I wonder it can exert no influence, even though the whether that will happen in practice, or whether Government’s policies are driving An Bord An Bord Pleana´la will make decisions based pri- Pleana´la’s decisions. 483 Planning and Development (Strategic Infrastructure) 24 May 2006. Bill 2006: Second Stage (Resumed) 484

[Mr. Coveney.] the problem than the establishment of a fast-track That policy runs into further trouble where we planning authority. I acknowledge the claims have regional or local plans that are inconsistent made by Deputy O’Dowd and others that the Bill with national policy. God help An Bord Pleana´la is deficient in some respects but these problems if it has to make a decision on a significant can be addressed on Committee Stage. Given the national project linked with decentralisation, for changing nature of planning and our evolving example, because the Government’s decentralis- needs, we will probably have to revisit this Bill at ation plans are totally inconsistent with the some point in the future. national spatial strategy. If a project of national It is important to recognise that the current interest is categorised within the target area of planning system is largely successful. Much can this Bill, there will be inconsistent strategies com- be said in favour of the tried and trusted current ing from Government and An Bord Pleana´la will system, although criticisms can certainly be have to make a decision between the two. It will directed at the abuses that have taken place. be even more common when local area and Recent years have brought significant improve- county development plans are inconsistent with ments in planning, a process in which this House national policy, forcing An Bord Pleana´la to played no small part. Planning authorities and An make policy rather than planning decisions. The Bord Pleana´la have performed impressively. For members of An Bord Pleana´la are planners who example, local authorities granted planning per- for the most part make very good decisions on mission for more than 100,000 housing units in planning applications but we are moving towards 2004, an increase of 30% on the 2003 figure. An forcing An Bord Pleana´la to make policy Bord Pleana´la now delivers 85% of its decisions decisions. If we are doing that in an effort to within the statutory period. I commend the Mini- achieve more efficiency in the planning process, ster and the Government on providing additional we need to be very careful how we do it. For that resources in this area, although professional ana- reason, the House will see detailed discussion and lysts claim that further funding will be needed amendments on Committee Stage before Fine when this Bill is enacted. Gael can support the Bill. Although there have been successes on a local and small-scale level, the current planning regime Mr. Carey: I welcome the opportunity to com- has given rise to many problems in terms of the ment on this Bill which represents a major delivery of major infrastructural problems. We development in our planning code. The changes could discuss the difficulties experienced in proposed are badly needed if we are to meet the delivering the Luas and in delivering the M50 demands of a modern state. In terms of the pro- which was delivered at a snail’s pace. If the plan- vision of infrastructure, it is probably the most ning issue is not addressed, there is a danger that important legislation to have been introduced we will have that intractable issue unresolved for during this parliamentary term. Planning attracts some considerable time. The current system all sorts of preconceived notions, not all of which creates unnecessary delays which present a are well grounded. barrier to catching up on infrastructural develop- Much of our experience has been informed ment. Recently, I read an article in the Economist through our involvement in local authority plan- which outlined the difficulties this nation has ning issues. Deputy McGrath and I served on faced in coming to terms with new ways of Dublin City Council and have debated issues such delivering necessary infrastructure. as the development of the Kill waste management There is a clear need to balance individual centre and the port tunnel. I am sure I will hear democratic rights with the need to get things more from my constituents on these and other done. We do not have this perfectly right. The matters. proposed legislation goes a long way towards The constituency I represent will benefit from achieving a balance but it has been argued that this legislation in respect of the proposal in Trans- the current system places insufficient emphasis on port 21 for the construction of a Dublin metro. Article 43.2 of the Constitution, which refers to The new runway and the second and third ter- the exigencies of the common good. minals at Dublin Airport will become important A balance must also be struck in the planning and probably controversial issues. I wonder process between local and national bodies. This whether the airport’s third terminal will be of arises from the not in my backyard phenomenon, sufficient strategic importance to come within the whereby nobody wants anything even vaguely remit of this Bill. detrimental to take place in his or her area. I have The Bill proposes a streamlined planning pro- seen this happen many times. When the planning cedure for major projects of critical economic and process was established in the 1960s, nobody fore- social importance. I will not rehearse the litany saw that we might need to row back on any aspect of projects which have experienced delays. The of it. It made sense to build the process around process will be administered by a new strategic two pillars, the local application process and the infrastructure division within An Bord Pleana´la, appeals procedure. Some 40 years later it needs which represents a more cost-effective solution to to be refined and reviewed. Although I do not go 485 Planning and Development (Strategic Infrastructure) 24 May 2006. Bill 2006: Second Stage (Resumed) 486 for such dramatic shifts in legislation, modifi- need to critically examine the reasons for this cation is necessary. underspend when there is a crying need for the All one hears about in the media is projects delivery of infrastructure. The money is meant to delayed and budgets overrun. Nobody can deny provide for the State’s future economic develop- that there have been delays. Adjustments to the ment. If we do not spend it, we may not have way contracts are drawn up and delivered and the the capacity to maintain economic growth. If we targets for delivering decisions of An Bord underspend now, we will find it difficult to reach Pleana´la have brought improvements. This legis- the levels to deliver the ambitious transport plan. lation will bring more. When projects reach con- Enabling legislation such as this is needed in struction stage, the timescale is manageable. We order that areas such as Dublin Airport and have examples of this. The new section of the N2 beyond can be developed. Last night I spoke to a is to open this week three or four months ahead group of people who suggested the metro should of schedule. Deputy O’Dowd would know about be extended as far north as Balbriggan at least to this better than I. That is an example of best prac- serve that growing area. Deputy O’Dowd will tice. On many projects the problems begin when want it to go all the way to Belfast. archaeological or other issues arise. These problems are accorded the same importance as the Mr. O’Dowd: Drogheda. overall need to deliver the project. We have got this wrong. There are anecdotal stories about the Ms Burton: Dustin the Turkey’s idea was that natterjack toad being responsible for delaying a the DART should go to Dingle. He was right. project, while a snail has held up another. I wonder if these are the real reasons projects have Mr. Carey: We would have to call it An Dain- been delayed. We know how the castle at gean. In this regard, the Bill is vitally important. Carrickmines delayed the completion of the M50 It deals with improving the quality of life and pro- for a long time. The planning process makes no tecting the environment. Both are possible if we allowance for the prompt altering of road routes are serious. I commend the Minister, Deputy to avoid important heritage or environmental fea- Roche, for his determination in progressing the tures. Therefore, once a problem is encountered, Bill. the whole project seems to stall. The recent The single stage process is important but I do decision in Waterford is a good one. A way has not pretend it will be easy. I have heard others, been found locally to preserve a heritage site including Deputy O’Dowd, discuss the possibility without seriously delaying the delivery of the proof our being trapped in resorting to judicial ject. It appears this systemic inflexibility is hin- review and the courts in this process. Because I dering our efforts to close the gaps in our critical come from a local authority membership back- infrastructure which pose a real threat to ground I am not certain we have the correct Ireland’s growth and the standard of living the balance in giving a real right of input to members people have, rightly, come to expect. of local authorities. The idea is a good one. I am The Minister has stated we cannot run a mod- not trying to row back on it, but I wonder if there ern economy with 20th century infrastructure or is a danger, given the structure of city and county architecture. We need to find ways to get millions management and the lack of balance in the of people to work and children to school without powers of elected members and managers, that having to spend hours in cars. We must treat our the transmission of the views of the local auth- wastewater for the good of our environment. We ority to the board will be an exercise in tokenism. need new and secure ways of powering our My reservations may be found to be without homes. To do this we need to get our planning foundation. However, it is my experience that the laws in order to ensure we can spend the money views of local authority members are not taken necessary to achieve these goals. A reference was with the same degree of seriousness as those of made to the A & L Goodbody report and its esti- management. mate that \140 billion must be invested in infra- The Bill proposes that specific types of infrastructure in the next 15 years if the economy is to structure which are listed may be eligible to apply continue to be competitive. The Government has within the one-step application process. As others a clear commitment. I assume the next Fianna have spoken on this, I will not go through it in Fa´il led Government will be as committed to detail. We have not developed public consul- investing similar and greater amounts in the tation to its full potential in Ireland. We have the delivery of infrastructure from 2007 onwards. environmental impact process and public consul- Members are aware that the draft development tation, which we have gone through in respect of plan being prepared envisages considerable public housing and even small-scale projects investment in infrastructure and I suspect we will where Part 8 or Part 9 of the planning Act is receive all-party support. invoked and there is no recourse to the board. I We find it difficult to reach the target of 5% am not sure, however, that it has always worked of GNP on public capital programmes. Last year out well as far as local consultation is concerned. expenditure came to approximately 4.2%. We I do not suggest we provide opportunities for 487 Planning and Development (Strategic Infrastructure) 24 May 2006. Bill 2006: Second Stage (Resumed) 488

[Mr. Carey.] the repeated failures to complete the infrastruc- people to be obstructive because most interest ture that people have a right to expect as citizens groups are not. While there is much positive sup- of a modern EU country. For most people, infra- port for most developments flagged by local and structure means roads, trains and buses. There national authorities, the concept of transparency are metros in most European cities of comparable which is often lacking should be developed size to Dublin and Cork. A decent bus service further. In certain respects the Bill goes some way should be available in cities and towns. Many towards doing this. Members have travelled in Europe and will have Many delays have been caused by poorly pre- been staggered by the difference between public pared applications and environmental impact transport infrastructure there and in Ireland. This statements. The board will be able to tackle this Government has had nine years to achieve suc- directly. That the board will be able to access cess on this matter but is still floundering. Many notes on consultation between developers and Ministers are jaded and exhausted from holding local authorities will assure the public of the office for so long. Their efforts to meet the infra- transparency of the system. I commend the Mini- structure gap have been disappointing. ster for that measure. Any member of the public, Planning is not an easy matter, particularly if a residents group or an environmental group will one is in a growth area. I began my political life have the opportunity to make its views known on on the former Dublin County Council at a time the proposed infrastructure project. We must when the area was experiencing the kind of strengthen this provision if possible. The board expansion only experienced by other towns and will have regard to a range of issues, including the cities around the country in the past seven years. submissions and objections made by local people Dublin county was the key area for expansion. and the local authority. The local development Three new towns were designated for the area plan must be taken into account. around Tallaght, Blanchardstown and Lucan The metro project will test this Bill. Public con- thirty years ago. Swords grew as a new town with- sultation has begun, generating a high level of out designation. The rest of the country has been interest among local groups. It is a significant experiencing something similar in recent years. positive development for the city, the north side, The development of new towns or areas must be the airport, Ballymun and Swords areas. accompanied by infrastructure. The Government Although one cannot make omelettes without gets it consistently wrong and there is a reason breaking eggs, this Bill enables residents’ con- for this. cerns to be taken into account. The residents When Fianna Faíl is in power, planning is not associations with whom local representatives are done for the general good to meet the needs of working are making a coherent case. people, traders and employers. It is driven exclus- Deputy O’Dowd referred to the port tunnel ively by developers and builders. Although they and community gain. An informal, unsatisfactory have a role to play and are essential to the pro- arrangement was agreed to provide for the upset cess of development, should they dominate it to caused to the adjacent community by work on the the extent they do when Fianna Faíl is in power? port tunnel. The Minister is now making pro- This is the reason for the massive scale of public vision in statutory form for this community com- distrust. Our planning process is backward, with pensation. In the metro project area, one of the consultation at the end rather than the beginning largest parks, Albert College Park beside DCU, as happens in most countries. Much pseudo con- will be out of commission for the duration of the sultation takes place because it is required under construction and may never reopen. Finding the recent legislation. Many individuals do not wish balance between local authority input and An to take part in pseudo consultation. I find it Bord Pleana´la is important. strange that the Government is perpetually sur- I am pleased that section 9 will, at long last, prised at the negative reaction to notices in the make rogue developers pay for bad behaviour. I newspapers and meetings where one learns would like to have those branded rogue devel- nothing concrete. opers precluded from tendering for public pro- I speak from personal experiences of being in jects. I do not know how this would be worded in Dublin County Council in the early 1990s. I was the Bill but a number of these rogue developers pestered by developers on all sides, queueing up come to mind. to propose their land for development. This Bill does not address the value and enormous gains Mr. O’Dowd: Will they be kept out of the tent accruing when land is rezoned for infrastructure at the Galway races? development. The gain is always to a coterie of builders and developers, of which 90% support Mr. Carey: I have been to three race meetings one political party in the State. That critical lack in my time — none has been in Galway. of confidence in the planning process originates in the fear of corruption and belief that decisions Ms Burton: Perhaps this Bill represents an have been arrived at in an underhand way. It has apology from the Government to the people for poisoned the political well for the past 20 years 489 Planning and Development (Strategic Infrastructure) 24 May 2006. Bill 2006: Second Stage (Resumed) 490 to the extent that, when something is put forward Minister of State with special responsibility in nowadays, even with cross-party agreement that regard with power to go to the Cabinet and among local authority members, the general argue children’s cases. The Department will com- public still feels left out and suspicious that some- bine functions from the Departments of Health thing has been got over on it. We should look to and Children, Justice, Equality and Law Reform, the United States of America where discussions and Education and Science to address children’s are held first and proposals are in the public needs coherently. That is a new development. domain, instead of the Irish system where consul- The overseas aid section of the Department of tation with the public comes last. Foreign Affairs has specialists dealing largely This week we have had an example of decen- with developing countries and embassies based in tralisation. Across the board in this House, every Dublin and London. This specialist agency, party agrees with decentralisation, but Fianna whose employees must work around the world, Faíl agrees with it as “stroke politics”. Some 53 may now be relocated to Limerick. They do not locations are necessary to achieve the big bang know when or for how long. Without consul- within three years of the 2003 budget. Not one tation, we tell them that they are going to Member listening that day did not know that the Limerick, yet we decentralise the embryonic principle of decentralisation was good but the Department with responsibility for children to small print was so crazy that it would not happen. within 100 yards of St. Stephen’s Green. That is Deputy Kelly knows what happened in Longford stroke politics at its worst. in the early 1990s when the Government of which All major parties in the House have success- I was part decentralised significant elements of fully implemented decentralisation programmes the Department of Social and Family Affairs to and we know what does and does not work. the north west. We know that it worked, since When it comes to the Planning and Development it brought great benefits. In many ways former (Strategic Infrastructure) Bill 2006, we must ask Deputy Reynolds who was Taoiseach at the time the critical question of the stroke elements that spearheaded that decentralisation. However, we will cause people to lack confidence in the pro- know how long it took and that there was an cess. The first thing the Minister should do is clar- initial rush of up to 25% to the social welfare ify the position on the Minister for Justice, offices relocating from Longford to Sligo and Equality and Law Reform and the proposals for Letterkenny. Another 25% went easily enough a heat treatment plant in Ringsend. The Minister on foot of promotion and with agreed time and has let it be known far and wide that it will not space to do so. Then the process stalled and there happen on his watch. The Minister of State, was local recruitment. Deputy Browne, may smile and I can understand It is no wonder that what is being done has why. Fianna Faíl will probably not have a seat in resulted in strikes in public bodies. It has been Dublin South East after the next general election implemented in a back-door manner with only as a consequence. limited consultation with those involved. Such stroke politics in infrastructural projects makes Mr. O’Dowd: Or in Wexford. people suspicious. This week, for instance, I asked the Minister for Health and Children, Ms Burton: What is the situation? Will this Deputy Harney, a question. That an embryonic treatment plant be covered by a regulatory Department with responsibility for children is section that the Minister will not bring into force developing is good. until after the next general election? Will it be I see that the Minister of State at the Depart- exempt completely? We would like to hear the ment of Communications, Marine and Natural story. Resources, Deputy Browne, is present to rep- I have been in a constituency probably subject resent County Wexford. I am sure that he will to more mega-development plans than any other recall that, when a new structure, the EPA, was in the country, barring north County Dublin and being created in those years, the Government parts of County Kildare. I will give some more stated that, as such, it was an obvious candidate examples. Approximately four years ago the for decentralisation. Johnstown Castle rightly was Government nominated a strategic development home to a very good project. One hopes it will zone of 3,000 units at Hansfield, Clonsilla. That now be added to. number of houses is not unusual in Dublin West When the Department of Justice, Equality and and the planning process deals with it regularly Law Reform was expanding computer services in and very often without many objections, since a such key areas as payroll, high quality jobs were system has developed of trying to work in blocks decentralised to Killarney over a period, a move of what is good for an area. However, in the stra- that proved very successful. Both the civil ser- tegic development process at Hansfield, the vants involved and Killarney very much wel- Government decided to make absolutely no com- comed it. mitment regarding infrastructure such as schools, The Government is now creating a Department access to public transport or the road network. with responsibility for children. It has created a People naturally objected, although not to the 491 Planning and Development (Strategic Infrastructure) 24 May 2006. Bill 2006: Second Stage (Resumed) 492

[Ms Burton.] much broader concept which has been developed principle, since everyone accepts that the area is in places such as Milton Keynes in the United a good one to locate more housing. However, it Kingdom where when land values rise and devel- is located along the line of the Dunboyne railway opers make money but it is a reasonable profit line spur which has, unfortunately, been closed and the bulk of the gain goes to the community. for more than 50 years. The Government has If the Government could address this issue, we promised that one day it will be reopened. would not have as many innate objections to pro- However, living in Dublin West, people know the jects which may be essential in the public interest Government’s track record. It is a case of prom- but in respect of which people believe there is ises upon promises, with precious little delivery. corruption involved at base because there is a There was the land at Abbotstown where the golden circle on the inside track and the citizen is Taoiseach proposed to build a large stadium. not within the ring of stakeholders and left with- There was the development of the National out primary schools. Aquatic Centre which I welcomed as soon as I People cannot believe that since January, up to heard it announced. Some 15 years ago in the 600 parents in five housing growth areas in Fingal development plan I proposed that the Dublin West have been told that there will be no entire site be reserved for amenity purposes and place in a primary school for their four year old. a park, something supported by all parties rep- The people concerned work, pay their taxes, buy resented on the council. As a public representa- their houses and do everything the right way. tive in Dublin West, I am now on my fifth They are model citizens. Some 30 years ago when stadium proposal. I know very little about foot- the country had no money, each child could find ball but have learned a great deal about stadium a primary school place but one cannot do so plans such as which ones work and which ones today in Dublin West. The reason is that the do not. developers own the land and the Government is The critical point concerns the relationship of afraid to take them on. It makes promises but the proposals to the people and developers in the does not comprehensively address the issue. We area and how realistic they are if the key issues have reservations about the Bill because it is only of road and rail access are not addressed. I want by cutting to the chase and providing infrastruc- to know about the ancillary facilities to which ture for the good of the community, not just to such projects give rise. satisfy developers’ naked greed, that we will make progress. Let us consider Blanchardstown which has probably the best town centre in the country. It Mr. Kelly: I am delighted to speak on the Plan- is open to all and everybody uses it but the road ning and Development (Strategic Infrastructure) network which serves it is dreadful. Some 20 Bill which is one of the most important pieces of years ago there was a line drawn in the develop- legislation to pass through the Da´il this session. ment plan for a railway but we are still waiting. I Ireland is a great country and it is important we presume the metro, the grandson of the original promote it in a positive manner and tell the world railway proposal, will serve Blanchardstown. what a great place it is in which to live, work How do we know, however, that a developer will and visit. not get on the inside track, to which the public I am delighted to have the opportunity to say does not have access? That is the critical issue. a few words about the social welfare office in If there is strategic infrastructure alongside a Longford which has been mentioned by others. designated strategic railway development which Albert Reynolds was the Taoiseach of the day. almost everyone would welcome, what happens He was a great Deputy for his constituency and a to the lands on either side of the development? great Taoiseach who made us proud. There was Obviously, their value will increase by multiples no delay in the decentralisation of the social wel- as a consequence. If we do not ensure the bulk of fare office to Longford. The developers and buil- the increase in the value of the land accrues to ders were P. J. McLaughlin and I compliment the public, developers will walk away with them and their staff. They were decent, honour- unreasonable profits. I am a realist. Like other able, conscientious and great community people business people, builders are in business to make who contributed greatly to every aspect of life in money and good luck to them. However, I draw Longford and elsewhere in the country — busi- the line at them making unreasonable profits ness, sport, social, cultural and charitable activi- where they avail of the benefit of the increase in ties. They are the third generation in Longford land values and decamp to Marbella or some and a credit to the developers and builders of this other location to buy their millionaire homes and country. Only for people like them, we would not the people left behind are left without infra- have this major development. They cannot be structure. questioned; one could not put a mark against The reference to community gain is not to a them. One would give them 100 out of 100 for small playing pitch which a developer suggests to everything. a residents association to try to get it to change I also compliment the 300 staff in the social its view and support a planning decision. It is a welfare office. If one wants to know the facts 493 Drug Abuse: 24 May 2006. Motion (Resumed) 494 about decentralisation, one should not ask me but That Da´il E´ ireann, the staff of this office. Those who decentralised recognising the many diverse and profound to Longford are enjoying every minute. Hundreds problems for individuals and for society of civil servants are on the waiting list to move to the town. The Prison Service is being caused by the misuse of drugs, both legal decentralised to it and the project is on target. and illegal; Building work is taking place and we look for- affirms: ward to opening the office shortly. No doubt it — the right of children, young persons, will be opened before the general election. I thank Deputy Burton for giving me the oppor- adults, families and communities to be tunity to promote my county and decentralisation protected from the harmful effects of in a positive light. drugs and associated crime; The Bill amends the Planning and Develop- — the right of all to be educated about the ment Act 2000. It introduces a new consent pro- damaging effects of the misuse of drugs; cess for major infrastructural projects of national and public importance. I cannot emphasise — the right of people to grow up in com- enough how badly Ireland needs new and munities free from poverty, social improved infrastructure to remove bottlenecks in exclusion and inequality, which are the economy, enhance competitiveness, improve undoubtedly factors which have influ- the quality of life of citizens and protect our pre- enced drug misuse; cious environment. Every delay in dealing with views with grave concern the escalating an infrastructural project adds to the cost of its impact of problem drug use in Irish society provision, not only in financial terms but also in including: terms of the time lost and lost opportunities. The Bill will introduce a new consent process — the rapidly increasing use of cocaine for major infrastructural projects of national and throughout the country; public importance. An Board Pleana´la will be — the devastating effect of heroin use, in restructured by the establishment of particular, in many working-class com- 7 o’clock a dedicated strategic infrastructure munities and now spreading to every division. The Bill will provide for the town and village in Ireland; provision a better service for all stakeholders, infrastructure providers, State bodies and the — the hurt and pain suffered by the public through a single stage process of approval families of addicts due to drug use, drug for projects, a rigorous assessment of all projects, dealers and the inadequate and late including their environmental impact, full public response of statutory bodies; consultation and certainty of timeframes. — the emergence of a trade in crack An Bord Pleana´la is already responsible for cocaine in Dublin; deciding on proposals in respect of road, motorway, water and wastewater projects from local — the high level of crime which is fuelled authorities. The Bill extends this process to pro- by the drugs trade; jects of strategic importance. In addition, infra- — the damage to public health caused by structure provided by other statutory bodies and growing levels of drug misuse and private promoters will also be subject to a single addiction; and stage process. This will cover core energy, environmental and transport infrastructure. — the failure of the Health Service Execu- tive to provide harm reduction facilities Debate adjourned. throughout the State; calls on the Government to acknowledge the Message from Select Committee. many shortfalls in policy and implementation Acting Chairman (Ms B. Moynihan-Cronin): of policy and to recommit itself to the overall The Select Committee on Health and Children strategic objective of the National Drugs has concluded its consideration of the Health Strategy 2001- 2008 which is to significantly (Repayment Scheme) Bill 2006 and has made reduce the harm caused to individuals and amendments thereto. society by the misuse of drugs through a concerted focus on supply reduction, prevention, Private Members’ Business. treatment and research; to that end, mandates the Government to: ———— — ensure the relentless pursuit of major Drug Abuse: Motion (Resumed). drug traffickers and ring-fence funds seized from them for community The following motion was moved by Deputy development in those neighbourhoods Crowe on Tuesday, 23 May 2006: worst affected by the drugs scourge; 495 Drug Abuse: 24 May 2006. Motion (Resumed) 496

— provide for all appropriate sanctions for parents and accordingly increase the those involved in the drug trade, includ- orphan-guardian allowance; ing prison sentences for drug barons — ensure the take-up of widespread and which reflect the devastating impact of well resourced education programmes their activities on individuals, families and campaigns for children and parents and communities, as well as increased against the misuse of drugs, in school, use of alternatives to prison for certain at home and in the community; drug-related crimes where this would be more appropriate; — seriously address poverty and inequality in this State, including educational dis- — increase the resources available to the advantage, and accordingly provide Garda Sıóchańa national drugs unit, Early Start programmes in all RAPID local drugs units and juvenile liaison areas; officers; — work on an all-Ireland basis to ensure — ensure a genuine partnership between the application of the strategic objec- the Garda Sıóchańa and local communi- tives of the national drugs strategy to ties, given that the Garda Sıóchańa Act the island as a whole; and 2005 failed to introduce adequate struc- — appoint a Minister of State with sole tures for accountability and genuine responsibility for drugs issues. community policing; — introduce local accountability structures Debate resumed on amendment No. 1: at district level such as community To delete all words after “Daíl E´ ireann” and policing partnerships or, at least, to roll substitute the following: out the joint policing committees and community policing fora provided for — supports the Government on its by the Garda Sıóchańa Act 2005 across ongoing implementation of the National Drugs Strategy 2001-2008; the Twenty-six Counties as a matter of urgency; — notes that the key finding of the mid- term review of the national drugs — reverse the current approach to drug strategy in 2005 was that the current abuse in prisons to ensure that prisoners aims and objectives of the strategy are have access to health care and preven- fundamentally sound and that progress tion policies and services including was being made across the four pillars harm reduction strategies equivalent to of the strategy; those available in the wider community; — recognises the significant work being — immediately formulate, resource and done under the four pillars of the implement an action plan to combat national drugs strategy, supply spiralling cocaine use; reduction, prevention, treatment and — dedicate adequate funding to signifi- research and the decision to include a cantly expand the availability of drug fifth pillar of rehabilitation to further treatment and to eliminate waiting lists focus initiatives in that area; for treatment; — welcomes the significant increase in — encourage the Health Service Executive funding provided this year for drugs to return to real partnership with com- initiatives; munity and voluntary groups in — commends the partnership approach to addressing problematic drug use; tackling the drugs issue across Depart- ments, agencies and the community and — expand the spectrum of services avail- voluntary sectors; able so that all drug users who want to avail of treatment and other services — commends the Health Services Execu- can do so; tive on its role in developing appropriate responses to problematic drug — ensure that drug users also have access use through significantly increased to the other counselling and medical treatment services; services they need, without discrimination; — commends the level of success of the Garda and customs services in relation — recognise the right of all grandparents to drug seizures and the work of the looking after the children of their addict Garda in countering drugs misuse on a sons and daughters to be fully sup- countrywide basis and in a spirit of part- ported in line with provision for foster nership with local communities; 497 Drug Abuse: 24 May 2006. Motion (Resumed) 498

— endorses the initiatives outlined in the Mr. O’Connor: I think it was Deputy English’s recently published Irish Prison Service colleague, Deputy McGinley. A great deal of drugs strategy Keeping Drugs Out of good work was done. My constituency colleague, Prisons; Deputy Rabbitte, who was then Minister of State — endorses the national action plan at the Department of Enterprise, Trade and against poverty and social inclusion and Employment, did important work. When the the five year educational plan, Government changed in 1997, my party col- Delivering Equality of Opportunity in league, Chris Flood, whom I replaced here, con- Schools, which commenced in 2005; tinued that work. From 1997 to 2000, Chris dealt with the drugs situation as Minister of State at — welcomes the all-island initiatives in the Department of Tourism, Sport and relation to the problem of drug misuse Recreation under the then Minister, Deputy in Ireland; and McDaid. Chris, like Deputy Rabbitte before him, — supports the Minister of State, Deputy and Deputy Eoin Ryan after him, made a strong Ahern, in his wholehearted commit- contribution to dealing with the drugs scourge in ment to, and successful handling of, the our communities, particularly in the Dublin Government’s drive against the prob- region. lems of drug misuse in our society. I recall Fergus McCabe, who has had his own —(Minister of State at the Department of difficulties recently, saying at a well attended Community, Rural and Gaeltacht Affairs). public meeting in Dublin that he never voted for Fianna Faíl but if he had been ever tempted to Mr. O’Connor: I propose to share time with the do so it would have been because of the work of Minister for Justice, Equality and Law Reform, Chris Flood. I am sure he will not mind my Deputy McDowell, and Deputies McGuinness and Curran. repeating that tonight. Chris has a proud record I acknowledge the presence in the Chamber of in that regard. Before retiring from politics and my colleagues and good friends, the Minister of becoming chairman of the Tallaght drugs task State at the Department of Communications, force, he established the young people’s facilities Marine and Natural Resources, Deputy Browne, and services fund. Many areas, including my con- and the Minister of State at the Department of stituency, which I share with Deputy Crowe, have Enterprise, Trade and Employment, Deputy benefited significantly from that fund. Killeen. They will not object if somewhere in this Projects which benefited from that fund short contribution I mention Tallaght. I will deal include Brookfield community youth facility later with Deputy English to whom I listened which is under construction, the Brookfield youth carefully last night. at risk project, the Jobstown community sports I compliment my colleagues in Sinn Feín, facility, namely, the all-weather pitch, which is a especially my local colleague, Deputy Crowe, on great amenity in Tallaght west, the Killinarden their initiative in proposing this motion. It is good and Fettercairn community centres, which were to have this debate. I have often spoken about redeveloped, the Springfield community youth the importance of Private Members’ business for project, the Tallaght Travellers youth service, and Deputies like me because it gives us an oppor- the St. Mark’s youth and community centre pro- tunity to talk about every day issues. ject in the Farm in Fettercairn. Several other I will not say that everything is perfect in major initiatives began too. For example, three regard to drug services and there is no problem major facility projects have been developed in my area because there is but I am proud of the under the premises initiative, something of which efforts we have all made. While we are entitled we in Tallaght are very proud, in the St. Aengus to make our political points, a serious effort has community action group, the jazz centre in Jobs- been made to combat this problem. We must con- town and the CARP project in Killinarden. tinue to support the Garda Sıóchańa to ensure Several community responses have been suc- that people who peddle drugs and import them cessful in the Tallaght area in this regard, for into our jurisdiction are dealt with severely. example, the St. Dominic’s community response As some Deputies know, I represent Dublin group, the jazz group in Jobstown, the St. Aengus South-West which includes the major population project, the CARP project in Killinarden, the centre of Tallaght but also Firhouse, Greenhills, project in Brookfield, the Fettercairn project and Templeogue and Brittas. I am from Dublin and the Tallaght rehabilitation project which operates was reared in Crumlin. There have always been in Kiltalown House in Jobstown and on whose drugs challenges in these communities to which board I have had the honour of serving. the Government must continue to respond. The Tallaght rehabilitation project believes: Someone last night referred to the work of the previous rainbow coalition. ...intheadvantage of rehabilitation within the community, as addiction does not happen Mr. English: It was not me. in isolation. 499 Drug Abuse: 24 May 2006. Motion (Resumed) 500

[Mr. O’Connor.] While the waiting list for treatment has reduced Our aim is to create a supportive and nurtur- significantly, six to eight weeks is too long to wait. ing environment where participants are encour- My contacts say that FA´ S should offer more com- aged to address their previous drug use and in munity employment places for a community so doing, can become and remain drug free. drug-free project. I ask the Minister of State at the Department of Enterprise, Trade and The project promotes a healthy lifestyle in a Employment, Deputy Killeen, to convey that structured and safe way, through education and message to FA´ S. training. From there participants are encouraged to make an informed choice to become and While drug services in Tallaght have improved, remain drug free. My colleagues will join me in there is a need to join up services and to begin supporting that group. looking outside this particular box for treatment options. We must not be afraid to admit that The pilot project in the Tallaght area dealing there is a continuing problem. I am glad the Mini- with the scourge of cocaine use is run jointly by ster for Justice, Equality and Law Reform is the St. Dominic’s community response group, present because I wish to repeat my call for more situated in St. Dominic’s Road in Tallaght, and resources to be given to the Garda Sıóchańa to the CARP group in Killinarden. This project has deal with this scourge. It is important that we con- completed its work and been evaluated. When I tinue to work with the Garda Sıóchańa to put and my colleagues, including Deputy Crowe, drug dealers and drug barons out of business. I mentioned it to the Minister of State at the am glad the Garda drugs unit in Tallaght has Department for Community, Rural and Gael- been so helpful and successful in this regard. tacht Affairs, Deputy Noel Ahern, he was very responsive to its needs. He has made it clear that Minister for Justice, Equality and Law Reform additional moneys are being allocated to the pro- (Mr. McDowell): I am grateful to Members for ject which will allow it to continue to operate enabling me to address this motion this evening. until the Department has received and assessed As the Minister of State at the Department of the evaluation report. There was some concern Community, Rural and Gaeltacht Affairs, Deputy on that issue and I am glad it has been resolved. Noel Ahern, noted, both the drug problem in I acknowledge the assistance of the Minister of Ireland and the way in which we respond to it are State because it is important to support this extremely important. Ireland is not unique. It is project. one of many western societies facing the drug I am also glad that the Minister of State has problem. However, we are responsible for what accepted an invitation to visit Tallaght again happens in our own jurisdiction. While the drug where, at the institute of technology, he will problem is by no means confined to one EU award the annual certificates issued by the CARP member state, we must constantly struggle to group. I look forward to welcoming the Minister eliminate the scourge of drugs from our society. of State there. Unfortunately, there is a considerable amount Apart from the services I have mentioned, of moral ambivalence in respect of drugs. People there remain gaps in the service in Tallaght and will talk about how terrible it is that drug war- there is work to do. We must continue to support lords shoot each other’s heads off and endanger the work of the Tallaght task force which was the public in their sadistic and brutal killing chaired by Chris Flood, followed by Mick Duff, sprees, how terrible it is that addicts shoot up and an activist in St. Aengus, and is now chaired by die from overdoses in doorways in our cities and Anna Lee from the Tallaght Partnership. how terrible it is that our prisons are populated I do not wish to speak in a negative way about to an unacceptable degree by people who have Tallaght but there are challenges there and those been led into the prison system through access of us who represent the area need to mention to drugs and who still have access to them while them. There is a need to examine the continuing in prison. care provided for people from the time they enter However, there is another world about which treatment, move to a private general practitioner, there is far less unanimity and clarity. Anyone enter drug-free programmes and detoxification, who smokes a joint, snorts a line, takes an ecstasy and re-enter mainstream living. We need to tablet or any form of hard drugs and thinks that understand the concerns about the growing it is a private matter and that his or her actions number of people presenting with serious depen- have no social implications contributes in a fun- dency on non-prescription and prescription drugs. damental way to the problem. Certain people My contacts in Tallaght inform me that, while argue in public that it is somehow acceptable to relations with the Health Service Executive have consume prohibited drugs and to possess them in improved, there is a definite need to develop small quantities. We witnessed a recent example closer links for a more shared care approach. All of such an argument on “The Late Late Show”. the groups in Tallaght would want me to make The person who appeared on that programme that point. Drug-free rehabilitation centres are argued that if someone wanted to kill himself or necessary and we should support access to them. herself with heroin, it was acceptable and queried 501 Drug Abuse: 24 May 2006. Motion (Resumed) 502 why society did not make such drugs available to resort, has failed completely if it permits people the people who sought them. People who to maintain a drug habit throughout their time in advance such arguments are not merely suffering prison and emerge on to the streets with a live from moral confusion but from a complete and virulent drug habit. The Criminal Justice Bill absence of any critical faculty. 2004, which is on Committee Stage, contains new Some people have argued for the legalisation provisions to drive more structured sentencing. of drugs. An aspirant to membership of this Given that the Irish Prison Service has sorted out House has done so and has argued that it should its perennial problem with matters like overtime not be an offence to be in possession of heroin if and there is a united approach from staff and one wishes to use it. Let us examine this prop- management to the task of building up a pro- osition. First, it ignores the reality that we are fessional 21st century prison service, I am very obliged under European law to criminalise the confident that the next few years, particularly in possession of hard drugs so the proposal is a non- the context of the new prison building prog- starter. We are now obliged by unchangeable ramme, will create an environment in which pris- European law to criminalise the possession of oners will no longer be subject to being afflicted these drugs. by the availability of drugs in prisons. Even if this particular handcuff to reality was I could say much more about some of the removed and we, for a moment, speculated about matters raised during this debate. Minimum sent- the effects of legalising hard drugs or their pos- encing, which was provided for in 1997 by the session, how could we possibly expect that 15, 16 Houses of the Oireachtas, will be strengthened and 17 year olds would not gain easy access to during the passage of the new criminal justice drugs if 18, 19 and 20 year olds could possess legislation. There is no point in me lecturing or them without infringing the law? It is a non- waving a finger at the judiciary in a hostile starter, unstateable as a proposition and should fashion. I prefer to appeal on behalf of the not be countenanced. Whereas it may, like some Members of this House to the Judiciary to reflect designer drugs, have a quick rush of popular on the law made by this House. We appeal to the approval attached to it, it is as illusory and empty Judiciary to ponder that it is laid down in the law an argument as one is likely to hear. of our land that only in exceptional and specific I agree with Deputy O’Connor that resourcing circumstances should the possession of drugs in the Garda Sıóchańa in terms of numbers, money, large amounts not be visited by a ten-year prison equipment, know-how and technology must play sentence. It is not acceptable for people to be a part in fighting the war against drugs. However, found with quantities of drugs with street values none of us should forget that the gardaı´ cannot not of \30,000 but of well over \1 million and to win this war if people are willing to consume this be given sentences of between three and six years product. The gardaı´ cannot at any stage hope to when there are no exceptional circumstances in deal with the drugs issue if people consume drugs. play. Members may wonder what is the rate of The sad fact is that as Ireland becomes affluent, implementation of the minimum sentence laid there is more money available for those who wish down by this House. It was as low as 6%. There to consume drugs and that in an affluent society was a time when 94% of sentences under the rel- with so many opportunities so many more people evant section were less than the ten year mini- are being ruined by their addiction to drugs. We mum. That has changed and it is now 79%. That cannot, as a community, tell the gardaı´ that they means 21% have got ten years or more in recent must solve this problem if we do not bear down times. That has to do with one proposition, at every level through the education system, namely that the Members who put in place that social and political discourse and our influence, law, from whatever political perspective, have all particularly on vulnerable people, and make it made it clear that they really want it to be very clear that we are unambiguous in condemn- enforced. I know members of the Judiciary are ing the availability and supply of drugs. rightly supposed to be independent of the execu- Certain speakers, including Deputy Jim tive and legislative arms of the State and I would O’Keeffe, referred to various studies of drug use not change that. However, I hope they will be in prisons. The studies referred to by the Deputy influenced by the fact there is a political consen- were carried out in 1999 and 2000 and were sus in this House that drugs have such a dramatic funded by the Irish Prison Service. However, we effect on the quality of life in our society, a pris- should not be overwhelmed by their veracity. The oner focused sentencing policy, which takes its suggestion that initiation into drug use in prison eye off the overall global effect of the drugs was rare is far closer to the truth than some of scourge, is mistaken when it goes too far. the suggestions in the studies, which were based I am glad the figure of 6% has grown to 21%, on prisoners’ accounts, would lead us to believe. but I will not be happy until the exceptional and Mandatory drug testing will be introduced in specific derogation we provided is only availed of our prisons and we are bringing forward prison in a minority of cases when people are sentenced rules to allow this testing to take place. I strongly for possession of drugs. I hope most Members believe that prison, which is a remedy of last will not keep quiet on this subject until that mess- 503 Drug Abuse: 24 May 2006. Motion (Resumed) 504

[Mr. McDowell.] I join with the Minister in his condemnation of age is driven home. One of the provisions in the those who push and use drugs in this country. It Criminal Justice Bill is that in looking at the cir- is time for a wake-up call, too, for the Judiciary cumstances in which a departure from the ten as regards sentencing. There is a perception year sentence is being argued in court, the abroad that sentencing for those who push drugs Judiciary must have regard to the effect of drugs is far too lenient. The impact of drugs is devastat- on society. In other words, the social dimension ing for communities, not just in the major cities, to sentencing must be put back firmly centre but throughout the country. Beyond the good stage in the drama of the judicial process, rather work being undertaken by the National Drugs than left in the wings unseen and unheard when Strategy 2001-08, the need to concentrate on such the sentencing process is at hand. centres as Kilkenny must now be acknowledged. I know members of the Judiciary see the con- Over the last number of years I have seen an sequences of drug addiction, day in, day out. We enormous growth in the use of heroin and ecstasy must connect the unanimity on this subject in this tablets. I know of a recent case where \20,000 House with the public’s determination that a worth of cocaine was confiscated by the Garda strong line be taken against drugs, and the under- from one individual. Right across the country lying goodwill in the Judiciary to use the new there is a major problem. There is a need for structured sentencing that will be in place, to immediate funding and response from the Garda. ensure everyone who is sent to jail with a drug There is a need for joined up effort by the agen- habit has a good incentive to participate in treat- cies involved such as county councils and the ment programmes in prison, that such initiatives HSE, to respond in partnership with community are adequately funded and available and that the groups to get action on this matter. We can at probation service acts as an ally for those who least work with the communities to ensure drug are released with portions of their sentences still pushers are finally pushed out of action as regards hanging over them, to keep them on the straight the damage they are doing to young people. I ask and narrow. There are so many things that we can the HSE to ensure that places are available for do as a society to strengthen the hand of people heroin addicts to be looked after and to receive who are vulnerable to the drugs scourge. We the care they need. There simply are not enough must always remember it is the vulnerable places, particularly in the south-east region, for elements in society who are sought out by drug that to happen. In fact some cases are being pushers in order to suck them into the self- turned away. Parents do not know what to do, destruction of drug dependency. I just want the HSE is not responding positively, and until to—— such time as the community policing committees are put in place to deal with matters on a cross- Mr. McGinley: Will the Minister not agree that agency basis, we will not be supporting those who some go to prison with a habit and come out as need support. addicts? The words of the Minister for Justice, Equality and Law Reform will simply mean nothing if we Mr. McDowell: That is the point. I agree with do not take legislative action, put the funding that, and I am adamant in that regard. I do not where it is needed and if we do not support those know what the percentage is and it is not easy to who are fighting this horrific development. work out. However, I say to the Deputy that we cannot rest easy while drugs are in our prisons. I Mr. Curran: I thank the Minister for Justice, say with all my heart that it is not good enough Equality and Law Reform for giving me an to argue that if there are drugs outside there will opportunity, which I welcome, to contribute. be drugs inside. People in prison are there for the Unfortunately the Minister is no longer here. purpose of rehabilitation. It is no more good I suppose Deputy Crowe is of like mind to me, enough to argue that than it is right to say that representing as we do constituencies where the because there are drugs outside they are bound issue of drug abuse and associated criminality is to be in hospitals or schools. That is not the right all too common. The Minister spoke about way forward. We must have a clear moral focus mandatory sentencing and the lack of it, partic- in what we say and do on this issue. ularly for those in recent years who have been I am grateful to the Deputies who brought the convicted for possession of large amounts of motion. I believe very strongly that the Govern- drugs. He talked about the increase from 6% to ment’s amendment is a fair reflection of the truth 21% and went on to say members of the Judiciary of the situation. I ask the House to support the were being influenced by Members of this House Government’s amendment and to unite in con- from all parties who have complained about the demning those who are making drugs available in lack of mandatory sentencing for very serious our society. crimes. It is unfortunate that the Minister is not here, because I would tell him that the Judiciary Mr. McGuinness: I want to share time with does not reflect the views of this House. We have Deputy Curran. sought mandatory sentencing. It is in legislation, 505 Drug Abuse: 24 May 2006. Motion (Resumed) 506 and only in exceptional cases should mandatory to take cash-filled suitcases to Ireland. At the sentencing for possession of large amounts of time he was caught, he had already completed drugs not be imposed. Had the Minister been approximately ten such trips from either here, I would say to him that if it is not being Heathrow or Newcastle. He admitted to working imposed, we need to revisit that legislation. We for a south London based drugs smuggling syndi- need the Judiciary to not just reflect on the views, cate which was making at least £500,000 per but to implement what this House has sought. week. Trafficking in drugs is very serious. The penalty This information gives some impression of the most people receive for what is a serious crime is extent of the Irish illicit drugs scene. An estimate grossly inadequate. I am sorry the Minister is not of the amount of cocaine arriving in Ireland here for me to tell him we need to revisit the between 1995 and 2004 published by the Joint legislation. The 21% of people convicted of pos- Committee on Arts, Sport, Tourism, Community, session of a large amount of drugs who receive Rural and Gaeltacht Affairs was \5.37 billion. the mandatory sentence are in the minority. This Provisional figures for 2005, recently sent to the does not adequately reflect what this House Minister for Justice by the national drugs unit, wants or what we, as public representatives, indicate that the cocaine market in Ireland is require. I support the Government amendment worth an estimated \210 million. This is almost a to the motion. tenfold increase in just ten years. Cocaine dealing has spread throughout the Mr. O’Shea: Ba mhaith liom mo chuid ama a country. In my region, the south east, the percent- roinnt leis an Teachta Upton. Ta´ a´thas orm lab- age of those seeking the support of regional hairt faoin dochar ata´ a´ dhe´anamh ag drugaı´ services as a result of cocaine misuse was 0.5% in mı´dhleathacha ar fud na tı´re, sna cathracha, sna the year 2000. Of the 2,786 who sought treatment bailte agus sna sra´idbhailte ar fad. for alcohol and drug abuse in 2005, 2.3% were I welcome this private Members’ motion on the misusing cocaine. In this region there is some misuse of drugs. It affords the House the oppor- anecdotal evidence that cocaine users are tunity to debate the serious threat to our society presenting with chest pains. Cocaine can cause posed by increasing drug use and the parallel hor- problems for the heart and lungs. rific violent increase in drug dealing. Irish-based The use of cocaine is spread evenly across the drug dealing is not confined to the Irish market. region. In gender terms, 73.8% of those In his 2004 book Gangs, the author Tony presenting for treatment — for all drugs — in the Thompson, crime correspondent for The south east region are male, while 26.2% are Observer, made some startling revelations. The female. In terms of age, four of those presenting following quotation from his book comes from for treatment were between ten and 13 years old, one of the biggest cocaine dealers in the north while 59 were aged between 14 and 17 years. east of England: While extremely welcome capital investment in drug prevention is focused on the main urban A lot of the stuff I deal with comes via centres, there is a need to spread this investment Ireland. There’s a lot going on over there to both large and small towns throughout the because the Irish navy consists of something country. The fact that cocaine is seen by many as like two rubber dinghies and one of those a drug of leisure that has no detrimental effects inflatable bananas. There’s so much coastline, is worrying. they just can’t patrol it all. It’s absolutely wide The pattern for so-called leisure users of open. cocaine seems to be first to consume a large This quote does not, of course, do justice to the amount of alcohol, followed by the cocaine. The Irish Navy. However it outlines the real situation Oireachtas Joint Committee on Arts, Sport, with regard to our ability to patrol our coastline Tourism, Community, Rural and Gaeltacht effectively to prevent the entry of illegal drugs. Affairs is currently preparing a report in regard Mr. Thompson goes on to state that the part to including alcohol in the national drugs the dealer finds hardest at the moment is not strategy. The trend or pattern that has been iden- bringing the drugs into the country but getting tified would certainly vindicate this inclusion. the money out to pay for them. There are plenty The conclusions and recommendations of the of friendly bureaux de change that he and his fel- same Oireachtas committee report on the treat- low gang members use to change small denomi- ment of cocaine addiction, with particular refer- nation notes into European currency, but the dif- ence to the Irish experience, refer to the need for ficult part is actually getting the cash out to Spain, preventative strategies, including health pro- Amsterdam or Ireland to pay for whatever is motion and basic factual information on cocaine coming in. The book goes on to describe the case and its risks, to be provided in leaflet form and of a man who was arrested some years ago as he in the media. There is further reference to the was boarding a flight from Heathrow to Dublin need for specific psycho-education to expose the carrying two suitcases containing more than misconceptions about enhanced performance in £500,000. He admitted being paid £35,000 a time sport through cocaine use. A further key element 507 Drug Abuse: 24 May 2006. Motion (Resumed) 508

[Mr. O’Shea.] go on to develop an addiction, and even then of the committee’s conclusions was that pro- the process can take up to eighteen months. fessionals from a wide range of disciplines must With crack around 80 percent of users go on to be prepared to target schools and youth clubs to develop an addiction, usually within two weeks demystify cocaine use and expose its dangers. of their first smoke. There is an onus on all of us in public life to Tony Thompson goes on to say that 73% of chil- get across to the so-called leisure users of cocaine dren who were battered to death by their parents the message that the massive proceeds from the in the New York area in 1988 were the offspring drugs industry are being enjoyed by ruthless of crack users, while 40% of homicides in the city criminals. These individuals have brought gun crime to new levels, with a subsequent disregard were crack-related. The level of crime associated for the value of human life. I agree with the Mini- with crack addiction is more devastating than that ster for Justice, Equality and Law Reform on the of all other drugs combined as addicts in their point he made in his contribution that unless thousands become criminals and pursue cash for people stop taking these drugs, the Garda and their next fix. It is imperative that the spread of other agencies will always be in a catch-up crack cocaine use in Dublin and throughout the situation with regard to dealing with the problem. country is prevented. The Government and all If there is no demand, supply is irrelevant. Too other relevant arms of the State must urgently many people take the view that what they are mobilise in this regard. While the latest infor- doing is harmless to themselves and others, but mation states that crack cocaine is relatively con- they should take into consideration the vast sums fined to one part of inner city Dublin, I do not of money coming into the coffers of ruthless doubt that it will spread to other cities and towns criminals who are prepared to go to any length to like wildfire unless we are vigilant and we show a protect their patch. We must try to make an great commitment to stemming its spread. I have impact and point out again and again to people focused on cocaine misuse as it is the most serious who use cocaine as a leisure drug that what they drug problem confronting us at present. If we do do does not just harm themselves, but contributes not take immediate action to tackle the problem to the high level of crime in our society. We need of crack cocaine use, however, in future years we to stamp it out as quickly and effectively as will have to address a crack epidemic that is doing possible. even worse damage to our cities, towns and com- We should pay particular heed to the recent munities. comments of the Garda Commissioner, Noel The Department of Community, Rural and Conroy, on this matter: Gaeltacht Affairs, which is responsible for the matters on which I am the Labour Party’s spokes- We are doing extremely well in terms of man, has the co-ordinating role in combating detecting the trafficking of drugs. But when drug use in partnership with the local and you come down to the whole area of shooting regional drugs task forces. This year’s Estimates individuals, of course the help and co-operation provide \5 million for the regional drugs task coming from the people involved is, you could forces as they roll out their plans. It is estimated say, nil... Many of the weapons being used by \ drug gangs in fatal gun attacks had been that it will cost 12.2 million to finance the plans sourced from eastern Europe. Others were when they are rolled out in full. Therefore, the entering the State with shipments of illegal State has decided that less than half the drug drugs. However, Gardaı´ were succeeding and action plans will be implemented this year. As I many people were before the courts at present. previously said to the Minister of State, Deputy Noel Ahern, the sense of urgency that is needed The most important thing I have to say this is just not there. Action needs to be taken by a evening relates to a new and even more harmful range of Departments, but for the purposes of drug that is emerging in Ireland. I have dealt pri- this debate I am most interested in the work of marily with cocaine so far. Crack cocaine has the Department with which I deal. been identified on the streets of Dublin’s north The plague that could arise in this country if inner city. I refer again to Tony Thompson’s book crack cocaine takes hold here will be not to give some idea of the effect of crack cocaine: prevented if the current laid-back attitude of var- The effect of the drug alone was enough to ious Ministers to the problem continues. We have guarantee its success. The instant euphoria that to agree that we face a substantial problem and a rock of crack produces usually lasts forty or mobilise all the resources of the State to combat fifty seconds, a few minutes at the most, and a it. The point that is sometimes made by the Mini- mere flash in the pan compared to the thirty- ster of State, Deputy Noel Ahern, with whom I minute cocaine high or the three to four hour do not often agree, bears repeating — as long as trip from a dose of heroin. But with crack, the there are customers, the supply will follow. high has no parallel. There isn’t anything else People who use cocaine as a leisure drug should like it. Around seven per cent of cocaine users think again. 509 Drug Abuse: 24 May 2006. Motion (Resumed) 510

Dr. Upton: The thrust of what I will say will well informed of where and how one can acquire relate to the protection of innocent communities the drug of one’s choice. If it is so easy for such which are the victims of the scourge of drugs. young people to tell me where and how drugs can Deputy O’Shea spoke at length about crack be bought, why are there not many more hauls of cocaine. When I was doing some research on this illegal drugs? I accept that, compared to ten years subject on the Internet today, I found infor- ago, there is much more information, open dis- mation about 23 different illegal drugs. cussion and education on drugs and their effects Crystal meth, which is the most recent drug to on communities. It should be accepted that the hit the streets, is more addictive than crack scale of the drugs problem is escalating, however. cocaine. It is now considered to be the most sig- I hear stories in my constituency every day nificant cause of drug problems in north America. about the ravages of the impact of drug abuse on There are no statistics on the abuse of crystal individuals and communities. My sympathies are meth in Ireland, but there is no doubt that it will with the decent people who have to live beside find its way into our communities and will drug dealers. They are afraid to leave their homes increase in popularity, just like all the other drugs because of stress and intimidation and the fear of we have encountered and had to deal with. Crys- being mugged. They are afraid their children will tal meth is a synthetic drug that is reputedly quite get caught up in this vile trade. They are afraid simple to make in one’s kitchen. There are their homes will be broken into and ransacked. reports that many people have died as a result of They have every reason to have such fears taking very small quantities of the drug. It is the because the things I have mentioned have hap- latest in a long list of illegal drugs to have hit our pened already to many of them. They are also streets, but it will not be the last. I do not doubt concerned for the reputations of their communi- that our enterprising chemists, for want of a ties when word spreads rapidly that certain places better word, will find new drugs and new ways of are drug shops. producing more illegal products which will have The dreaded drug barons, who are at the root devastating effects on our communities. of the disease that has blighted our streets, must Figures for last year show that the Irish illegal be stripped of their assets. They must be removed drug trade is now worth \13 billion a year. The from communities and put behind bars. I heard extent of the devastation of individuals, families the discussion about sentencing earlier. Their ill- and communities by drug abuse cannot be gotten gains should be redistributed to the com- measured in monetary terms. The drugs trade munities which have suffered as a result of their involves the particularly vile and horrible exploi- violence. Many communities are crying out for tation of vulnerable people. This country’s so- facilities and supports. called drugs barons, who live the good life here In many areas, there is a shortage of sporting or abroad, use the most base methods to attract activities and youth facilities. Last week, in — and terrorise if necessary — their stooges who another part of my constituency, I listened to the help them to make their fortunes. I am told that concerns of local people regarding the lack of the pattern of entrapment involves one of the Garda responses. While they did not blame indi- operators giving relatively innocent victims their vidual gardaı´, they simply made the point that first drug samples free of charge and inviting there are not enough of them. them to come back for more. The unfortunate addicts are simply pawns in a The vultures usually hang around near schools bigger game. Few facilities are dedicated to them, or discos, where they have something of a captive areas of social disadvantage are most at risk and audience, so they can ensnare their victims slowly there is an urgent requirement to improve facili- but surely. The plot then involves blackmailing ties for rehabilitation. Moreover, there is a cost the victims so they become carriers, delivering to local communities, which must often bear the small quantities and gradually being forced to get brunt of the anti-social behaviour which fre- involved in bigger-time business. I have been told quently accompanies the treatment of addicts. I that it is not unusual for drugs to be deliberately refer to those areas in which it is reported that planted on such people. The Garda is then told syringes and needles are dropped around the they are dealing drugs, even though they are place. Greater facilities and many more dedicated somewhat innocent in all this nasty business. We resources are required. know only too well about the outcomes for the unfortunate people who get caught up and Mr. Gregory: The drugs crisis is now endemic. ensnared with the big dealers and are in hock to Neglect by successive Governments in the past 25 them. years has fuelled this social disaster. It was That the number of drug seizures is increasing ignored while it was confined to inner city is an indication of the increase in the availability disadvantaged communities. However, it is now a of drugs. I attended a function last night at which countrywide problem and the Government a number of young people, who are not involved response is both too little and far too late. in drugs in any way, were in attendance. When I Many of the Irish drug dealers of the 1980s and spoke to them about drugs, I learned they were 1990s have become major international drug traf- 511 Drug Abuse: 24 May 2006. Motion (Resumed) 512

[Mr. Gregory.] important debate on the drugs crisis, which is fickers and are based in Amsterdam, Liverpool damaging the entire country. Before discussing and Alicante. They are flooding this country with the details of the motion, I express my sympathy cocaine, heroin and other drugs. The State failed to all the victims who have been affected by the to deal with them then and cannot get near them rampant drugs epidemic. Each time I attend the now. In addition, Nigerian non-nationals are funeral of someone who has died as a direct con- developing a frightening crack cocaine distri- sequence of drugs, I become depressed and sad- bution network in Dublin’s north inner city. dened. In the past 20 years, I have attended many Crack cocaine is beginning to be used in many such funerals, many of which were of my past disadvantaged drug-smitten communities. pupils. The Government should stop congratulating Despite all the talk from Ministers, this epi- itself, as it has in its amendment. Its offensive demic is completely out of control. I demand amendment should be withdrawn. In particular, it action and a considered response to the drug should delete the laughable reference to the dealers and the victims, as well as care for the Minister of State at the Department of Com- addicts. It is a community issue, a health issue and munity, Rural and Gaeltacht Affairs, Deputy a policing issue. Any other response is merely hot Noel Ahern, and his so-called successful handling air. It is as simple as that. The Government of the drug crisis. should tackle the drug dealers, help the victims, I wish to pay tribute briefly to the work of educate the children and assist the addicts Fergus McCabe, which is unequalled by anyone damaged by the misuse of drugs. in the fight against drugs. It speaks volumes that While Members debate the drugs issue, I wish someone as totally dedicated as Mr. McCabe was to address the issue of supply. In particular, I obliged to resign from the drugs strategy team of refer to developments regarding cocaine in Col- the Minister of State at the Department of Com- ombia. I challenge the Minister for Justice, munity, Rural and Gaeltacht Affairs, Deputy Equality and Law Reform and the Government Noel Ahern. on this matter. I acquired some real facts while On a number of occasions in this House, I have acting as an independent observer there. There raised the Government commitment to rehabili- is tolerance of the Mafia armed wing, the narco- tation measures, such as it is. There is an excel- paramilitaries in mainstream political circles. lent training and development project in the These dark forces are in the Colombian Congress, north-west inner city based around the old judiciary, police forces and the army. The markets area, which works with people who had Colombian mob has spent years infiltrating the serious heroin addiction problems. This project, State’s institutions, intelligence services, customs based on a FA´ S scheme, has done the requisite authorities and the police. groundwork and has reached a stage at which it The Minister for Justice, Equality and Law could be of great benefit to recovering addicts. Reform, Deputy McDowell, will not be heard dis- However, it is imperative that project should cussing such people, because he knows, as does receive the funding required to employ three full- the rest of the world, that they are linked directly time personnel with the skills and expertise to to right-wing paramilitaries. Why does he stay sil- fully implement the rehabilitation process. Con- ent on this important matter? I refer to the link trary to the claims of the Minister of State, between Colombia and the cocaine supply in Deputy Noel Ahern, the project does not want Ireland. Corruption in Colombia is so bad that in three additional staff. It wants three full-time pro- 2002, using the well-worn strategies of intimi- fessional staff, who are unavailable to it under a dation and bribery to empower their hand-picked FA´ S scheme. For the present, the necessary funds candidates, such groups boasted that they con- could come from the emerging needs fund. In trolled 35% of the Colombian Congress after the future, after the project has been allowed to elections. No one knows how far they have prove itself, its status could be regularised by the advanced since the congressional elections last Health Service Executive or an appropriate March. The Government is aware of this, as is the agency. If the Government and the Minister of United States Government. The EU also knows State, Deputy Noel Ahern, were as committed as the truth about Colombia. It is time for action to they claim to focussing on rehabilitation, they deal with this major threat to international would recognise the project’s importance. Instead democracy. The Government should tell the truth however, the Minister of State drags his heels and and challenge President Uribe. misrepresents the appeals made by me and I call on the Government to immediately for- others. Shame on him. mulate, resource and implement an action plan to I wish to share time with Deputies Finian combat spiralling cocaine use, to dedicate McGrath, Catherine Murphy, James Breen, adequate funding to significantly expand the McHugh and Cuffe. availability of drug treatment and to eliminate waiting lists for treatment. This debate is about Mr. F. McGrath: I thank the Leas-Cheann drugs and health. This motion concerns drug Comhairle for the opportunity to speak on this dealers and above all, it concerns protection and 513 Drug Abuse: 24 May 2006. Motion (Resumed) 514 care for citizens, and I urge all Members to sup- investment in the solution to the problem. The port it. existence of waiting lists for treatment is ridiculous. Essentially, if one informs people with Ms C. Murphy: I welcome the opportunity to addiction problems that they are obliged to wait support this motion. This is one of the most or to go on a waiting list, one is telling them to important issues facing the country. Unfortu- carry on with their existing problems. Much of nately, Ireland has had enough experience of the the policing response is not the kind that will drug problem in the past three decades to know make newspaper headlines. It is important that what must be done. The courage of inner city the CAB continues its work — it more than justi- communities who reacted against local pushers fies its existence. However, community police and acted as a spur for the implementation of the juvenile liaison officers form part of the prog- national drugs strategy. It has its roots in such ramme. I fully support the motion. actions. While there was hope that the problem could Mr. J. Breen: Ireland has seen great advances be contained, the strategy requires the whole- in recent years economically, industrially and hearted endorsement of the Government and I socially. With this change has come a sharp do not see evidence of such an endorsement. The increase in crime. Drug use in part- lack of a dedicated portfolio indicates the 8 o’clock icular has risen rapidly and has left Government believes the problem is being far behind it those institutions that tackled and is on the decline. might protect and guard society from the dangers As Members are aware, cocaine is a fashion- and crimes associated with the drug trade. In able drug. Those with high disposable incomes County Clare the number of drug samples for- use this drug. Frequently, while such people can warded by the Garda to the State Laboratory for afford to socialise or buy a car, they cannot buy analysis has already increased by 78% this year a house. People begin to use it on an occasional alone. Despite the best efforts of the under- basis, then increase their usage to twice or thrice resourced Garda, the amounts seized represent a per week and subsequently, a dependence mere fraction of the real problem in the county develops. Users often refer to the activity as a where one Garda superintendent has acknow- white night. Those in a group of friends who do ledged publicly that there has been a significant not use the drug feel unwelcome. increase in the availability of hard drugs, in part- It is readily available in my constituency and I icular heroin, and that this rise has led to a major do not believe the situation is different anywhere increase in associated crime. However, Clare has else. The Garda is well aware of the problem. only two permanent members and one temporary However, I am not convinced the resources are member of the Garda Sı´ocha´na assigned to the in place to deal with or break up the networks. I Garda drug unit for the county. am alarmed by the escalation of the problem in This summer will see a large welcome influx of recent years. While I was going to say the prob- visitors to Clare, in particular to various festivals. lem is under my nose, in the context, that would Miltown Malbay will see the annual pilgrimage of probably be inappropriate. Small-time pushers thousands to the town for the Willie Clancy music operate in every town and village and are the festival. There is an obligation to have the festival necessary component of the drug network. Such properly policed. At present Miltown Malbay has networks must be broken up before a reduction one garda and one sergeant, whereas in the in use will occur. However, that would require recent past we had four gardaı´ and one sergeant. dedicated and ongoing police work. I call on the Minister for Justice, Equality and Cocaine users who use the drug on an everyday Law Reform to address this matter urgently. The basis can only sustain that lifestyle for a short emergence of the Criminal Assets Bureau in the time. As there is no substitute for cocaine, like last decade has been welcome. However, slowly methadone for heroin, one can predict the prob- the wide-ranging powers available to it have been lems which will arise in the future, given that diluted following a series of court challenges to waiting lists to deal with the effects of addiction its licence. As the Legislature we must do all we already exist. This escalation will put pressure on can to ensure proper investigative powers avail- a system that is already overburdened. Members able to the bureau are maintained. must be provided with evidence that the strategy Equally, proper sanctions should be available is being resourced and that it takes account of to judges. There is no point in giving them the both existing use and the escalation of use. I power to impose supposedly mandatory sen- underline the importance of the escalation of tences when they cannot be applied. The court drug use. system requires that a reduced penalty be applied While people in Ireland are good at adopting where a defendant pleads guilty to an offence strategies on paper, we fail when such policies from the outset, which prevents the imposition of require implementation. For those with an addic- a mandatory sentence. We require stiffer sanc- tion problem, a readily available range of services tions with minimum sentence recommendations must be put in place. This must be viewed as an as opposed to mandatory sentences. 515 Drug Abuse: 24 May 2006. Motion (Resumed) 516

[Mr. J. Breen.] I have concentrated on the stick approach to In Clare we are somewhat fortunate, as our sit- dealing with the issue. However, education must ting District Court judge has adopted a no-non- play a very important part in dealing with the sense approach to drug offenders coming before problem. While some good programmes have him. Cases are regularly adjourned to allow for been run, it is time for a new series of education analysis of supervised urine samples which are programmes targeted at secondary school tested for drug and alcohol use over a period students in rural areas. Programmes that would between four and six successive weeks. This is show the full shock horror effects of drugs are done in conjunction with appointments with the required to get across the terrible effects of drugs probation and welfare service. This approach has to our young population. This is an issue for the helped to rescue some of those who may have Department of Health and Children and the HSE been in the early stage of addiction and helped in conjunction with the Department of Education them get back on a straighter path. However, and Science. locally our already overworked GPs have difficulty at times in helping defendants meeting court Mr. Cuffe: I commend Sinn Fe´in on tabling the testing requirements. The HSE should take on motion. The drugs issue is about more than just the role of establishing centres throughout the methadone. The European Union Drug Strategy community to accommodate such testing while at 2005-2012 outlines a blueprint for a successful the same time providing drugs awareness prog- drugs strategy, and refers to “an effective and rammes and counselling services. integrated comprehensive knowledge-based system including prevention, early intervention, Mr. McHugh: I compliment the Sinn Fe´in Party treatment, harm reduction, rehabilitation and on tabling the motion which has relevance for the social reintegration.” While access to treatment entire country. Drugs are being peddled through- and harm-minimisation are vital features of any out the country. Every Deputy must deal with drug strategy, they can only form part of a suc- drug issues, regardless of whether they are from cessful strategy. rural or urban constituencies. The problem is no I will talk about the wider drugs issues here. As longer just the preserve of inner cities. As a rural- Deputy Boyle pointed out last night, the Govern- based Deputy my concern is that the mistakes ment regards this as a problem that can be made in dealing with the issue in urban areas tackled in isolation, which is a very naı¨ve might be repeated in rural areas. The issue needs approach to a problem of far-reaching magnitude. Our current drug problem is inextricably linked to be arrested in rural Ireland before it spirals out to the wider issues of marginalisation and the of control as it has in many urban areas. One of growing disparity between the very rich and the the basic mistakes made was the failure to very poor in this country. It is about inequality, provide sufficient Garda manpower to drugs task poverty and neglect. It is not about absolute pov- forces to nip the problem in the bud in the initial erty but about relative poverty because when the stages. If the supply of drugs is cut off the drugs “have-nots” see what the “haves” have it is time problem will not expand. While I realise that may to ensure they get their fair share of the wealth ´ be fanciful thinking, with sufficient gardaı and of the nation. drugs task forces with sufficient resources, the Tony Geoghegan of the Merchants Quay pro- problem can be contained. ject has pointed out that those with no stake in Therefore it is imperative that the Minister for society and no place in education or the jobs Justice, Equality and Law Reform should market deal in drugs to gain status. It is important increase Garda manpower levels and increase the that the Government does everything it can to Garda resources to rural areas. The Government give these people a stake. I represented the south needs to recognise that we have a drugs problem inner city for ten years and I saw the absolute and in rural Ireland and take action accordingly relative poverty. This Government, the previous before we need to establish large-scale metha- one and all governments in the 1990s failed to put done clinics etc. in the towns throughout the the resources and investment into the areas that country. Young people need to be protected from are crying out for educational assistance, housing the unscrupulous drug dealers who have no and amenities. They are not getting the attention regard for life. It is important to send the clear they deserve. They did not get it then and they message to people who make money out of young are not getting it now when we have a huge people that they will be caught by fully equipped amount of wealth. Garda units. We cannot send that message today, I refer to rehabilitation in our prisons. It is no as we do not have those properly manned units. secret that Ireland’s prison system is and has for The Minister correctly said this evening that we some time been rife with illegal drugs. The Mini- are not unique in having this problem. However, ster for Justice, Equality and Law Reform the problem here is ours and it is up to us to recently unveiled a new prison drugs strategy. ensure that what is needed to deal with the prob- Bizarrely this new strategy was developed with- lem is provided. out consulting the national drugs strategy team. 517 Drug Abuse: 24 May 2006. Motion (Resumed) 518

The inspector of prisons, Mr. Justice Dermot ment is needed in youth facilities and diversion Kinlen, has condemned the Irish penal system as programmes. In addition, through the RAPID an utter failure and called on the Minister to programme, we are trying to deal with the issue implement a radical overhaul of the rehabilitative of marginalisation in society. The design of hous- programmes in our prisons. However, the Mini- ing estates and its impact on crime levels is ster has refused to consider his suggestions. In another issue. Certain buildings attract problems rejecting the inspector’s call for new rehabilitat- by their very design. Many issues must be tackled ive approaches such as enhanced family visiting and we will focus on that age group. arrangements and prisoner employment prog- However, it is simplistic to say that drugs are rammes, the Minister, Deputy McDowell, is fail- only a problem among one socio-economic group ing to play his part in the war on drugs. in society. Cocaine abuse is one of the greatest The Department of Community, Rural and challenges we face because it is not as clearly Gaeltacht Affairs has estimated that total defined socially or geographically as the heroin Government spending on drug treatment and problem. It would be foolish to think that focus- preventive initiatives would be approximately \43 ing on one area will address the totality of the million in 2006 compared with \13.5 million in drugs problem in our society. There were multifa- 2002. However, the increases in the value of drugs ceted and clearly defined reasons for the abuse of seized in recent years have been more impressive. heroin and other drugs and they were easier to The value of drugs seized in the State has tackle than the new phenomenon of cocaine increased fivefold since 2000 to approximately abuse which is rife throughout society. It must be \100 million last year. It is accepted inter- tackled and we must develop new policies. nationally that the authorities seize only approxi- Regional drugs task forces point out in every mately 10% of all illicit drugs. This values the one of their reports that the alcohol is the \ drugs trade at approximately 1 billion per year. primary drug. The debate is ongoing about Increasing fines reflect that the drugs problem is whether alcohol should be treated as a drug. The more significant in our society than we thought polyuse of drugs is also an issue, where a combi- and that the system of policing is not working. nation of drugs is taken, including alcohol. It was I refer to drug related violence. Dr. Chris Luke, stated in the House last week that the debate on an accident and emergency department consult- drug abuse is confrontational and the issues are ant in Cork University Hospital, has more than not teased out, but these issues must be debated 20 years’ experience and he has witnessed a Deputy English asked how many people have relentless increase in the number of cocaine users come off methadone. Approximately 8,000 presenting with acute agitation, anxiety and viol- people are on methadone and 360 have come off ent tendencies. He says cocaine abuse creates an it. He also raised the waiting times for treatment, omnipotent, all knowing, all powerful cruelty, especially in the midlands. It can take up to 19 which results in people revelling in gratuitous months in the Athlone centre and six months in violence. Unfortunately, we have witnessed the the Portlaoise centre. However, the waiting times effects of this capacity for cruelty and gratuitous are shorter at Clondalkin and Ballyfermot. Other violence over the past six to eight months culmin- than that, assessment and treatment are available ating in the tragic death of Donna Cleary in quickly, varying from a number of days to a few March. One of the men under suspicion in con- weeks. nection with her death was a chronic abuser of Deputy Gregory referred to the north-west heroin and cocaine and was clearly under the influence of cocaine on the night she was killed. inner city Dublin scheme. The Minister of State will visit the scheme shortly and he will then Minister for Community, Rural and Gaeltacht make a decision on funding under the emerging Affairs (E´ amon O´ Cuı´v): Ta´ cu´ ig no´ ime´ad agam needs fund. He gave a detailed reply on that issue ach nı´ mo´ raname´ sinledı´riu´ ar an gceist seo. during Question Time recently. A number of Members raised issues. The normal Regional drugs task forces have been allocated \ practice is for a Minister to make a contribution 5 million this year to implement their plans, outlining all the money we have spent on an issue which is all they will be able to spend because but I will make a number of general comments schemes must be cranked up. However, the fund- before addressing the specific issues raised, if I ing has been increased to \12.2 million. Funding have enough time. Drugs and areas of depri- will need to continue to increase and we will try vation are more or less synonymous with each to secure good incremental increases, as has been other and the State’s drugs policy has been the case in the recent years. developed on that basis. Deputies O’Shea and Gregory referred to the The young people’ facilities and services fund use of crack cocaine in north inner city Dublin. was established with the focus was on areas of We have discussed this issue on a number of high deprivation and this must be sustained. occasions with the Garda. Thankfully, it is limited Much work has been done but more still needs to to a small area but we accept it is a threat and we be done. Funding has increased but more invest- must try to see what we can do to stem it. 519 Drug Abuse: 24 May 2006. Motion (Resumed) 520

Mr. Morgan: The Minister of State with the Government to formulate, resource and responsibility for this area has no idea about what implement an action plan to combat spiralling is happening. During his contribution, he referred cocaine use and to do this in partnership with to a changed landscape and the improving community representatives and groups. This must situation. He is the only person who does not include granting the local drugs task forces the know the threat of drugs is greater than ever. extra resources to begin addressing cocaine and I refer to my experience in the north east. crack cocaine problems in their areas, as well as Recently, I was contacted by two mothers separ- the extension of existing successful pilot projects. ately. Each had a son locked in a bedroom in the The same Minister of State has responsibility town of Dundalk to try to keep them off drugs. for both housing and drugs, two critical port- They asked me for help because virtually no folios. He is making no headway in dealing with assistance is provided by the Health Service either. It is vital the issue be given the attention Executive or other agencies in the region. One of a dedicated Minister of State with sole doctor and one counsellor are trying to cover the responsibility for the drugs issue. This must be entire region. Both professionals have waiting done soon and the Government must face the lists the length of one’s arm. One must wait crisis that is unfolding across this State by putting between four weeks and four months for a con- proper provisions in place. sultation with either of them. I am forced to refer addicts to the Crossroads Project in Drogheda. CaoimhghıńO´ Caolaín: Ba mhaith liom The group comprises recovering addicts and sym- buıóchas a ghabhaíl le gach Teachta a ghlac paírt pathetic people. They rented an old shack and sa dıóspo´ ireacht ta´bhachtach seo ar son bhaill renovated it with their own hands to hold their Shinn Feín. I thank all Deputies who have partici- meetings. They received no funding or assistance pated in this important debate. The Sinn Feín from any Government agency. Deputies tabled this motion because we believe One of the mothers to whom I referred earlier that far too little attention is being paid to the has borrowed money so that she can buy metha- massive problem of drug abuse in society. It has done from drug dealers. That is her option to not received the attention it deserves and it is keep her son off heavy drugs. Should I tell that timely that everyone here is reminded of the woman on behalf of the House that the Govern- impact of this problem in every neighbourhood ment does not care? Previous speakers, including in the country. Government backbenchers, have provided In our approach to this debate we have chosen similar examples and the lack of resources is as not to attack but to encourage. That must not be bad in the south east as the north east. The lost on the Minister responsible and his col- people involved in the Crossroads Project have leagues. There must surely be a realisation across attended the funerals of eight drug addicts over this Chamber of the enormity of the challenge to the past three years. The oldest person was 34 be faced. We know it and we do not underesti- while the youngest was 21. That age group is mate it, nor do we underestimate the difficulties caught in this dilemma and the Government is involved. We have been constructive and rather doing too little to deal with this problem. Part of than concentrate on the shortcomings of Govern- the reason drug addicts die at such a young age ment policy and implementation, we have pro- is no accommodation is provided for them. They posed concrete measures to improve the sleep rough in doorways. The only people who situation. These measures reflect the experience offer help to them are the Crossroads adminis- of our activists and elected representatives in the trators and their parents. The Government has communities worst affected by the scourge of abdicated its responsibility in this area. drugs, as well as the experience of people work- My party has repeatedly brought the increasing ing in the sector. The response of the Minister of cocaine and crack cocaine crisis to the Govern- State, Deputy Noel Ahern, is the typical knee- ment’s attention over recent years. Following the jerk self-congratulatory amendment that seeks to publication of the Merchants Quay Project bury, by weight of numbers on the Government annual report last September, we demanded a benches, the truth from full public gaze. Shame fully resourced national action plan to prevent on him. and address cocaine use and its consequences. In addressing the drugs crisis, it is vital that the This was done in the context of the Government’s response is community led and community ongoing failure to acknowledge the gravity of the driven. When heroin first appeared on the streets situation. Thankfully, in recent months, a number of Dublin in the early 1980s, communities were of Ministers have belatedly accepted there is a totally abandoned by the State. They had to cocaine problem, but they continue to underesti- organise themselves to protect their children mate its size and geographical spread. from drugs. Very often they were met not only The Government must learn from the past fail- with neglect but with harassment from the State. ure to acknowledge and respond to the emerg- Some community activists were even imprisoned ence of the heroin crisis and the grave con- for trying to protect their children from drug sequences of that neglect. Sinn Feín is calling on pushers. Over the years, communities built up a 521 Drug Abuse: 24 May 2006. Motion (Resumed) 522 huge fund of knowledge and experience about Despite clear evidence that residential drug how to address the massive problem of drug treatment is effective, severe difficulties remain abuse in their families and communities. Their in accessing treatment. There is an urgent need input has been vital at every level. The know- to end waiting lists for such treatment. Harm ledge and experience of communities must be reduction is not confined to supporting people in harnessed and those communities must be their efforts to break their addiction. Efforts must empowered. In that respect, I commend all those also be made to minimize the dangers to health who worked in this area, be they in paid employ- posed by drug use. This includes the need for ment or volunteers. In particular, I commend the expanded needle exchange programmes to Cavan drugs awareness group on its recent host- reduce the risk of HIV and hepatitis C infection. ing of the Dublin-based Men At Work at the These programmes should be extended to cover Ramor Theatre in Virginia, County Cavan. prisons. The approach of the Minister for Justice, This is a multifaceted problem requiring a mul- Equality and Law Reform will not end drug mis- tifaceted response. We have called for more use in prisons, but will drive it further under- effective policing, specific action to deal with the ground and increase the danger of HIV and hepa- hugely increased problem of cocaine use and titis C. We should at least note that the Minister focussed efforts to address poverty, social addressed the issue in a debate this evening and exclusion and educational disadvantage. It is resisted the temptation to embark on one of his essential the Government dedicates adequate anti-Sinn Feín rants. It is sad that we have so little funding to significantly expand the availability of for which to be thankful. drug-user treatment and to eliminate waiting lists The Government must get its act together by for treatment. It is unacceptable that there are further increasing the resources available to the waiting lists for treatment and there is no excuse Garda national drugs unit, local drugs units and for this. It is generally recognised that the metha- Garda juvenile liaison officers. It should speed up done maintenance programme is limited both in the process of civilianisation so more officers can scope and in geographical area and there is far be freed up to combat the drugs scourge on the too much reliance on this programme as the main front line. The hundreds of personnel and mass- medical response to heroin addiction. For metha- ive funding devoted to the special branch would done to be effective in assisting people to become be better utilised protecting communities from drug-free, it must be used together with a range the real threats to their lives and tackling the sup- of other interventions. ply and sale of drugs. When communities have The Government needs to expand the spec- faith in gardaı´, when they are seen to be effective trum of services available so that all drug users in tackling this malignant growth in our midst, who want to avail of treatment and other services people will support them and we will see the can do so. It should also ensure that drug users beginning of a rebuilding of community confi- have access to the other counselling and medical dence in its police force. services they need, without discrimination. These The Government amendment is defensive in services should be culturally appropriate. It is the extreme. It is depressing that there is no important that homeless drug users are treated recognition in the amendment, nor in the speech appropriately and preferably within their area of of the Minister of State last night, of the continu- origin. People working in the sector also make ing impact of the drugs scourge on real people, the point that providers of mental health services families and communities. The Sinn Feín motion should be open to treating people with dual men- does not condemn the Government as such tal health and drug use problems. motions often do. It offers a clear analysis of the Effective rehabilitation is vital as part of the problem and presents proposed actions. It overall effort to combat drug misuse. There must deserved a better response than this amendment be a continuum of care for those who have over- and last night’s speech by the Minister of State, come drug misuse and are recovering. Treatment Deputy Noel Ahern. options need to include increased numbers of Nobody denies there have been improvements detoxification beds for recovering users. There in the way we as a society respond to this prob- needs to be more inter-agency co-operation so lem. However, this has happened in a context people in recovery can rebuild their lives. Health, where drug misuse has expanded greatly and employment, social welfare and housing needs adversely affects far more people than ever should be addressed. Too often, families have before. The hurt, pain and devastation of families seen the tragedy of a child who successfully is all about us if we only look and listen. Sadly, battles against addiction only to succumb once there was scant recognition of that in the Govern- again. In some cases, this results in drug overdose ment’s response to this motion. There was a com- and death, or another statistic to add to the placency in the Minister of State’s response, even innumerable lives destroyed by drugs. Continuity in the face of the evidence he cited about of care is vital to help avoid such tragedies. There increased use of cocaine. I dispute his contention is a need for the development of opiate overdose that substance misuse prevention programmes in reduction strategies. schools have equipped all students with know- 523 Drug Abuse: 24 May 2006. Motion (Resumed) 524

´ [CaoimhghıńOCaolaín.] in delivering his speech, instead noting the ledge about the dangers of drug misuse. The motion and stating that it presented an oppor- delivery and effectiveness of these programmes tunity for debate. needs to be monitored and assessed. Assumptions This debate has been long overdue, but a by the Minister will simply not suffice. renewal of the commitment on the part of the It was alarming to hear the Minister of State Government to address the damage being done attempt to put a positive spin on the supposedly to society by the scourge of drugs is also long falling numbers of heroin addicts. The more than overdue. I have listened to the contributions 12,000 heroin users in Dublin and 8,000 people made last night and tonight and can say there is receiving methadone are nothing to boast about, much common ground in the Daíl and among yet the Minister of State favourably compared the statutory agencies, those working at the coalface, numbers being treated today with those treated including community and voluntary bodies, com- in 1997 as if the increase was a sign of success. munities and drug users themselves about how we That is nonsense. can move forward. Commitment and drive will be According to the script distributed by the Mini- needed and, to that end, I suggest we all strive ster of State last night, he strenuously rebutted together. Taking the first step will require support the motion put forward by Sinn Feín. I am glad from all Deputies for the motion tabled by Sinn he had the common sense not to use that phrase Feín.

The Da´il divided: Ta´, 69; Nı´l, 60.

Ta´

Ahern, Noel. Kelly, Peter. Ardagh, Seań. Killeen, Tony. Blaney, Niall. Kirk, Seamus. Brady, Johnny. Kitt, Tom. Brady, Martin. Lenihan, Brian. Brennan, Seamus. Lenihan, Conor. Browne, John. McDowell, Michael. Callanan, Joe. McEllistrim, Thomas. Callely, Ivor. McGuinness, John. Carey, Pat. Martin, Michea´l. Carty, John. Moynihan, Donal. Cassidy, Donie. Moynihan, Michael. Collins, Michael. Mulcahy, Michael. Cooper-Flynn, Beverley. Nolan, M. J. Coughlan, Mary. O´ Cuı´v, E´ amon. Cowen, Brian. O´ Fearghaı´l, Seań. Cregan, John. O’Connor, Charlie. Cullen, Martin. O’Dea, Willie. Curran, John. O’Donnell, Liz. de Valera, Sı´le. O’Donovan, Denis. Dempsey, Tony. O’Flynn, Noel. Dennehy, John. O’Malley, Fiona. Devins, Jimmy. O’Malley, Tim. Ellis, John. Parlon, Tom. Fitzpatrick, Dermot. Power, Peter. Fox, Mildred. Roche, Dick. Gallagher, Pat The Cope. Sexton, Mae. Glennon, Jim. Smith, Michael. Grealish, Noel. Treacy, Noel. Haughey, Seań. Wallace, Dan. Healy-Rae, Jackie. Wallace, Mary. Hoctor, Maíre. Walsh, Joe. Jacob, Joe. Wilkinson, Ollie. Keaveney, Cecilia. Wright, G. V. Kelleher, Billy.

Nı´l

Boyle, Dan. Deasy, John. Breen, James. Deenihan, Jimmy. Broughan, Thomas P. Durkan, Bernard J. Bruton, Richard. English, Damien. Burton, Joan. Enright, Olwyn. Connaughton, Paul. Ferris, Martin. Connolly, Paudge. Gilmore, Eamon. Costello, Joe. Gogarty, Paul. Coveney, Simon. Gormley, John. Crowe, Sea´n. Gregory, Tony. Cuffe, Ciara´n. Hayes, Tom. 525 Drug Abuse: 24 May 2006. Motion (Resumed) 526

Nı´l—continued

Healy, Seamus. O´ Caolaín, Caoimhghıń. Higgins, Joe. O´ Snodaigh, Aengus. Hogan, Phil. O’Keeffe, Jim. Kehoe, Paul. O’Shea, Brian. Lynch, Kathleen. O’Sullivan, Jan. McCormack, Pa´draic. Pattison, Seamus. McEntee, Shane. Penrose, Willie. McGinley, Dinny. Perry, John. McGrath, Finian. Ring, Michael. McGrath, Paul. Ryan, Eamon. McHugh, Paddy. Ryan, Seań. McManus, Liz. Sargent, Trevor. Mitchell, Gay. Sherlock, Joe. Mitchell, Olivia. Stagg, Emmet. Morgan, Arthur. Stanton, David. Moynihan-Cronin, Breeda. Timmins, Billy. Murphy, Catherine. Twomey, Liam. Neville, Dan. Upton, Mary. Noonan, Michael. Wall, Jack.

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

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

The Da´il divided: Ta´, 68; Nı´l, 61.

Ta´

Ahern, Noel. Kelleher, Billy. Ardagh, Seań. Kelly, Peter. Blaney, Niall. Killeen, Tony. Brady, Johnny. Kirk, Seamus. Brady, Martin. Kitt, Tom. Brennan, Seamus. Lenihan, Brian. Browne, John. Lenihan, Conor. Callanan, Joe. McDowell, Michael. Callely, Ivor. McEllistrim, Thomas. Carey, Pat. McGuinness, John. Carty, John. Martin, Michea´l. Cassidy, Donie. Moynihan, Donal. Collins, Michael. Moynihan, Michael. Cooper-Flynn, Beverley. Mulcahy, Michael. Coughlan, Mary. Nolan, M. J. Cowen, Brian. O´ Cuı´v, E´ amon. Cregan, John. O´ Fearghaı´l, Seań. Cullen, Martin. O’Connor, Charlie. Curran, John. O’Dea, Willie. de Valera, Sı´le. O’Donnell, Liz. Dempsey, Tony. O’Donovan, Denis. Dennehy, John. O’Flynn, Noel. Devins, Jimmy. O’Malley, Fiona. Ellis, John. O’Malley, Tim. Fitzpatrick, Dermot. Parlon, Tom. Fox, Mildred. Power, Peter. Gallagher, Pat The Cope. Roche, Dick. Glennon, Jim. Sexton, Mae. Grealish, Noel. Smith, Michael. Haughey, Seań. Treacy, Noel. Healy-Rae, Jackie. Wallace, Dan. Hoctor, Maíre. Walsh, Joe. Jacob, Joe. Wilkinson, Ollie. Keaveney, Cecilia. Wright, G. V. 527 Hospital 24 May 2006. Accommodation 528

Nı´l

Allen, Bernard. McGrath, Finian. Boyle, Dan. McGrath, Paul. Breen, James. McHugh, Paddy. Broughan, Thomas P. McManus, Liz. Bruton, Richard. Mitchell, Gay. Burton, Joan. Mitchell, Olivia. Connaughton, Paul. Morgan, Arthur. Connolly, Paudge. Moynihan-Cronin, Breeda. Costello, Joe. Murphy, Catherine. Coveney, Simon. Neville, Dan. Crowe, Seań. Noonan, Michael. Cuffe, Ciarań. O´ Caolaín, Caoimhghıń. Deasy, John. O´ Snodaigh, Aengus. Deenihan, Jimmy. O’Keeffe, Jim. Durkan, Bernard J. O’Shea, Brian. English, Damien. O’Sullivan, Jan. Enright, Olwyn. Pattison, Seamus. Ferris, Martin. Penrose, Willie. Gilmore, Eamon. Perry, John. Gogarty, Paul. Ring, Michael. Gormley, John. Ryan, Eamon. Gregory, Tony. Ryan, Seań. Hayes, Tom. Sargent, Trevor. Healy, Seamus. Sherlock, Joe. Higgins, Joe. Stagg, Emmet. Hogan, Phil. Stanton, David. Kehoe, Paul. Timmins, Billy. Lynch, Kathleen. Twomey, Liam. McCormack, Pa´draic. Upton, Mary. McEntee, Shane. Wall, Jack. McGinley, Dinny.

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

Question declared carried. people were occupying beds and not receiving any treatment. A hospital bed costs \651 per day, while for the same amount a patient can stay in a Adjournment Debate. nursing home for a week. It is not logical. Budget holders of the hospital management ———— and community sections are part of the problem. The hospital budget manager does not care Hospital Accommodation. whether patients are receiving treatment once the beds are full. In fact, the less treatment patients Mr. Connolly: I thank the Ceann Comhairle for are receiving, the more likely he is to keep them the opportunity to speak on the cause of bed because he has no incentive to bring in patients shortages in Cavan and Monaghan and the prob- who require treatment. The community manager lems caused by the vancomycin resistant enteroc- does not wish to accept another patient full-time occus, VRE, virus in Cavan, where no new because it is a drain on his assets. Two hospital patients are being admitted to the critical care departments are playing with the taxpayers’ unit. These difficulties are replicated nationally money. They see it as a budgetary gain, but and are a major problem in the health service. A patients suffer. We must examine how this is number of patients occupy beds without receiving allowed to continue. active treatment. There are three categories of The same problem exists with regard to clinics. such patients — tertiary patients awaiting a nurs- Patients discharged from a hospital who need a ing home bed whose subvention claim has not taxi to a clinic are encouraged to seek the money been processed, patients awaiting transfer to from the hospital budget. That department will another hospital for an investigation, such as a claim that no money is available for taxis. CAT scan, and those who are clinically dis- I suggest, as I have suggested to the manager charged but have nowhere to go because relatives of hospital services and others, that we consider cannot accommodate them. It is not acceptable vacant floor space in the psychiatric establish- that patients are occupying hospital beds without ment at Cavan-Monaghan General Hospital. A receiving treatment. We must examine this. Some considerable amount of floor space is used at St. 20 people were on trolleys in Cavan-Monaghan Davnet’s Hospital to deliver services for General Hospital recently while more than 20 Monaghan General Hospital, a practice that is 529 County Enterprise 24 May 2006. Boards 530 very successful. Adjacent floor space could easily St. Davnet’s are being used as a temporary out- be transformed into hospital step-down facilities patients unit for Monaghan General Hospital. for patients receiving no form of treatment. There The development of home care packages and is already a nursing home on the campus. The further home support structures give wider additional floor space would not require the same options in looking at delayed discharges in the level of high specification, such as oxygen points acute hospital system. The HSE advises the or nursing care, as the main hospital and this Department that additional funding has been measure would relieve pressure from the general allocated to enable more home support packages hospitals. to be put in place. A joint continuing care and It is ridiculous to keep somebody in a hospital secondary care management team has been bed at a cost of \651 per day when the same established with representatives of senior person- amount would pay for a week’s stay in a nursing nel from Cavan-Monaghan Hospital and the home. Keeping patients in a hotel with full board primary and continuing care services. The team, would not cost that amount. Playing with budgets which closely monitors all hospital discharges, has is the source of this problem and somebody must met on several occasions and continues to do so crack the whip. The taxpayer, so badly exposed with a view to identifying innovative and appro- in this situation, must be protected. If the HSE is priate responses to patients. serious about its task, these minor issues must be addressed. Everyone suggests we need more Mr. Connolly: Very briefly—— beds, which is true, but we must examine how we use the beds available to us. We do not make the An Ceann Comhairle: There is no facility for best use of the available beds even though this supplementary questions. problem can be solved. County Enterprise Boards. Minister of State at the Department of Health Mr. Perry: I thank the Ceann Comhairle for and Children (Mr. B. Lenihan): I am taking this allowing me to raise this very important issue, matter on behalf of my colleague, the Ta´naiste and the Minister for attending. and Minister for Health and Children, Deputy The role of the county enterprise boards, Harney. The HSE has advised the Department particularly that of Sligo County Enterprise that over the past 12 months the average number Board, is of great concern regarding small com- of patients clinically discharged from Cavan- panies. The parent company, the Monaghan General Hospital but awaiting accom- 9 o’clock Department of Enterprise, Trade modation elsewhere has been in the region of and Employment, is in the process of seven to nine at any time. The HSE is examining adding further constraints on how it operates with ways of reducing the number further in order to smaller companies. The concern is that such con- free up these beds for other patients requiring straints, affecting up to 2,000 small companies in admission. Sligo with fewer than ten employees, are not in The HSE has established hospital bed use the best interests of the development of small review groups in Cavan-Monaghan hospital, enterprise. It is estimated that up to 20,000 people Drogheda-Dundalk hospitals and in Our Lady’s work in such small companies. Hospital, Navan. The purpose of these groups is While I certainly welcomed this week’s to review the bed use at each hospital site, to announcement on funding for Enterprise Ireland alleviate the overcrowding situation where pos- for larger companies, when it comes to the sible by the introduction of any initiatives development of smaller ones, funding for deemed appropriate, to develop and implement enterprise boards is a little over \1.5 million. effective admission, transfer and discharge poli- There is potential for job creation, and it certainly cies and procedures, to work in partnership to has a great impact if up to 20,000 people are manage bed use in each hospital group in a more employed in 2,000 companies in Sligo. effective manner and to liaise with colleagues in Small businesses face great difficulties, includ- the primary, community and continuing care ing burdensome and costly administrative regu- directorate regarding arrangements for clinically lations, rising local authority charges and high discharged patients. There is a representative rates. Many business people feel that they receive from the primary, community and continuing care no return on these charges. Water charges are directorate on each of these groups. high, and yearly rate increases bring little or no Deputy Connolly raises the possible temporary benefit. There is poor access to information and use of St. Davnet’s Hospital as a step-down advice and inadequate infrastructure. It is diffi- facility for patients who have been discharged fol- cult in certain cases when one is starting small to lowing their acute phase of care. The HSE has access finance, and there can be a weak manage- indicated that there is currently no suitable space ment capability. available for that purpose. In order to facilitate All those smaller companies are starting from the ongoing refurbishment of wards at Monaghan scratch, and it is particularly important that we General Hospital, the remaining vacant wards at consider the level of support for them. The 531 County Enterprise 24 May 2006. Boards 532

[Mr. Perry.] that period, the boards have supported some enterprise boards need a high level of capability, 17,000 projects, which resulted in more than but there has been limited engagement by the 30,000 new jobs being created. In addition, some Department with the boards’ chairmen and vol- 80,000 people have benefited from the manage- untary directors, showing little appreciation of ment training provided by the boards. l acknowl- people’s continuing role in development when edge the vital role that the voluntary board working on the boards. It is very unfortunate members have made to ensuring that the work of when one considers the opportunities for job the boards is effective and relevant to local creation in the economy of Sligo or any county. conditions. There has been a lack of development and great However, it is important that we regularly emphasis on job creation. Some 85,000 small review and evaluate the types of support and companies in Ireland employ up to 347,000 assistance that the CEBs offer to ensure that they people, and in Sligo up to 2,000 companies remain properly and appropriately targeted in the employ perhaps 20,000, yet there is a lack of back context of the changing environment in which the up to exploit potential. boards operate. The budget for the network of Within the last three years, some \650 million CEBs is now \30 million per annum, and there is was stolen from the social insurance fund, despite a clear obligation on us to ensure that the money the great contribution of employees and is used in an effective and efficient manner. employers who receive little or no support. That Against that background, a comprehensive is true of the services sector but also of manufac- review of the role of the CEBs was carried out turing and those who set up in small enterprise by Fitzpatrick Associates in 2003, the tenth anni- parks. It is not merely about retail but about the versary of the establishment of the boards. While creation of enterprising, manufacturing and IT endorsing the continued role of the CEBs in the jobs, which is a very important role. The Minister delivery of State support to the micro-enterprise should consider the level of funding. Enterprise sector, the Fitzpatrick report made several Ireland in Sligo, based on the announcement recommendations designed to improve the over- made during the week, supports high-potential all effectiveness of the network. start-ups, which means companies based on tech- The recent Small Business Forum report also nological innovation likely to achieve significant endorsed what it saw as the key recom- growth in three years, sales of \1 million per mendations of the Fitzpatrick report: that CEBs annum, employing ten or more, export-oriented, should renew their focus on their core enterprise and ideally led by an experienced team with a and entrepreneurship responsibilities, minimising mixture of technical and commercial competence. the wider local economic development activities That definition includes early-stage, product-led, with which they had increasingly become research and development companies, with engaged; that CEBs should gradually shift the equivalent sales and employment potential. emphasis of their activities away from the pro- These are the companies with which Enterprise vision of grant aid support towards repayable Ireland is dealing. supports, the provision of business information, I believe that from the small acorn the large advice, training and capability enhancement; that oak grows. Nothing is happening with small com- a central CEB co-ordination unit should be estab- panies, and while the competition is very lished in Enterprise Ireland to provide leadership, important in the retail trade, the manufacturing direction, technical support and shared services sector is different. There is an institute of tech- for the network of CEBs; and that the national nology in Sligo, and thousands of students are micro-enterprise co-ordinating committee should leaving the region. It is regrettable that there is operate fully and meet regularly. not more support, and I call on the Minister of The CEBs themselves were involved in the State to deal directly with enterprise boards, 2003 Fitzpatrick review, through both extensive which are the vehicle for it. Small companies, the consultations with, and submissions to, the con- backbone of the economy, need that. The sultants carrying it out, as well as through their Government has failed to deliver to them, representation on the steering committee that especially in the Sligo region. oversaw production of the final report. The subsequent recommendation that the CEBs be inte- Minister of State at the Department of grated into the mainstream enterprise develop- Enterprise, Trade and Employment (Mr. ment system by establishing a CEB central co- Killeen): The core function of the county ordination unit in Enterprise Ireland was wel- enterprise boards is to develop indigenous comed by the CEBs in their response document, enterprise potential and stimulate economic Driving Entrepreneurship and Small Business in activity at local level. In carrying out that func- Ireland. tion, the CEBs have performed extremely well The proposed new central co-ordination unit in over the last 13 years, making a significant contri- Enterprise Ireland was subsequently supported bution to direct job creation and the development by the enterprise strategy group and approved by of an enterprise culture throughout Ireland. Over the Government in 2005. The role of the new unit 533 Retirement of 24 May 2006. Army Officer 534 will be to provide a range of strategic, administra- ment” from the Army and the circumstance sur- tive, financial and technical supports to the CEBs rounding it effectively scuppered any chance of with the ultimate objective of enhancing the election for Adi Roche. effectiveness, efficiency and impact of the CEBs Mr. Mullan’s book makes it clear that there and the development of micro-enterprise in were serious flaws in the investigation of the de Ireland and contributing to a greater level of con- Ro´ iste affair. Due process was not adhered to. sistency and best practice across the CEB net- Legal advice was not made available to him and work as a whole. The Department has been work- he was never charged with any offence. His ing with Enterprise Ireland and the CEBs accuser was never revealed and, most regarding arrangements for the establishment of importantly, the recommendation to “retire” Mr. the new unit, and it is hoped that it will be oper- de Ro´ iste was made while the investigation, inad- ational within a few months. equate as it was, was still ongoing. Indeed, Mr. The Department is firmly committed to active Mullan argues that senior officers at the highest dialogue with the CEBs. Officials from the level in the Army may have fabricated evidence Department meet representatives of the CEB to secure the expulsion of Donal de Ro´ iste from network very regularly. Those frequent meetings the Army. are used as a vehicle to explore the most appro- There are files relevant to the case in the priate and balanced way to respond to the evolv- Taoiseach’s Department and in A´ ras an Uachta- ing business and economic environment, includ- ra´in, none of which has been released. Almost ing the implementation of the recommendations certainly there are still files in the military of the Fitzpatrick and other reports. archives which have not seen the light of day. For In the context of the dramatically more favour- example, a letter sent by Donal de Ro´ iste, able business and economic environment, CEBs through his solicitor to the Army Chief of Staff have been evolving their policy focus and client in 1969, was only discovered in a safe in the office support interventions gradually over the years to of the Secretary General of the Department of reflect changing needs. Increasingly, the CEB Defence in 2001. There may indeed be documents focus is now on enterprise promotion, generation in the Department of Justice, Equality and Law and growth rather than simply on job creation, as Reform. was largely the case in earlier years. The culti- This case is a miscarriage of justice. It behoves vation of entrepreneurially active local communi- the Minister for Defence to ensure that no stone ties around the country is now central to the over- is left unturned to right the wrong. I ask the Mini- all CEB mission, with activities directed at ster to meet Donal de Ro´ iste and to conduct an expanding business management capability, independent, transparent review of the case. The encouraging increasing levels of female partici- Commissions of Investigation Act 2004 would be pation in business, and providing education for an appropriate mechanism under which to con- enterprise through college curriculum design and duct this review. student enterprise schemes. We do not seek to place constraints on CEBs. Minister for Defence (Mr. O’Dea): The book The Department of Enterprise, Trade and to which the Deputy refers was, I understand, Employment is engaged in dialogue with the launched by the author last week. My Depart- CEBs to determine how best we can continue to ment has acquired a copy of this book and is adapt to this changing economy. Both the examining the contents. I am not aware that it Department and the CEBs want to build on that presents any significant new material. An initial success. The Ireland of 2006 is thankfully in econ- review suggests that the book presents a hypoth- omic terms not the same Ireland of 1993. It is esis by the author based on material that has been vital we offer supports to indigenous micro- available for some time rather than that it enterprise which are appropriate, targeted and presents new material. ultimately effective. Donal de Ro´ iste was retired by the President, on the advice of the Government, with effect Retirement of Army Officer. from a date in June 1969. His retirement was effected pursuant to section 47(2) of the Defence Mr. Costello: A young 24 year old lieutenant Act 1954 and paragraph 18(1)(f) of Defence in the Army was “retired” in the interests of the Force Regulations A15, which provide that an service, as it was put, in 1969 and his life and officer may be retired “in the interests of the Army career lay in ruins. Neither he nor his party service”. These provisions have always been con- ever fully recovered from the traumatic experi- sidered as a necessary protection for the Defence ence. Nevertheless, he has never ceased to protest Forces and need not be linked to the completion his innocence. of other specific disciplinary measures. Donal de Ro´ iste is the brother of Adi Roche, However, the Deputy will appreciate that any the director of the Chernobyl Children’s Fund decision to retire an officer “in the interests of and Labour Party presidential candidate in 1997. the service” is extremely unusual in principle and Indeed, the linking of Donal de Ro´ iste’s “retire- would only be taken for the most compelling 535 Social and 24 May 2006. Affordable Housing 536

[Mr. O’Dea.] The substantive issue, namely, the Government reasons. The Government advice to the President decision in 1969 to recommend the retirement of in this case was on grounds of security. I am satis- the then Lieutenant Donal De Ro´ iste from the fied from the information available to me that the Defence Forces by the President, remains entirely matter was handled in an entirely appropriate unaffected by the judgment of the High Court, a and proper manner in 1969 and that the decision point specifically emphasised within the text of then taken was taken only after very detailed and the High Court judgment itself. due consideration. The position now is that Donal de Ro´ iste has Donal de Ro´ iste initiated proceedings in the had access to all documents relating to his retire- High Court in November 1998 in relation to the ment since 14 November 2002 when his legal rep- circumstances of his retirement 29 years earlier. resentatives attended the Department and were The High Court found in favour of the State in given copies of all the relevant records held in my June 1999 on grounds of the inordinate delay in Department. In the circumstances, particularly the bringing of proceedings. Mr. de Ro´ iste the considerable passage of time, I do not pro- appealed to the Supreme Court in September pose to take any further action in relation to 1999 and the Supreme Court refused his appeal this matter. in January 2001. In early July 2002, arising from the newspaper Social and Affordable Housing. feature article on the case by Mr. Don Mullan, published on 29 June 2002, the then Minister Mr. Walsh: I thank the Ceann Comhairle for requested the Judge Advocate General to exam- allowing this important matter to be discussed. I ine and review the case with regard to the follow- acknowledge the presence of the Minister of ing terms of reference: “To enquire into the cir- State, Deputy Noel Ahern, to take the matter. cumstances surrounding the retirement of Donal The Department of Agriculture and Food pro- de Ro´ iste by means of a complete review of all posed a site of 15 hectares, which is almost 40 relevant documentation held by the Department acres, of land for affordable housing at of Defence and by the Defence Forces, and to Clonakilty, County Cork, in December 2003. In have full access to any civil or military personnel May 2004, the Teagasc authority formally handed for the purposes of their providing explanation in over this land to the local authority, Cork County relation to any apparent gaps or ambiguities in Council. In October 2004, Cork County Council the documentation and to report to the Minister took on Colin Buchanan and Partners to design with her conclusions and recommendations”. a unique rural village, the first in Ireland to be These terms of reference were subsequently created at Darrara, Clonakilty, County Cork, for enlarged by the then Minister at the request of affordable housing. the Judge Advocate General to provide that the It is almost three years later and not a sod has Judge Advocate General was “to be entitled, been turned on that site. There are a number of within the Terms of Reference, and the manner reasons for that and one of them, regrettably, is of the Inquiry contemplated, to take such rep- that Fine Gael and the Fine Gael members of resentation in writing from any party whom she Cork County Council have frustrated this considers to be appropriate”. The Judge Advo- development at every opportunity. At any rate, cate General carried out a detailed examination on Monday last at a meeting of Cork County and review of all the historical documentation Council, a decision was taken by 34 votes to ten relating to the decision in 1969 to retire Donal de to go ahead with the project. The ten voting Ro´ iste from the Permanent Defence Force. She against it were the Fine Gael members of Cork carefully examined the entirety of both the civil County Council, which is very regrettable. I can and military files in the matter. Her report was only suggest it was done for reasons of rural snob- submitted to the then Minister in mid-September bery. Young people deserve the chance to have 2002 and was published in October 2002. homes of their own. The local authority received In December 2002, Mr. de Ro´ iste applied to a gift of 40 acres from the State for this affordable the High Court for an order quashing this report housing scheme. Services therefore are the only by the Judge Advocate General. The High Court costs for the sites and young people can get found in favour of Donal de Ro´ iste for reasons houses which will cost approximately \150,000 enumerated in the text of the High Court less than their commercial value. How any politi- judgment. It should be emphasised, however, that cal party could try to stymie and frustrate such a the High Court judgment in the matter of the development is beyond me. It is regrettable. report of the Judge Advocate General specifically The decision has now been taken to proceed related to the actual procedures utilised by the with the project. I want the Minister of State at Judge Advocate General in the course of her the Department of the Environment, Heritage review and examination in 2002 and to the release and Local Government with responsibility for by the Department of Defence of certain docu- housing to Government and to social partnership ments to Mr. de Ro´ iste only after completion of to commit to a timescale for the development. the report by the Judge Advocate General. This initiative forms part of the social partnership 537 Social and 24 May 2006. Affordable Housing 538 agreement to the effect that 10,000 affordable council development team discussed the report in houses would be built each year and this is one some detail and, at the meeting of Cork County of the projects. It is a unique project, comprising Council on 22 May 2006, the proposal to amend 104 houses in 40 acres with a wide expanse of the local area plan was approved. streetscapes, plenty of green areas, and in every I was amazed to see in the media reports of this way a desirable development. We want it to go meeting that a project for affordable housing was ahead within a definite time, from planning to the passed by a majority with ten Fine Gael members commencement of building, so that young people against it. In this Chamber Opposition parties on can aspire to have their own homes in this region all sides criticise me heavily because they do not of west Cork. seem impressed that we delivered 3,000 afford- A survey ten days ago showed this area to be able houses last year. It is not right politically for the most expensive part of the country for hous- people to pretend to be interested in affordable ing. Sites range typically from \200,000 to housing but to block and prevent it in every pos- \250,000 per site with services and the cost of the sible way when the opportunity arises. house on top of that. Houses are selling for The proposed development comprises 104 between \750,000 to \1 million. This is a great units, with a mix of affordable, social, voluntary chance for the 186 young people who have and private units, and with 74 units being ear- applied for these houses. They need some cer- marked for applicants under the affordable hous- tainty and a timescale. That is what I want to hear ing scheme. While these will be welcome, I am from the Minister of State. somewhat disappointed because originally we thought of a higher number. I am pleased to see Minister of State at the Department of the that an integrated development is being proposed Environment, Heritage and Local Government which should result in the introduction of a new, (Mr. N. Ahern): I thank my colleague, Deputy active and successful community into the area. Walsh, for raising this matter. The early delivery of affordable units is vital as In December 2003 he, as Minister for Agri- Clonakilty is not immune to high house prices, culture and Food, proposed a site at Darrara as evidenced by the recent report which Deputy Agricultural College in Clonakilty for inclusion in Walsh mentioned. The headline in the newspaper the affordable housing initiative and the Govern- was that house prices in Clonakilty are the high- ment agreed to this proposal. As Minister of State est in Munster. That makes the Fine Gael objec- with responsibility for housing, I acknowledge tions at council level all the more surprising and this and thank Deputy Walsh for it and the other it is obvious that some people on the council, sites he put forward during his tenure in Agri- especially those in Fine Gael, want to keep it as culture House. an enclave for the super-rich. When Deputy The State lands made available for the initiat- Walsh was Minister for Agriculture and Food, the ive are transferred to the relevant local authority Government designated this site for affordable which is responsible for developing and pro- housing and everybody ought to be committed to gressing the projects. In this case, it is up to Cork pushing that on as quickly as possible. County Council to plan and develop this project. My Department will at all times be in contact Cork County Council considers that the best with the council to ensure that all aspects of the way to develop this site is in several phases, given project are progressed as quickly as possible. The the sensitivities connected with the site, and will council has also established an in-house technical decide in the coming weeks the number of units group to progress the project. to be constructed in the first phase of the project, There has been some progress in advancing this at which stage it should be clearer when construc- project since it was released to the initiative. A tion may commence. The necessary docu- feasibility assessment on the site was carried out mentation is being prepared with a view to initiat- in terms of strategic land use planning, financial ing the Part 8 planning process as soon as viability, affordability and suitable infrastructural possible. solutions. Cork County Council approved the As with all projects, commencement of con- feasibility study on 30 September 2005. Following struction on this site now depends on the out- this, public consultation took place during come of the next phase of the planning process. I October 2005 culminating in a council decision to hope that this phase progresses without any initiate the process to amend the local area plan hitches and that construction commences on-site to facilitate the construction of the affordable as soon as possible. Part 8 in local authority plan- housing units. ning is normally much quicker than an ordinary The proposed amendment to the local area planning application but that depends on the atti- plan was advertised and was on public display tude of local people and councillors. Obviously if until 3 April 2006. Following this, the Cork people want to screw something up, so to speak, county manager prepared a report on the pro- they can. I hope that the first phase is a consider- posed development at Darrara which was circu- able one, contains most of those 104 units and lated to members of Cork County Council. The that there will be no more delaying tactics. 539 The 24 May 2006. Adjournment 540

[Mr. N. Ahern.] sincerely hope that people of all parties realise I assure the Deputy that I will try to progress this is an opportunity to provide affordable the matter at every possible opportunity. When I homes for people who need them and that people visited that part of the country two years ago, I cop themselves on and build this as quickly as viewed the site. It is a fine one and this will be a possible. good development when it is complete. I will take all possible steps within the Department to indi- The Da´il adjourned at 9.30 p.m. until 10.30 a.m. cate my interest in it and to drive it but the on Thursday, 25 May 2006. council must go through the planning process. I 541 Questions— 24 May 2006. Written Answers 542

Written Answers.

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

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Questions Nos. 1 to 11, inclusive, answered membership is linked. Both countries will be orally. judged on their own merits. At this stage, it is not possible to set a timeframe for the completion of Questions Nos. 12 to 54, inclusive, resubmitted. the negotiations with either country. Careful preparation of the Union’s most recent Questions Nos. 55 to 62, inclusive, answered enlargement has been a key factor in its success. orally. With regard to the accession negotiations with Turkey and Croatia, the EU has confirmed that EU Enlargement. it will be firm in demanding that they fulfil all the 63. Mr. Bruton asked the Minister for Foreign requirements of membership. It is not an auto- Affairs the position with regard to the nego- matic process, but one where conditionality is tiations taking place between Turkey and the EU the key. regarding Union membership; and if he will make Both countries will be expected to maintain a statement on the matter. [19565/06] their commitment to the full implementation of human rights and other reforms. 148. Mr. McGinley asked the Minister for The Union’s capacity to absorb new members Foreign Affairs the position with regard to the will also be an important consideration. If EU future entry of Croatia to the European Union; membership is to be further extended, the Union when accession is likely to take place; the out- will need to ensure that it has the economic, pol- standing issues for resolution; and if he will make itical and institutional capacity to make this pos- a statement on the matter. [19564/06] sible. As Turkey’s accession could have substantial financial consequences, it is accepted that its Minister for Foreign Affairs (Mr. D. Ahern): I negotiations can only be concluded after the propose to take Questions Nos. 63 and 148 establishment of the Union’s financial framework together. for the period beyond 2013. Accession negotiations were opened with both Ireland has always been supportive of the pro- Turkey and Croatia on 3 October 2005. An exten- cess of EU enlargement from which we have con- sive screening process is currently underway, in sistently benefited. It has been our policy to con- which experts from the Commission explain EU sider each candidate on the basis of its own merits rules to the two countries and examine their stra- and this principle will continue to underpin our tegies for adopting and implementing them. It is approach to the negotiations with both Turkey expected to take until autumn 2006 to complete and Croatia. Both countries benefit from the the screening process for the required 33 Department of Foreign Affairs’ Bilateral Assist- chapters. ance Programme, which provides support for can- After each chapter has been screened the EU didate countries as they prepare for the consider- can decide, on the basis of a proposal from the able challenges of EU membership. Commission, whether the negotiations in that sector can be opened. To date, the Commission has Decentralisation Programme. presented its reports to the Council on four nego- tiating chapters, although formal negotiations 64. Mr. Ring asked the Minister for Foreign have not yet been opened on any of these. The Affairs the number of development specialists, fact that this screening process with both coun- currently working with Irish Aid, volunteering to tries is currently running in parallel does not decentralise; and if he will make a statement on mean that the pace of their progress towards the matter. [19576/06] 543 Questions— 24 May 2006. Written Answers 544

134. Mr. O’Dowd asked the Minister for Deputies will be aware that the United Nations Foreign Affairs the number of senior develop- Summit meeting last September conducted the ment specialists, currently working with Irish Aid, first major review of progress towards the imple- volunteering to decentralise; and if he will make mentation of the Millennium Development a statement on the matter. [19575/06] Goals. The review concluded that some progress is being made, particularly in Asia. However, 146. Mr. Naughten asked the Minister for concern was expressed at the uneven progress in Foreign Affairs the number of principal develop- Africa. ment specialists, currently working with Irish Aid, The Summit unanimously acknowledged the volunteering to decentralise; and if he will make MDGs as the international framework for a statement on the matter. [19574/06] development, together with the Monterrey Con- sensus and the Johannesburg Plan of Implemen- Minister of State at the Department of Foreign tation. The Summit’s recognition of the need to Affairs (Mr. C. Lenihan): I propose to take Ques- accelerate progress towards the MDGs and to tions Nos. 64, 134 and 146 together. make progress on aid effectiveness and on debt There are 3 categories of Specialists employed relief was encouraging. I was particularly pleased by Irish Aid: Principal Development Specialists, by the acknowledgement of the special needs of Senior Development Specialists, and Develop- Africa, which has long been the main focus of ment Specialists. Ireland’s aid programme. Three Principal Development Specialists serve Ireland worked in the lead-up to the in Irish Aid headquarters in Dublin. None of the September meeting to build the necessary sup- three has applied to decentralise to Limerick. port among fellow donor countries and to restore There are twelve Senior Development Special- momentum both towards the achievement of the ists in Irish Aid headquarters. None of the twelve MDGs and towards strengthening the United has applied to decentralise to Limerick. Two Nations system. Senior Development Specialists originally applied Deputies will recall that during the meeting the to decentralise to Limerick, but subsequently Taoiseach announced that Ireland has pledged to increase our Official Development Assistance so withdrew their applications. as to reach the target of 0.7% of GNP by 2012, Finally, there are nine Development Specialist three years earlier than the agreed EU deadline posts in headquarters. Five Development Special- of 2015. The timetable we have set ourselves ists are scheduled to decentralise. Of these, four places Ireland in the forefront of donors commenced employment since the announce- worldwide. ment of the decentralisation programme in I believe that, if the other major donors make December 2003, and one applied via the Central equivalent commitments, and the developing Applications Facility. countries themselves play their part, the Millen- Discussions are ongoing with representatives of nium Development Goals are indeed achievable the Specialists, with their union IMPACT, and within the timescale envisaged. I can assure the with the Department of Finance about the issues Da´il that Ireland will continue to play its part in involved in decentralisation which also, of course, this regard. have a wider Civil Service dimension. It would be my hope that a greater number of Specialists will, Democratisation Process. in time, volunteer to decentralise to Limerick. 66. Mr. O’Dowd asked the Minister for Foreign Overseas Development Aid. Affairs if he has had contact with his Ethiopian counterpart with regard to the political situation 65. Mr. Perry asked the Minister for Foreign in that country, following elections held there in Affairs the likelihood of achieving the millen- summer 2005; and if he will make a statement on nium development goals, within the envisioned the matter. [19548/06] timescale; and if he will make a statement on the matter. [19553/06] 162. Mr. Neville asked the Minister for Foreign Affairs the political and security situation in Ethi- Minister of State at the Department of Foreign opia; and if he will make a statement on the Affairs (Mr. C. Lenihan): Ireland attaches the matter. [19546/06] highest importance to the Millennium Develop- ment Goals (MDGs), which were adopted by the Minister for Foreign Affairs (Mr. D. Ahern): I United Nations in 2000. We have incorporated propose to take Questions Nos. 66 and 162 them as the overarching framework of the Irish together. Aid programme. The Goals, which include halv- The deterioration in the political and human ing the proportion of people in extreme poverty rights situation in Ethiopia since the May 2005 and reducing child mortality by two-thirds by the general election remains a matter of serious con- year 2015, correspond to our focus on reducing cern. Ireland, along with our EU partners, con- poverty and supporting the provision of basic tinues to emphasise to the Government of Ethi- services to the world’s poorest people. opia the need to respect human rights and the 545 Questions— 24 May 2006. Written Answers 546 rule of law; to strengthen the democratisation the expeditious completion of the trial and that process by opening a non-conditional dialogue he expects it to be completed within a year. with all opposition parties and allowing those par- As regards security, Addis Ababa has experi- ties and civil society organisations to operate enced a number of bomb attacks in recent freely; and to allow the private media operate months, the most recent of which earlier this without restrictions. month resulted in four fatalities. No group has Steps have been taken within Ethiopia towards claimed responsibility for the attacks. The addressing the situation. These include an inde- Embassy in Addis Ababa is liaising closely with pendent investigation commission to examine the Irish citizens in Ethiopia and has advised them to June and November 2005 violence set up by the exercise caution and keep a low profile at Ethiopian Parliament in late November and present. which is expected to report shortly. An initiative to reform parliamentary rules of procedure and Foreign Conflicts. strengthen the role of the opposition has also 67. Dr. Upton asked the Minister for Foreign been undertaken. It is understood that a majority Affairs if he will make a statement on the of opposition MPs have now entered parliament. Government’s view of recent developments in Dialogue is under way between the Government relation to Kashmir. [19701/06] and two opposition political parties, not including the Coalition for Unity and Democracy (CUD) Minister for Foreign Affairs (Mr. D. Ahern): whose leaders are currently on trial. The majority India and Pakistan have made significant proof detainees arrested during the unrest last gress over the last few years to improve their November have been released. relations and I welcome the progress that has While these positive developments should be been achieved. The ongoing talks within the welcomed, with our EU and international part- Composite Dialogue Framework to move for- ners we continue to communicate our concerns to ward the peace process are significant, although the Government of Ethiopia, at both the political clearly differences remain between the two sides. and official levels. I wrote to Prime Minister I hope that both countries will continue to work Meles on 15 February to express his concerns together towards a peaceful, negotiated final and, in particular, to raise the ongoing detention settlement. of opposition political leaders. The Oireachtas One of the most visible signs of cooperation Joint Committee on Foreign Affairs, led by Dr has been the opening of crossing points along Michael Woods, T.D., visited Ethiopia from 1-5 what is referred to as the “Line of Control” and May. The delegation met with Prime Minister the re-establishment of a number of transport Meles as well as with opposition leaders including links. On 7 April 2005, for the first time in sixty imprisoned CUD leaders, members of civil years, a bus service operated between Srinagar society and human rights organisations. I under- in Jammu and Kashmir State and Muzaffarabad stand that a report on the visit is being prepared. in Kashmir. Furthermore, it is likely that the Minister for President Musharraf undertook a successful Foreign Affairs will visit Ethiopia in July. visit to India from 16 to 18 April 2005. In a joint The trial of 129 individuals including the statement issued after the meeting, the Pakistan elected leaders of the CUD, journalists, and civil and Indian Prime Ministers determined that the society leaders began on 23 February 2006. They peace process was “irreversible”. Significantly, have been charged as a group with treason, geno- both sides agreed to continue discussions on cide and inciting violence. On 22 March 2006, all Kashmir “in a sincere and purposeful and for- charges were withdrawn against 18 of the ward-looking manner for a final settlement”. detainees, including 9 being tried in absentia, and They expressed their determination to work the prosecutor was instructed by the court to together to carry forward the process and to bring amend the genocide charge. the benefit of peace to their people. They also The EU has underlined to the Ethiopian Prime pledged they would not allow terrorism to Minister the need for the trial to be conducted in impede the peace process. a transparent, fair and speedy manner in accord- The earthquake on 8 October last had a devas- ance with international standards. We also called tating effect on the Northwest Frontier Province for the release of the detainees on bail as a confi- of Pakistan and Pakistan-controlled Kashmir. dence building measure and for better access to The efforts made by both Governments to reach detainees by families, lawyers and the inter- agreement on opening crossing points along the national community. The Prime Minister agreed Line of Control to enable aid to reach survivors to an EU request for international observation of and to reunite families were obviously positive. the trial and a distinguished international lawyer In January 2006, the Foreign Secretaries of is observing the trial on behalf of the EU, as are India and Pakistan met in New Delhi to begin the EU Embassies in Addis Ababa, including third round of talks under the Composite Dia- Ireland. While bail has not been approved, the logue framework. Their discussions focused on Prime Minister has indicated that the Ethiopian peace and security, including a detailed exchange authorities will do everything they can to ensure on the Kashmir issue. Both sides reiterated their 547 Questions— 24 May 2006. Written Answers 548

[Mr. D. Ahern.] recently at the General Affairs and External resolve to carry forward the peace process and Relations Council meeting on 15 May. The meet- maintain its momentum. ing received a briefing from the Foreign Ministers While progress is for India and Pakistan to of France, Germany and the United Kingdom make between them, Ireland and other members (collectively known as the EU3) and High Rep- of the international community would, of course, resentative Solana. The meeting was informed be willing to offer any assistance or advice they that discussions were continuing at the UN Secur- might jointly request. ity Council in New York, with a view to for- mulating a resolution in light of the most recent Nuclear Programmes. report on the Iranian nuclear programme by the 68. Mr. Deenihan asked the Minister for International Atomic Energy Agency (IAEA) Foreign Affairs his views on whether offers from Director General on 28 April last. Russia to Iran, in respect of uranium enrichment, The last meeting between the European Union could constitute a potential resolution to some of and Iran took place in Brussels on 20 February the outstanding international concerns regarding when Iranian Foreign Minister Mottaki met the nuclear development in that country; and if he Commissioner for External Relations, Mrs Benita will make a statement on the matter. [19569/06] Ferrero-Walder, and High Representative Solana. The talks covered a broad agenda includ- 74. Mr. Connaughton asked the Minister for ing the nuclear issue, human rights, cartoon cari- Foreign Affairs if his Department is in full agree- catures of the Prophet Mohammed, as well as the ment with the EU3 in respect of their nego- Middle East, terrorism and Iraq. This was the first tiations on behalf of the Union with Iran regard- meeting since Iran’s unilateral declaration on 3 ing nuclear development; and if he will make a January that it would recommence its enrichment statement on the matter. [19567/06] related activities. The meeting discussed this decision as well as the Russian proposal on 97. Mr. O’Shea asked the Minister for Foreign nuclear cooperation. However, there was no con- Affairs if he will report on recent meetings crete outcome and there are currently no plans between the European Union and Iran; the dis- for a further meeting. cussions which may have been had at these meet- The Council meeting regretted the failure of ings; the progress made with particular reference the Iranian authorities to take the steps deemed to the ongoing dispute over uranium enrichment essential by the IAEA Board and the Security in that country; and if he will make a statement Council and called on the Iranian authorities to on the matter. [19733/06] cooperate fully with the IAEA, suspend all enrichment related and reprocessing activities 122. Mr. McCormack asked the Minister for and the construction of a reactor moderated by Foreign Affairs if he has communicated a posi- heavy water, in order to create conditions in tion to the EU3, on behalf of Ireland, in respect which negotiations might resume. The EU reaf- of their negotiations with Iran regarding nuclear firmed the right of Iran to the use of nuclear development in that country; and if he will make energy for peaceful purposes in conformity with a statement on the matter. [19568/06] its obligations under the NPT. The Council indicated that the EU would be prepared to support 130. Ms O. Mitchell asked the Minister for Iran’s development of a safe, sustainable and pro- Foreign Affairs when he last received a briefing liferation-proof civilian nuclear programme, if from the EU3 in respect of their negotiations with international concerns were fully addressed and Iran regarding nuclear development in that coun- confidence in Iran’s intentions established. try; and if he will make a statement on the matter. [19566/06] The proposal put forward by Russia some time ago envisaged establishing a uranium enrichment 218. Mr. Allen asked the Minister for Foreign facility in Russia that would provide enriched Affairs the most recent contacts which has made uranium to Iran. Despite mixed messages from with his counterparts among the EU3 to advise Iran on the merits of the proposal, a number of them of Ireland’s position with regard to the meetings took place between the two countries to development of nuclear capabilities by Iran; and discuss the details of the proposal. No agreement if he will make a statement on the matter. was reached on the main stumbling block of [19810/06] whether Iran could carry out enrichment, even in a limited form, on its own soil. Although no meet- Minister for Foreign Affairs (Mr. D. Ahern): I ings have taken place in recent months on the propose to take Questions Nos. 68, 74, 97, 122, proposal, the Russian Foreign Minister has 130 and 218 together. recently confirmed that the offer remains open The question of Iran’s nuclear programme is for discussion. The EU has welcomed the Russian kept under constant review within the European efforts to seek a way forward involving the offer Union at official level and is also the subject of to Iran on nuclear cooperation. Whether this pro- regular discussions at Ministerial level, most posal could constitute a potential resolution of 549 Questions— 24 May 2006. Written Answers 550 the matter depends to a large extent on Iran’s Affairs if his Department has raised with the willingness to suspend its enrichment activities. Chinese authorities the concerns which exist with The Government’s position on the Iranian regard to the treatment of Falun Gong members nuclear programme is a matter of public record. in China; and if he will make a statement on the Ireland remains strongly committed to a diplo- matter. [19538/06] matic solution to this issue. I have made clear on several occasions my full support for the EU3. Minister for Foreign Affairs (Mr. D. Ahern): The initiative of the EU3 has also been endorsed Human rights issues are a constant and important by most countries on the IAEA Board of Gover- point of dialogue with the Chinese Authorities at nors. It is essential for Iran to respond to the calls both bilateral and European Union levels. by the Security Council and to implement the On a bilateral level, I met with Chinese Foreign confidence building measures called for by the Minister Li Zhaoxing on 12 May during my IAEA Board of Governors. This includes the sus- recent visit to Beijing. During our meeting, I had pension of all enrichment-related and repro- the opportunity to raise human rights issues and cessing activities. concerns, including the importance we attach to freedom of speech and freedom of religion. I Overseas Development Aid. expressed the hope that the new UN Human Rights Council (HRC), to which China has been 69. Mr. Naughten asked the Minister for elected as a member, will give the international Foreign Affairs the level of aid being directed to community the chance to develop a more pro- Ethiopia for 2006; and if he will make a statement ductive way of working together to improve stan- on the matter. [19547/06] dards everywhere. It is important to Ireland that the HRC is a success and we look forward to the Minister of State at the Department of Foreign constructive engagement of all its members. FM Affairs (Mr. C. Lenihan): Ireland’s total aid to Li referred in particular to China’s commitment Ethiopia in 2006 is expected to amount to to the EU-China Human Rights Dialogue and approximately \35 million. Of this total, it is was hopeful that a decision would be taken to anticipated that non-governmental organisations ratify the International Covenant on Civil and (NGOs) working in Ethiopia, including Concern, Political Rights as soon as possible. GOAL, Self Help Development International, Tro´ caire and others will receive financial support At EU level, the EU-China Human Rights of approximately \7 million. The remainder will Dialogue is the agreed formal framework through be delivered through the Irish Aid programme which the EU raises its concerns with China administered by the Embassy in Addis Ababa. about individual human rights cases, and more With a population now exceeding 70 million general issues such as freedom of expression and people, Ethiopia is Ireland’s largest Programme the abolition of the death penalty. Country. It is also one of the poorest, with over At the latest round of the Human Rights Dia- 30 per cent of the population living on less than logue, held in Beijing on 24 October 2005, the $1 a day and 76 per cent on less than $2 dollars a EU raised, inter alia, the right to freedom of day. It is ranked 170th out of 177 on the UN religion and the need for reform of the adminis- Human Development Index (HDI). This index trative detention system, including the associated measures the well-being of the population across Re-education Through Labour (RTL) camps. a wide range of indicators. The EU expressed particular concern in this In 2006, the aid programme in Ethiopia will regard for Falun Gong members and stated that continue to focus on supporting basic service reform of the RTL system is an issue of funda- delivery to the rural poor especially in the areas mental importance for the EU in the Human of health, education, good governance, and Rights Dialogue. HIV/AIDS. Another important component of The next round of the Dialogue will take place Ireland’s programme in Ethiopia is our support in Vienna later this week, from 25-26 May. A to the UN monitored Social Safety Nets Fund, number of Falun Gong cases are included on the which provides some 7 million of the poorest EU’s list of individual cases of concern which has Ethiopians with cash or food in exchange for been submitted to the Chinese Authorities in the labour. This innovative fund, which was estab- context of the Dialogue. EU concerns regarding lished with assistance and expertise from Ireland, use of the death penalty, the right to freedom of is perceived as an invaluable instrument in religion and the need for reform of the adminis- preventing up to 7 million people from facing trative detention system will be among the issues starvation each year. raised with the Chinese side during the Dialogue. I am aware of reports which circulated in Question No. 70 answered with Question recent months alleging the harvesting of live No. 60. organs from Falun Gong practitioners jailed in Shenyang in Northeast China. I asked my Depart- ment to make enquiries about these allegations, Human Rights Issues. including within the EU and UN frameworks. We 71. Mr. Bruton asked the Minister for Foreign do not have any information, at this point, to sup- 551 Questions— 24 May 2006. Written Answers 552

[Mr. D. Ahern.] them a clear and realistic strategy for future port these specific allegations. In this regard, I enlargement. would note a U.S. Department of State statement The immediate priority should be to make a last month that its Embassy and Consular officials success of the enlarged Union of 25. The immedi- visited the specific site mentioned on two separate priority should be to make a success of the ate occasions, were allowed to tour the entire enlarged Union of 25. The Union’s objective is to facility and grounds and found no evidence that welcome Bulgaria and Romania as members on the site is being used for any function other than 1 January 2007. The EU could, however, post- as a normal public hospital. pone the accession of either or both countries for up to one year if the Commission considers that EU Enlargement. either country would be unprepared to meet the requirements of membership in 2007. 72. Mr. Costello asked the Minister for Foreign On 16 May 2006, Enlargement Commissioner Affairs the discussions being held at European Olli Rehn presented the Commission’s Compre- Union level as to the further expansion of the hensive Monitoring Report on Bulgaria and EU25; the position in relation to the admittance Romania to the European Parliament. He con- of new entrants, with reference, particularly, to firmed that their accession on 1 January 2007 Romania and Bulgaria; and if he will make a remains an achievable goal for both countries. statement on the matter. [19716/06] They need to make progress in addressing the outstanding issues highlighted in the monitoring 128. Mr. G. Murphy asked the Minister for report and the Commission and the Member Foreign Affairs the position with regard to the States will continue to monitor their progress in entry of Bulgaria to the European Union; when the coming months. A final decision on the date accession is likely to take place; the outstanding of accession will be taken in light of the Com- issues for resolution; and if he will make a state- mission’s next monitoring report in October. ment on the matter. [19562/06] Since the Commission’s previous monitoring report in October 2005, both countries have sig- 138. Mr. J. O’Keeffe asked the Minister for nificantly reduced the number of issues that need Foreign Affairs the position with regard to the to be addressed before accession. Some of the entry of Romania to the European Union; when problem areas that remain are common to both accession is likely to take place; the outstanding countries, particularly in relation to putting in issues for resolution; and if he will make a state- place the necessary arrangement for the disbursement on the matter. [19563/06] ment of EU funds. In the agricultural area, both countries need to set up a proper, integrated Minister for Foreign Affairs (Mr. D. Ahern): I administration and control system. propose to take Questions Nos. 72, 128 and 138 While both countries need to sustain their together. efforts in reforming the judiciary and fighting cor- The forthcoming accession of Bulgaria and ruption, Bulgaria has been urged to devote Romania will mark the completion of the Union’s special attention to this area. According to the 5th enlargement — increasing its membership Commission, Bulgaria needs to show tangible from 15 to 27 Member States. results in investigating and prosecuting organised This has been by far its biggest, most ambitious crime networks, in the more efficient and system- and most important enlargement to date. A atic implementation of laws for the fight against further expansion of such magnitude is not on the fraud and corruption and in the enforcement of horizon, although the EU does have accession anti-money laundering provisions. negotiations underway with Turkey and Croatia Ireland believes that both Bulgaria and and has made commitments to the countries of Romania need to make full use of the time avail- the Western Balkans, which gives them a pros- able to address the remaining issues so that they pect of eventual membership. can join the Union, as planned, on 1 January Ireland participated in the first enlargement of 2007. Both countries benefit from the Depart- the EU in 1973 and the benefits we have derived ment of Foreign Affairs’ Bilateral Assistance from membership are beyond doubt. Similarly, Programme, which provides support for new each successive enlargement has proved its worth, Member States, acceding and candidate countries in coping with the considerable challenges of EU both for the existing and new Member States. membership. Ireland very much looks forward to The fact that so many other countries now wish to working with both countries as partners in a suc- join testifies to the success of the enlarged Union. cessful Union of 27 Member States. Nevertheless, an important debate is underway with the Union with regard to future enlargement strategy. If EU membership is to be further State Visits. extended, the Union will need to ensure that it 73. Mr. Stanton asked the Minister for Foreign has the economic, political and institutional capa- Affairs if he will report on the visit of the city to make this possible. It will be important to Australian Prime Minister to Ireland; and if he listen to the concerns of EU citizens and offer will make a statement on the matter. [19533/06] 553 Questions— 24 May 2006. Written Answers 554

157. Ms O’Sullivan asked the Minister for development, information technology and Foreign Affairs the reasons underpinning the visit education. of the Australian Prime Minister to Ireland; the I took the opportunity of my official talks with further reason he has been invited to address Da´il Prime Minister Howard to discuss the situation in E´ ireann; if his attention has been drawn to the Iraq. My focus was on hearing his assessment of widespread condemnation among the Irish popu- the situation and, in particular, the prospects for lation and beyond to Mr. Howard’s support of, progress under the new Iraqi Government. and involvement in, the invasion of Iraq among other issues; and if he will make a statement on Question No. 74 answered with Question the matter. [19727/06] No. 68.

Minister for Foreign Affairs (Mr. D. Ahern): I Middle East Peace Process. propose to take Questions Nos. 73 and No. 157 ´ together. 75. CaoimhghıńOCaolaín asked the Minister for Foreign Affairs if he will increase the State’s The Prime Minister of Australia, the Right overall assistance to the Palestinian Authority in Honourable Mr. John Howard, began his official view of the decision by others to withdraw fund- programme to Ireland on Monday, 22 May with ing and to prevent the further impoverishment of a wreath laying ceremony at Kilmainham. He Palestinian people. [19644/06] later met students from the Australian Studies Centre at University College Dublin and a civic reception was held for him at the Mansion House. 79. Mr. Crowe asked the Minister for Foreign A business lunch hosted by Minister Michael Affairs the representations that he has made to Martin, in cooperation with the Dublin Chamber his EU member state counterparts to convince the Council to take concrete steps to persuade of Commerce, IBEC and Enterprise Ireland, pro- the Israeli authorities to genuinely renounce viol- vided the Prime Minister with an opportunity to ence, recognise Palestine’s right to exist and meet Irish and Australian business interests. The accept previous agreements and obligations to Taoiseach and I held official talks with the Prime bring about a just and lasting peace. [19646/06] Minister and the Taoiseach hosted an official dinner for him at Farmleigh. On Tuesday 23 May, the Prime Minister was received by President 101. Mr. Ferris asked the Minister for Foreign McAleese, a lunch for the Prime Minister was Affairs the steps he is taking to persuade the hosted by the Ceann Comhairle and he met with Israeli authorities to genuinely renounce viol- the leaders of the Opposition parties. ence, recognise Palestine’s right to exist and With its agreement, the Prime Minister was accept previous agreements and obligations to invited to address the Daíl in the afternoon of bring about a just and lasting peace. [19645/06] Tuesday 23 May. The Government proposed that Prime Minister Howard should be invited to 110. Mr. Boyle asked the Minister for Foreign address the Daíl as this courtesy is one the Daíl Affairs the latest representations made on behalf has extended to Heads of Government from of the Government to the Israeli Government countries with which Ireland has particularly regarding the building of the security wall; his close ties. Ireland’s links with Australia go back views on whether it is unacceptable that the wall to its very foundation. Since then continuous encroaches into the West Bank taking in Israeli waves of Irish people have made Australia their settlements; and if he will make a statement on home. They have been warmly welcomed there the matter. [19739/06] and given the opportunity not only to integrate into Australian society but to help mould, shape 125. Aengus O´ Snodaigh asked the Minister for and develop it. Prime Minister Howard’s prede- Foreign Affairs his views on whether the decision cessors, Mr. Hawke and Mr. Keating, had been of the EU to withdraw funding from the invited to address the Daíl during their visits to Palestinian National Authority is hypocritical in Ireland. The Government considered it appro- view of the continuation of preferential trading priate that the Daíl should continue with this tra- with Israel. [19643/06] dition and extend this courtesy to Prime Mini- ster Howard. 131. Mr. J. O’Keeffe asked the Minister for The key objectives for the Prime Minister’s Foreign Affairs the actions being taken by his visit were to build on the close and developing Department to ensure that the vision of two relationship between Australia and Ireland. The viable states of Israel and Palestine is being pro- official talks held with the Prime Minister gressed; and if he will make a statement on the enabled a detailed exchange views on a wide matter. [19536/06] range of bilateral, regional and international issues and provided the opportunity to further 145. Mr. Hayes asked the Minister for Foreign pursue our mutual interests in expanding trade Affairs the status of peace talks in the Middle and investment, people-to-people links and prac- East; and if he will make a statement on the tical cooperation in areas such as research and matter. [19554/06] 555 Questions— 24 May 2006. Written Answers 556

155. Mr. McGinley asked the Minister for ingness to respect the basic rules of the peace Foreign Affairs if he has raised the issue of the process. However, the Government believes that withholding of tax revenues due to the the Palestinian people should not have to face the Palestinian Authority by Israel with his Israeli prospect of a humanitarian crisis because of the counterpart; and if he will make a statement on reluctance of their Government to meet its the matter. [19537/06] responsibilities. The EU is committed to continuing necessary assistance to meet the basic needs 217. Mr. M. Higgins asked the Minister for of the Palestinian population, and Ireland has Foreign Affairs the position of Ireland in relation argued strongly for the widest possible definition to the expansion of settlements in the illegally of these basic needs. occupied West Bank; the threat of unilateral On 15 May, following the Quartet meeting on action in this regard outside of the framework of 9 May, the Council undertook the work of the roadmap for peace; the statements which developing a temporary international mechanism have been made in recent times by either the to channel assistance directly to the Palestinian Government or the European Union in relation people. The Council stated that, as a matter of to such illegality; and if he will make a statement priority, the mechanism will aim to provide for on the matter. [19804/06] basic needs, including health services. The political and technical aspects of the development of Minister for Foreign Affairs (Mr. D. Ahern): I the mechanism are being pursued urgently. It will propose to take Questions Nos. 75, 79, 101, 110, be essential that all international donors cooper- 125, 131, 145, 155 and 217 together. ate to ensure the effectiveness of the new tempor- I refer to the replies to Priority Questions ary structures. Numbers 55 and 59. The EU has already called on the Israeli The Government has been consistently active Government to resume the transfer of withheld in promoting a lasting and peaceful settlement of Palestinian tax and customs revenues, which are the Israeli — Palestinian conflict. Together with essential in averting a crisis in the Occupied Ter- our EU partners, we remain convinced that the ritories. I hope that a decision to resume the only way forward is through negotiations transfers can be taken without delay, if possible between the parties, based on the principles out- through the new international mechanism. lined in the Quartet Roadmap and leading to a Equally, it is important that both the Israeli mutually acceptable and viable two-State sol- Government and the Palestinian Authority take ution. Within the Union we strongly advocate concrete steps to implement their obligations policy positions stemming from this basic under the Agreement on Movement and Access, approach. which was brokered by the US and the EU in I share the concerns which have been November 2005 and which provides for the move- expressed about the increasingly difficult ment of people and goods between Gaza and the situation facing the Palestinian population in the outside world. I do not accept that there is any West Bank and Gaza. The EU has been the inconsistency between the EU’s approach to the strongest supporter of the Palestinian people provision of assistance to the Palestinian people internationally. It is also the largest donor to and the issue of preferential trading arrange- Palestine, providing an average of \500 million ments with Israel, which are identical to those annually in humanitarian assistance and in sup- accorded to Palestine. port of Palestinian institutions and civil society. I have given a commitment that the Govern- Since the Palestinian elections in January, the EU ment will maintain the level of Ireland’s bilateral and the international Quartet have made it clear assistance to the Palestinians, which amounted to that the new Hamas Government of the over \4 million in 2005. In February, following Palestinian Authority must commit to the peace the Palestinian elections, the Government allo- process. It must renounce violence, recognise cated \1.5 million in humanitarian assistance Israel’s right to exist and adhere to agreements through the United Nations Relief and Works already negotiated by the Authority and the Agency (UNRWA). I expect to make further PLO. allocations in the near future. In February, the Council approved the urgent The current difficulties in the peace process disbursement by the Commission of \121 million emphasise the importance of sustained engage- in humanitarian assistance to the Palestinians. In ment by the European Union, on the basis of a early April, the Commission temporarily sus- clear and balanced message to the parties. Israel pended direct assistance to the Palestinian Auth- and the Palestinian Authority must face up their ority. The EU is reviewing its assistance against obligations under the Quartet Roadmap, and the Government’s commitment to the principles under international law. The EU has consistently set out by the Council and the Quartet. urged the Israeli Government to cease all activi- There is full agreement among the Member ties in the Occupied Territories, including settle- States that it would be unreasonable to expect the ment building, the construction of the separation EU to continue its capacity-building support for barrier on occupied land and the demolition of the Hamas Government irrespective of its will- Palestinian homes, which are contrary to inter- 557 Questions— 24 May 2006. Written Answers 558 national law and which threaten to make any sol- response to questions, the security situation ution based on the co-existence of two viable remains a cause of serious concern and continues States physically impossible. to undermine reconstruction efforts outside the cities. The conflict is complex and is influenced Human Rights Issues. not just by Taliban insurgency but also by a ´ number of other factors including ethnic and tri- 76. Aengus O Snodaigh asked the Minister for bal tensions, narcotics and crime. Taliban insur- Foreign Affairs if his attention has been drawn to gents are still active in parts of the southern and a Guantanamo Bay-like detention site at Bagram eastern regions. in Afghanistan where prisoners are being held in On 16 November 2005, the EU and primitive conditions, indefinitely and without Afghanistan issued a Joint Declaration. The Dec- charge in contravention of international law as laration reaffirmed the commitment of the part of the United States led Operation Enduring Government of Afghanistan to safeguarding free- Freedom; if he has raised objections with the US doms under the Constitution, to developing a Administration; and if he will make a statement pluralistic and democratic society, and ensuring on the matter. [19648/06] respect for human rights. The Declaration further states that the Afghan Government supports the 112. Mr. Morgan asked the Minister for recommendations of the Afghan Independent Foreign Affairs if he will make a statement on Human Rights Commission and shall implement the situation in Afghanistan. [19647/06] a process of transitional justice to address human rights violations of the past. The EU shares these 115. Mr. Hogan asked the Minister for Foreign objectives and shall continue to provide assist- Affairs the political and security situation in ance to seek to ensure progress in this area. Afghanistan; the travel advisory issued by his Improvements in the human rights situation have Department for Irish citizens in that country or undoubtedly been made in Afghanistan since intending to travel to that country; and if he will 2001 although clearly the situation is still far make a statement on the matter. [19530/06] from ideal. 140. Mr. Cuffe asked the Minister for Foreign An Afghanistan Compact was launched at the Affairs his views on the state of Afghanistan; his International Conference on Afghanistan in further views on whether the Taliban has re- London on 31 January/1 February and was emerged as a force in many areas of the country; endorsed by the United Nations Security Council if he is satisfied regarding the rate of progress in in Resolution 1659 (2006) on 15 February. The relation to human rights reform; and if he will Compact will guide the joint efforts of the Afghan make a statement on the matter. [19740/06] Government and the international community in meeting outstanding challenges across three pil- Minister for Foreign Affairs (Mr. D. Ahern): I lars of activity: security; governance; rule of law propose to take Questions Nos. 76, 112, 115 and and human rights, and economic and social 140 together. development. The Compact notes that It is important to recognise that in any country, Afghanistan’s transition to peace and stability is developing the democratic structures, institutions not yet assured and that strong international and administrative systems necessary to provide engagement will be required to address remain- essential public services and ensure a secure ing challenges. environment for all is a process that takes time. I am pleased that Ireland was in a position to \ Although Afghanistan still faces considerable pledge 5 million at the launch of the Compact. challenges, the significant progress that has been This new pledge, which will be expended over the achieved there over the past four years should be next two years, reflects Ireland’s continuing com- acknowledged. A democratic Constitution, a rep- mitment to supporting the reconstruction and resentative national Parliament and a legitimate reform process underway in Afghanistan. Includ- elected Government are all now in place. Efforts ing this new pledge, Ireland has contributed a are ongoing to consolidate the progress that has total of \22 million to reconstruction and recov- been made and reforms are underway, with the ery programmes in Afghanistan since January assistance of the international community, across 2002. all sectors, including the police service, the The Department of Foreign Affairs provides Afghan National Army and the judicial system. travel advice to Irish people planning a trip over- As I informed the Da´il on 4 April in response seas. This is available at http://foreignaffairs. to questions, the security situation remains a gov.ie/services/traveladvice/ and, in the case of cause of serious concern and continues to under- Afghanistan, inter alia, advises Irish citizens mine reconstruction efforts outside the cities. The against all non-essential travel to Kabul and conflict is complex and is influenced not just by against all travel to other parts of Afghanistan. Taliban insurgency but also by a number of other Ireland holds the view that those detained at factors including ethnic and tribal tensions, nar- the Bagram detention centre must be treated in cotics and crime. Taliban insurgents are still accordance with the requirements of inter- active. As I informed the Da´il on 4 April in national human rights law and international 559 Questions— 24 May 2006. Written Answers 560

[Mr. D. Ahern.] over, in the context of the European Union’s humanitarian law. I have not had any recent dis- work to prepare a renewed sustainable develop- cussions with the U.S. administration specifically ment strategy, for adoption at the European regarding the situation in Afghanistan, but our Council next month, Ireland, in a written paper approach to human rights issues is extremely well circulated to all our EU partners, highlighted the known, including to the US Authorities. suffering in East Africa wrought by the negative effects of climate change, which affects weaker Overseas Development Aid. regions and poorer people to a disproportionate extent. 77. Dr. Upton asked the Minister for Foreign Ireland is deeply conscious of the challenges Affairs the proposals which have been put for- and is endeavouring to assist the populations ward by the Government to the European Union affected in a number of ways. In 2005, Ireland for the replacement of the cattle stocks of the provided over \3 million to the Consultative African drylands, home to 268 million people, Group on International Agriculture (CGIAR), 40% of the continent’s population. [19702/06] which supports agricultural research focused on poverty reduction in some of the world’s poorest Minister of State at the Department of Foreign countries. As part of Ireland’s support for Affairs (Mr. C. Lenihan): The current drought in CGIAR, \750,000 in funding was provided to the the drylands of East Africa is affecting Kenya, International Livestock Research Institute Somalia, Djibouti, Ethiopia and Tanzania. In (ILRI). Ireland is also supporting the drought Kenya, the Government has declared a state of relief effort in the affected regions. For example, emergency. Countless livestock have died as a in the Borena district of southern Ethiopia result of severe drought in most of north eastern Ireland is supporting a project which is being Kenya and other sections of the country. Further carried out by Christian Aid in collaboration with south towards the Tanzanian border, the Masaai the local authorities and a local church organiz- herdsmen have lost most, if not all, of their cattle. ation. Ireland is also providing funding to Tro´ - Even though the rains have come in parts of caire in Kenya for an emergency response prog- Kenya, for most Masaai, it is too late. They have ramme that includes restocking. no income because they have no milk or cows to sell. A similar situation exists in southern Ethi- Question No. 78 answered with Question opia. The drought has brought about emergency No. 62. conditions in which people are at risk and are losing most of their livestock and thus their Question No. 79 answered with Question livelihoods. No. 75. Within the European Union, the lead role in dealing with the situation referred to by the 80. Mr. Durkan asked the Minister for Foreign Deputy is being taken by the European Com- Affairs the extent to which the combined aid of mission. The Commission has already provided the international community is achieving success \78 million in aid to respond to the drought prob- on the African continent, with particular refer- lem in the region. This covers both emergency ence to peace-keeping, peace-enforcement, response and the putting in place of contingency alleviation of starvation, drought, human rights systems for the medium term. Further funding of abuses, famine, HIV and Aids; and if he will \40 million will soon be disbursed, bringing the make a statement on the matter. [19658/06] total to about \118 million. The problem of drought and food insecurity in 225. Mr. Durkan asked the Minister for the region is structural, brought about by a range Foreign Affairs the countries on the African con- of complex factors: climate change; desert- tinent most seriously suffering from famine, war ification; over-grazing; poverty; the structure of or human rights abuses; if he is satisfied regarding agricultural markets. For example, there is a the adequacy and the effective targeting of inter- bumper harvest in the west of Kenya at the same national aid to these locations; and if he will make time as the north-east of the country is suffering a statement on the matter. [20020/06] a food crisis. The Commission has developed a regional 231. Mr. Durkan asked the Minister for strategy for the area which seeks to address inter Foreign Affairs the 10 countries on the African alia the problem of drought on a long-term basis, continent deemed by the international com- and to put in place a drought prevention/ prep- munity to be most vulnerable in terms of star- aration strategy. A Drought Contingency Plan vation, war, human rights abuse, HIV and AIDS; will be supported by the 10th European Develop- the extent to which aid or peacekeeping is suc- ment Fund, aimed at providing a sustainable ceeding; and if he will make a statement on the economic livelihood for the population of the matter. [20026/06] region. Ireland strongly supports the work of the Com- Minister of State at the Department of Foreign mission in the region and is maintaining contact Affairs (Mr. C. Lenihan): I propose to take Ques- with the Commission in relation to this. More- tions Nos. 80, 225 and 231 together. 561 Questions— 24 May 2006. Written Answers 562

Africa’s enormous needs are due to a complex the EU’s joint actions to foster peace and security combination of factors including food insecurity, in Darfur. Ireland works with and seeks to poverty, environmental degradation, weak poli- enhance the effectiveness of, the multilateral cies, unequal trading relationships, conflict, sev- framework provided by the UN. We have ere infrastructural deficits, poor governance, debt pledged support to the UN’s Peace Building Fund and the effects of HIV/AIDS. and support the establishment of the UN’s Peace In response to such needs in Africa and else- Building Commission. We are actively seeking where, the United Nations have developed the ways to support regional organizations in Africa, Millennium Development Goals (MDGs), which particularly the AU which represents an represent the key measurable development tar- important strategic partner for the European gets that must be reached if the challenge of Union and the international community reducing poverty, hunger, disease and lack of generally. development is to be met by 2015. The eight The need for tangible success has been MDGs cover the eradication of poverty and acknowledged by the international community. hunger, achieving universal primary education, That is why we have committed to the Millen- promoting gender equality, reducing child and nium Development Goals and set a target date of maternal mortality, combating HIV/AIDS and 2015. The Paris Declaration on Aid Effectiveness, other communicable diseases, ensuring environ- developed in the context of the MDGs’ target mental sustainability and developing a global date, is a new tool to ensure results-driven stra- partnership for development. While these goals tegies and interventions. The degree to which we are undoubtedly ambitious, they can be attained meet the MDGs by 2015 will measure the success if the international community, including Ireland, or otherwise of our collective efforts to assist plays its part in ensuring that Africa receives the Africa to meet its development challenges. assistance needed to reach them. There is no internationally recognised system Foreign Conflicts. for ranking either the severity of humanitarian crisis situations around the world or countries 81. Mr. Hogan asked the Minister for Foreign deemed guilty of the greatest deficiencies in the Affairs if he has raised the concerns of the administration of democracy and the observance Government at the United Nations in respect of of human rights. However, it is clear that there the misappropriation of moneys set aside for the is a strong interrelationship between conflict, the rebuilding effort in Iraq; and if he will make a abuse of human rights, food insecurity and pov- statement on the matter. [19557/06] erty and that all these factors impact disastrously on levels of human development. Minister for Foreign Affairs (Mr. D. Ahern): Africa is at the heart of Ireland’s programme The allegations of the misappropriation of funds of official development assistance and our which were intended for reconstruction and for approach has a number of distinct but comp- the provision of basic services in Iraq are very lementary elements. Our humanitarian budget disturbing. I agree fully that it would be disgrace- responds to both complex and sudden-onset ful if funds for the relief of the Iraqi people have emergencies. Our recovery and long-term been misused. development programmes seek to assist countries The allegations relate both to Iraqi funds con- emerging from natural and man-made emerg- trolled by the UN and to US funds. They refer encies and also address the fundamental causes primarily to the period of the Coalition Pro- of poverty in all its manifestations. visional Authority in 2003/2004. I know that some The core of our aid programme in Africa con- individuals and companies have already paid sub- cerns development and in particular, building stantial fines following proceedings in US courts. strong partnerships with six countries in sub- As I stated in reply to a Question on this Saharan Africa, namely Ethiopia, Lesotho, matter on 4 April 2006, the Government has no Mozambique, Tanzania, Uganda and Zambia. In independent information regarding the alle- addition, we work in many other African coun- gations. Nor has it any means of assessing accu- tries, either directly or through our partnerships rately the basis of the allegations which have been with the United Nations and NGOs such as Con- made. Responsibility for investigating such alle- cern, Goal, Tro´ caire and others. In the context of gations rests primarily with the United Nations an increasing Irish Aid budget as we approach Security Council, and with the International the UN target of 0.7% of GNP by 2012, we are Advisory and Monitoring Board which it estab- will be able to enhance our humanitarian, recov- lished to oversee and audit the use of funds paid ery and development interventions in Africa. into the Development Fund for Iraq. The Iraqi As regards issues of conflict, Ireland is con- Government and the US Administration clearly tributing to the security and stability of Liberia also have their own responsibilities in this regard. through its deployment of troops with UNMIL, the UN Mission in Liberia, since 2003. Ireland has 82. Mr. McCormack asked the Minister for also provided assistance to the African Union Foreign Affairs the steps the Government is tak- (AU) for its mission in Sudan (AMIS), as part of ing in order to try to support peace moves in 563 Questions— 24 May 2006. Written Answers 564

[Mr. McCormack.] On 15 May, the African Union Peace and Darfur; and if he will make a statement on the Security Council (AU PSC) met in Addis Ababa matter. [19541/06] to endorse the Darfur Peace Agreement, and decided that its implementation should begin on 95. Mr. Perry asked the Minister for Foreign 16 May. The meeting also decided that concrete Affairs the position adopted by Ireland in respect steps should be taken to effect the transition of of the recent resolution at the United Nations the AU Monitoring Mission in Sudan (AMIS) to regarding the situation in Darfur, Sudan; and if a UN peacekeeping operation at the earliest pos- he will make a statement on the matter. sible moment. [19580/06] On 16 May the UN Security Council voted unanimously in favour of resolution 1679 (2006) 228. Mr. Durkan asked the Minister for which, under Chapter VII of the UN Charter, Foreign Affairs the position in Darfur; the extent mandated a joint technical assessment mission to which international aid and support is achiev- from the African Union and the UN to travel to ing its objectives; and if he will make a statement Darfur within a week. The resolution requested on the matter. [20023/06] UN Secretary General Annan to submit recommendations on the transition to the Security Minister for Foreign Affairs (Mr. D. Ahern): I Council one week after the return of the mission. propose to take Questions Nos. 82, 95 and 228 The Government fully supports the decisions together. of the AU PSC and the UN Security Council as It is clear that only a political solution will steps towards the achievement of a lasting resol- provide a lasting resolution of the crisis in Darfur. ution to the dire humanitarian and security In that regard, I welcomed the signing of the situation in Darfur, which remains a matter of Darfur Peace Agreement by the Government of grave concern. \ Sudan and the Minni faction of the Sudan Liber- For its part, Ireland provided 6.38 million and \ ation Army (SLA) on 5 May and expressed the 3.98 million to Darfur in 2004 and 2005 respec- hope that it would be signed by the remaining tively. In April 2005, Ireland pledged a further \ \ rebel groups. The final Agreement was achieved 15 million for Sudan for 2005-2006. So far 14 million of this has been delivered. Further fund- through the concerted effort of a number of inter- \ national actors including the current Chairman of ing of 6 million to project activities in Sudan, the African Union (AU), President Dennis Sas- including Darfur, in 2006 will be pledged at the sou-Ngeusso of Congo-Brazzaville, President pledging conference for Sudan due to take place Obasanjo of Nigeria, the EU Special Representa- in June. Ireland works closely with key humani- tive Pekka Haavisto and US Deputy Secretary of tarian partners in Darfur including the UN Off State, Robert Zoellick. It is a matter of concern ice for the Coordination of Humanitarian Affairs that neither the Abdelwahid faction of the SLA (OCHA), the UN World Food Programme nor the Justice and Equality Movement chose to (WFP), and the Irish NGOs Concern, Goal and sign the Agreement. However, the AU has Tro´ caire. The situation remains very difficult and extended the deadline for signature of the Agree- it is essential that all sides fully comply with the ment until 31 May. Efforts are ongoing to secure terms of the peace agreement and allow all necessary humanitarian aid to be delivered. I would further signatures before the new deadline. particularly call upon the Sudanese Government Elements within both non-signatory groups have to respect fully its obligations under international already expressed their support for the Agree- humanitarian law and remove immediately all ment. In a statement by its representative to the obstacles to the delivery of humanitarian assist- UN on 9 May, the Government of Sudan indi- ance to those in need. cated its intention to fully implement the Funding of \1.5 million has also been provided Agreement. to assist AMIS in the recruitment of humani- Ireland welcomed the robust conclusions tarian and human rights officers and to assist in adopted by the General Affairs and External the building of police stations so that protection Relations Council on 15 May. The Council may be provided to vulnerable populations, expressed its support for the Agreement, its either in IDP camps or in their own villages. implementation and for reconstruction and Three members of the Permanent Defence development in Darfur. The Council called on Forces are currently serving with AMIS and the parties to implement all their obligations another officer served in 2004-5. urgently, commended the work of AMIS and reiterated its support for the transition of AMIS to a UN mission. The Council also stated that full Overseas Development Aid. normalisation of relations with Sudan depends on 83. Mr. English asked the Minister for Foreign progress towards peace and democratisation Affairs the position with regard to the humani- throughout the country. The Government partic- tarian crisis in the Horn of Africa; the level of ularly welcomed the reference to improving assistance being granted by the State towards access for humanitarian organisations, which was humanitarian support; and if he will make a state- included at Ireland’s initiative. ment on the matter. [19552/06] 565 Questions— 24 May 2006. Written Answers 566

166. Ms Shortall asked the Minister for Foreign matic and environmental conditions are major Affairs his views on the proposals made by Mr. contributory factors [to the situation] ultimately David Andrews, Chairman of the Irish Red the lack of sustained development investment Cross, as a result of his recent visit to the drought- and the apparent reluctance by governments to stricken regions of East Africa. [19704/06] effectively engage with these unique communities are the primary reasons for endemic poverty”. Minister of State at the Department of Foreign I fully support that conclusion. Ireland has an Affairs (Mr. C. Lenihan): I propose to take Ques- ongoing commitment to assist the people of the tions Nos. 83 and 166 together. Horn of Africa in combating the causes of pov- Years of poor rainfall in the countries of the erty and food insecurity. Ireland provided over \3 Horn of Africa combined with weak infrastruc- million in funding in 2005 to Non-Governmental ture, under-development, asset erosion, popu- Organisations working on longer term develop- lation growth and widespread dependence on ment issues in Kenya alone, including Concern, pastoralism have had a cumulative and devastat- Self-Help Development International, Goal, Tro´ - ing impact on the people of this region. With caire, Oxfam and Concern Universal. Ireland also highly weakened coping mechanisms, some 15 contributes to the social safety-nets programme million people have faced extreme vulnerability in Ethiopia which assists poor communities to to drought, food insecurity and hunger over withstand the dips into crisis which we have seen recent months. Pastoral communities in particular affecting the north of that country so far this year. have been particularly seriously affected by the I can assure the Deputies that we continue to drought and loss of livestock has had a devastat- keep the situation under close review, including ing impact on their livelihoods. the effect of the most recent floods on vulnerable In Kenya alone, some five million people have communities across the region. been in receipt of food aid in recent months. In addition, over two and a half million Ethiopians Foreign Conflicts. and over two million Somalis were directly 84. Mr. P. McGrath asked the Minister for affected by water shortages, as well as popu- Foreign Affairs the political and security situation lations in parts of Burundi, Djibouti and Eritrea. in Iraq; the travel advisory issued by his Depart- In recent weeks, the drought hit areas of Ethi- ment for Irish citizens in that country or intending opia and Kenya have been receiving adequate to travel to that country; and if he will make a and in some cases heavy rains. In some areas, the statement on the matter. [19582/06] rain has increased the risk of disease due to flooding, water pollution and lack of sanitation facili- Minister for Foreign Affairs (Mr. D. Ahern): ties. The humanitarian situation has also been Despite the continuing violence in Iraq, there exacerbated, by the heavy rains threatening have been hopeful political developments in weakened livestock and making access to people recent weeks. On 23 April, the Parliament pro- in need extremely difficult. However, pasture and visionally agreed the nomination of Mr. Nouri al- food availability is expected to improve. Some Maliki, Deputy Leader of the Shi’a Dawa party, agencies involved in emergency water trucking as Prime Minister designate of the new Iraqi are already scaling down their operations. Government. Following further negotiations on Ireland responded promptly to the crisis and the filling of Cabinet positions in a Government to date has committed emergency humanitarian of National Unity, the appointments of Prime funding of \7 million to agencies working at both Minister al-Maliki and his Government were regional and national levels. Of this, over \2 mil- approved by the Iraqi Parliament on 21 May. This lion has been provided to the UN World Food is a very welcome and significant step forward. Programme and to the Irish NGOs Concern and It has been warmly welcomed by the European Tro´ caire for emergency programmes specifically Union. Iraq now has a fully sovereign and demo- in Kenya. Funding of \1.3 million has been pro- cratic Government and parliament, mandated for vided to the International Federation of the Red four years. The political transition process as set Cross (IFRC) and the International Committee out in United Nations Security Council Resol- of the Red Cross (ICRC) for their regional utions has now been completed. response and work in Somalia respectively. It would of course have been desirable for a Former Minister, Mr. David Andrews, visited Government to have been formed shortly after the Horn of Africa in his capacity as Chairman of the elections held last December. However, it is the Irish Red Cross last month. I asked him to important that we recognise the major achieve- provide the Government with a report of the ment of recent weeks, which has required the findings of his visit including his assessment of the engagement of all the major political parties in situation and response in the affected countries. Iraq. The new Government is very broadly based, Mr. Andrews encouraged the Government to and includes the main parties representing the maintain its focus on the Horn of Africa, includ- Sunni community. The General Affairs and ing by ensuring that resources continue to be pro- External Relations Council on 15 May looked vided to emergency and recovery activities across forward to this important development and the region. Mr. Andrews indicated that “while cli- repeated the EU’s commitment that it will engage 567 Questions— 24 May 2006. Written Answers 568

[Mr. D. Ahern.] These figures clearly demonstrate the Govern- actively with the new Government to achieve a ment’s commitment to overseas development and secure, stable and democratic Iraq. to achieving the UN target in 2012. The violence which forms the background to this political progress remains a matter of grave International Agreements. concern. Iraqi citizens continue to be targeted in 86. Mr. Kehoe asked the Minister for Foreign openly sectarian bomb attacks, and casualties Affairs the number of present signatories to the have been high. Despite their refusal to be pro- charter of the International Criminal Court; the voked into large scale civil strife, sectarian retali- position of Ireland with regard to the non-signa- ation and violence have been rising steadily. It tory status of a number of countries, including the appears that, in some areas, minority communi- United States of America; and if he will make a ties are reacting by moving to areas where they statement on the matter. [19584/06] feel more secure. The new Government therefore faces very serious challenges in ensuring the Minister for Foreign Affairs (Mr. D. Ahern): security and unity of the State. The Rome Statute of the International Criminal In view of the circumstances on the ground, my Court entered into force on 1 July 2002 and to Department continues to advise Irish citizens date has been ratified or acceded to by 100 states. against all travel to Iraq. An additional 43 states have signed the Statute, subject to ratification. Overseas Development Aid. The Government are committed to the effec- 85. Mr. Noonan asked the Minister for Foreign tive functioning of the Court and support efforts Affairs the timescale for meeting the UN target to ensure the widest possible ratification and on overseas development aid; and if he will make implementation of its Statute. a statement on the matter. [19545/06] Together with our partners in the European Union, Ireland has been a consistent and strong 156. Ms Enright asked the Minister for Foreign supporter of the ICC, recognising it as an essen- Affairs the level of funding allocated to Irish Aid tial means to combating impunity for the most for 2006; and if he will make a statement on the serious violations of international humanitarian matter. [19544/06] and human rights law. This position has been recognised in the EU Common Position last updated in June 2003. 161. Mr. Eamon Ryan asked the Minister for The 2003 Common Position commits the Foreign Affairs his views on whether Ireland will Union and its Member States to support the reach the target of 0.7 per cent of GNP for inter- effective functioning of the Court, and to advance national aid within the specified time-table out- universal support for it by promoting the widest lined by him; and if he will make a statement on possible participation in the Rome Statute. In the matter. [19745/06] February 2004 a detailed Action Plan on the implementation of the 2003 Common Position Minister of State at the Department of Foreign was adopted under the auspices of the Irish Presi- Affairs (Mr. C. Lenihan): I propose to take Ques- dency of the EU. tions Nos. 85, 156 and 161 together. In addition to their efforts to promote ratifica- The Taoiseach, Bertie Ahern, announced at tions, the EU and its Member States have been the UN Millennium Review Summit in New York generous supporters of initiatives to promote the on 14 September 2005 that the Government will Court in third states, as well as to strengthen the reach the target of spending 0.7% of GNP on capacity of states to cooperate with the Court. Official Development Assistance by 2012. For example, in February of this year, Ireland co- We have agreed a number of steps along the sponsored a three-day conference aimed at pro- way to achieving the target. Firstly, we have an moting ratification of the ICC among Arab states. interim target of 0.5% of GNP in 2007. Secondly, The conference, held in Amman, Jordan, was aid spending is expected to reach 0.6% in 2010. attended by representatives from Iraq, Oman, In fact, Ireland is likely to reach the interim 0.5% Qatar, Syria, the United Arab Emirates, Bahrain target earlier than expected. The allocation by the and Yemen, all of which have yet to ratify the Minister for Finance, Brian Cowen, in the Rome Statute. Estimates for the Vote for International Cooper- The United States objects to the ICC princi- ation (Vote 29) in 2006 amounts to \600 million. pally on the basis that the independence of the Coupled with amounts paid by other Govern- ICC Prosecutor endangers US citizens, and ment Departments and with a special contri- particularly US military forces, to politically bution of \59million to the Multilateral Debt motivated prosecutions before the Court. While Relief Initiative of the International Develop- recognising its concerns, neither Ireland, nor our ment Association, total ODA this year will EU partners, share the United States’ view amount to approximately \734 million. On cur- toward the Court. rent estimates of GNP growth, our total ODA A number of approaches have been made to this year is therefore likely to reach 0.5%. the US on behalf of the EU, outlining the EU 569 Questions— 24 May 2006. Written Answers 570 position on the Court and urging US support for next. They will be the first multi-party elections in it. Most recently, a de´marche on behalf of the EU the country since it gained independence in 1960. took place in December 2005, at which the EU’s Successfully conducted elections are critical to strong political support for the ICC was under- the consolidation of peace and security in the lined and a number of matters related to the DRC and in the Great Lakes region as a whole. Court were discussed. Aware of the strategic significance of these Such discussions are in line with the EU elections, Ireland has allocated \1.3 million to Council Conclusions on the ICC of 30 September support their organisation and oversight. This 2002, which recall the shared objective of the EU funding has been provided in two tranches. Some and the US of individual accountability for the \500,000 was provided in October 2005 to the most serious crimes of concern to the inter- special Trust Fund established and administered national community, and call for a broader dia- by the United Nations Development Programme logue between the EU and US on all matters to help meet the costs of the elections. Earlier this relating to the ICC. month, I announced further funding of \800,000, which will be used to support the South African Departmental Appointments. Independent Electoral Commission which is assisting in the organisation and oversight of the 87. Mr. Penrose asked the Minister for Foreign elections. Affairs the number of Irish nominees to United Ireland is determined to play its part in helping Nations institutions and other international insti- the people of the DRC to move away from the tutions; the names of such institutions to which past and onto the path of stability and develop- nominations were made; and the names and ment. We have provided over \11 million for backgrounds of those nominated. [19706/06] emergency and recovery activities in the DRC since 2002, almost \5 million of which has been Minister for Foreign Affairs (Mr. D. Ahern): provided to date in 2006. The humanitarian and At present, the following Irish nominees hold development needs are enormous. Some 1,200 positions in UN and other international insti- people die daily from preventable conflict-related tutions on foot of nominations for election made causes, as many victims every six months as those by me, or by my Department: Judge Maureen of the Asian tsunami. Approximately 70% of the Harding Clark, elected in February 2003 to a nine population has no access to even the most basic year term as a Judge of the International Crimi- healthcare system. More than 20% of children die nal Court; Judge Clark’s Curriculum Vitae is at before their fifth birthday. Governance and the www.icc-cpi.int/chambers/judges/Clark Maureen provision of basic public services are generally Harding.html. weak and non-existent in parts. Mr. Michael O’Flaherty, elected in September The successful completion of these historic 2004 to a four year term as a member of the elections is an essential step to creating stability Human Rights Committee, the UN Treaty Moni- in the DRC and the wider region. Ireland will toring Body for the International Convention on continue to do its part over the coming years to Civil and Political Rights; Mr O’Flaherty’s Cur- support the people and leadership of the DRC to riculum Vitae is at www.ohchr.org/english/bodies/ deal with the profound post-conflict and develop- hrc/membersCVs/oflaherty.htm. ment challenges that lie ahead. Mr. Peter Croker, re-elected in April 2002 for a second five year term as a member of the Undocumented Emigrants. Commission on the Limits of the Continental Shelf, which facilitates the implementation of the 89. Mr. Sargent asked the Minister for Foreign United Nations Convention on the Law of the Affairs if he is satisfied that the latest legislative Sea in respect of the establishment of the proposals discussed in the United States will deal outer limits of the continental shelf beyond 200 adequately with the undocumented Irish in the nautical miles from the baselines from which the United States; the representations he has made breadth of the territorial sea is measured; Mr. on this issue; and if he will make a statement on Croker’s CV is at: www.un.org/Depts/los/ the matter. [19747/06] clcs new/members curriculumvitae/CrokerCV.pdf. 102. Mr. P. Breen asked the Minister for Foreign Affairs the steps being taken by the Democratisation Process. Government to support the Kennedy McCain 88. Dr. Twomey asked the Minister for Foreign immigration proposals in the United States of Affairs the support allocated by Irish Aid towards America; and if he will make a statement on the elections in the Congo; and if he will make a matter. [19559/06] statement on the matter. [19551/06] 114. Mr. Stagg asked the Minister for Foreign Minister of State at the Department of Foreign Affairs the position with regard to the regularis- Affairs (Mr. C. Lenihan): Presidential and ation of undocumented immigrants in the United parliamentary elections will take place in the States, with reference to President Bush’s unpre- Democratic Republic of Congo (DRC) on 30 July cedented step of addressing the US people on 571 Questions— 24 May 2006. Written Answers 572

[Mr. Stagg.] The current stage of the legislative debate is national television; the discussions which his that Senators are debating a compromise bill pro- Department has held with officials of the US posed by Senators Hagel and Martinez. This posi- administration; and if he will make a statement tive bill provides for measures that would enable on the matter. [19717/06] the vast majority of the undocumented to regularise their status and have open to them a path to 126. Mr. Stanton asked the Minister for permanent residency. In this way, it contains the Foreign Affairs the recent contacts that he has key elements of the bill tabled last year by had with his US counterpart with regard to the Senators Kennedy and McCain. Significantly, the undocumented Irish in the United States; and if Hagel/Martinez bill enjoys the support of Senator he will make a statement on the matter. Kennedy and Senator McCain, both of whom are [19560/06] active in encouraging its passage through the Sen- ate. It is also supported by the Irish Lobby for 132. Mr. Hayes asked the Minister for Foreign Immigration Reform which, as Deputies will be Affairs if he has had any recent contact with his aware, is proving most effective in giving US counterpart with regard to proposals for the expression to the views of many members of our regularisation of citizenship for people resident community in the US on immigration reform. illegally in the United States; and if he will make While it remains clear that reaching consensus on this sensitive and divisive issue presents con- a statement on the matter. [19581/06] siderable challenges, I am greatly encouraged by the very constructive and positive tone of the dis- 224. Mr. Durkan asked the Minister for cussions in the Senate. These discussions rep- Foreign Affairs the progress in regard to dis- resent a very significant phase in the debate. cussions he may have had with the US authorities Should the Senate pass a bill, the legislative pro- on the regularisation of undocumented Irish in cess will move to a Conference Committee com- the US; and if he will make a statement on the posed of representatives of the House of Rep- matter. [20019/06] resentatives and the Senate convened to reconcile differences between the Senate bill and the Minister for Foreign Affairs (Mr. D. Ahern): I Sensenbrenner/King bill passed in the House propose to take Questions Nos. 89, 102, 114, 126, last December. 132 and 224 together. During this crucially important period in the The welfare of the undocumented Irish in the Senate, the Deputies can be assured that our United States continues to be a matter of the efforts on behalf of the undocumented Irish are highest priority for the Government. In all of my being maximised to the greatest degree possible. dealings with contacts on Capitol Hill and in the US Administration, including with Secretary of Human Trafficking. State Rice, I emphasise our strong support for measures that would enable the undocumented to 90. Mr. Morgan asked the Minister for Foreign regularise their status and have open to them a Affairs the steps he has taken to date and intends path to permanent residency. As Deputies are to take to work with other countries in order to aware, the legislative debate in the US is at a criti- combat human trafficking and to support the vic- cal stage. In view of this, I am travelling again tims of human trafficking. [19652/06] to Washington D.C. this week to meet with key Minister for Foreign Affairs (Mr. D. Ahern): legislators to emphasise directly the importance The Government is fully committed to the active that we attach to an early resolution of this issue. promotion of full observance of universal human Over the St. Patrick’s Day period, the rights standards, and opposes, and seeks the elim- Taoiseach and I availed fully of our valuable ination of, the practice of human trafficking. meetings with President Bush and Members of The importance of addressing trafficking in Congress to reiterate to them our views on this persons has been recognised by Ireland and our matter. EU partners. Article 5 of the EU Charter of Fun- During our meeting with President Bush, the damental Rights prohibits trafficking in human President assured us of his support for a compre- beings. hensive approach to immigration which advances In 2004 the EU adopted a Council framework reforms, as well as addresses enforcement issues. decision on combating trafficking in persons. I This is an approach which he endorsed strongly understand that my colleague, the Minister for in a significant televised address on immigration Justice, Equality and Law Reform, is currently on 15th May in which he called for concerted preparing legislation which will criminalise traf- efforts to work towards consensus on this critical ficking in human beings for the purpose of their issue. I warmly welcome the President’s personal sexual and labour exploitation, as provided for in engagement in this issue and, in particular, his the Framework Decision. view that most of those who are undocumented The Council of Europe last year concluded should be able to apply for citizenship once quali- negotiations on a Convention on Action against fying conditions are met. Trafficking in Human Beings. This Convention, 573 Questions— 24 May 2006. Written Answers 574 which was opened for signature at the Third Sum- regard to calls to introduce greater controls on mit of the Council of Europe in Warsaw on 16 arms and arms production; and if he will make a May 2005, aims to prevent and combat trafficking statement on the matter. [19550/06] in people in all its forms, national or international, whether or not it is linked with organ- Minister for Foreign Affairs (Mr. D. Ahern): ised crime. The Convention is currently under The promotion and support of international consideration by the Department of Justice, efforts to secure appropriate safeguards on the Equality and Law Reform, which has responsi- control of arms is a key priority of Irish foreign bility for policy in this area. Legislation being pre- policy. There is a need to end destabilising pared by that Department will also take account accumulations of arms that can increase the of the Council of Europe Convention. potential for violence in areas of tension. There The Organisation for Security and Cooperation are too many examples of conflicts which are in Europe (OSCE), at its Ministerial Meeting in fuelled by the proliferation of conventional wea- December 2003 in Maastricht, endorsed an pons. This is especially an issue of concern in Action Plan against Trafficking in Human Beings, Africa, where the proliferation in particular of and subsequently appointed an OSCE Special small arms and light weapons continues to bring Representative, Helga Konrad, to assist in put- much suffering to societies throughout that ting this Plan into practice. While the Special continent. Representative’s mandate recently expired, the The European Council adopted a Joint Action work of the OSCE on trafficking continues on the European Union’s Contribution to com- including through its anti-trafficking assistance bating the Destabilising Accumulation and unit. Uncontrolled Spread of Small Arms and Light Europol and the European Police College, Weapons in July 2002. This Joint Action is con- CEPOL, organise courses on an EU-wide basis cerned primarily with enhancing efforts by EU for police forces dealing with investigations into Member States to build consensus in the relevant the trafficking of human beings. I understand regional and international fora (such as the UN from my colleague, the Minister for Justice, and OSCE) to prevent the further accumulation Equality and Law Reform that Garda Officers of small arms and to ensure that the EU’s arms working in the Garda National Immigration controls are as effective as possible. Bureau investigating the trafficking of human More recently, the European Union adopted a beings have attended such courses. common position on arms brokering, in June Ireland is also a signatory to the UN Conven- 2003, requiring Member States to introduce ad tion on Transnational Organised Crime and its hoc legislation to effectively control the activities two accompanying protocols on prevention, sup- of brokers. Moreover, the European Council last pression and punishment of trafficking in persons, December endorsed a strategy to combat the especially women and children and smuggling of illicit accumulation and trafficking of small arms migrants by land, air or sea. The protocol on traf- and light weapons and their ammunition. The ficking not only provides for measures to sup- text contains an Action Plan which will be regu- press trafficking, but also measures to protect the larly reviewed and updated every six months. victims of trafficking. Ireland continues to fully participate in UN Through its participation at international fora meetings dealing with small arms and light wea- such as the United Nations General Assembly, pons issues. Ireland welcomes the fact that an the UN Commission on Human Rights (CHR), instrument on the marking and tracing of small the Council of Europe and the OSCE, Ireland has arms and light weapons was adopted last June. raised its concerns in cooperation with like- A review conference on the UN Programme of minded countries regarding these issues. As a Action on small arms is also scheduled to take member of the EU, Ireland coordinates with the place at the United Nations in New York at the other EU Member States in these fora. At the end of next month. One of the issues to be dis- meeting of the CHR in Geneva in 2005, Ireland cussed at the meeting is the question of agreeing made a national statement condemning the traf- global standards for the transfer of small arms ficking of people and welcoming the appointment and light weapons, an outcome which Ireland, in 2004 of a United Nations Special Rapporteur together with our EU partners, strongly supports. on Trafficking in Persons. Ireland will continue to Ireland has also been active in other fora, such support initiatives in this area in the new Human as the Convention on Certain Conventional Wea- Rights Council which has replaced the Com- mission on Human Rights. pons (CCW). The terms of the Convention and its protocols restrict or prohibit specific types of In addition, my Department has provided over weapons used in armed conflict. Ireland has also \1.7 million in funding for ILO and NGO anti- trafficking projects through Irish Aid. ratified the Anti-Personnel Landmine Conven- tion (also known as the Ottawa Convention), which prohibits the production, sale, transfer and Arms Trade. use of such landmines. 91. Mr. Kenny asked the Minister for Foreign Ireland also fully and strongly supports the Affairs the position of his Department with negotiation of an arms trade treaty. At a small 575 Questions— 24 May 2006. Written Answers 576

[Mr. D. Ahern.] Minister for Foreign Affairs (Mr. D. Ahern): arms conference in New York last January, the Extensive literature concerning the situation of Austrian Presidency, on behalf of all EU Member the Baha´’ı´ community in Iran has been received States, confirmed the Union’s support for such a over recent months, including the statement treaty. We will continue to participate actively made on 20 March by the UN Special Rapporteur within the UN and at other international fora to on Freedom of Religion or Belief, Asma Jahan- advance this objective and, more generally, to gir. This statement is the latest in a series of promote the strengthening of arms controls reports which raise serious concerns about this globally. matter. The Department of Foreign Affairs maintains close contacts with the Baha´’ı´ community in Diplomatic Representation. Ireland about the situation of their co-religionists 92. Mr. Gogarty asked the Minister for Foreign on the ground. In its contacts with the Iranian Affairs if the Government has established diplo- Embassy in Dublin the Department regularly matic relations with the new Government in Iraq; conveys the Government’s concerns. his plans to establish an embassy in Baghdad; and Ireland has also frequently raised the situation if he will make a statement on the matter. of the Baha´’ı´ in Iran at EU level and the EU’s [19742/06] concerns about the treatment of the Baha´’ı´ have in turn been brought to the attention of the Iran- Minister for Foreign Affairs (Mr. D. Ahern): ian authorities on many occasions. Ireland and its The Government approved the establishment of EU partners have also supported resolutions on non-resident diplomatic relations with Iraq in Iran at the UN General Assembly and at the UN 1979 and Ireland subsequently opened an Commission on Human Rights. These initiatives Embassy in Baghdad in 1986. have brought specific attention to the plight of In the crisis leading up to the 1991 Gulf War, the Baha´’ı´ in Iran. the Embassy of Ireland was moved from Baghdad The situation of the Baha´’ı´ community has also been raised during the formal EU-Iran Human to Amman in Jordan, and subsequently closed in Rights Dialogues, the last session of which took August 1992. The Iraqi Embassy in London, from place during the Irish Presidency of the EU in where the Iraqi Ambassador was also accredited 2004. Iran has been reluctant to agree dates for a to Ireland, closed in February 1991. renewed session of the Human Rights Dialogue Diplomatic relations between Ireland and Iraq and the Dialogue has been in abeyance since that were never broken off but effectively went into time, though consultations on the next session abeyance. Therefore, the question of formally are ongoing. establishing or re-establishing such relations with The General Affairs and External Relations the new Iraqi Government did not arise. Follow- Council on 10 April 2006 underlined the EU’s ing the reopening of the Iraqi Embassy in London continuing concern about human rights in Iran, in in 2003, my Department dealt with it as rep- particular the treatment of the Baha´’ı´ and other resenting the newly established Iraqi Govern- religious minorities. These concerns were reiter- ment. Active relations were fully restored when ated on 15 May 2006. In addition, the EU Presi- Ambassador Salah Al-Shaikhly presented his cre- dency raised a number of human rights concerns dentials to President McAleese on 21 March directly with the Iranian Government on 11 April 2006. 2006, including the problems alluded to in the Ireland has a small diplomatic service and Special Rapporteur’s statement. accordingly, as I believe the Deputy will appreci- Ireland and the EU will remain actively ate, any expansion of our resident diplomatic net- engaged on this issue and will continue to raise it work must be approached on a phased basis, hav- in all appropriate fora. ing regard to clear priorities. The opening of further resident Missions abroad is considered by Northern Ireland Issues. the Government on an ongoing basis. 94. Mr. Howlin asked the Minister for Foreign Affairs his views on the recent killing of 15 year Human Rights Issues. old Michael McIlveen in Ballymena; his further views on the need to make tackling sectarianism 93. Ms Lynch asked the Minister for Foreign the number one priority for all parties in Affairs if he has received literature from the Northern Ireland and for the two Governments; Baha´’i community here expressing their concern his further views on the Shared Future initiative at the treatment of their co-religionists in Iran; in this regard; and if he will make a statement on the discussions which have been held between the matter. [19725/06] members of his Department and members of the Baha’i faith in this regard; the progress being Minister for Foreign Affairs (Mr. D. Ahern): made at United Nations level with respect to this On 8 May last, I wholeheartedly condemned the issue and the actions which Ireland has taken in appalling sectarian attack on Michael McIlveen this matter. [19713/06] which led to his death. My thoughts continue to 577 Questions— 24 May 2006. Written Answers 578 be with his family and friends who have shown is made a reality. It will be vital that the work such courage and dignity in the face of this now commenced via the recently launched tragedy. Action Plan reaches into all aspects of life in This incident was a truly shocking reminder of Northern Ireland in order for progress to be the evil of sectarianism, and that sectarian hatred made in promoting good community relations and violence still plague communities across and in tackling the scourge of sectarianism once Northern Ireland. As the Taoiseach said in the and for all. immediate aftermath of Michael’s death, those responsible for this brutal crime stand con- Question No. 95 answered with Question demned in the eyes of all decent people who No. 82. yearn for a peaceful society in Northern Ireland. They must face the full rigours of the law as Diplomatic Representation. speedily as possible. 96. Mr. Connaughton asked the Minister for I welcome the fact that this sectarian killing has Foreign Affairs the number of Irish people for been condemned by the entire community in whom the Department of Foreign Affairs has Northern Ireland. It is vitally important that all paid a court-imposed bond since 1997; and if he incidents of sectarianism be condemned consist- will make a statement on the matter. [19540/06] ently, unequivocally and unambiguously by every political party in Northern Ireland, and that Minister for Foreign Affairs (Mr. D. Ahern): leadership be shown in reducing tensions and As I outlined in my reply of 4 April 2006 to a promoting reconciliation between the communi- parliamentary question on this issue, consular ties. In this regard, I welcome moves by the Loyal assistance is provided by the Department of Orders locally to voluntarily re-route a forth- Foreign Affairs in a wide variety of circum- coming parade away from the site of the attack stances, with each situation being assessed on a on Michael McIlveen, as well as the decision not case by case basis, having regard to all the to proceed with a recent Hunger Strike commem- factors involved. oration in the town. I hope that this tragic death Since 1997, an advancement of the funds by the can, at the very least, lead to further instances of Department in a court bond context occurred in community sensitivity and local accommodation the case of three Irish citizens in Columbia. In aimed at reducing tensions and avoiding further this particular consular case, the court judgment violence. permitted the three citizens to be released from At the time of Michael’s death, I called on all prison on payment of a bond. My Department, at those in positions of influence and leadership to the request of the Defence team, and given the work unstintingly to combat all manifestations of on-going consular concerns about the safety of sectarian hatred in their communities. I renew the persons concerned, advanced the funds to that call today. facilitate the payment of this bond on the basis of Following the disturbing pattern of sectarian a firm undertaking to repay the sum involved. violence last summer, I held a number of meet- The funds were repaid in full. The decision to ings with victims of sectarian violence and local advance funds was taken by the Department in political representatives from the Antrim area, pursuit of its consular responsibilities, and was Belfast, and elsewhere. Officials of my Depart- neither discussed nor taken at political level. ment also continue to meet on a regular basis with local community and political representa- Question No. 97 answered with Question tives in the areas most affected. We will continue No. 68. to monitor the situation closely with regard to all instances of sectarian intimidation and violence Northern Ireland Issues. as we approach this year’s marching season. 98. Mr. Gilmore asked the Minister for Foreign The Shared Future initiative lays out a compre- Affairs the timetable for the re-establishment of hensive approach to the promotion of good all the institutions created under the Good Friday relations between all communities in Northern Agreement in view of the recall of the Northern Ireland. The policy includes important initiatives Ireland Assembly; when new negotiations to eliminate sectarianism and racism, steps to between the political parties in Northern Ireland tackle inappropriate and aggressive displays of and the British and Irish Governments will begin; flags and emblems, initiatives to reduce tension the location of these talks; the length of time they at interface areas, and measures to promote are expected to last; and if he will make a state- opportunities for increased sharing in education. ment on the matter. [19724/06] I raised the future direction of the Shared Future initiative with Secretary of State Peter Minister for Foreign Affairs (Mr. D. Ahern): Hain at the most recent meeting of the British- On 6 April in Armagh, the Taoiseach and Prime Irish Intergovernmental Conference on 2 May Minister Blair set out the Governments’ joint 2006. We agreed that active implementation on strategy to achieve restoration of the devolved the ground will be key to ensure that the institutions of the Good Friday Agreement this strategy’s positive vision of a shared future for all year. The joint strategy established a clear time- 579 Questions— 24 May 2006. Written Answers 580

[Mr. D. Ahern.] Prime Minister, the Honorable John Howard MP, table, commencing with the recall of the or by officials of my Department with his del- Assembly on 15 May. Members have been given egation, during my official talks held on Monday an initial period of six weeks to elect a First and with the Prime Minister. However, Timor Leste Deputy First Minister and form an Executive. was on the agenda for our meeting and we had Should that not prove possible, the parties will be an exchange of views on the situation in Timor allowed some additional but limited time — until Leste during which I referred to Ireland’s long- 24 November — for the express purpose of imple- standing commitment to the country’s political menting the Agreement and establishing the and socio-economic development. Executive. The two Governments firmly believe that the International Agreements. recall of the Assembly brings with it a precious 100. Mr. Broughan asked the Minister for opportunity to foster real political progress, and Foreign Affairs when Ireland will ratify and to chart the way for important decisions affecting implement the United Nations Convention the lives of every section of the community to be Against Corruption. [19712/06] taken by locally elected politicians. As we have done throughout the process, the Government is Minister for Foreign Affairs (Mr. D. Ahern): maintaining close contact with the parties and, The Convention was opened for signature on 9 together with the British Government, will December 2003 and was signed by Ireland on that engage as and when necessary with the parties to date. It entered into force on 14 December, 2005. facilitate a positive outcome. In April of 2005 the European Commission advised that, as parts of the Convention are Foreign Disputes. matters of exclusive Community competence, 99. Mr. Allen asked the Minister for Foreign Member States could not ratify it until the Com- Affairs if Australian use of oil fields off the coast munity had done so. The European Community of East Timor, over which ownership is disputed, signed the Convention on 15 September 2005. was discussed by him or any member of his My colleague, the Minister for Justice, Equality Department with the Australian Prime Minister and Law Reform, who has lead responsibility in or member of his delegation during his recent this area, has instructed his officials to examine visit to Ireland; and if he will make a statement the Convention with a view to identifying the on the matter. [19534/06] necessary legislation which will be required to allow Ireland to ratify it. This examination Minister for Foreign Affairs (Mr. D. Ahern): involves consultation also with the Attorney Timor Leste, or East Timor as it was formerly General’s Office. It is envisaged that this exercise known, and Australia make overlapping claims to will be completed in the near future and that parts of the continental shelf in the Timor Sea, an drafting of the necessary legislation will com- area understood to contain large reserves of oil mence thereafter. and gas. I understand that there has not been any adjudication under international law with regard Question No. 101 answered with Question to the disputed oil fields. No. 75. Under the terms of a bilateral Treaty on Cer- tain Maritime Arrangements in the Timor Sea, Question No. 102 answered with Question signed by the Foreign Ministers of Australia and No. 89. Timor Leste in January of this year, the two sides agreed to set aside their maritime boundary nego- State Airports. tiations for fifty years and to share the resources 103. Mr. Gormley asked the Minister for of what is referred to as the Greater Sunrise field Foreign Affairs if his attention has been drawn to (formerly known as the Sunrise and Troubadour the fact that Israeli war planes recently landed in fields which had also been previously claimed by Shannon Airport; if this action is compatible with both countries) on a 50:50 basis. The agreement, Irish foreign policy in relation to the occupation which has yet to be ratified by the Parliaments of Palestine; if permission was sought for this in both countries, would also allow Australia to landing; and if he will make a statement on the continue to conduct activities in relation to pet- matter. [19736/06] roleum or other resources of the seabed and sub- soil in respect of a number of contested oil fields. Minister for Foreign Affairs (Mr. D. Ahern): I Prior to this agreement, Australia and Timor would refer the Deputy my reply to Questions Leste concluded the Timor Sea Treaty in May Nos. 254 and 260 of 16 May 2006. At the outset, 2002, which accords to Timor Leste 90% of the I would point out that the two aircraft in ques- revenue from a Joint Petroleum Development tion-both Boeing 707s-are not warplanes. On 28 Area in the Timor Sea. This Treaty came into April 2006, the Department of Foreign Affairs force on 2 April 2003. having, in accordance with standard practice, con- It would not have been appropriate for this sulted with the Department of Justice, Equality issue to have been raised with the Australian and Law Reform, gave permission for two Boeing 581 Questions— 24 May 2006. Written Answers 582

707 aircraft operated by the Israeli Air Force to The needs of the Irish community in Britain land at Shannon Airport on 5 May. are a particular priority for the Government. In The landing permission for these two aircraft 2005, groups in Britain received grants from my was granted subject to the normal conditions that Department amounting to \7.06 million. The very apply to landings at Irish airports by foreign significant increase in funding and the rise in the military aircraft; namely that the aircraft would number of grant recipients reflect, in the clearest be unarmed, would carry no arms, ammunition or possible way, the strength of the Government’s explosives, would not engage in intelligence gath- firm and sustained commitment to our com- ering, and that the flights in question would not munity in Britain. form any part of military exercises or operations. While the primary emphasis of funding con- The practice of permitting landings by foreign tinues to be on supporting frontline welfare military aircraft at Irish airports, subject to such services, I am pleased that additional funding has conditions, has been in place for more than fifty also made it possible to support a number of capi- years. tal projects as well as projects which support our The search for a lasting and peaceful settle- community in Britain in their wish to express ment of the Israeli-Palestinian conflict has long their Irish identity. With regard to funding this been a central concern of Irish foreign policy, year, applications from groups in Britain are cur- under successive Governments. The Government rently under consideration and I look forward to and its partners in the EU firmly believe that the making an announcement in due course. only route to a just and lasting settlement is through the negotiation of a mutually acceptable Nuclear Disarmament Initiative. two-state solution. This must lead to the coexistence of two viable, sovereign and independent 106. Mr. Deasy asked the Minister for Foreign states with agreed international borders. We will Affairs the steps being taken to pursue the issue continue to work to promote an environment for of nuclear disarmament by his Department; and negotiation, despite the obstacles which are so if he will make a statement on the matter. obvious at this point. [19570/06] Minister for Foreign Affairs (Mr. D. Ahern): Official Engagements. The only multilateral legally binding obligation in 104. Mr. Broughan asked the Minister for respect of nuclear disarmament is enshrined in Foreign Affairs the contact he has had with the the Treaty on the Non-Proliferation of Nuclear recently elected President of Chile; and if he will Weapons (NPT), which came into existence fol- make a statement on the matter. [19711/06] lowing an initiative taken by the late Frank Aiken. His pioneering efforts were duly recog- Minister for Foreign Affairs (Mr. D. Ahern): nised when Ireland was invited in 1968 to be the I have not yet had an opportunity to meet with first country to sign the Treaty after it had been President Michelle Bachelet of Chile. Minister of negotiated. Since then, support for the Treaty has State Tom Kitt attended her inauguration on 11 been our highest priority in the area of disarma- March 2006 in Valparaı´so and had an opportunity ment and non-proliferation. to convey the best wishes of the Government to Ireland is committed to the full implementation both President Bachelet and outgoing President of the NPT and, in particular, believes that the 13 Ricardo Lagos. In addition, the Taoiseach and practical steps outlined in the Outcome Docu- Minister of State Noel Treacy attended the IV ment of the 2000 NPT Review Conference set out EU-Latin America and Caribbean Summit in a clear road by which the objective of nuclear dis- Vienna on 11-12 May, in which President Bach- armament can be achieved. Regrettably, the most elet also participated. recent such Conference, in May of last year, failed to build on this outcome and to agree any Emigrant Support Services. substantive recommendations or conclusions. The next scheduled Review Conference of the NPT 105. Mr. English asked the Minister for Foreign will not take place until 2010. It will be preceded Affairs the level of funding allocated to support- by a series of preparatory meetings beginning in ing groups working with Irish emigrants in the 2007. Ireland will in the meantime continue to United Kingdom; and if he will make a statement work with like-minded countries in identifying on the matter. [19579/06] areas where implementation of the Treaty can be strengthened, including in the area of nuclear dis- Minister for Foreign Affairs (Mr. D. Ahern): armament. The strong commitment of the Government to In Geneva last March, the Permanent Rep- support our community abroad is reflected in the resentative of Ireland to the Conference on Dis- unprecedented level of funding secured for remi- armament reiterated the Irish position with grant services. This year, \12 million is available regard to the NPT and emphasised the need for for this purpose which represents an increase of greater transparency on the part of the Nuclear 45% on 2005 and is twelve-times greater than the Weapons States in their respective nuclear dis- 1997 allocation. armament processes. Ireland will also continue to 583 Questions— 24 May 2006. Written Answers 584

[Mr. D. Ahern.] appreciate, any expansion of our resident diplo- work within the forum of the Conference of Dis- matic network must be approached on a phased armament to identify possible areas of conver- basis, having regard to clear priorities. The open- gence on the way forward on nuclear dis- ing of further resident Missions abroad, including armament. in Chile, is considered by the Government on an Ireland is a founding member of the New ongoing basis Agenda Coalition (NAC), a grouping that seeks to promote a new momentum into multilateral Overseas Development Aid. consideration of nuclear disarmament. Ireland, together with our partners in the NAC, submitted 108. Mr. Crawford asked the Minister for a resolution on the NPT to the First Committee Foreign Affairs the level of humanitarian aid allo- of the United Nations General Assembly last cated to the Palestinian Authority in 2005; the October, which, inter alia, reaffirmed the out- current levels of aid; and if he will make a state- come of the 2000 NPT Review Conference as the ment on the matter. [19558/06] framework for the pursuit of nuclear disarmament and called for universalisation of the Treaty Minister of State at the Department of Foreign and the fulfilment by all NPT States Parties of Affairs (Mr. C. Lenihan): The core objective of their respective nuclear disarmament obligations. Ireland’s assistance to Palestine has been to The resolution attracted widespread support. alleviate the material consequences of the Most recently, Ireland has committed itself to ongoing conflict by enhancing the capacity of co-funding a seminar on NPT issues organised by Ireland’s partners in Palestine to respond to the the United Nations Institute for Disarmament crisis and to begin, where possible, to meet the Research (UNIDIR). The seminar is taking place future development needs of the Palestinian people. in Geneva this week and will examine such issues \ as compliance, nuclear disarmament measures In 2005, Ireland delivered in excess of 4 mil- and possible ways to strengthen the NPT. Ireland lion in humanitarian and development assistance also intends to participate in a seminar in Canada to Palestine. Humanitarian assistance has been next September that will examine the issue of channelled through the United Nations Relief nuclear disarmament obligations, as set out in and Works Agency (UNRWA), which remains Article VI of the Treaty, with a view to identi- our key partner in the provision of basic services fying further ways to make progress on this vital to the Palestinian people. In response to question. UNRWA’s appeal for funding, Ireland provided early funding of \1.5 million to UNRWA in 2006. This was un-earmarked core funding which Diplomatic Representation. allows UNRWA to respond flexibly to the emerg- 107. Dr. Twomey asked the Minister for ing challenges. Ireland will continue to respond Foreign Affairs the number of Irish Embassies in to changing humanitarian needs in Palestine. place in South America; if an expansion of the Our development funding has been focused on network is planned. [19578/06] support for basic education, strengthening local government through local rural development 158. Ms B. Moynihan-Cronin asked the Mini- programmes, and support for key United ster for Foreign Affairs when it is proposed to Nations’ agencies. We also provide significant establish an Embassy in Chile as understood at support for civil society organisations in Palestine the time of the visit of the former President of which work to promote human rights and demo- Chile, Mr Ricardo Lagos. [19707/06] cratisation and to facilitate community rehabilitation. Minister for Foreign Affairs (Mr. D. Ahern): I The Government is extremely conscious of the propose to take Questions Nos. 107 and 158 need to continue assistance to Palestine in the together. There are currently two Irish Embassies current difficult political climate. Ireland’s prog- in South America — in Argentina and Brazil. ramme of assistance in 2006 will include con- Our Embassy in Argentina is also accredited to tinued support for partner UN Agencies, NGOs Bolivia, Chile, Paraguay and Uruguay on a non- and Bethlehem University. We have made clear resident basis. In addition, the Irish Embassy in that we are determined to maintain the overall Mexico is accredited to a number of countries in volume of our assistance to Palestine. South and Central America on a non-resident We do not believe that the Palestinian people basis — Colombia, El Salvador, Peru and should face the risk of a humanitarian crisis Venezuela. because of the reluctance of their new Govern- The Government has appointed Honorary ment to respect the peace process. However, Consuls in Bolivia, Brazil, Chile, Colombia, Ecu- there is agreement among all the Member States ador, Peru and Venezuela. In Central America, that the EU cannot maintain its capacity-building we maintain Honorary Consuls in El Salvador, support for the Hamas Government under the Guatemala and Panama. Oslo process, given that the Government has not Ireland has a small diplomatic service and committed to the conditions set out by the Quar- accordingly, as I believe the Deputies will tet and the EU. 585 Questions— 24 May 2006. Written Answers 586

Following the meeting of the Quartet on 9 Question No. 110 answered with Question May, the EU is taking the lead in developing a No. 75. temporary international mechanism to channel donor assistance directly to the Palestinian EU Constitution. people. At its meeting on 15 May, the Council agreed that, as a matter of priority, the mechan- 111. Mr. Durkan asked the Minister for ism will aim to provide for basic needs, including Foreign Affairs his preferred options for the health services. Ireland has been to the fore in future development of the European Union with the EU in arguing for the widest possible defini- particular reference to the way in which it is tion of the basic needs to be covered. intended to ratify the Constitution; the extent to I can assure the Deputy that Ireland will, both which he has conveyed his opinion in this regard nationally and in the multilateral framework, do to his colleagues at EU level; and if he will make all that is within our capacity to alleviate the suf- a statement on the matter. [19657/06] fering of the Palestinian people and to pursue our development interventions to the extent possible, 154. Mr. G. Murphy asked the Minister for while being cognisant of the wider political Foreign Affairs the most realistic timescale for realities. the ratification of the EU Constitution; and if he will make a statement on the matter. [19535/06] Decentralisation Programme. Minister for Foreign Affairs (Mr. D. Ahern): I 109. Mr. Kehoe asked the Minister for Foreign propose to take Questions Nos. 111 and 154 Affairs if he has received notification regarding together. the sourcing of a premises to accommodate the Following last year’s French and Dutch refer- decentralisation of Irish Aid; and if he will make endum results, EU leaders initiated a period of a statement on the matter. [19583/06] reflection in order to allow time for national debates about the future of Europe. Next 149. Mr. Kenny asked the Minister for Foreign month’s European Council is due to review this Affairs the number of staff, working with Irish process. EU Foreign Ministers have already Aid, volunteering to decentralise; and if he will begun the task of preparing this review and will make a statement on the matter. [19577/06] meet informally in Austria at the weekend. There will be a further discussion of the Constitution 167. Mr. Neville asked the Minister for Foreign and the Future of Europe at the General Affairs Affairs the timescale for the decentralisation of and External Relations Council on 12 and 13 divisions within his Department; and if he will June. At this stage, it is clear that the time is not make a statement on the matter. [19573/06] yet right for resolving the issues impeding the ratification of the Constitution and that it will be Minister for Foreign Affairs (Mr. D. Ahern): necessary t o extend the period of reflection into I propose to take Questions Nos. 109, 149 and next year. The Member States need to continue 167 together. to work together to create conditions conducive Under the Government’s decentralisation to the Constitution’s ultimate entry into force. programme, the Development Cooperation At this point, is not feasible to set a firm time- Directorate of the Department of Foreign Affairs, currently based in Dublin, will decentral- table for the ratification of the Constitution. It ise to Limerick. This is scheduled to take place is important to note, however, that a majority of during the first half of 2007 and will involve the Member States have now ratified the Consti- relocation to Limerick of 124 posts. The Office of tution. On the 9 of May, Estonia became the 15th Public Works has identified a suitable location on Member State to do so. Finland is expected to Henry Street in Limerick city centre and has ratify in the near future. advised my Department that lease terms have While there are inevitably varying views about been agreed with the developer. The building is the European Union’s future direction, Ireland scheduled to be ready for occupation by June continues to be a firm supporter of the European 2007. Constitution. We see the Constitution as the best- Already, a total of 35 posts in the Directorate, available blueprint for the further development including that of Director General, are filled by of the Union. Its entry into force would create officers who have signalled their intention to a more efficient and effective Union, capable of decentralise to Limerick. Sixteen officers serving meeting the challenges of a rapidly changing elsewhere in the Department, mostly abroad, world. I have outlined our position of support for have also expressed an interest in doing so. This the Constitution at every opportunity and will total of 51 represents some 41% of the posts continue to do so. In the wake of the French and being transferred to Limerick. The aim is that, by Dutch results, we have witnessed a lively debate the second half of 2006, most posts in the Direc- about the Future of Europe, but no-one has put torate will be filled by staff who will decentralise forward a convincing alternative to the Con- to Limerick. stitution. 587 Questions— 24 May 2006. Written Answers 588

Question No. 112 answered with Question recent contact with the US Administration with No. 76. regard to the practice of rendition flights; and if he will make a statement on the matter. 113. Mr. Gormley asked the Minister for [19542/06] Foreign Affairs his views on the need to establish a convention for the future of Europe to draw up Minister for Foreign Affairs (Mr. D. Ahern): a new EU constitution following the rejection by My most recent contact with the US admini- France and the Netherlands; and if he will make stration on the matter of extraordinary rendition a statement on the matter. [19737/06] took place on St Patrick’s Day, during the Taoiseach’s meeting with President Bush in the 139. Mr. Boyle asked the Minister for Foreign White House. As Deputies will be aware, on that Affairs his views on whether a new EU consti- occasion the Taoiseach raised with President tution should be put to EU member states on the Bush Ireland’s well-known concerns with respect same day by way of a Europe-wide referendum; to this practice. The Taoiseach also raised the and if he will make a statement on the matter. possibility of improving information sharing in [19738/06] relation to the passage of CIA flights through Irish airspace. 222. Mr. Durkan asked the Minister for Contacts on this matter continue at official Foreign Affairs the extent of discussions taking level. The US side have emphasised that the vast place at EU level with the object of amending, majority of CIA flights worldwide are in no way ratifying or replacing the EU Constitution; and if connected with extraordinary rendition, and re- he will make a statement on the matter. iterated their categoric assurances, as confirmed [20017/06] by Secretary of State Rice to me in December, that prisoners have not been transferred through Minister for Foreign Affairs (Mr. D. Ahern): Irish territory, nor would they be, without our I propose to take Questions Nos. 113, 139 and permission. 222 together. While the time is not yet right to complete the Human Trafficking. ratification of the EU Constitution, I can see no 117. Mr. Crowe asked the Minister for Foreign grounds at present for embarking on any renego- Affairs if he will request further meetings with his tiation of what was agreed in 2004. There have counterparts from countries other than Poland, been some proposals for selective implemen- Latvia and Lithuania including, for example, tation of the Constitution, but the widely-held Romania and Belarus to discuss tackling human view is that the Constitution, which has already trafficking and supporting the victims of human been ratified by 15 Member States, needs to be trafficking. [19651/06] kept intact. Agreement on the Constitution was arrived at 141. CaoimhghıńO´ Caolaín asked the Minister following a long and complex set of negotiations, for Foreign Affairs when the meetings he has beginning with the work of the Convention and requested between himself and his counterparts concluding during Ireland’s EU Presidency. It is from Poland, Latvia and Lithuania are to take unlikely that a new Convention, or a fresh Inter- place; the proposals he will discuss with them Governmental negotiation, would produce a sig- relating to the need to tackle human trafficking nificantly different outcome acceptable to all and to support victims of human trafficking. Member States. [19649/06] Member States must ratify EU Treaties in accordance with their own constitutional require- Minister for Foreign Affairs (Mr. D. Ahern): I ments and in a timeframe that suits their individ- propose to take Questions Nos. 117 and 141 ual national circumstances. It remains our view together. that the Constitution can and should be brought I met with the newly appointed Foreign Mini- into force once the conditions are right. We hope ster of Poland on Monday, 22 May. The Foreign that significant progress in this direction will be Ministers of Lithuania and Latvia have also been possible in 2007 to coincide with the 50th anniver- invited to visit Ireland, and it is hoped that dates sary of the signing of the Treaty of Rome. for these visits will be agreed in the coming Question No. 114 answered with Question weeks. No. 89. The invitations to the Ministers were issued in order to offer them the opportunity to meet with Question No. 115 answered with Question members of their communities in Ireland, to dis- No. 76. cuss bilateral relations and matters on the agenda of the European Union. The presence here of such large communities from these countries Human Rights Issues. offers an excellent opportunity to strengthen our 116. Mr. Deenihan asked the Minister for bilateral relations with them to our mutual Foreign Affairs if he will report on his most benefit. In the light of the sizeable Polish com- 589 Questions— 24 May 2006. Written Answers 590 munity in Ireland, we agreed that there may be a UN Human Rights Council. need for an increase in exchanges between our 119. Mr. Crawford asked the Minister for respective Ministries of Justice and police forces Foreign Affairs the manner in which members to ensure that any problems arising are dealt will be elected to the new UN Human Rights with speedily. Council; and if he will make a statement on the I can confirm that among the many issues dis- matter. [19531/06] cussed with the Polish Foreign Minister, human trafficking within the European Union was raised. This is a subject to which the Government 153. Mr. P. Breen asked the Minister for attaches high priority. Other issues included the Foreign Affairs the safeguards in place to ensure Constitutional Treaty, the EU Services Directive, that countries with a poor human rights record UN reform, the Middle East Peace Process and will not be able to take up positions on the new aspects of Polish migration to Ireland. Human UN Human Rights Council; and if he will make trafficking is an issue of concern to all member a statement on the matter. [19532/06] States, and I have arranged to send a report of the discussion to my colleague, the Minister for Minister for Foreign Affairs (Mr. D. Ahern): I Justice, Equality and Law Reform, as An Garda propose to take Questions Nos. 119 and 153 Sıóchańa has responsibility for enforcing the law together. in this area. The elections to the new UN Human Rights Council took place on 9 May 2006. A total of 47 seats were contested, with each regional group Corruption Levels. being allocated a certain number. 118. Mr. Gogarty asked the Minister for The General Assembly Resolution establishing Foreign Affairs if his attention has been drawn to the Council included a number of provisions the concerns raised by a person (details supplied) aimed at addressing concerns relating to the in relation to the corruption of some African human rights records of its members. Whereas Governments and the inadvisability of giving election to the former Commission on Human money to such Governments; his plans to address Rights was by a simple majority of States present this issue; and if he will make a statement on the and voting in the General Assembly, members of matter. [19743/06] the Human Rights Council have to receive the support of an absolute majority of the General Minister of State at the Department of Foreign Assembly. In addition, States are elected by sec- Affairs (Mr. C. Lenihan): I am aware of the con- ret ballot. cerns of the person referred to by the Deputy, Prospective members of the Council are also particularly in relation to Ethiopia and Uganda. obliged to commit themselves to upholding the No Irish Aid funding goes directly to the Govern- highest standards in the promotion and protec- ment of Ethiopia via direct or general budget sup- tion of human rights, and will be the first to be port. International donors who previously pro- scrutinised under the new universal periodic vided funds for direct budget support in Ethiopia review mechanism which will examine the extent are redirecting those funds to a new multi-donor to which international human rights standards are trust fund monitored by the UN. Ireland contrib- respected on the domestic level. Ireland, together uted significantly to the design of this new with our EU partners, will seek to shape the per- mechanism. iodic review mechanism so that it provides a cred- In the case of Uganda, Irish Aid redirected its ible and effective oversight process. funds from general budget support in 2002 to a A mechanism has also been established to ring-fenced mechanism, the Poverty Action Fund allow for the expulsion of a member of the (PAF) supporting health, education, rural roads Council if it is deemed by a two-thirds majority and agriculture. of the General Assembly to be responsible for Building good governance in the African coun- gross and systematic violations of human rights. tries assisted by Ireland, including tackling cor- Ireland and our European Union partners have ruption, is a key priority of our aid programme. also undertaken not to vote for any State that is This includes assistance for building democratic subject to Security Council sanctions for human systems of government that are underpinned by rights related reasons. free and fair elections, strengthening the rule of I am confident that when the Human Rights law, enhancing respect for human rights, improv- Council meets for the first time on 19 June, it ing transparency and accountability through will represent a fresh start for the human rights initiatives to enhance public financial manage- machinery of the UN. ment and building the capacity of civil society to influence and monitor public policy decisions. Common Foreign and Security Policy. Irish Aid gives the highest priority to ensuring that Irish tax-payers’ money is spent efficiently 120. Mr. Ring asked the Minister for Foreign and effectively for the benefit of the poor in all Affairs the position with regard to developments our programme countries. in the sphere of European common defence and 591 Questions— 24 May 2006. Written Answers 592

[Mr. Ring.] Affairs the position with respect to the ongoing security; and if he will make a statement on the difficulties being experienced by the Kurdish matter. [19549/06] community in Turkey; if he is in receipt of submissions from Kurdish groups here seeking aid Minister for Foreign Affairs (Mr. D. Ahern): and assistance in this regard; if such offers of The European Security and Defence Policy assistance have been made by the Government; (ESDP) is an integral part of the Common and if he will make a statement on the matter. Foreign and Security Policy (CFSP) and serves [19714/06] the Union’s general objectives of peace and stability. These objectives and the provisions govern- Minister for Foreign Affairs (Mr. D. Ahern): I ing ESDP are set out in the Treaties of Amster- am very aware of the ongoing difficulties being dam and of Nice, which were approved by experienced by the Kurdish community, including referendum. In this context, the European Union in relation to the escalation of violence in is increasing its ability to contribute to both the Southeast Turkey, particularly in recent weeks. civilian and military dimensions of crisis This has led to frequent clashes between the management. security forces and armed groups and has It is important to distinguish between ESDP resulted, tragically, in a substantial number of and the possibility of a common defence. Any casualties, including mortalities. Very regrettably move to a common defence would be for decision there have also been a number of civilian deaths. by the European Council acting unanimously and This has occurred since the resumption of viol- in accordance with Member States’ constitutional ence by the PKK, an organisation which appears requirements. At present, there are no proposals on the EU list of terrorist organisations. for such a move. In any event, Ireland’s position The Government’s concerns about the human is clear. The amendment to Article 29 of rights situation in Turkey, including the situation Bunreacht na hE´ ireann in October 2002 pre- of some 15 million people of Kurdish origin, are cludes Ireland from participating in a common raised on a regular basis in our contacts with the defence. As a consequence, the Irish people Turkish Government and its representatives. would have to amend Bunreacht na hE´ ireann Together with our EU partners, and the Euro- before Ireland could take part in a common pean Commission, we continue to monitor the defence. situation closely, including in the context of the The Union is continuing to develop its capabili- ongoing Turkey-EU accession negotiations. ties for crisis management under ESDP, both In recent years Turkey has made significant military and civilian. The objectives which it has progress in the adoption of wide-ranging political set itself are clearly set out in the (military) Head- and legal reforms. Legislation has been enacted line Goal 2010 and the Civilian Headline Goal aimed at strengthening the cultural rights of all 2008. There are eleven ESDP crisis management citizens, including those of Kurdish origin. In this missions currently underway, nine of which are context we welcome developments currently civilian and two of which are military. The civilian under way to provide broadcasting in the Kurd- missions range from police and rule of law advis- ish language. ory and training missions, assistance to security I am not aware of an approach for assistance sector reform, border monitoring missions and from Kurdish groups based in Ireland. However, ceasefire monitoring missions. The two military a London-based Kurdish group has recently been missions are the peace stabilisation mission in in contact with officials from my Department Bosnia-Herzegovina (EUFOR Althea) and the seeking support for a number of projects, includ- EU support to the African Union’s mission in ing in relation to research, training, and public Darfur, Sudan (AMIS). awareness. This request is currently under con- In addition, the EU is due to launch a military sideration. crisis management mission in the DRC at the request of the UN to provide support for the UN Question No. 122 answered with Question Mission in the Democratic Republic of the Congo No. 68. (MONUC) during the electoral period in the DRC. An EU Planning Team is also due to be Overseas Development Aid. deployed to Kosovo within the next month, in order to prepare for a possible rule of law advis- 123. Mr. Eamon Ryan asked the Minister for ory mission in that country. Foreign Affairs his views on whether the AIDS Ireland participates in five of the ongoing epidemic is one of the most serious issues facing eleven missions and has also offered up to ten Africa; the views of the Government in relation military personnel for the forthcoming military to this issue; and if he will make a statement on crisis management mission in the Democratic the matter. [19744/06] Republic of the Congo. Minister of State at the Department of Foreign Affairs (Mr. C. Lenihan): HIV/AIDS continues Human Rights Issues. to be the single biggest obstacle to reducing pov- 121. Ms Lynch asked the Minister for Foreign erty and to attaining the Millennium Develop- 593 Questions— 24 May 2006. Written Answers 594 ment Goals (MDGs). Current statistics from the the global fight against HIV/AIDS and its deter- United Nations Joint Programme on AIDS mination to remain at the forefront of the inter- (UNAIDS) indicate that in 2005 almost 40 mil- national response. lion people were living with the HIV virus. Sub-Saharan Africa continues to be the worst Nuclear Disarmament Initiative. affected region in the world and is now home to 124. Mr. Noonan asked the Minister for over 25 million adults and children living with Foreign Affairs if he has communicated the con- HIV. Over 3 million new infections occurred cerns of Ireland regarding nuclear proliferation to there in 2005, while the epidemic claimed the those countries which have refused to become a lives of over 2 million adults and children in the signatory to the non-proliferation treaty; and if he same year. Women outnumber men among will make a statement on the matter. [19572/06] people living with the disease. Women and girls make up almost 57% of adults living with HIV in Minister for Foreign Affairs (Mr. D. Ahern): Africa and 11 million children in this region have Ireland has a long-standing policy of support for lost one or both parents to AIDS. the Treaty on the Non-Proliferation of Nuclear Ireland has a very strong commitment to Weapons (NPT), going back to Frank Aiken’s addressing HIV/AIDS. It is a key priority for initiative almost fifty years ago, and attaches the Irish Aid’s policies and programmes. We were utmost importance to its universalisation. India, one of the first donors to develop a HIV/AIDS Pakistan and Israel are the only three countries strategy which has served us well in guiding our that have not acceded to the NPT. response to this crisis. We have continually At the NPT Review Conference in New York worked to ensure that the issue is high on the last May, I stated that it was a matter of serious agenda of the EU and UN’s Funds and concern that India, Israel and Pakistan continue Programmes. to remain outside the NPT regime and I urged At a global level, Ireland is supporting a them to accede to the Treaty unconditionally and number of multilateral organisations and initiat- at an early date. Such a call has also been made ives, including UNAIDS, the Global Fund for in recent statements by the European Union. HIV/AIDS, TB and Malaria, the International In addition, Ireland, with our partners in the AIDS Vaccine Initiative and the International New Agenda Coalition, introduced a resolution Partnership on Microbicides. The Government is on the NPT to the First Committee of the United also working with the Clinton Foundation to Nations General Assembly last October. A para- assist in the preparation of integrated HIV and graph in the resolution that urged India, Israel AIDS treatment, care and prevention prog- and Pakistan to accede to the Treaty was sup- rammes. We are also supporting a regional ported by 148 countries. Last December, when HIV/AIDS programme for Southern and Eastern the issue was taken up in the Plenary of the Africa. Our development programme is working General Assembly, some 158 UN Member States to strengthen government capacity to respond to endorsed this call. Pakistan voted against that HIV/AIDS in all our Programme Countries and paragraph of the resolution at the First Commit- in South Africa. It is also supporting Non- tee but abstained during the Plenary while India Governmental and Faith-Based Organisations in and Israel voted against the resolution on both their work to deliver home-based care and sup- occasions. port children orphaned as a result of the Ireland will continue to avail of every oppor- pandemic. tunity nationally, within the EU, within the New I will ensure that the fight against HIV and Agenda Coalition (NAC) and at the United AIDS and other communicable diseases will Nations to call for the adherence of these coun- remain a top priority for the expanding aid prog- tries to the Treaty. ramme. Following o n the commitment given by the Taoiseach at the High Level Meeting at the Question No. 125 answered with Question United Nations last September to provide No. 75. additional funding to tackle HIV/AIDS and other global communicable diseases, I have increased Question No. 126 answered with Question the budget for tackling these diseases to \100 mil- No. 89. lion this year. We will use these additional funds to build on existing partnerships at international Diplomatic Representation. and regional level. We will also increase support 127. Mr. S. Ryan asked the Minister for to our bilateral country partners in Africa as they Foreign Affairs the contact as he has had with the scale up to provide increased access to HIV pre- recently elected Government of Bolivia; and if he vention, treatment and care services. will make a statement on the matter. [19710/06] Next month, I will accompany the Taoiseach to the review of the United Nations Declaration of Minister for Foreign Affairs (Mr. D. Ahern): I Commitment on HIV/AIDS in New York. The have not personally had contacts with President presence of the Taoiseach at this event indicates Morales or with members of his Administration the importance which the Government affords to since his and the MAS party’s successes in the 595 Questions— 24 May 2006. Written Answers 596

[Mr. D. Ahern.] adopted on Sudan, Uganda, the Democratic presidential and legislative elections held in Boli- Republic of Congo and Coˆ te d’Ivoire. via in December 2005. Ireland’s Ambassador to Over lunch, the Council discussed the Middle Argentina attended the inauguration of President East Peace Process, Iraq and Iran. On Iraq, the Morales in La Paz on 22 January 2006 and con- Council warmly welcomed progress made veyed to him the best wishes of the Government. towards forming a government of national unity In addition, the Taoiseach and Minister of and expressed readiness to engage actively with State Noel Treacy attended the IV EU-Latin the new government in order to achieve a secure, America and Caribbean Summit in Vienna on 11- prosperous and democratic Iraq. On the Middle 12 May, in which President Morales also par- East, Ministers adopted Conclusions committing ticipated. the EU to a lead role in the creation of the Tem- porary International Mechanism to channel inter- Question No. 128 answered with Question national assistance directly to the Palestinian No. 72. people. The Council also called on Iran to cooperate fully with the IAEA and expressed full sup- European Council Meetings. port for the UN Security Council’s efforts. Mini- sters reaffirmed that the EU would be prepared 129. Mr. Costello asked the Minister for to support Iran’s development of a safe, sus- Foreign Affairs if he will report on the most tainable and proliferation-proof civilian nuclear recent EU Council of Ministers meeting; the con- programme, if international concerns were fully tribution which Ireland made; and if he will make addressed and confidence in Iran’s intentions a statement on the matter. [19715/06] established. Over lunch, the Council discussed the Middle East Peace Process, Iraq and Iran. On Minister for Foreign Affairs (Mr. D. Ahern): Iraq, the Council warmly welcomed progress Ireland was represented at the General Affairs made towards forming a government of national and External Relations Council on 15 May by my unity and expressed readiness to engage actively colleagues Mr Noel Treacy, T.D. Minister for with the new government in order to achieve a European Affairs and Mr Willie O’Dea T.D., secure, prosperous and democratic Iraq. On the Minister for Defence. Middle East, Ministers adopted Conclusions com- The Council had a preliminary discussion on mitting the EU to a lead role in the creation of the draft annotated agenda for the June Euro- the Temporary International Mechanism to chan- pean Council. This Council will focus on the nel international assistance directly to the Future of Europe. Ireland broadly welcomed the Palestinian people. The Council also called on Presidency’s approach to the Council. Draft con- Iran to cooperate fully with the IAEA and clusions have now been issued by the Presidency expressed full support for the UN Security and these will form the basis of discussion by Council’s efforts. Ministers reaffirmed that the officials between now and the next GAERC on EU would be prepared to support Iran’s develop- 12 June. ment of a safe, sustainable and proliferation- The external affairs agenda included dis- proof civilian nuclear programme, if international cussions on issues relating to the European Secur- concerns were fully addressed and confidence in ity and Defence Policy and was therefore Iran’s intentions established. attended, as is normal practice, by Defence Mini- sters as well as Foreign Ministers. The joint Question No. 130 answered with Question session of Foreign and Defence Ministers No. 68. adopted Conclusions on the issues of Civil Military coordination, Security Sector Reform in Question No. 131 answered with Question the Western Balkans and Emergency and Crisis No. 75. Response. Ministers heard a presentation from the former French Foreign Minister and Euro- Question No. 132 answered with Question pean Commissioner, Michel Barnier on options No. 89. for further developing EU capabilities to respond to large-scale natural disasters. In addition, State Airports. Defence Ministers also met separately to discuss 133. Mr. Sargent asked the Minister for Foreign a number of issues including the forthcoming EU Affairs his views on the fact that many of the lat- military crisis management mission in the Demo- est reports confirm that flights which have cratic Republic of the Congo and the European stopped in Shannon have also been used for ren- Defence Agency. dition purposes; and his further views on whether The Council also held discussions on the West- this represents a breach of International law; and ern Balkans, focussing in particular on Serbia and if he will make a statement on the matter. Montenegro as well as the recent political devel- [19746/06] opments in Nepal and preparations for the EU- Russia Summit. A broad-ranging discussion took Minister for Foreign Affairs (Mr. D. Ahern): place on African issues and Conclusions were The Government is satisfied that it is fully in com- 597 Questions— 24 May 2006. Written Answers 598 pliance with its obligations under international The Convention referred to in the Deputy’s law in regard to the issue of extraordinary question was adopted by the UN General renditions. Assembly in December 1990, and it entered into In relation to the landing at Shannon airport of force on 1 July 2003, following ratification by the aircraft alleged to have been used for extraordi- requisite number of States (20). The Convention nary rendition purposes, I would point out that has been open for signature and ratification since these allegations are based on the retrospective December 1990. However, to date only 34 States imposition of a pattern of movement on flight have ratified it. No European Union Member data some considerable time after the fact. They State has as yet signed or ratified the Convention, do not involve any claim of illegal activity on Irish nor has any indicated an intention to do so. territory. In this regard, as I have repeatedly The position essentially is that, in order for stated in the House, the Government has Ireland to ratify the Convention, significant received categorical and unambiguous assurances changes would have to be made across a wide from the US authorities that prisoners have not range of existing legislation, including legislation been transferred through Irish territory, and addressing employment, social welfare provision, would not be, without our permission. education, taxation and electoral law. These changes would also have implications for our EU Question No. 134 answered with Question commitments. The operation of the Common No. 64. Travel Area between Ireland and the UK might also possibly be affected. International Agreements. There are therefore no plans at present to sign or ratify the Convention, although the situation 135. Mr. S. Ryan asked the Minister for will continue to be kept under review. Foreign Affairs Ireland’s position in relation to the statement by the United States of America that it proposes to institute sanctions against the Overseas Recruitment. Government of Venezuela. [19709/06] 137. Mr. Penrose asked the Minister for Foreign Affairs the policy of Ireland in relation Minister for Foreign Affairs (Mr. D. Ahern): to the poaching of African health care workers The decision by the US Government to impose by western governments from the national health sanctions banning sales of and licences for the service of such countries as Malawi and Zambia export of their defence equipment and services which have less that one health worker per thou- to Venezuela is a bilateral issue between these sand of population. [19705/06] two countries. Minister of State at the Department of Foreign 136. Mr. Sherlock asked the Minister for Affairs (Mr. C. Lenihan): Many developing coun- Foreign Affairs if, on foot of his undertaking tries, especially in Africa, are experiencing an given on 25 January 2006 that Irish signature and acute shortage of health workers. They have ratification of the 1990 United Nations Inter- insufficient health workers to provide even the national Convention on the Protection of all most basic services to their citizens. Migrant Workers and Members of their Families There is clear evidence today that a low density would be kept under review, the Government is of health workers results in poor health out- in a position to indicate when it will sign and rat- comes. Without a strong health workforce, ify the Convention. [19735/06] advances in health care cannot reach and benefit the people who need them. Unless the situation Minister for Foreign Affairs (Mr. D. Ahern): is addressed in these countries, they have little As I have indicated to the House, most recently prospect of controlling diseases such as on 25 April 2006, the case for ratification of this HIV/AIDS or TB, or improving the health of Convention has been examined by my Depart- women and children. ment in conjunction with the Department of In Africa, the health worker shortage is a result Enterprise, Trade and Employment, which has of a number of factors, including insufficient lead responsibility on the issue. investment in training of health workers, poor As previously indicated, the rights of migrant conditions of service and loss of health workers workers and their families are already protected from AIDS. The problem is compounded by under existing national legislation and under the migration of health workers to western countries Irish Constitution, as well as under EU law. In which need to recruit internationally to meet addition, the rights of migrant workers and their their own workforce shortage. families are also addressed by Ireland’s commit- The Government is opposed to poaching of ments under international human rights instru- health workers by active recruitment measures in ments to which the State is already a party. These countries where this would undermine the pro- international instruments include, for example, vision of essential health services. We are the International Covenant on Civil and Political responding in a way that takes account of the Rights, and the International Covenant on Econ- rights of health workers to travel and seek omic, Social and Cultural Rights. employment in other countries. Our main 599 Questions— 24 May 2006. Written Answers 600

[Mr. C. Lenihan.] counterparts in Stockholm on 10 March to discuss approach to address this issue is through good possible participation by the Defence Forces in recruitment practices — managing international the Nordic battlegroup, which is due to be on recruitment of health workers in a way that does standby during the first half of 2008. Our rep- not compound the workforce problem in the resentatives outlined Ireland’s position in relation poorest countries. to battlegroup participation and international The Government has already developed some peacekeeping generally and gave a presentation measures for good recruitment practice. In 2001, on the capabilities which Ireland could make the Department of Health and Children available to a battlegroup. developed a document on Guidance for Best This offer is still being formally considered by Practice on the Recruitment of Overseas Nurses Sweden, which is the Framework Nation for the and Midwives. This includes recruitment from Nordic battlegroup, and its partners. However, I non-EU countries. understand from my colleague the Minister for On World Health Day this year, the 7th April, Defence, that the feedback from Sweden’s con- the Government joined with the EU Member sultations with its partners on the possibility of States in expressing its commitment to act in soli- Irish participation in the Nordic battlegroup was darity with those developing countries hardest hit positive and that discussions are intensifying at by shortages of nurses, doctors and other health official level with a view to an early and positive workers. The Government will work with other conclusion. Any decision on a specific contri- States to develop an EU Action Plan which will bution to the Nordic, or any other, battlegroup include the development and implementation of would be subject to formal Government an EU Code of Conduct for ethical recruitment approval. of health workers. Nuclear Disarmament Initiative. Question No. 138 answered with Question No. 72. 143. Ms Enright asked the Minister for Foreign Affairs the steps being taken to promote the Question No. 139 answered with Question updating of the nuclear non-proliferation treaty No. 113. at international level; and if he will make a statement on the matter. [19571/06] Question No. 140 answered with Question No. 76. Minister for Foreign Affairs (Mr. D. Ahern): Ireland has a particularly close association with Question No. 141 answered with Question the Treaty on the Non-Proliferation of Nuclear No. 117. Weapons (NPT), which came into existence following an initiative taken by the late Frank Aiken. His pioneering efforts were duly recog- Overseas Missions. nised when Ireland was invited in 1968 to be the 142. Mr. Allen asked the Minister for Foreign first country to sign the Treaty after it had been Affairs the position with regard to Irish partici- negotiated. Since then, support for the Treaty has pation in new EU battle group formations; the been our highest priority in the area of disarma- Irish commitment to be given to the Nordic battle ment and non-proliferation. group formation; and if he will make a statement At the Review Conference last May, there on the matter. [19561/06] were a number of specific proposals on actions that States Parties might take to meet the chal- Minister for Foreign Affairs (Mr. D. Ahern): lenges confronting the Treaty. Regrettably, the The ambition of the EU to be able to respond Conference ended without agreement on substan- quickly to emerging crises has, and continues to tive conclusions and recommendations on how to be, a key objective of the development of the strengthen the non-proliferation regime. European Security and Defence Policy (ESDP). The next scheduled Review Conference of the An important aspect of ESDP is the development NPT will not take place until 2010. It will be pre- of a standby military rapid response capacity, in ceded by a series of preparatory meetings begin- the form of Battlegroups. Almost all EU Member ning in 2007. Ireland will in the meantime con- States have already made a commitment to continue to work with like-minded countries in tribute to a specific battlegroup formation. Apart identifying areas where implementation of the from Ireland, the only countries which have not Treaty can be strengthened. I made clear, includ- done so are Denmark, which is in a special posi- ing in my address to the United Nations General tion due to its opt-out in this area, and Malta. Assembly last September, the Government’s Ireland has indicated to its EU partners a positive deep disappointment at this outcome. This was a disposition to taking part in battlegroups. missed opportunity for the international com- As I have previously reported to the House, a munity to tackle some key threats to global peace delegation consisting of representatives from the and security and to agree an effective collective Departments of Defence and Foreign Affairs and response. We are firmly of the view that the NPT the Defence Forces met with their Swedish is now more than ever of tremendous importance 601 Questions— 24 May 2006. Written Answers 602 to the achievement of international peace and (OCHA), as well as the International Committee security. Action to strengthen the Treaty, and of the Red Cross (ICRC). ensure full respect for all its provisions, remains These organisations all use, to varying degrees, essential and we will spare no effort in pursuit of stand-by arrangements within their own and this objective. other organisations to enable them to take on Ireland is committed to the full implementation extra staff capacity in the event of a sudden on- of the NPT and, in particular, believes that the 13 set humanitarian emergency. Ireland will seek to practical steps outlined in the Outcome Docu- complement these arrangements with the pro- ment of the 2000 NPT Review Conference set out vision of experts from our own roster. I am con- a clear road by which the objective of nuclear dis- scious that if the register is to be successful in armament can be achieved. In Geneva last the longer term, it will need to be carefully and March, the Permanent Representative of Ireland professionally managed. to the Conference on Disarmament reiterated the Our Rapid Response Register will comprise a Irish position with regard to the NPT and empha- range of experts of a profile typically required to sised the need for greater transparency on the meet surge requirements such as experts on logis- part of the Nuclear Weapons States in their tics and transport, ICT, refugee camp manage- respective nuclear disarmament processes. ment and engineering. They will have the flexi- Most recently, we have committed ourselves to bility to deploy quickly and the ability to work co-funding a seminar on NPT issues organised by in the complex and demanding environment of the United Nations Institute for Disarmament humanitarian crises with UN agencies and NGOs. Research (UNIDIR). The seminar is taking place The profile of such experts is being developed on in Geneva on 23-24 May and will examine such the basis of consultation with our key partner issues as compliance, nuclear disarmament agencies and NGOs. Proposals on the recom- measures and possible ways to strengthen the mended course of action with regard to the rapid Treaty. We also intend to participate in a dis- response register will be brought forward shortly. cussion of nuclear disarmament obligations, set As part of the initiative, my Department is also, out in Article VI of the Treaty, in a seminar obviously, in close contact with Non-Govern- organised by non-governmental organisations mental Organisations (NGOs) working in emerg- scheduled to take place in Canada next encies. I believe there is an important opportunity September. for this Rapid Response Initiative to enable an ever stronger collaboration between Government Rapid Response Initiative. and NGOs in providing a distinctly Irish response to emergencies that includes the full range of 144. Mr. Deasy asked the Minister for Foreign assistance required — funding, experts and Affairs the progress with regard to the establish- humanitarian supplies. ment of a voluntary humanitarian corps; and if he will make a statement on the matter. [19555/06] Question No. 145 answered with Question No. 75. Minister of State at the Department of Foreign Affairs (Mr. C. Lenihan): The Rapid Response Question No. 146 answered with Question Initiative is designed to strengthen Ireland’s oper- No. 64. ational response to humanitarian crises. In the context of the overwhelming public response to Question No. 147 answered with Question the Tsunami of December 2004, I believe that No. 60. Ireland can and should do more to help in responding operationally to sudden-onset Question No. 148 answered with Question emergencies. No. 63. The Rapid Response Initiative will have three main components: the pre-positioning and trans- Question No. 149 answered with Question portation of humanitarian supplies to disaster No. 109. areas; the availability of a roster of highly skilled and experienced individuals for deployment at Question No. 150 answered with Question short notice; and enhancing our support for inter- No. 60. national humanitarian response agencies and mechanisms. Greenhouse Gas Emissions. With particular reference to the rapid response register, discussions in this regard have taken 151. Mr. Cuffe asked the Minister for Foreign place over the last number of weeks with a Affairs if he has raised the question of the Kyoto number of United Nations agencies, including Protocol and global warming in discussions with United Nations Volunteers (UNV), the World his counterparts from other countries; when and Food Programme, the UN Joint Logistics Centre the context in which he raised these issues; his (UNJLC), the Office of the UN High Com- views on whether this is the biggest challenge fac- missioner for Refugees (UNHCR) and the Office ing humanity; and if he will make a statement on for the Coordination of Humanitarian Affairs the matter. [19741/06] 603 Questions— 24 May 2006. Written Answers 604

Minister of State at the Department of Foreign Developed Countries on planning for climate Affairs (Mr. C. Lenihan): The United Nations change. Framework Convention on Climate Change (UNFCCC) and its Kyoto Protocol fall under the Official Engagements. remit of my colleague Dick Roche T.D., Minister 152. Mr. Coveney asked the Minister for for the Environment and Local Government. Foreign Affairs if he will report on his recent visit However, I am happy to make a statement on the to Japan; and if he will make a statement on the issue from the perspective of our development matter. [19543/06] co-operation programme and the potential impact of climate change on developing Minister for Foreign Affairs (Mr. D. Ahern): countries. Accompanied by an official delegation, I made a I believe that climate change is probably the working visit to Japan on 9 and 10 May. The key greatest environmental challenge facing humanity objectives for the visit were to take forward the in the coming years. The Intergovernmental Ireland-Japan bilateral agenda, including on pol- Panel on Climate Change’s Fourth Assessment itical, economic and regulatory issues and to pro- Report is due out next year, and we must await mote business links between the two countries. its findings to obtain the most up-to-date assess- The visit also afforded a valuable opportunity for ment of the risks posed by climate change. an exchange of views on the range of current Reducing greenhouse gas emissions is primarily international issues of interest to both countries. the responsibility of developed countries. The The central element of the visit was my meet- challenge for developing countries is to adapt to ing and working dinner with Foreign Minister these inevitable changes in climate. They will Aso. Minister Aso was accompanied by Junior impact on human health, nutrition and food Minister Yamanaka, who has responsibility for security as well as physical infrastructure. Poor Europe. Our talks covered a wide range of issues, countries and especially their poorest people, are including political and economic relations, East most vulnerable to its effects. In this regard, sub- Asian Regional issues, UN and current inter- Saharan Africa is likely to suffer significantly. national issues. Next year will mark the 50th anni- The Least Developed Country Fund of the versary of the establishment of diplomatic UNFCCC, to which Ireland was one of the first relations between Ireland and Japan, and we contributors, has financed the preparation of agreed that both sides should work on proposals National Adaptation Programmes of Action in to mark this important occasion. Least Developed Countries, and the process of During our talks I briefed Minister Aso on their preparation has increased awareness of recent developments in the Irish economy and climate change amongst key officials. the prospects for further developing the growing Our approach to the challenge of climate business links between Ireland and Japan. We change in developing countries will be outlined in both welcomed the progress being made towards the forthcoming White Paper on Development finalisation of a bilateral Working Holiday Visa Co-operation. Our strategy will be to assist Programme, which will boost two-way youth developing countries to prepare for, and adapt to, exchange, and the re-introduction of the Intra- changing environmental conditions and to pro- company transfer scheme to help facilitate mote knowledge about the impact of climate Japanese business transfers. I raised the issue of change and its integration into all development market access to Japan for Irish beef and oysters. planning. On regional and international issues, we discussed Japan’s relations with China, the Six-Party At present, Ireland supports the UN Climate Talks process in the Korean peninsula, the Iran Change Capacity Development Programme, Nuclear issue, the proposed US-India Agreement which builds the capacity of decision-makers in on civilian nuclear technology and the situation developing countries to plan for climate change. in Burma/Myanmar. We also discussed UN Other examples of climate change actions we issues. The opportunity to hear at first hand the support, in collaboration with the Department of Japanese viewpoint on current issues and chal- the Environment and Local Government include: lenges was most useful. \ 1.7 million each year starting in 2005 for the I also addressed the Japan Ireland Economic Least Developed Countries Fund, used to address Association, where I met over 100 prominent the most urgent adaptation issues highlighted in business people and highlighted Ireland as a place National Adaptation Plans of Action; \500,000 a to do business and the promotion of Irish Foreign year from 2005 which we contribute to the Special Direct Investment into Japan. I availed of this Climate Change Fund to support adaptation occasion to make a presentation on behalf of the activities in developing countries and to facilitate Taoiseach to Mr. Toshiro Shimoyama, former transfer of environmentally sound technologies; Chairman of Olympus Corporation, for his per- support for the participation of developing coun- sonal contribution to Japan-Ireland relations and try representatives in the climate change nego- for the investment in Ireland by Olympus, which tiations and support for the Least Developed has operated a life sciences facility in County Countries Expert Group, which advises Least Clare since 1982. A most useful meeting during 605 Questions— 24 May 2006. Written Answers 606 my visit was with 13 members of the Japanese dict of the Congolese people, when delivered on Diet, including former Justice Minister Ms Mori- 30 July, and work together subsequently to yama, who is the founder of the Japan-Ireland further national reconciliation and build a more Parliamentary Friendship League. stable and prosperous country. Greater progress in both disarming any remaining unlawful militias Question No. 153 answered with Question in eastern DRC and the building of properly inte- No. 119. grated national army and police forces will, in particular, continue to be major priorities for the Question No. 154 answered with Question newly elected President and Government. No. 111. The international community, including Ireland and its EU partners, is investing heavily Question No. 155 answered with Question in ensuring that the forthcoming elections are No. 75. successful, given the major organisational challenge that they represent for a country the size of Question No. 156 answered with Question western Europe with extremely poor basic infra- No. 85. structure and ongoing security problems. The EU and its Member States are contributing some Question No. 157 answered with Question \235 million towards the overall cost of the elec- No. 73. tions, which are estimated at well over $300 million. Ireland is allocating some \1.3 million in Question No. 158 answered with Question funding support for the electoral process, includ- No. 107. ing \800,000 to support the role of the South African Independent Electoral Commission in Democratisation Process. the organisation of the elections. The European Commission has also decided in principle to 159. Ms Shortall asked the Minister for Foreign deploy a 250-strong electoral observation mis- Affairs if he will make a statement on the signifi- sion, provided security conditions permit. The cance of the boycotting by the main opposition EU is also deploying, at UN request, the EUFOR parties of the elections in the Democratic RDC mission to provide support, if required, to Republic of Congo on the grounds of lack of pro- the UN MONUC peace-keeping mission during gress in relation to demilitarisation and the the electoral period. The Government has requirements of adequate voter registration pro- decided to provide up to ten Permanent Defence cedures. [19703/06] Force personnel to serve with the EUFOR mission, in addition to the three Irish military per- Minister for Foreign Affairs (Mr. D. Ahern): sonnel already serving with MONUC. Presidential and parliamentary elections are now scheduled to take place in the Democratic Republic of the Congo (DRC) on 30 July 2006. Nuclear Plants. These will be the first multi-party elections in the 160. Ms O’Sullivan asked the Minister for DRC since it gained independence in 1960. A Foreign Affairs his views on recent media reports total of 33 candidates will contest the presidency, that Prime Minister Blair has endorsed a new while some 260 political parties and over 9,300 generation of nuclear power plants in the United candidates will compete for the 500 legislative Kingdom; if he and his Department have seats in the new parliament. Over 25 million expressed their reaction and concern to the Brit- people out of an estimated potential electorate of ish Government; if the possible locations of new 28 million have registered to vote. power plants has been divulged; and if he will Successfully conducted elections are absolutely make a statement on the matter. [19728/06] critical to the consolidation of peace and security in the DRC and in the Great Lakes region as a Minister for Foreign Affairs (Mr. D. Ahern): whole. The General Affairs and External As the House will be aware, the Government are Relations Council, at its meeting in Brussels on strongly opposed to nuclear power. We consider 15 May 2006, welcomed the decision to proceed that the industry carries serious environmental, with the elections on 30 July and reiterated the health and safety risks. Our position is informed importance of as inclusive an electoral process as by our experience of Sellafield, where there is a possible, as the best guarantee of future political long history of low safety standards. stability. The Council also made clear that, in its The proposal for a new generation of nuclear estimation, the conditions have now been created power plants in the United Kingdom is being con- to enable all those who wish to participate fully sidered in the context of the British Govern- in the election to do so. ment’s energy review, which is expected to be In this light, it is disappointing that the Union published in mid-year. We are aware also of Pour la De´mocratie et le Progre`s Social (UDPS) Prime Minister Blair’s recent comments on the and its leader, Etienne Tshisekedi, have decided matter. My colleague the Minister for the Envir- not to participate in the elections. It is essential onment, Heritage and Local Government, Dick that all parties in the DRC should respect the ver- Roche, T.D. has made a contribution to the UK 607 Questions— 24 May 2006. Written Answers 608

[Mr. D. Ahern.] military groups will continue to be tackled energy review in which the strong concerns of the robustly and without hesitation in this jurisdiction Government were outlined clearly. by An Garda Sı´ocha´na and the Criminal Assets While no decision has been made as to where Bureau. any new nuclear power plants might be built, I addressed this matter at a recent meeting with the 164. Mr. Howlin asked the Minister for Foreign Secretary of State for Northern Ireland, Mr. Peter Affairs his views on the most recent report of the Hain. I reiterated our opposition to nuclear Independent Monitoring Commission; his further power, and I stressed that the Irish Government views on the fact that while IRA paramilitary would be completely opposed to the building of activity has decreased in recent months, loyalist any nuclear plants on the island of Ireland. The paramilitaries are still engaged in serious crime Northern Secretary acknowledged that there was and murder; the latest efforts the Government no support, North or South, for the siting of a has made to address loyalist paramilitarism; and nuclear reactor on the island of Ireland. if he will make a statement on the matter. Both Minister Roche and I will be attending [19726/06] a summit meeting of the British Irish Council in London on 2 June. While the main topic of the Minister for Foreign Affairs (Mr. D. Ahern): I summit will be Climate Change, we also intend to welcome the findings of the Independent Moni- raise the issue of cooperation on nuclear safety toring Commission in its 10th Report that there and emergency planning. has been a continuing downward trend in the Question No. 161 answered with Question level of paramilitary violence, as well as its posi- No. 85. tive overall assessment in relation to the Pro- visional IRA. Particularly welcome is the confir- Question No. 162 answered with Question mation that there has been a complete absence of No. 66. terrorist or violent activity on the part of the IRA in this period, with the IMC not aware of any Northern Ireland Issues. “terrorist, paramilitary or violent activity sanctioned by the leadership”. It also reiterates its 163. Mr. Gilmore asked the Minister for “absolutely clear view” that the IRA leadership Foreign Affairs further to his interview in a news- has committed itself to following a peaceful path paper (details supplied) 9 May 2006 if he will clar- and that “the IRA leadership continues to work ify his views on IRA criminality; and if he will to ensure full compliance” with its statement of make a statement on the matter. [19723/06] July 25th. While overall levels of violence were the lowest for any six month period since the Minister for Foreign Affairs (Mr. D. Ahern): IMC began its monitoring, the violent activities My position on the IRA is widely-known and of the loyalist paramilitary groups and dissident consistent. The IRA campaign caused needless republican groups continue to cause real concern. death, helped to perpetuate partition and sever- With regard to overall levels of violence, loyalists ely damaged the economies of northern and were responsible for 95% of the casualties of border counties of our island. It was conducted shootings and 76% of the assaults. Most cases of against the will of the Irish people. exiling were also carried out by loyalist para- In the interview to which the Deputy refers, I militaries. The two Governments have been abso- made clear that the available security advice indi- lutely clear on the need for loyalist paramilitary cated that the IRA was no longer a security groups to move away definitively from violence threat to the State and that it was committed to and criminality and to engage with the Indepen- the political path. This concurs with the latest dent International Commission on Decom- report of the Independent Monitoring Com- mission in which it reiterated “its absolutely clear missioning with a view to putting arms beyond view” that the IRA leadership had committed use. itself to following a peaceful path. It confirmed At the last meeting of the British Irish Inter- that “the IRA leadership continues to work to governmental Conference on 2 May, we again ensure full compliance” with its statement of 25 called on all those with influence in this regard to July 2005. The report also indicated that there use it to this end. At that meeting, we also dis- had been a complete absence of terrorist or viol- cussed the need to support those representatives ent activity on the part of the IRA in the period of the loyalist community who were genuinely under review. Although there were indications committed to positive transformation and leaving that some IRA members might still be involved paramilitarism behind. We agreed that the in crime, the IMC drew a clear distinction Governments had a duty to reach out to all between individuals and the organisation itself. deprived communities in Northern Ireland. In The IMC reported its view that the IRA leader- this regard, I welcomed the recent package of ship “continues to seek to stop criminal activity measures announced by the British Government by their members and to prevent them from to address social and economic deprivation affect- engaging in it”. Criminality by members of para- ing loyalist communities, while also stressing that 609 Questions— 24 May 2006. Written Answers 610 the allocation of resources should continue to be ity Council in Kosovo (213), Bosnia and made on the basis of objective need. Herzegovina (60) and Afghanistan (7). As indicated by the Minister for Defence in a Question No. 165 answered with Question speech on 4 May, the UN Secretary-General has No. 62. written to the Taoiseach requesting that Ireland consider postponing the withdrawal of its troops Question No. 166 answered with Question from the UN Mission in Liberia (UNMIL) for a No. 83. period of at least six months beyond the planned withdrawal date of November 2006, because of Question No. 167 answered with Question the importance of the Quick Reaction Force No. 109. (QRF) of which our troops form the chief component, and of the difficulty of finding a suitable Overseas Missions. replacement. 168. Mr. Timmins asked the Minister for The request from Secretary-General Annan Foreign Affairs if he has received a request for received the most serious consideration and I can Irish troops to participate in a UN mission to confirm that the Taoiseach has replied indicating Darfur in the Sudan; and if he will make a state- that the Government will give positive consider- ment on the matter. [19447/06] ation to extending the presence of our troops in Liberia to May 2007. In his reply, the Taoiseach Minister for Foreign Affairs (Mr. D. Ahern): also assured the Secretary-General that Ireland As the Deputy may be aware, on 16 May the UN remains committed to Peace Support Operations Security Council adopted resolution 1679, which under a UN flag, including in Africa. paves the way for a UN force in Darfur and for the transition of the present UN-authorised Foreign Conflicts. African Union Mission in Sudan (AMIS) to UN command. Three Irish military officers are cur- 169. Ms B. Moynihan-Cronin asked the Mini- rently serving with the EU support team to ster for Foreign Affairs the position in relation to AMIS. the recognition of the independence of the The UN Secretary-General has stated that he Sahara-Arab Democratic Republic as envisaged intends to dispatch, as quickly as possible, a joint by UN Resolutions in 1974 and subsequent years; UN/AU Technical Assessment Team to Darfur, if the Government has changed its position; and and is in consultation with the Government of if he will make a statement on the matter. National Unity of Sudan towards that end. While [19708/06] the UN Department of Peacekeeping Operations cannot finalise its plans until the Technical Minister for Foreign Affairs (Mr. D. Ahern): Assessment Team reports back, it has been The Government has consistently supported the engaged for some time in planning and identi- right of the Saharawi people to self-determi- fying the military capabilities that may be nation. Ireland played a prominent role in seek- required, and has commenced consultations with ing a solution to the Western Sahara issue during member states, including Ireland, to accelerate its term on the UN Security Council, and remains the sourcing of these capabilities. A request for closely engaged with the issue. There has been Irish participation has not yet, however, been no change in the position of the Government as received. regards recognition. Successive Governments If a request were received from the UN, it have taken the view that a Saharan state that would be considered in the first instance by my meets the internationally recognised criteria for colleague the Minister for Defence, who would recognition has not yet come into being. The make a recommendation to the Government, tak- question of recognition by Ireland does not there- ing account, inter alia, of the numbers of Perma- fore arise. In addition, any announcement of nent Defence Force personnel available for over- recognition in these circumstances would pre- seas service at that time. There are currently 765 judge the outcome of an exercise of self-determi- troops serving overseas, of which 733 are serving nation. It could undermine the UN efforts to in UN-led or UN-authorised missions, out of a bring about a solution, which the Government total of 850 maintained under the UN Standby strongly supports. Arrangements System (UNSAS). The remainder are serving in representational and staff posts, Community Development. and in monitoring missions. Members of the Permanent Defence Force are 170. Mr. O’Shea asked the Taoiseach the currently serving overseas in seven UN missions, additional funding spent in the targeted areas of in Liberia (current total 422), Coˆ te d’Ivoire, disadvantage in the State under the RAPID prog- Western Sahara, the Democratic Republic of the ramme on projects not outlined in the National Congo, Lebanon, and the Middle East, as well as Development Plan by his Department; and if he in multi-national forces authorized by the Secur- will make a statement on the matter. [19914/06] 611 Questions— 24 May 2006. Written Answers 612

The Taoiseach: My Department does not fund in Dublin 2; her plans to address the issue at an any projects under the RAPID programme. early date; and if she will make a statement on the matter. [20027/06] Health Services. 189. Ms Harkin asked the Tańaiste and Mini- 171. Mr. O’Shea asked the Tańaiste and Mini- ster for Health and Children when the proposed ster for Health and Children her proposals in Insurance Bill for persons infected with HIV or regard to a public private partnership for the pro- hepatitis C through provision of contaminated vision of radiotherapy services on the grounds of blood or blood products by the State will be Waterford Regional Hospital (details supplied); enacted. [20036/06] and if she will make a statement on the matter. [19775/06] 191. Dr. Twomey asked the Tańaiste and Mini- ster for Health and Children when the legislation Tanaiste and Minister for Health and Children ´ for the insurance scheme for persons infected (Ms Harney): The Government’s plan is for a with hepatitis C or HIV through provision of con- national network of radiation oncology services taminated blood or blood products by the State to be put in place by 2011. The network will con- will be published; and if she will make a state- sist of four large centres in Dublin, Cork and ment on the matter. [20041/06] Galway and two integrated satellite centres at Waterford Regional Hospital and Limerick Tańaiste and Minister for Health and Children Regional Hospital, conditional on their conform- (Ms Harney): I propose to take Questions Nos. ity to certain quality assurance arrangements. 172, 173, 181, 187, 189 and 191 together. The Health Service Executive in association I wish to assure the Deputies that I am commit- with the National Development Finance Agency ted to ensuring that an insurance scheme for per- and my Department is currently developing the sons infected with Hepatitis C and HIV through output specifications for the delivery of this net- the administration of blood and blood products work through a public private partnership. My within the State is established on a statutory basis Department has requested the Parliamentary as soon as possible. The legislation is included as Affairs Division of the Executive to advise the a priority in the Government’s Legislative Prog- Deputy in relation to progress on the provision ramme for the current session and it is my firm of radiotherapy at Waterford Regional Hospital. intention that the enabling legislation will be enacted before the summer recess. Proposed Legislation. The process of drafting the legislation, which is 172. Mr. Wall asked the Tańaiste and Minister both complex and innovative, is almost complete. for Health and Children her views on correspon- As soon as I receive the final agreed text from dence (details supplied); the action or meetings my legal advisors I will submit it to the Govern- her Department has had or proposes to have in ment for approval and will publish it as soon as regard to addressing the matter; the number of Government approval is received. meetings she or her officials have had with the My officials have worked closely on the pro- group; and if she will make a statement on the visions of the insurance scheme with the groups matter. [20058/06] representing persons infected with Hepatitis C & HIV, and I have also met the groups on this and 173. Mr. Wall asked the Tańaiste and Minister other matters. In relation to the enquiries from for Health and Children her views in regard to the Deputies regarding further meetings, I will set correspondence (details supplied); the action or a date to meet the representative groups as soon meetings her Department has had or proposes in as I have the final text of the legislation. regard to addressing the matter; the meetings with the group that she or her officials have had; Youth Services. the action or proposed action of such meetings; 174. Mr. Crowe asked the Tańaiste and Mini- and if she will make a statement on the ster for Health and Children if her attention has matter. [20059/06] been drawn to the fact that the future of six community based youth projects in Donegal compris- 181. Mr. Wall asked the Tańaiste and Minister ing of approximately 4,000 young people and up for Health and Children her views on correspon- to 1,000 adult volunteers, is at serious risk due to dence (details attached); the action she is taking the lack of mainstream funding; and the time- to address the matter; the meetings she or her frame for the roll-out of the Youth Act 2001 in Department have had with the group; the results Donegal and the other Border counties. of such meetings; and if she will make a statement [19778/06] on the matter. [19935/06] Minister of State at the Department of Health 187. Mr. Durkan asked the Tańaiste and Mini- and Children (Mr. B. Lenihan): The Youth Act ster for Health and Children if she has received 2001 is a matter for my colleague, the Minister for correspondence from a group (details supplied) Education and Science. Clarification was sought 613 Questions— 24 May 2006. Written Answers 614 from the Deputy’s office and I understand that Minister of State at the Department of Health the various projects referred to in the question and Children (Mr. T. O’Malley): The Central have been in receipt of funding from a number of Mental Hospital (CMH), Dundrum, Co Dublin different organisations/bodies including the provides a forensic service for the entire country. Health Service Executive. As such my Depart- The CMH, as national forensic psychiatric ment has requested the Parliamentary Affairs hospital, admits patients from the criminal justice Division of the Executive to arrange to have this system (mainly from prisons) and from the matter investigated and to have a reply issued psychiatric services under the provisions of the directly to the Deputy in respect of the funding Mental Treatment Act, 1945. In addition to in- supplied by the HSE. patient care, the hospital provides a consultative assessment service for hospitals throughout the National Treatment Purchase Fund. country and for the criminal justice system. The service is funded and administered by the Health 175. Mr. Ferris asked the Tańaiste and Minister Service Executive. for Health and Children when a person (details The CMH admits approximately 80 involuntary supplied) in County Kerry who is currently patients per year, the majority from the prison awaiting an appointment for treatment under the system. This constitutes 0.7 per cent of all com- treatment abroad scheme can expect a response mittals to prison (11,620 per annum). In addition from the Health Service Executive. [19779/06] to in-patient services based at the CMH, consultant-led liaison services and outpatient clinics are Tanaiste and Minister for Health and Children ´ provided on a regular basis to prisons in Dublin (Ms Harney): The Deputy’s question relates to and the midlands. the management and delivery of health and per- Additional forensic psychiatric posts were sonal social services, which are the responsibility approved for the CMH in recent years with a of the Health Service Executive under the Health view to providing in-reach services within the Act 2004. Accordingly, my Department has prisons so that only those with severe mental ill- requested the Parliamentary Affairs Division of ness and in need of appropriate hospital care the Executive to arrange to have this matter would be transferred to the CMH. The number investigated and to have a reply issued directly to of Consultant Forensic Psychiatric posts in the the Deputy. CMH has increased from 2 to 5 since 2002. The provision of in-reach services to the Services for People with Disabilities. prisons by the CMH has facilitated patient access 176. Mr. Aylward asked the Tańaiste and Mini- to services at local level for those in prison cus- ster for Health and Children if her attention has tody. These services now employ 20 staff to been drawn to the long delay in having children provide this service (5 x Social Workers, 7 x who have been diagnosed with autism spectrum Occupational Therapists, 3 x Psychologists and 5 disorder assessed by the autism team in the south x Forensic Community Psychiatric Nurses). eastern Health Service Executive area where the The HSE works in collaboration with the services are inadequate for people with the dis- prison authorities in Cork where a consultant for- order; and if she will make a statement on the ensic psychiatrist is available to prisoners and in matter. [19780/06] July of this year a new consultant psychiatrist will be appointed with dedicated sessions to meet the Minister of State at the Department of Health mental health needs of prisoners at Limerick. and Children (Mr. T. O’Malley): The Deputy’s For prisoners in Mountjoy, Cloverhill and question relates to the management and delivery Wheatfield prisons who have a history of addic- of health and personal social services, which are tion, the HSE also makes available the specialist the responsibility of the Health Service Executive services of consultant psychiatrists with a special under the Health Act 2004. Accordingly, my interest in substance misuse. Department has requested the Parliamentary Affairs Division of the Executive to arrange to Consultancy Contracts. have this matter investigated and to have a reply issued directly to the Deputy. 178. Mr. Naughten asked the Tańaiste and Minister for Health and Children if she will furnish a reply to Parliamentary Question No. 389 Mental Health Services. of 25 January 2006; the reason for the delay; and 177. Dr. Cowley asked the Tańaiste and Mini- if she will make a statement on the matter. ster for Health and Children if her attention has [19793/06] been drawn to the fact that there is a great need for the provision of psychiatrists and psychol- Tańaiste and Minister for Health and Children ogists in prisons here due to the high number of (Ms Harney): The information, requested in young males currently in prisons here and the fact Question 389 of 25 January 2006, relates to a that when they are released there has been no range of service areas over an extended period. rehabilitation carried out; and if she will make a My Department is finalising the collation of the statement on the matter. [19781/06] information requested by the Deputy with a view 615 Questions— 24 May 2006. Written Answers 616

[Ms Harney.] of the Health Service Executive under the Health to furnishing a reply to the Deputy as soon as Act 2004. Accordingly, my Department has possible. requested the Parliamentary Affairs Division of the Executive to arrange to have this matter National Development Plan. investigated and to have a reply issued directly to the Deputy. 179. Mr. O’Shea asked the Tańaiste and Mini- ster for Health and Children the additional fund- Health Services. ing spent in the targeted areas of disadvantage in the State under the RAPID programme on pro- 183. Mr. McGuinness asked the Tańaiste and jects not outlined in the National Development Minister for Health and Children if she will Plan by her Department; and if she will make a increase the level of funding being made available statement on the matter. [19915/06] to a service (details supplied) in County Kilkenny in view of the financial pressure the service is now Tańaiste and Minister for Health and Children under; the amount of funding allocated to the (Ms Harney): The Deputy’s question relates to project over the past four years; and if she will the management and delivery of health and per- make a statement on the matter. [19937/06] sonal social services, which are the responsibility of the Health Service Executive under the Health Minister of State at the Department of Health Act 2004. Accordingly, my Department has and Children (Mr. S. Power): The Deputy’s ques- requested the Parliamentary Affairs Division of tion relates to the management and delivery of the Executive to arrange to have this matter health and personal social services, which are the investigated and to have a reply issued directly to responsibility of the Health Service Executive the Deputy. under the Health Act 2004. Accordingly, the Department has requested the Parliamentary Health Service Reform. Affairs Division of the Executive to arrange to have this matter investigated and to have a reply 180. Mr. Wall asked the Tańaiste and Minister issued directly to the Deputy. for Health and Children the number of redundancies that occurred within the Health Service Hospital Services. Executive system as a result of the changes from the health board system to the Health Service 184. Mr. McGuinness asked the Tańaiste and Executive; the cost to her Department or Minister for Health and Children the reason for Exchequer as a result of the redundancies; the the delay in arranging an appointment with the positions held within the health board by those ENT team at Waterford Regional Hospital in the made redundant; and if she will make a statement name of a person (details supplied) in County on the matter. [19934/06] Kilkenny; and if she will expedite a response. [19938/06] Tańaiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to Tańaiste and Minister for Health and Children human resource management issues within the (Ms Harney): The Deputy’s question relates to Health Service Executive. As these are matters the management and delivery of health and per- for the Executive under the Health Act 2004, my sonal social services, which are the responsibility Department has requested the Parliamentary of the Health Service Executive under the Health Affairs Division of the Executive to arrange to Act 2004. Accordingly, my Department has have them investigated and to have a reply issued requested the Parliamentary Affairs Division of directly to the Deputy. the Executive to arrange to have this matter investigated and to have a reply issued directly to Question No. 181 answered with Question the Deputy. No. 172. Health Services. National Treatment Purchase Fund. 185. Mr. McGuinness asked the Tańaiste and 182. Mr. Wall asked the Tańaiste and Minister Minister for Health and Children the progress to for Health and Children when a person (details date in providing an extension to a health centre supplied) in County Carlow will receive an (details supplied) in County Kilkenny; if the land appointment for an operation under the national is available; if planning permission has been treatment purchase scheme or in a public sector granted; if the funds are available; and if she will hospital; and if she will make a statement on the make a statement on the matter. [19996/06] matter. [19936/06] Tańaiste and Minister for Health and Children Tańaiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to (Ms Harney): The Deputy’s question relates to the management and delivery of health and per- the management and delivery of health and personal social services, which are the responsibility sonal social services, which are the responsibility of the Health Service Executive under the Health 617 Questions— 24 May 2006. Written Answers 618

Act 2004. This includes responsibility for con- Any future scheme relating to long term care sidering new capital proposals or progressing should be as straightforward as possible and those in the health capital programme. avoid unnecessary complexities. Accordingly, my Department is requesting the Parliamentary Affairs Division of the Executive Question No. 189 answered with Question to arrange to have this matter investigated and to No. 172. have a reply issued directly to the Deputy. Health Service Allowances. 186. Dr. Cowley asked the Tańaiste and Mini- 190. Mr. P. Breen asked the Tańaiste and Mini- ster for Health and Children if her attention has ster for Health and Children the reason a person been drawn to the fact that there is a waiting list (details supplied) in County Clare was refused of four months for an eye test in County Mayo; the disabled persons grant; and if she will make a the reason for same; and if she will make a state- statement on the matter. [20040/06] ment on the matter. [19997/06] Tańaiste and Minister for Health and Children Tańaiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to (Ms Harney): The Deputy’s question relates to the management and delivery of health and per- the management and delivery of health and personal social services, which are the responsibility sonal social services, which are the responsibility of the Health Service Executive under the Health of the Health Service Executive under the Health Act 2004. Accordingly, my Department has Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of requested the Parliamentary Affairs Division of the Executive to arrange to have this matter the Executive to arrange to have this matter investigated and to have a reply issued directly to investigated and to have a reply issued directly to the Deputy. the Deputy. Question No. 191 answered with Question Question No. 187 answered with Question No. 172. No. 172. Anti-Poverty Strategy. Nursing Home Subventions. 192. Mr. F. McGrath asked the Tańaiste and 188. Mr. O’Shea asked the Tańaiste and Mini- Minister for Health and Children if her attention ster for Health and Children her proposals to has been drawn to the fact that for all the major streamline and make more patient-friendly the fatal diseases, the incidence of premature death procedures surrounding private nursing home among the lower socio-economic groups was far subventions and enhanced subventions; and if she higher than those of the higher-economic groups; will make a statement on the matter. [20035/06] and the action she will take in relation to the national health policy. [20044/06] Tańaiste and Minister for Health and Children (Ms Harney): The Nursing Home (Subvention) Tańaiste and Minister for Health and Children Regulations 1993 are administered by the Health (Ms Harney): The Deputy will be aware that the Service Executive. There are currently three rates National Health Strategy ’Quality and Fairness: of subvention payable, i.e. \114.30, \152.40 and A Health System for You’ and various reports of \190.50 for the three levels of dependency which the Chief Medical Officer, have underlined the are medium, high and maximum. There are no links between poverty and ill health, which exist plans to increase the subvention rates at present. both in an Irish context and internationally. Additional funding of \20 million was provided The National Anti-Poverty Strategy (NAPS) for the administration of the Nursing Home Sub- encompasses key elements of the Government’s vention Scheme in 2006, bringing the total avail- response to the problems of poverty and social able budget to \161 million. The \20 million is to exclusion. The Government’s 2002 Review of the support more basic nursing home subventions NAPS Building an Inclusive Society included for and reduce waiting lists for enhanced subven- the first time targets to reduce health inequalities. tions: it is also to bring more consistency to sub- These targets are being addressed through a ventions support throughout the country. The range of policy measures and actions set out in recently published Health (Nursing Homes) the National Health Strategy and associated stra- (Amendment) Bill 2006 is designed to ensure that tegies. Because of the wide range of factors, com- the existing subvention scheme for private nurs- monly referred to as the social determinants of ing home care is grounded in primary legislation health, which affect health status and health and to help the HSE to implement the scheme inequalities, the National Health Strategy recog- on a standardised basis across the country. The nises the need for a greater focus on multi-sec- Report of the Long-Term Care Working Group toral work and co-ordinated work across Govern- discussed issues relating to the future policy ment Departments. direction of long term care for older people and it The National Action Plan against Poverty and is presently being considered by the Government. Social Exclusion for 2003-2005 and an Implemen- 619 Questions— 24 May 2006. Written Answers 620

[Ms Harney.] mild cases go unreported, reliable data on its fre- tation and Update Report on the Plan published quency are not available. in June 2005 by the Office for Social Inclusion My Department has requested the Parliamen- in the Department of Social and Family Affairs, tary Affairs Division of the Health Service outline some of the policy measures and actions Executive to arrange to have the particular issues being taken across government departments, raised by the Deputy examined, and to have a including the Department of Health and Chil- reply issued directly to him. dren, to improve the position of lower socio economic groups and others at risk of social exclusion. 195. Mr. Ardagh asked the Tańaiste and Mini- The Department is currently working closely with ster for Health and Children if there is progress the Office for Social Inclusion in the development on the provision of occupational therapy services of the National Action Plan against Poverty and to a person (details supplied) in Dublin 8 follow- Social Exclusion 2006-2008. ing the matters outlined in correspondence As part of the restructuring of the Department attached. [20047/06] in the context of the health reform programme, a Social Inclusion Unit was established in October Tańaiste and Minister for Health and Children 2005 which has brought together aspects of the (Ms Harney): The Deputy’s question relates to Department’s co-ordination work on health the management and delivery of health and per- inequalities and its remit in relation to a number sonal social services, which are the responsibility of vulnerable groups. This is facilitating a focused of the Health Service Executive under the Health and co-ordinated approach to social inclusion and Act 2004. Accordingly, my Department has health inequality issues. requested the Parliamentary Affairs Division of the Executive to arrange to have this matter Medical Cards. investigated and to have a reply issued directly to the Deputy. 193. Mr. F. McGrath asked the Tańaiste and Minister for Health and Children if the spouse of a person (details supplied) will be included on Special Educational Needs. their medical card in November 2006; and if she 196. Mr. Howlin asked the Tańaiste and Mini- will give maximum support on this matter. ster for Health and Children the plans being put [20045/06] in place for young adults with autism in a school (details supplied) in County Wexford, who are Tańaiste and Minister for Health and Children now over 18 years of age, to continue with their (Ms Harney): The Deputy’s question relates to education; and if she will make a statement on the management and delivery of health and per- the matter. [20048/06] sonal social services, which are the responsibility of the Health Service Executive under the Health Tańaiste and Minister for Health and Children Act 2004. Accordingly, my Department has (Ms Harney): The Deputy’s question relates to requested the Parliamentary Affairs Division of the management and delivery of health and per- the Executive to arrange to have this matter sonal social services, which are the responsibility investigated and to have a reply issued directly to of the Health Service Executive under the Health the Deputy. Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of Health Services. the Executive to arrange to have this matter investigated and to have a reply issued directly to 194. Mr. J. O’Keeffe asked the Tańaiste and the Deputy. Minister for Health and Children the estimated number of cases here of women suffering from Accident and Emergency Services. osteitis pubis; the services available by way of support for such women; if there are consultants 197. Mr. Sherlock asked the Tańaiste and Mini- with a specialised knowledge of this condition; ster for Health and Children if the accident and and if there is anybody within her Department emergency services at Mallow General Hospital, or at Health Service Executive level available to Mallow, County Cork are among the 35 desig- advise women suffering from this condition on nated units within the health services. [20060/06] the support services available. [20046/06] Tańaiste and Minister for Health and Children Tańaiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to (Ms Harney): Osteitis Pubis is an inflammatory the management and delivery of health and per- condition often causing pain of the pubic bones sonal social services, which are the responsibility of the pelvis. There are a number of causes which of the Health Service Executive under the Health give rise to this condition, including sports related Act 2004. Accordingly, my Department has injury or overuse, pelvic trauma or surgery and requested the Parliamentary Affairs Division of other inflammatory joint conditions. In view of the Executive to have a reply issued directly to the varied causes of this condition, and that many the Deputy. 621 Questions— 24 May 2006. Written Answers 622

198. Mr. Sherlock asked the Tańaiste and Mini- missioners of Public Works that there are no ster for Health and Children the expenditure plans, at present, to sell the existing Garda incurred to date within the accident and emer- Station in Buncrana. gency department at Cork University Hospital, Currently, no “right of way” exists on the State Wilton, Cork; and the proposal for future expen- owned property at Buncrana Garda Station. The diture. [20061/06] Commissioners understand that a local arrangement was given, by the local Garda Sıóchańa, Tańaiste and Minister for Health and Children from time to time as a “gesture of goodwill” to (Ms Harney): The Deputy’s question relates to the local residents. the management and delivery of health and personal social services, which are the responsibility Environmental Policy. of the Health Service Executive under the Health Act 2004. Accordingly, my Department has 202. Mr. Kenny asked the Minister for Finance requested the Parliamentary Affairs Division of further to Parliamentary Question No. 235 of 16 the Executive to have a reply issued directly to May 2006 the range and nature of possible the Deputy. environmental impacts he refers to in the event of removing weeds from the lake in question; and Health Services. if he will make a statement on the matter. [19798/06] 199. Mr. Sherlock asked the Tańaiste and Mini- ster for Health and Children her views on Minister of State at the Department of Finance whether without a 24 hour acute medical, surgi- (Mr. Parlon): Since no work is currently planned cal, accident and emergency consultant cover at in the lake the environmental constraints if any Mallow General Hospital, some patients would that would affect the removal of weeds have not be up to two hours from acute trauma or medical been assessed. However, experience has shown care which is unacceptable by international stan- that removal of vegetation in the course of main- dards. [20062/06] tenance work is becoming increasingly environmentally sensitive and such work is only under- Tańaiste and Minister for Health and Children taken to the extent that is considered essential. (Ms Harney): The Deputy’s question relates to the management and delivery of health and per- Community Development. sonal social services, which are the responsibility of the Health Service Executive under the Health 203. Mr. O’Shea asked the Minister for Finance Act 2004. Accordingly, my Department has the additional funding spent in the targeted areas requested the Parliamentary Affairs Division of of disadvantage in the State under the RAPID the Executive to arrange to have this matter programme on projects not outlined in the investigated and to have a reply issued directly to national development plan by his Department; the Deputy. and if he will make a statement on the matter. [19916/06] Garda Stations. Minister for Finance (Mr. Cowen): As the 200. CaoimhghıńO´ Caolaín asked the Minister Deputy will appreciate, in view of my Depart- for Finance if a new site has been found for the ment’s functions, funding for RAPID is not pro- Garda station in Buncrana, County Donegal. vided through my Department’s Vote. [19783/06] National Development Plan. Minister of State at the Department of Finance (Mr. Parlon): A brief of requirements for the pro- 204. Ms Harkin asked the Minister for Finance posed new Garda Station in Buncrana was the profile, actual expenditure, and expenditure received from the Department of Justice, versus profile in the Border midlands western Equality and Law Reform on 29th March, 2006. region in the national development plan to date An Architectural Report is being prepared to in 2006. [20050/06] determine if the brief of requirements can be accommodated on a portion of the decentralis- 205. Ms Harkin asked the Minister for Finance ation site for the Department of Social and the amounts of extra expenditure above that Family Affairs. This report is virtually completed. committed in the national development plan spent in the Border midlands western region dur- 201. CaoimhghıńO´ Caolaín asked the Minister ing the lifetime of the current NDP. [20051/06] for Finance if he will ensure that the residents of lower Main Street, Buncrana, County Donegal Minister for Finance (Mr. Cowen): I propose will retain their right of way when the Garda to take Questions Nos. 204 and 205 together. station is sold. [19784/06] The most recent expenditure data on the National Development Plan relates to the period Minister of State at the Department of Finance to the end of December 2005. This data is set out (Mr. Parlon): I have been informed by the Com- in Tables 1 and 2. Data for first six months of 623 Questions— 24 May 2006. Written Answers 624

[Mr. Cowen.] Western, Southern and Eastern, Technical Assist- 2006 will be available at the Autumn 2006 meet- ance and the Peace Programme. ings of the Operational Programme Monitoring The profiles for spending under each Oper- Committees. ational Programme were set in 2000 when the The National Development Plan (NDP) pro- Programmes were being prepared and to ensure vides an indicative expenditure profile for each of consistency of reporting, have remained at that the seven Operational Programmes for the level. Border, Midland and Western (BMW) and Table 1 sets out the indicative total expenditure Southern and Eastern (S&E) Regions for each profiles and the estimated total expenditure year 2000 to 2006. These Operational Prog- incurred under each Operational Programme in rammes are: Economic and Social Infrastructure, the Border, Midland and Western (BMW) Employment and Human Resources Develop- Region for the period January 2000 to ment, Productive Sector, Border, Midlands and December 2005.

Table 1 — Total Profiled and Estimated Expenditure in BMW Region

January 2000 to end December 2005

Operational Programme Original Profile Estimated Expenditure versus Expenditure Profile

\m \m%

Economic and Social Infrastructure 5,863 5,435 92 Employment & Human Resources Development 3,653 3,449 94 Productive Sector 2,663 786 29 Border, Midlands & Western Regional 3,519 2,273 64 PEACE II & Technical Assistance 146 109 74

Total Expenditure 15,844 12,052 76

Profiles and Expenditure data includes all NDP projects usually have a long lead in time sources of funding; Exchequer, EU and Private. between inception and funding requests. I wish to point out that expenditure for the The nature and extent of Third Level infra- Productive Sector Operational Programme is structure in place in the BMW region. While lower, achieving 29% in the BMW region. There there is one University and a number of Institutes of Technology, the ability of the are a number of reasons for this including: region to carry out Research and Development projects is constrained. The slowdown in economic activity in the There were delays in getting State Aid clear- early years of the Programme meant that busi- ance resulting in the late start to funding nesses were not in a position to put forward some schemes. investment plans to avail of funding; The Exchequer profile and estimated Exchequer expenditure incurred under each operational The ability of industry in the BMW region to programme in the BMW Region for the period absorb funding for Research and Development January 2000 to December 2005 is set out in projects. Also, Research and Development Table 2.

Table 2 — Profiled and Estimated Exchequer Expenditure in BMW Region

January 2000 to end December 2005

Operational Programme Original Profile Estimated Expenditure versus Expenditure Profile

\m \m%

Economic and Social Infrastructure 4,054 4,570 113 Employment & Human Resources Development 3,654 3,495 96 Productive Sector 1,741 600 34 Border, Midlands & Western Regional 2,566 1,920 75 PEACE II & Technical Assistance 146 109 74

Total Expenditure 12,161 10,694 88 625 Questions— 24 May 2006. Written Answers 626

It can be seen by the data presented in Table 2 The most recent expenditure data on the that the Exchequer contribution to the BMW National Development Plan relates to the period Region under the Economic and Social Infra- to the end of December 2005. This data is set out structure Operational Programme (ESIOP) has in Tables 1 and 2. Data for the first six months of exceeded its original target by \516 million to the 2006 will be available at the Autumn 2006 meet- end of 2005. ings of the Operational Programme Monitoring However, a complete picture of extra expendi- Committees. ture in the region, over that committed in the life- The National Development Plan (NDP) pro- time of the NDP, will not be available until the vides an indicative expenditure profile for each of full year expenditure data for 2006 are analysed the seven Operational Programmes for the and reported at the Spring 2007 meetings of the Border, Midland and Western (BMW) and Operational Programme Monitoring Committees. Southern and Eastern (S&E) Regions for each year 2000 to 2006. These Operational Prog- rammes are: Economic and Social Infrastructure, 206. Ms Harkin asked the Minister for Finance Employment and Human Resources Develop- the profile, actual expenditure and expenditure ment, Productive Sector, Border, Midlands and versus profile in the southern and eastern region Western, Southern and Eastern, Technical Assist- in the national development plan to date in ance and the Peace Programme. 2006. [20052/06] The profiles for spending under each Oper- ational Programme were set in 2000 when the 207. Ms Harkin asked the Minister for Finance Programmes were being prepared and to ensure the amounts of extra expenditure above that consistency of reporting, have remained at that committed in the National Development Plan level. spent in the southern and eastern region during Table 1 sets out the indicative total expenditure the lifetime of the current NDP. [20053/06] profiles and the estimated total expenditure incurred under each Operational Programme in Minister for Finance (Mr. Cowen): I propose the Southern and Eastern (S&E) Region for the to take Questions Nos. 206 and 207 together. period January 2000 to December 2005.

Table 1 — Total Profiled and Estimated Expenditure in S&E Region

January 2000 to end December 2005

Operational Programme Original Profile Estimated Expenditure versus Expenditure Profile

\m \m% Economic and Social Infrastructure 16,078 18,266 113 Employment & Human Resources Development 8,568 8,755 102 Productive Sector 4,627 2,405 52 Southern and Eastern Regional 4,694 3,376 72 Technical Assistance 7 6 85

Total 33,967 32,808 96

Profiles and Expenditure data includes all NDP operational programme in the S&E Region for sources of funding; Exchequer, EU and Private. the period January 2000 to December 2005 is set The Exchequer profile and estimated out in Table 2. Exchequer expenditure incurred under each

Table 2 — Profiled and Estimated Exchequer Expenditure in S&E Region January 2000 to end December 2005

Operational Programme Original Profile Estimated Expenditure versus Expenditure Profile

\m \m% Economic and Social Infrastructure 10,639 14,434 135 Employment & Human Resources Development 8,568 8,490 99 Productive Sector 3,133 2,072 66 Southern and Eastern Regional 3,388 2,987 88 Technical Assistance 7 7 100

Total 25,735 27,990 108 627 Questions— 24 May 2006. Written Answers 628

[Mr. Cowen.] ment prioritisation of RAPID areas in the use of The data presented in Table 2 shows that the mainstream departmental resources and in the Exchequer contribution to the S&E Region allocation of funds such as Dormant Accounts. under the NDP has exceeded its original target In the former case, projects which are prioritised by \2.25 billion to the end of 2005. under the RAPID Programme and which are the However, a complete picture of extra expendi- subject of applications under NDP schemes ture in the region, over that committed in the life- administered by my Department would be eli- time of the NDP, will not be available until the gible for any funding for such schemes provided full year expenditure data for 2006 are analysed within my Department’s budget. and reported at the Spring 2007 meetings of the While to date no RAPID projects have been Operational Programme Monitoring Committees. funded under programmes administered by my Department or by its agencies a significant Alternative Energy Projects. amount of investment has taken place and/or is planned under communications infrastructure, 208. Mr. Naughten asked the Minister for seafood development, fishery harbour infrastruc- Communications, Marine and Natural Resources ture and coast protection programmes in RAPID the reason the renewable energy grants allocated designated areas. by his Department for home heating projects do Finally, the 2006 Estimate for my Department not cover wheat burning stoves; if he will expand provides an allocation of \1m, from the Dormant the remit of the scheme to allow grants for wheat Accounts Fund, for the purpose of supporting burners; and if he will make a statement on the programmes and projects tackling social and matter. [19773/06] economic disadvantage. This funding will be allocated by my Department under the Youth Disad- Minister for Communications, Marine and vantage Initiatives Measure in respect of IT Natural Resources (Mr. N. Dempsey): One of the initiatives for disadvantaged young people. My drivers of the Greener Homes scheme is to dem- Department is currently progressing the terms of onstrate to the consumer that wood fuels can be this scheme. considered as a realistic alternative to oil and gas in terms of convenience and comfort which has resulted in this focus on wood energy. The wood Fisheries Protection. heating technologies currently eligible under the 210. Mr. Stagg asked the Minister for scheme are those that burn wood pellets or wood Communications, Marine and Natural Resources chips and meet all relevant EU standards in the number of licences issued for the capture of relation to performance and emissions. salmon in Dublin Bay in 2005; the number of In the case of grain burning boilers and stoves recorded salmon killed in 2005 by these methods there are additional factors which would need to in the stated area; the number of salmon recorded be taken into consideration including types of as caught and tagged by anglers on the River Lif- specific air pollutants and levels of emission from fey in 2005; and if he will make a statement on individual crops. the matter. [19931/06]

Community Development. Minister of State at the Department of Communications, Marine and Natural Resources 209. Mr. O’Shea asked the Minister for (Mr. Browne): I would refer the Deputy to my Communications, Marine and Natural Resources answer to his question No. 231 of 22 February the additional funding spent in the targeted areas 2006. of disadvantage in the State under the RAPID programme on projects not outlined in the National Development Plan by his Department; Electricity Generation. and if he will make a statement on the matter. 211. Mr. Durkan asked the Minister for [19917/06] Communications, Marine and Natural Resources if he has received correspondence from a person Minister for Communications, Marine and (details supplied) in County Dublin; if he intends Natural Resources (Mr. N. Dempsey): The to respond to same; and if he will make a state- Deputy will be aware that small-scale proposals ment on the matter. [19985/06] from communities under the RAPID Programme are responded to through a range of dedicated Minister for Communications, Marine and RAPID funds, which resource projects such as Natural Resources (Mr. N. Dempsey): I can con- playground developments, small-scale housing firm to the Deputy that I have received the corre- estate enhancements, small-scale community spondence in question concerning East/West health initiatives, equality for women measures electricity interconnection. It is my policy to and traffic safety measures. My Department has respond to all correspondence as soon as pos- not had any involvement to date in such funding. sible. A key provision of the Energy Larger scale local proposals under the RAPID (Miscellaneous Provisions) Bill proposes to Programme are responded to through Govern- remove a legislative constraint to facilitate regu- 629 Questions— 24 May 2006. Written Answers 630 lated electricity interconnection not owned by and is a matter for individual decision by the Electricity Supply Board. Such an intercon- countries themselves. At an EU-wide level, the nection would not be part of the transmission development of the EU Energy Green Paper is system other than for the purpose of charges for very much focussed on security of supply and use of the transmission system. The Bill further long-term sustainability, taking account of rising provides that the construction of an intercon- import dependence and the need to invest in nector requires an authorisation granted by the infrastructure. As an island nation on the periph- Commission for Energy Regulation (CER). The ery of Europe, Ireland has an acute interest in CER may, with my consent, secure the construc- these aspects of energy policy. In the longer term, tion of the interconnector by specified means, enhanced interconnection with other EU markets including by competitive tender, by authorisation will deliver improved security of supply and granted without a prior competitive tender, or greater consumer choice. In this context the directly by requesting the transmission system development of the All-island Energy market and operator as part of its development plan. the development of interconnection both Additionally, the Bill provides that an intercon- North/South and East/West with the UK are nector operator shall offer access to the intercon- important steps in this regard. nector on the basis of published non-discriminat- ory terms under the oversight and approval of the Alternative Energy Projects. CER. A dispute appeals mechanism is also provided for. 214. Mr. Durkan asked the Minister for Communications, Marine and Natural Resources Fishing Vessel Licences. if all wind farm projects in respect of which planning permission and business plans have been 212. Mr. Ferris asked the Minister for submitted and are in order are likely to be Communications, Marine and Natural Resources included in the current round of approvals when a person (details supplied) in County Kerry announced by his Department in respect of will have their application for a polyvalent licence renewable energy; if he has taken into account in dealt with. [19986/06] the determination of his energy plans the availability of various forms of renewable energy, Minister of State at the Department of seeking or awaiting approval and funding; when Communications, Marine and Natural Resources he expects all such projects to be regularised; if (Mr. Browne): The Licensing Authority for Sea- he intends to issue instructions to the Regulator Fishing Boats has informed me that they received in accordance with legislation; and if he will make an application for a Sea Fishing Boat Licence a statement on the matter. [20013/06] from the person named on 3 May 2006. It is the practice of the Authority to issue a licence offer subject to conditions within 15 working days of Minister for Communications, Marine and receipt of an application which means the licence Natural Resources (Mr. N. Dempsey): On the offer will be issued today at the latest. first of this month I launched the next market support mechanism for renewables known as the Renewable Energy Feed In Tariff (REFIT). This Energy Resources. new mechanism is a change from the previous 213. Mr. Durkan asked the Minister for programme in that it is a fixed feed in tariff mech- Communications, Marine and Natural Resources anism rather than competitive tendering. REFIT the degree of dependence for electricity gener- will support the construction of at least a further ation on oil, gas, nuclear or various forms of 400 megawatts of new renewable energy powered renewables in each of the EU States in the con- electricity generating plant by 2010. Applicants in text of a pan-European electricity grid; the extent REFIT must have planning permission and a grid to which each country is redefining its energy connection offer for their projects and they will policy; if the availability of adequate power here be able to contract with any licensed electricity will be affected by future developments in supplier up to the notified fixed prices. The full Europe with particular reference to economic terms and conditions of REFIT are available on and environmental needs; and if he will make a my Departments website, www.dcmnr.ie. The statement on the matter. [20012/06] processing of applications for grid connections is a matter for the appropriate grid operator and Minister for Communications, Marine and the Commission for Energy Regulation (CER). I Natural Resources (Mr. N. Dempsey): The infor- have no statutory function in that process. mation sought by the Deputy in relation to each of the EU Member States is published by the EU Energy Resources. Commission in a document entitled Energy and Transport in Figures 2005 and is available from 215. Mr. Durkan asked the Minister for the EU Commission’s website. Energy policy Communications, Marine and Natural Resources across all EU countries is developed taking further to Question No. 179 of 29 March 2006, if account of domestic and local influencing factors the information requested has been made avail- 631 Questions— 24 May 2006. Written Answers 632

[Mr. Durkan.] Minister for Foreign Affairs (Mr. D. Ahern): able in respect of electricity generation at the The RAPID (Revitalising Areas through Plan- plant at Tynagh, County Galway; [20055/06] ning, Investment and Development) programme is a focused initiative by Government to front- Minister for Communications, Marine and load National Development Plan funding and Natural Resources (Mr. N. Dempsey): I refer the improve the delivery of services in the most Deputy to my reply of 29 March 2006 and sub- disadvantaged areas in the country. As no pro- sequent correspondence from my Department of posals from the areas in question have fallen 6 April 2006. My Department checked all records within the remit of the Department of Foreign in relation to conditions, costs and other issues Affairs, there have been no funding implications relating to the generation, supply or purchase of for my Department. electricity from the Tynagh Energy plant in County Galway. The completed check disclosed Foreign Conflicts. no communication from the Commission for Energy Regulation (CER) with me in the matter. 220. Caoimhghı´nO´ Caola´in asked the Minister for Foreign Affairs if it remains the Govern- Energy Market Regulation. ment’s position, as published in the travel advice section of his Department’s website on 3 May 216. Mr. Durkan asked the Minister for 2006, that travel to Afghanistan should be Communications, Marine and Natural Resources avoided; and if he will make a statement on the if in the context of recent investigations by the matter. [19994/06] European Commission into alleged competition abuses in the electricity and gas sectors, there are Minister for Foreign Affairs (Mr. D. Ahern): implications for the energy industry here; and if The Department of Foreign Affairs provides he will make a statement on the matter. travel advice to Irish citizens. This reflects a con- [20056/06] sidered assessment of the risks involved for our citizens travelling to individual countries. The Minister for Communications, Marine and Natural Resources (Mr. N. Dempsey): Pending current advice is at www.foreignaffairs.gov.ie/ the completion of the European Commission services/traveladvice. As stated there, Irish citi- investigations in question it is premature to com- zens are advised against all non-essential travel to ment on possible implications, if any, of the out- Kabul, and against all travel to other parts of come of these investigations for the Irish energy Afghanistan. industry. A key priority identified by the Euro- pean Commission is the achievement of a prop- Asylum Applications. erly functioning internal market for gas and elec- 221. Mr. M. Higgins asked the Minister for tricity for the benefit of all citizens. Strong Foreign Affairs if he has received a request under competition in energy markets is essential in view section 11 of the Refugee Act 1996, as amended, of Europe’s growing dependency on energy sup- from a person or body connected with decision plies from third countries, rising fuel costs and making on asylum applications to make inquiries consolidation among energy companies. Ireland or to furnish information as to the situation in is participating fully in discussions at EU level on Afghanistan in terms of security, stability of a refocused energy policy both to protect our governance and respect for human rights, both national interests and to ensure market competi- generally and with regard to particular parts of tiveness is maximised. In this context, Ireland the country and sections of the population; and if supports the approach being adopted by the so, the information furnished in response. Commission and the investigations initiated into [19995/06] alleged competition abuses in the electricity and gas sectors. Minister for Foreign Affairs (Mr. D. Ahern): Question No. 217 answered with Question The Department does not have any record of a No. 75. request to the Minister for Foreign Affairs regarding Afghanistan under section 11 of the Question No. 218 answered with Question Refugee Act 1996, as amended. No. 68. Question No. 222 answered with Question Community Development. No. 113.

219. Mr. O’Shea asked the Minister for Foreign EU Integration. Affairs the additional funding spent in the targeted areas of disadvantage in the State under the 223. Mr. Durkan asked the Minister for RAPID programme on projects not outlined in Foreign Affairs if in the context of discussions he the national development plan by his Depart- has had with his EU colleagues or applicant coun- ment; and if he will make a statement on the tries, there has appeared an indication of re- matter. [19918/06] nationalisation in terms of the future commit- 633 Questions— 24 May 2006. Written Answers 634 ment of the European concept; and if he will was a key test as the army and police force of make a statement on the matter. [20018/06] Sierra Leone assumed responsibility for security in the country. The overall situation has been Minister for Foreign Affairs (Mr. D. Ahern): It calm since then. is true to say that the referendum results in The Special Court for Sierra Leone (SCSL) France and the Netherlands have given rise to a was established in 2002 to bring to trial ’those degree of uncertainty about the future direction who bear greatest responsibility’ for war crimes of the European Union. As always, there are and crimes against humanity committed in Sierra those who are fundamentally opposed to the very Leone after 30 November 1996. Ireland has been principle of European integration. From my dis- a strong supporter of the Court since its establish- cussions with EU Ministerial colleagues, ment in 2002 and has contributed nearly \1.5 mil- however, I have found no evidence of any loss of lion to it. This includes \600,000 for 2006. The confidence in the European Union. Indeed, there SCSL has indicted eleven persons associated with continues to be a widely-held belief that the chal- all of the civil war factions and ten of these are in lenges facing Europe are best confronted through the Court’s custody. Former president of Liberia, concerted action under the auspices of the Euro- Charles Taylor, was indicted for his support of pean Union. rebels in Sierra Leone. What we need to do is to find ways of making In February 2005 an Irish office, accredited the Union function more effectively and deliver from the Embassy in Abuja, was opened to better results for our citizens. European policies oversee programmes funded in both Sierra Leone such as the CAP, the Structural Funds and the and Liberia. It is staffed by a development Internal Market, to name but a few, have served specialist. Ireland particularly well. The idea of renationalis- Minister of State for Development and Human ing such conspicuously successful policies lacks Rights, Conor Lenihan TD, attended the Sierra credibility and holds no attraction for Ireland or Leone Investment Forum in Freetown on 28-31 for the other Member States. March 2006. Since 2000, Ireland has allocated approximately \18 million to Sierra Leone, Question No. 224 answered with Question including almost \3.7 million to date in 2006. This No. 89. funding has been allocated to activities with a focus on emergency and recovery and has been Question No. 225 answered with Question channelled through NGO partners, UN agencies No. 80. and to the Sierra Leone Special Court. The programme is currently moving beyond short term Foreign Conflicts. initiatives to responding to medium and longer- 226. Mr. Durkan asked the Minister for term recovery needs, in line with the country’s Foreign Affairs if he and the international com- Poverty Reduction Strategy Paper (PRSP) and in munity can report progress on matters in Sierra the context of transition and peace consolidation. Leone; and if he will make a statement on the matter. [20021/06] Human Rights Issues.

Minister for Foreign Affairs (Mr. D. Ahern): 227. Mr. Durkan asked the Minister for Since the civil war ended in 2002, significant pro- Foreign Affairs the extent to which the inter- gress in the restoration of peace and security has national community is satisfied in regard to the been made in Sierra Leone. Overall, the situation restoration of peace and observation of human is now stable with presidential and parliamentary rights in Nigeria; and if he will make a statement elections planned for 2007. The Government of on the matter. [20022/06] Sierra Leone still faces real challenges in addressing the root causes of the conflict, such as pov- Minister for Foreign Affairs (Mr. D. Ahern): erty, weak governance and corruption. The politi- The EU welcomed the peaceful conduct of the cal situations in Guinea, Liberia and Coˆ te last elections in Nigeria, held in 2003, and d’Ivoire are also fragile and have the potential to expressed confidence in the Nigerian Govern- adversely affect the development of Sierra Leone. ment’s commitment to continue improving the In January 2006, the UN Integrated Office in quality of democracy and accountability in Nig- Sierra Leone (UNIOSIL) was established to eria. The next elections are due in 2007. assist the Government to develop and implement During the first week of May 2006, the Niger- a strategy to address the root causes of conflict ian National Assembly debated the recom- and to seek to make progress towards the Millen- mendations of the Conference on Political nium Development Goals. UNIOSIL is also Reform. An amendment seeking to extend the working to build capacity within the National period of time a person could hold presidential Electoral Commission with a view to the elections office was defeated. President Obasanjo has in 2007, and is supporting work on the security accepted the National Assembly’s decision and sector. The withdrawal of the UN Mission in stated that his party will prepare for next year’s Sierra Leone (UNAMSIL) in December 2005 election on the basis of the constitution. 635 Questions— 24 May 2006. Written Answers 636

[Mr. D. Ahern.] Sudan, which borders Chad, are living in eastern As part of the reform process being pursued by Chad since 2003. Host communities in this region the current government, a census of population are themselves highly vulnerable to humanitarian was conducted in April. The data collected in the crisis. The refugee population is also vulnerable previous census, in 1991, was widely held to be to skirmishes which are ongoing on the Chad- inaccurate and skewed to favour some regions Sudan boarder. over others. Preliminary results are expected in Insecurity is a major problem along the 1,000 June. kilometre desert border between Chad and Following the return to civilian rule in 1999, Sudan, which have very strained relations due to a Human Rights Violations Investigation Panel, the destabilising effects of the Darfur conflict. Jan known as the Oputa Panel, was set up to investi- Egeland, the UN’s Emergency Relief Coordi- gate all gross human rights violations from 1966 nator, has warned that unless the security until 1999. The Panel concluded its hearings in situation improves drastically, aid agencies will be 2001 and published its 30,000 page report in May forced to withdraw. 2002. The Government has also established the To date in 2006, Ireland has provided funding National Action Plan for Human Rights Steering of \750,000 towards the UN Consolidated Appeal Committee and Coordinating Committee to for Chad. This has included \500,000 to UNHCR, assess, report on and make recommendations in the Office of the UN High Commissioner for relation to human rights in Nigeria. Refugees, for assistance to Sudanese refugees in Since 1999, Nigeria has played a leadership role Chad and a further \250,000 to UNOCHA, the in advancing the cause of peace both regionally Office for the Coordination of Humanitarian in West Africa and in Africa as a whole. Most Affairs, for its activities in Chad designed to assist recently, President Obasanjo had a close personal with early warning, planning and preparation for involvement in the successful conclusion of the emergency relief. This support recognises the Darfur Peace talks which were hosted by his regional vulnerabilities which have arisen due to government in Abuja. the spill-over of the crisis in Darfur into neigh- The Movement for the Emancipation of the bouring countries. We hope that in time and with Niger Delta (MEND) has claimed responsibility widespread local support and effective implemen- for serious incidents in the Niger Delta, including tation, the signing of the Darfur Peace Agree- car bomb attacks against security forces and the ment will bring with it peace and security to the kidnapping of expatriate oil workers. Federal and region. I can assure the Deputy that, in the State authorities are seeking to address the prob- interim, I continue to closely monitor the lems of the Niger Delta through putting in place humanitarian situation in Chad and surrounding a long-term development plan for the region. On countries. 18 April, President Obasanjo inaugurated the Presidential Committee on Socio-Economic Foreign Conflicts. Development of the Niger Delta which brings together a panel of high level officials to recom- 230. Mr. Durkan asked the Minister for mend to him specific projects for rapid develop- Foreign Affairs the degree to which stability is ment of the region in the near future. The Pres- being restored in Liberia; and if he will make a ident promised that thousands of new jobs will be statement on the matter. [20025/06] created in the oil industry, the military and the police, and that a US$1.8 billion motorway will Minister for Foreign Affairs (Mr. D. Ahern): be built. The campaign waged by MEND has con- Liberia has made remarkable progress since the tributed to a reduction of at least 20 per cent in Comprehensive Peace Agreement of August Nigerian oil production since the start of the year. 2003. The parliamentary and presidential elections held in October 2005 marked the return of Question No. 228 answered with Question democracy to the country after 14 years of civil No. 82. war. However, like other countries in the Mano River region, Liberia’s stability remains fragile and could be adversely affected by political devel- Overseas Development Aid. opments in neighbouring Sierra Leone, Guinea or 229. Mr. Durkan asked the Minister for Coˆ te d’Ivoire. Foreign Affairs the degree to which international Minister of State for Development and Human aid and support is achieving its objectives in Rights, Conor Lenihan T.D, met with President Chad; and if he will make a statement on the Ellen Johnson-Sirleaf in Monrovia on 30 March matter. [20024/06] 2006. President Johnson-Sirleaf has pledged to root out corruption, a key destabilising factor in Minister of State at the Department of Foreign Liberia, and indicated her full support for the Affairs (Mr. C. Lenihan): The humanitarian Governance Economic Management Assistance situation in eastern Chad, where 350,000 people Programme (GEMAP). Under this programme, are dependent on the assistance of aid agencies, international assistance is offered in monitoring is a source of ongoing concern. Approximately key ministries and state organs, including all state 200,000 refugees from the Darfur region of expenditure for the next three years. 637 Questions— 24 May 2006. Written Answers 638

The UN mission in Liberia (UNMIL) plays a under the RAPID programme, which is the crucial role in ensuring the security and stability responsibility of the Department of Community, of Liberia. Ireland has participated in UNMIL Rural and Gaeltacht Affairs. since November 2003, contributing two-thirds of Areas targeted under the RAPID programme a Quick Reaction Force (QRF), the other third are, however, prioritised for investment and being provided by Sweden. The Irish contingent development under the national lottery-funded comprises a motorized infantry battalion of some Sport Capital Programme, which is administered 426 personnel, together with a small number of by my Department. This programme allocates additional personnel deployed at Force Head- funding to sporting and community organisations quarters. The UN Secretary-General has written at local, regional and national level throughout to the Taoiseach requesting that Ireland consider the country towards the provision of sport and postponing the withdrawal of its troops from the recreational facilities, and one of its stated objec- UN Mission in Liberia (UNMIL) for a period of tives is the prioritisation of the needs of at least six months beyond the planned with- disadvantaged areas in the provision of facilities. drawal date of November 2006. The Taoiseach Applications located in RAPID areas are given has replied indicating that the Government will higher priority in the assessment process, pro- give positive consideration to extending the pres- vided that they meet the basic eligibility criteria ence of our troops in Liberia to May 2007. for the programme as highlighted in the guide- In 2005, Ireland provided some \2.5 million in lines, terms and conditions of the programme. funding for projects in areas such as health care, Those applications from RAPID areas that are education, the prevention of sexual exploitation also endorsed by their local Area Implementation and abuse, disarmament, demobilisation, reinte- Team (AIT) receive the highest priority. gration and rehabilitation projects for ex-soldiers, Since the formation of my Department, the and electoral assistance. Support to Liberia in amounts allocated under the Sports Capital Prog- 2006 continues to focus on basic recovery programme to projects located in RAPID areas are rammes reflecting the substantial humanitarian set out in the table below. and recovery needs. Funding to date in 2006 is \ 4 million. Sports Capital Funding allocated No of Projects The arrest and trial of the former president of Programme Liberia, Charles Taylor, will also contribute to the long-term stability of Sierra Leone. On 29 \ million March, Taylor was arrested by Nigerian border 2003 7.6 71 guards while trying to flee from exile in Nigeria. 2004 10.5 100 He was immediately transferred by air to Liberia and onwards to Freetown, Sierra Leone where he 2005 10.15 87 was given into the custody of the Special Court Total 28.25 258 for Sierra Leone (SCSL) by Irish members of UNMIL, in line with their mandate. On 3 April he appeared before the Court and entered a not In addition, since 2004 those projects allocated guilty plea in response to the 11 charges against grants in RAPID areas that are also endorsed by him. The Court has requested that the trial be their AIT have been allocated additional ‘top-up’ held in the Netherlands amidst concerns about funding by my colleague the Minister for Com- the regional instability Taylor’s presence in Free- munity, Rural and Gaeltacht Affairs, Eamon O´ town could cause. The trial will take place in any Cuı´v. To date, this top-up funding has amounted case under the jurisdiction of the SCSL. In 2005- to more than \4.5 million. 2006, Ireland has provided nearly \1.5 million in Applications for funding under the 2006 Sports support to the SCSL. Capital Programme were invited through advertisements in the Press on November 27th and Question No. 231 answered with Question 28th last. The closing date for receipt of appli- No. 80. cations was January 20th 2006. A total of 1,338 applications for projects costing \670 million and Community Development. seeking funding of \312 million were received. All of these applications, including those located 232. Mr. O’Shea asked the Minister for Arts, in RAPID areas, are currently being evaluated Sport and Tourism the additional funding spent against the programme’s detailed assessment in the targeted areas of disadvantage in the State criteria, which are outlined in the guidelines, under the RAPID programme on projects not terms and conditions of the programme. I intend outlined in the National Development Plan by his to announce the grant allocations for the prog- Department; and if he will make a statement on ramme as soon as possible after the assessment the matter. [19919/06] process has been completed. Finally, under the Local Authority Swimming Minister for Arts, Sport and Tourism (Mr. Pool Programme, which is also administered by O’Donoghue): There is no specific funding avail- my Department, the funding allocated to swim- able through my Department for distribution ming pool projects located in RAPID areas since 639 Questions— 24 May 2006. Written Answers 640

[Mr. O’Donoghue.] of contributing to a greater level of consistency the formation of my Department is set out in the and best practice across the CEB network as a table below. whole. The Unit will not replace in part or in full the role of the County Enterprise Boards. Project Allocation

\ Social Welfare Benefits.

Ballymun, Dublin 3,809,214 235. Mr. P. Breen asked the Minister for Social and Family Affairs the reason a person (details Churchfield, Cork City 3,809,214 supplied) in County Clare was refused rent sup- Clondalkin, Dublin 3,809,214 plement; and if he will make a statement on the Clonmel, County Tipperary 1,641,934 matter. [19777/06] Drogheda, County Louth 3,809,214 Finglas, Dublin 3,809,214 Minister for Social and Family Affairs (Mr. Jobstown, Dublin 3,809,214 Brennan): The supplementary welfare allowance Longford, County Longford 3,809,214 scheme, which includes rent supplement, is administered on my behalf by the Community Tralee Aquadome, County Kerry 86,400 Welfare division of the Health Service Executive. Tralee Sports Centre, County Kerry 3,809,214 Neither I nor my Department has any function in Tuam, County Galway 3,809,214 relation to decisions on individual claims. Youghal, County Cork 3,809,214 The Health Service Executive has advised that it has no record of a formal application for rent Total allocated to date 39,820,474 supplement from the person concerned. The person concerned should submit an application for rent supplement to the community welfare officer 233. Mr. O’Shea asked the Minister for in her area so that the Executive can make a for- Enterprise, Trade and Employment the mal decision on the matter. additional funding spent in the targeted areas of disadvantage in the State under the RAPID prog- Social Welfare Code. ramme on projects not outlined in the National Development Plan by his Department; and if he 236. Mr. Stanton asked the Minister for Social will make a statement on the matter. [19920/06] and Family Affairs the action that he has taken as a result of the report from the Irish Nutrition Minister for Enterprise, Trade and Employ- and Dietetic Institute on the cost of healthy eat- ment (Mr. Martin): It has not been possible in the ing and specialised diets here which he received time available to compile the information in January 2006; and if he will make a statement requested by the Deputy. I shall communicate the on the matter. [20009/06] information to the Deputy when it comes available. Minister for Social and Family Affairs (Mr. Brennan): The report referred to by the deputy Employment Support Services. is the Examination of the Cost of Healthy Eating 234. Ms Harkin asked the Minister for and Specialised Diets undertaken on behalf of my Enterprise, Trade and Employment if the Department by the Irish Nutrition and Dietetic planned support unit in Enterprise Ireland would Institute (INDI) which was published in January replace in part or in full the role of the county 2006. enterprise board; and if he will make a statement The report is the most comprehensive review on the matter. [19943/06] of specialised diets and foods costs that has been carried out in Ireland in the past decade. It has Minister for Enterprise, Trade and Employ- brought an up to date focus on the varying costs ment (Mr. Martin): One of the main recom- of healthy foods and also contains proposals for mendations of the 2004 Fitzpatricks Report was specialised diets based on the latest dietary and that the County and City Enterprise Boards medical views. In undertaking this study, INDI (CEBs) should be integrated into the mainstream designed an example of a nutritionally balanced, enterprise development system by establishing a healthy eating diet and also examples of various CEB Central Co-ordination Unit within specialised diets. A survey was carried out to find Enterprise Ireland. This recommendation was out the cost of those diets at a range of shop subsequently endorsed by the Enterprise Strategy types. The report examined the special diets pre- Group and approved by Government in 2005. scribed in legislation for which assistance is avail- The role of the new Unit will be to provide able through the diet supplement scheme and a range of strategic, administrative, financial and considered the appropriate level of assistance technical supports to the CEBs with the ultimate required to cater for any additional costs involved objectives of enhancing the effectiveness, in providing for necessary special diets, relative efficiency and impact of the CEBs on the to the cost of a normal healthy eating diet. development of micro-enterprises in Ireland and 641 Questions— 24 May 2006. Written Answers 642

The study recommended, following its detailed facilities in the Shannon Estuary at a cost of over research, a new framework for classifying the var- \100 million. The company has recently sought ious diets under which the former prescribed expressions of interest with regard to the diets would fall into one of four categories: Limerick Docklands and is seeking tenders for two sites within the docklands. There are cur- — Gluten Free Diet rently six different port installations in the — Low Lactose Milk Free Diet Shannon Estuary that fall within the jurisdiction — High Protein High Calorie Diet of Shannon Foynes Port Company. The company projects significant increases in its volume of — Liquidised Altered Consistency Diet. trade over the coming years and states that My Department has now finalised a revised diet investment in new modern facilities that can supplemented scheme, and regulations came into handle bigger ships is required to accommodate operation on 3 April 2006 that give effect to the this growth in trade. findings and recommendations of the study. The The Government’s Ports Policy Statement pub- level of diet supplement payable is based on the lished in January 2005 outlines that the disposal cost of food in convenience stores (i.e. the highest of non-core assets is a potential source of funding cost) in recognition of the fact that some people for new port developments. Whatever the con- will not be in a position to do their shopping at clusions of the strategic review, the company has the cheapest shops due to age or lack of said it will continue to work in partnership with transport. other stakeholders in the region, including the As with previous Diet Supplement arrange- company’s customers that are currently using the ments, any person who is receiving a social wel- Limerick docks. fare or health service executive payment, who has Regarding the road being constructed down- been prescribed a special diet as a result of a stream from the docks, the overall responsibility specified medical condition, and who is unable to for the planning, design and implementation of provide for his or her food needs from within his National Road Projects is a matter for the NRA or her own resources, may qualify for a diet sup- and the relevant local authority. plement under the supplementary welfare allowance scheme. The amount of supplement payable Rail Network. depends on which category of diet has been pre- 238. Ms O. Mitchell asked the Minister for scribed by the applicant’s medical advisor, as well Transport the date on which he received a report as the income of the individual and his/her from Irish Rail on the western rail corridor; when dependents. he will reach a decision in relation to this project; the amount of funding he will allocate to this pro- State Property. ject; and if he will make a statement on the 237. Mr. Noonan asked the Minister for Trans- matter. [19788/06] port if he has given consent to the Shannon Foynes Port Authority for the sale of a portion Minister for Transport (Mr. Cullen): Transport of Limerick docks; if he will provide assurances 21 provides for the reinstatement of the Western that Limerick docks will remain operational and Rail Corridor on a phased basis, with the Ennis that a viable service will be provided to existing to Athenry section to be completed in 2008, the port users; the reason a tunnel rather than a Athenry to Tuam sections to be completed in bridge is being constructed downstream from the 2011 and the Tuam to Claremorris section to be docks if the dockland is to closed; and if he will completed in 2014. make a statement on the matter. [19930/06] Iarnro´d E´ ireann has submitted proposals to my Department relating to Phase 1 (the reopening of Minister of State at the Department of Trans- the Ennis to Athenry section) on 21 February port (Mr. Gallagher): Shannon Foynes port is a 2006 and Phase 2 (re-opening of the Athenry to State-owned company established under the Har- Tuam section) on 26 March 2006. These are cur- bours Act 1996. The Act provides that the princi- rently being examined and I expect to make a pal objects of the company include the provision decision in the matter shortly. of such facilities, services and lands in its harbour for ships, goods and passengers, as it considers Road Openings. necessary. The company is required to take all proper measures for the management, control, 239. Ms O. Mitchell asked the Minister for operation and development of its harbour. Transport if his attention has been drawn to the Decisions regarding the use of the land within the exact date in which the Dublin Port tunnel will port estate are primarily a matter for the port be opened; and if he will make a statement on company and its board. the matter. [19789/06] On 15 March last, Shannon Foynes Port Com- pany announced that it is conducting a strategic Minister for Transport (Mr. Cullen): The plan- review of its property portfolio, which could ning, design and implementation of national road result in a major expansion and upgrade of its improvement projects, including the Dublin Port 643 Questions— 24 May 2006. Written Answers 644

[Mr. Cullen.] use a bus (including a school bus) in a public Tunnel, is a matter for the National Roads Auth- place, with the vehicle, the driver and the oper- ority (NRA) and the local authorities concerned, ator each subject to regulation. In the case of the in this case, Dublin City Council. vehicle, it must meet the requirements specified I understand that the civil engineering work in a series of regulations relating to the construc- within the tunnels has now been largely com- tion, equipment and use of vehicles. Safety stan- pleted and that the main focus of work has shifted dards applied under these regulations relate to, to the installation of the mechanical and electrical among others, brakes, steering, tyres, suspension, systems which make up the safety and control lighting, doors, emergency exits, access to exits features of the project. I understand from Dublin and maximum passenger accommodation. Regu- City Council and the NRA that the main con- lations made last December extended the struction and installation work in the Tunnel is requirement for speed limiters to be fitted to expected to be completed in June, with the Tun- every bus first registered since October 2001. Sin- nel opening to traffic in September. However, the gle deck buses are subject to maximum speed exact opening date will be contingent on satisfac- limits of 80 km/h, with double deck buses subject tory completion of the testing and commissioning to a maximum speed limit of 65 km/h. Buses of the tunnels’ operational and safety features, engaged on private hire are licensed by the Garda including the training of operational and emer- Sıóchańa. Buses over one year old are subject gency staff. annually to comprehensive roadworthiness testing by testers authorised by city and county Community Development. councils. Enforcement of road traffic law is a matter for the Garda Sıóchańa. 240. Mr. O’Shea asked the Minister for Trans- An independent review is currently being port the additional funding spent in the targeted carried out within Bus E´ ireann of the arrange- areas of disadvantage in the State under the ments and systems in place for the management, RAPID programme on projects not outlined in operation and maintenance of the fleet, both the National Development Plan by his Depart- owned and contracted by Bus E´ ireann, to ensure ment; and if he will make a statement on the ongoing safety and roadworthiness. I have matter. [19922/06] requested that the review be completed as soon as possible. Separately, I have requested the Minister for Transport (Mr. Cullen): There is Chief Executive designate of the proposed Road no specific separate funding allocated to trans- Safety Authority to undertake a fundamental port projects under the RAPID Programme. review of the arrangements for the compulsory They form part of the National Development periodic roadworthiness testing of goods vehicles Plan, and the question of additional funding is dealt with in the context of overall National and buses. Development Plan funding. Road Traffic Offences. Rail Network. 243. Ms O. Mitchell asked the Minister for 241. Ms O. Mitchell asked the Minister for Transport the number of applications which his Transport if the Irish Rail freight facility at North Department has received from drivers seeking Esk remain connected to the rail system after the removal of penalty points from their licence development works related to the reopening of in situations whereby an application is made by a the Midleton line; and if he will make a statement Chief Superintendent to have the points on the matter. [19941/06] removed; if all such applications were granted; if not, the reason therefor; the main categories or Minister for Transport (Mr. Cullen): Iam circumstances of errors for which the points have informed by Iarnro´ dE´ ireann that the works been removed; and if he will make a statement planned on the Cork-Midleton line will have no on the matter. [20069/06] impact on the North Esk freight facility and the freight yard will remain connected to the rail Minister for Transport (Mr. Cullen): The infor- system. mation requested by the Deputy is not readily available and will be forwarded to the Deputy School Transport. when it is available. ´ 242. CaoimhghıńOCaolaín asked the Minister Community Development. for Transport the public service vehicle standards that currently apply to the school bus fleet; if 244. Mr. O’Shea asked the Minister for Com- those standards are deemed adequate; the means munity, Rural and Gaeltacht Affairs the by which they are enforced; and if he will make additional funding spent in the targeted areas of a statement on the matter. [20067/06] disadvantage in the State under the RAPID programme on projects not outlined in the national Minister for Transport (Mr. Cullen): An exten- development plan by his Department; and if he sive range of requirements must be satisfied to will make a statement on the matter. [19923/06] 645 Questions— 24 May 2006. Written Answers 646

Minister for Community, Rural and Gaeltacht an eligible farmer as outlined above and is due Affairs (E´ amon O´ Cuı´v): My Department, with payment of the top-up. An enhancement is the support of Pobal, has overall responsibility required to the Single Payment Scheme payment for the co-ordination of the RAPID programme. system to enable these top-up payments. This It is a matter for each Department to report on development is ongoing and payments will issue progress of RAPID projects that fall to them to on completion of same. implement. As I have set out in this House previously, the Alternative Energy Projects. RAPID programme is not something that is 246. Mr. Naughten asked the Minister for Agri- additional to the NDP. What the programme culture and Food further to Parliamentary Ques- seeks to achieve is the prioritisation of action in tion No. 391 of 3 May 2006 her proposals, in the the 45 designated areas. The idea is that RAPID context of a review of the energy crops scheme, areas are considered for investment before non- to make the scheme more attractive for farmers; RAPID areas and therefore favoured by prioritis- and if she will make a statement on the ing and concentrating investment. matter. [19796/06] The RAPID programme fulfils the commitment given under Framework III of the Prog- Minister for Agriculture and Food (Mary ramme for Prosperity and Fairness to tackle the Coughlan): Article 92 of Council Regulation spatial concentration of disadvantage in the 25 (EC) 1782/2003 of 29 September 2003 provides most deprived communities in the State. The for a review of the Energy Crops Scheme. By 31 original list of 25 urban areas was later expanded December 2006, the Commission shall submit a to include an additional 20 provincial urban report to the Council on the implementation of centres. the Scheme, accompanied, where appropriate, by The Deputy will also be aware that the proposals taking into account the implementation National Development Plan (NDP) is an econ- of the EU biofuels initiative. As part of this pro- omic programme that sets out the Government’s cess, I will be seeking to have the Scheme made broad strategic response to the State’s economic more attractive for farmers. and social development needs for the seven-year period ending December 2006. Grant Payments. The NDP does not set out specific project commitments. The RAPID programme is not men- 247. Mr. Naughten asked the Minister for Agri- tioned in the NDP. Accordingly, all spending on culture and Food further to Parliamentary Ques- the RAPID Programme, details of which I have tion No. 239 of 17 May 2006, if there is anything given to the House — in particular my reply to in the regulations prohibiting the payment of a question number 59 on 21 March 2006 — comes national top-up; and if she will make a statement within the category sought by the Deputy. on the matter. [19828/06] In overall terms, at this stage, commitments of \349.6m have been entered into by Departments Minister for Agriculture and Food (Mary and reported to POBAL. These commitments are Coughlan): Member States may only grant State by Departments to projects proposed by individ- aid where authorized to do so by the EU. The ual RAPID Area Implementation Teams. In Council Regulation governing the restructuring addition, some \32m has been committed to aid does not provide such authority. RAPID areas under the Dormant Account Fund. 248. Mr. Naughten asked the Minister for Agri- Grant Payments. culture and Food if her Department charges interest on outstanding repayments due to her 245. Mr. Naughten asked the Minister for Agri- Department; the interest rate charged in such cir- culture and Food the reason a person (details cumstances; and if she will make a statement on supplied) in County Louth has not been issued the matter. [19829/06] with a top up payment under the single farm payment from the national envelope as per a letter 249. Mr. Naughten asked the Minister for Agri- of 15 April 2005 from her Department; and if she culture and Food if her Department applies will make a statement on the matter. [19791/06] interest on outstanding payments due to farmers, where there has been an underpayment caused Minister for Agriculture and Food (Mary by a departmental error; the interest rate charged Coughlan): All eligible farmers who experienced in such circumstances; and if she will make a depopulation due to the Foot and Mouth out- statement on the matter. [19830/06] break in 2001 on the Cooley peninsula have been granted Force Majeure and have had the refer- Minister for Agriculture and Food (Mary ence year 2002 excluded from the calculation of Coughlan): I propose to take Questions Nos. 248 their Single Farm Payment. These farmers will and 249 together. also receive the National Envelope top-up on the In the exercise of its functions as an agency for number of ewes on which ewe premium was paid the payment of EU funds, my Department is during the reference period. The person named is bound by rules laid down at EU level. The EU 647 Questions— 24 May 2006. Written Answers 648

[Mary Coughlan.] regulations dealing with schemes funded by the Office Applications Approvals EAGGF Guarantee Fund require member states Received Issued to charge interest at a rate determined in accordance with national legislation. These EU regu- Ballina 22 4 lations are directly applicable and binding in their Carlow 16 5 entirety in all member states. The rate of interest Castlebar 32 0 currently provided for in national legislation is Cavan East 68 16 3%. Systems either are in place, or are being in Cavan West 32 2 put in place to comply with these requirements in Clare North 67 7 relevant schemes. The question of interest does Clare South 75 13 not arise in the case of an overpayment resulting from a Departmental error, and interest can be Claremorris 85 7 avoided altogether through the prompt payment Clonakilty 93 29 of the relevant debts. No provision is made in the Cork City 70 38 relevant regulations for the payment of interest Donegal North 83 25 by the paying agency. In addition, my Depart- Donegal South 71 9 ment fully applies the provisions of the Prompt Galway West 9 0 Payments of Accounts Act 1997, as amended by Loughrea 42 12 the European Communities (Late Payment in Galway South 31 9 Commercial Transactions) Regulations 2002. Kerry North 104 70 Community Development. Kerry South 63 23 Kildare/Dublin 14 7 250. Mr. O’Shea asked the Minister for Agri- Kilkenny/Waterford 77 33 culture and Food the additional funding spent in Kilkenny North 122 17 the targeted areas of disadvantage in the State under the RAPID programme on projects not Laois 66 25 outlined in the national development plan by her Leitrim 47 5 Department; and if she will make a statement on Limerick 138 25 the matter. [19924/06] Longford 42 14 Louth/Monaghan East 56 18 Minister for Agriculture and Food (Mary Mallow 72 33 Coughlan): My Department has not incurred Meath 60 7 expenditure under the RAPID programme. Monaghan North 77 13 Grant Payments. Offaly 47 19 Roscommon North 40 7 251. Mr. Naughten asked the Minister for Agri- Roscommon South 43 10 culture and Food the number of applications Sligo 33 12 awaiting approval on a county basis under farm pollution grant schemes; the number of appli- Tipperary North 63 17 cations submitted on a county basis since the Tipperary South 78 19 announcement of the new farm waste manage- Tuam 117 20 ment grants; and if she will make a statement on Waterford West 36 24 the matter. [19957/06] Westmeath 42 23 Wexford 40 10 Minister for Agriculture and Food (Mary Wicklow 26 2 Coughlan): The information requested by the Deputy is available in respect of each Depart- Total 2,299 629 ment local office only. The following table sets out the up-to-date position in regard to the number of applications received and approvals Bovine Disease Controls. issued under the new Farm Waste Management Scheme. As the issue of Department approval to 252. Mr. Naughten asked the Minister for Agri- proceed with works under the Scheme involves, culture and Food the number of herd numbers in in most cases, an on-farm visit by a Department use in each county; the corresponding figure for inspector, the costing of the proposed investment the year 2000; and if she will make a statement and verification of the eligibility of the appli- on the matter. [19958/06] cation, approval normally issues some weeks after Minister for Agriculture and Food (Mary the receipt of a valid application. Coughlan): The number of herd numbers registered for the purposes of the TB and Brucellosis 649 Questions— 24 May 2006. Written Answers 650

Eradication Schemes on a county basis at present acquired for manufacturing purposes. The and in 2000 is set out in the table below. The amount of the fee is \0.001 per litre and last year reduction in the number of herd numbers some \5,083,959.30 was collected. between 2000 and 2006 reflects the gradual decline in the number of farmers during this Grant Payments. period. 254. Mr. P. Breen asked the Minister for Agri- County 13/5/2006 31/12/2000 culture and Food if she will accept a late application for an allocation of payment entitlements Carlow 1,448 1,576 for the 2005 national reserve from a person (details supplied) in County Clare due to special Cavan 5,169 5,464 circumstances; and if she will make a statement Clare 6,391 6,748 on the matter. [19982/06] Cork 12,829 13,743 Donegal 5,862 6,629 Minister for Agriculture and Food (Mary Dublin 445 559 Coughlan): The Department sought applications Galway 12,592 13,819 for the 2005 National Reserve in December 2004. The closing date for receipt of completed appli- Kerry 7,289 7,876 cations was extended to 16 May 2005 to coincide Kildare 2,046 2,258 with the closing date for the 2005 Single Payment Kilkenny 3,326 3,536 Scheme applications. The National Reserve Laois 3,015 3,141 Scheme was widely advertised at that time. If the Leitrim 3,341 3,640 person named has extenuating circumstances that Limerick 5,907 6,374 prevented him from submitting a timely application for an allocation under the 2005 National Longford 2,538 2,730 Reserve, such details should be submitted to my Louth 1,272 1,424 Department for consideration. Mayo 10,674 11,746 Meath 4,029 4,346 255. Mr. Naughten asked the Minister for Agri- Monaghan 4,383 4,520 culture and Food when she will issue a decision Offaly 3,291 3,436 to a person (details supplied) in County Longford under the national reserve; and if she will make Roscommon 5,887 6,436 a statement on the matter. [19983/06] Sligo 4,000 4,390 Tipperary 7,087 7,648 Minister for Agriculture and Food (Mary Waterford 2,372 2,577 Coughlan): The person named submitted an Westmeath 3,135 3,352 application to the National Reserve under cate- Wexford 3,315 3,669 gory B. Category B caters for farmers who, between 1 January 2000 and 19 October 2003, Wicklow 1,748 1,905 made an investment in production capacity in a Totals 123,391 133,542 farming sector for which a direct payment under Livestock Premia and/or Arable Aid schemes would have been payable during the reference period 2000-2002. Investments can include pur- 253. Mr. Naughten asked the Minister for Agri- chase or long term lease of land, purchase of culture and Food the funds collected under the suckler and/or ewe quota or other investments. disease levy and dairy inspection levy in 2005; and The Regulations governing the Single Payment if she will make a statement on the matter. Scheme provide that the Member State must [19959/06] ensure that an allocation from the National Reserve to an applicant who has already ben- Minister for Agriculture and Food (Mary efited under other measures associated with the Coughlan): Bovine disease levies are collected Single Payment Scheme (for example, Force under the Bovine Disease (Levies) Act, 1979 and Majeure/New Entrant during the reference are specifically intended to ensure that farmers period) does not result in double benefit to the share the cost of compensation under the TB and applicant. In such circumstances the applicant will Brucellosis Schemes. Revenue from bovine dis- benefit from the measure that is most beneficial. ease levies in 2005 amounted to \11.39m but this The person named has already benefited from is expected to fall to approximately \10m this another measure i.e. Force Majeure during the year. Expenditure on compensation to farmers reference period and therefore his National under the Disease Eradication schemes Reserve application will now be assessed to amounted to \21.37m in 2005 when total establish whether the provisions precluding Exchequer expenditure on these schemes was double benefit should be applied. Following this \53.33m. The Dairy Inspection Levy is payable examination the person named will be notified of under the Milk (Miscellaneous Provisions) Act the outcome and should he be dissatisfied with 1979 and levied on the basis of every litre of milk 651 Questions— 24 May 2006. Written Answers 652

[Mary Coughlan.] Minister for Justice, Equality and Law Reform my Department’s decision, he has the oppor- (Mr. McDowell): Where a prisoner is assessed as tunity to appeal this decision to the Independent having a specific health related problem, steps are Payment Appeals Committee. An appeals appli- taken to provide assistance to address such prob- cation form is available from any of my Depart- lems while in prison. All prisoners have access to ment’s offices or on the Department website at a range of therapeutic services, including psychi- www.agriculture.gov.ie. atric and psychology services. Referral to any particular service is on the basis of assessed need. 256. Mr. Naughten asked the Minister for Agri- While every effort is made within the resources culture and Food the reason a successful appli- available to address identified problems within cant under force majeure cannot gain a single prison, this obviously requires the active cooper- farm payment allocation under the national ation of the prisoner involved. The Irish Prison reserve; and if she will make a statement on the Service is currently in the process of recruiting matter. [19984/06] extra psychologists to work in the prison system, including involvement in the rehabilitation of Minister for Agriculture and Food (Mary young male prisoners. Coughlan): In general, the Single Payment established for farmers is based on the three-year aver- Community Development. age number of animals (hectares in the case of Arable Aid) that attracted premium payments in 258. Mr. O’Shea asked the Minister for Justice, the years 2000, 2001 and 2002. The Regulations Equality and Law Reform the additional funding governing the Single Payment Scheme provide spent in the targeted areas of disadvantage in the that the Member State must ensure that an allo- State under the RAPID programme on projects cation from the National Reserve to an applicant not outlined in the national development plan by who has already benefited under other measures his Department; and if he will make a statement associated with the Single Payment Scheme on the matter. [19925/06] (Force Majeure/New Entrant during the reference period) does not result in double benefit to Minister for Justice, Equality and Law Reform the applicant. For example, a farmer may already (Mr. McDowell): The RAPID (Revitalising have had the years 2000 and 2001 omitted from Areas by Planning, Investment and his Single Payment calculation on the grounds Development) programme targets the most con- that he commenced farming in 2002. His Single centrated areas of disadvantage in the State by Payment is based on the total premium payment ensuring that priority attention is given to these in respect of the year 2002 only. The same farmer areas by Government Departments and State may also have purchased Suckler Cow Quota in Agencies dealing with disadvantage and local respect of the 2002 scheme year and applied to development in the widest sense. the National Reserve under category B(ii). In The RAPID programme designated 45 areas such a case the full benefit of the premium arising for priority investment and frontloading of fund- from the investment in Suckler Cow quota is ing under the National Development Plan 2000- already fully reflected in the Single Payment 2006 (NDP). The Department of Justice, Equality established for that farmer under the New and Law Reform and the Garda Sıóchańa are Entrant measure. An allocation from the represented on the RAPID National Monitoring National Reserve in respect of the investment in Committee. At a local level the Garda Sıóchańa Suckler Cow Quota would therefore result in and the Probation and Welfare Service are rep- double benefit. Each case where an applicant to resented on RAPID Area Implementation Teams the National Reserve has already benefited from and facilitate the co-ordinated and service inte- the other measures (Force Majeure/New Entrant) grated delivery of the RAPID programme. and is also accepted under the National Reserve, In November 2005 the Garda Sıóchańa held a will have to be examined to see which measure seminar for all the Garda representatives on Area is the most beneficial. In such circumstances the Implementation Teams with the aim of further applicant will benefit from the measure that is developing and enhancing the role and partici- most beneficial. pation of Gardaı´ in the RAPID programme. In line with the Government policing priorities for 2006, which are contained in the Garda Sıóchańa Prison Medical Service. Policing Plan 2006, the Garda Commissioner has 257. Dr. Cowley asked the Minister for Justice, agreed to review local policing arrangements in Equality and Law Reform if his attention has communities in the RAPID programme areas been drawn to the fact that there is a great need where local residents are seeking to have issues for the provision of psychiatrists and psychol- such as persistent vandalism, low and high level ogists in prisons here due to the high number of intimidation and other anti-social behaviour more young males currently in prisons here and the fact effectively addressed. In addition, the Garda that when they are released there has been no Sıóchańa have implemented proposals received rehabilitation carried out. [19782/06] through the RAPID programme. 653 Questions— 24 May 2006. Written Answers 654

My Department decides on approving funding addition, my Department, in conjunction with the for RAPID proposals within the context of exist- Department of Community, Rural and Gaeltacht ing allocations across Votes under my Depart- Affairs co-funded the provision of capital items ment’s remit. Particular priority is given to for Probation and Welfare Service projects in RAPID proposals which fall within the functional RAPID areas to the amount of \60,000 in 2004 areas financed by the National Development Plan and \123,000 in 2005. (NDP). Information on the funding provided by Garda youth diversion projects are community my Department under the RAPID programme is based, multi-agency crime prevention initiatives as follows: Equal Opportunities Childcare Prog- which seek to divert young people from becoming ramme 2000-2006 under the NDP and the involved (or further involved) in anti-social National Childcare Investment Programme 2006- and/or criminal behaviour by providing suitable 2010. Responsibility for the Equal Opportunities activities to facilitate personal development, pro- Childcare Programme (EOCP) 2000-2006 (which mote civic responsibility and improve prospects is part of the NDP) and the National Childcare of employability. My Department currently funds Investment Programme (NCIP) 2006 -2010 has 64 Garda youth diversion projects and 7 main- been assigned, from 1 April 2006, to the Depart- streamed Local Drugs Task Force projects. The ment of Health and Children as part of the estab- funding allocation for the projects for 2006 is \6.6 lishment of the new Office of the Minister for million. It is my intention to expand the scheme Children under the Minister for Children, Mr. to 100 Garda youth diversion projects nationwide Brian Lenihan, T.D. by the end of 2007. I have received from the Although the EOCP is not solely focused on Garda Commissioner a short-list of ten proposals RAPID areas it has contributed significantly to for consideration, which I hope to have estab- the provision of child care in RAPID areas. I lished before the end of June this year. Seven of understand from enquiries made with Pobal, the ten proposals to establish new projects are for which administers the grants on the Govern- RAPID areas. A total of 51 of the projects cur- ment’s behalf, that funding committed up to the rently operating are located in 32 of the 45 end of March 2006 under the EOCP includes the RAPID areas. Expenditure on the projects in provision of almost \112 million of funding to 2005 in RAPID areas amounted to almost \4 mil- child care services operating in RAPID areas (of lion (of which \1.323 million was NDP funded). which almost \35 million is in respect of pro- Expenditure to date in 2005 is \2.5 million (of posals submitted under the RAPID programme). which \940,000 is NDP funded). In addition, in The total amount includes a mix of projects which 2005 my Department, in conjunction with the came forward in the first instance under RAPID Department of Community, Rural and Gaeltacht area regeneration plans, and projects which Affairs, co-funded to the amount of \199,000 the applied directly for funding to the EOCP and provision of capital items (such as community which are located in RAPID areas. The allo- buses and IT equipment) for Garda youth diver- cations under the EOCP include support for the sion projects in RAPID areas. development of new child care places and support I launched the Community Based CCTV towards the staffing costs of services. Allocations Scheme last year in response to a demonstrated have also been made under the EOCP to organis- demand from local communities across Ireland ations which support the promotion of quality in for the provision of CCTV systems. The purpose Irish child care, which would positively impact on of the Scheme is to support local communities many services located in RAPID areas. who wish to install and maintain CCTV security With regard to the NCIP (which is not part of systems in their area, with the aim of increasing the NDP), I understand that one capital grant, public safety and reducing the risk of anti-social to the value of \100,000, has been approved in a and criminal activity. Under this Scheme, com- RAPID area up to the end of March 2006. Fund- munities could apply for grant aid funding of up ing of \3.3 million, under the NDP, has been allo- to \100,000 from the Department to install a cated by my Department under Phase 1 of the CCTV system in their area. In addition, the Equality for Women measure to 18 projects Department of Community, Rural and Gaeltacht located in or adjacent to RAPID areas. Phase II Affairs gave a commitment to provide successful of the measure specifically targets economically applicants from RAPID areas with a further disadvantaged women in RAPID areas. In March grant to a maximum of \100,000 subject to the 2005 I approved grants amounting to \7million to total grant aid from both Departments not fund the development of 58 projects located in exceeding \200,000 or 100% of the capital costs RAPID areas throughout the country which sup- of the project, whichever is the lesser. port equality for women. The Community Based CCTV Scheme offered Since the commencement of the RAPID prog- two stages or options that were designed to meet ramme funding of \2.834 million has been allo- the requirements of communities in both of these cated by my Department through the Probation situations. Stage 1 offered pre-development sup- and Welfare Service in respect of proposals sub- ports and possible funding for organisations/ mitted under the RAPID programme in respect groups who were not yet ready to develop their of five Probation and Welfare Service projects. In proposals fully or utilise funds. The stage 2 pro- 655 Questions— 24 May 2006. Written Answers 656

[Mr. McDowell.] posals will be undertaken by Pobal on behalf of cess offered a direct application process to access my Department and it is expected that Pobal will funds to those organisations who could demon- make their recommendations to the Enhancing strate an ability to develop and deliver a CCTV Disability Services Expert Group by November programme immediately. of this year. I hope to be in a position to make Over \1 million in grant aid has already been an announcement about the projects which will allocated by my Department to 37 communities be funded by the end of the year. This provisional under the Scheme, of which over \900,000 has timetable is of course subject to change been allocated to 30 RAPID areas under both the depending on the number of applications submit- stage 1 pre-development (18) and stage 2 oper- ted for funding. ational (12) application process. Many of these areas could see their CCTV systems in operation Registration of Title. before the end of the year. I plan to make a further call for proposals 262. Mr. P. Breen asked the Minister for under the Scheme in the coming months. Justice, Equality and Law Reform when applications for a person (details supplied) in County Clare will be processed; and if he will make a Visa Applications. statement on the matter. [19999/06] 259. Mr. Noonan asked the Minister for Justice, Equality and Law Reform when a decision will Minister for Justice, Equality and Law Reform be made on an application for a holiday visa by a (Mr. McDowell): I wish to inform the Deputy person (details supplied); and if he will make a that I have requested the Land Registry to con- statement on the matter. [19939/06] tact him directly concerning the current position of the applications in question. I understand that, Minister for Justice, Equality and Law Reform in circumstances where the completion of an (Mr. McDowell): The application referred to by application in a particular case is urgent, the Land the Deputy was received in the Visa Office on 25 Registry will make every reasonable effort to April 2006. I am pleased to inform the Deputy facilitate such requests on receipt of a written that the visa application in question was approved explanation as to the reason underlying the on 22 May 2006. urgency.

Liquor Licensing Laws. Citizenship Applications. 260. Ms Harkin asked the Minister for Justice, 263. Mr. J. O’Keeffe asked the Minister for Equality and Law Reform if there are plans in Justice, Equality and Law Reform if his attention place to introduce new types of alcohol licences has been drawn to the need for the completion within the lifetime of this Government. of the application for naturalisation of a person [19945/06] (details supplied) in County Cork; if his attention has been further drawn to the difficulties which Minister for Justice, Equality and Law Reform will be created for them travelling and studying (Mr. McDowell): The Government Legislation abroad if their application for naturalisation is Programme provides for publication of the Sale not completed now; and if he will have the matter of Alcohol Bill later this year. This Bill will repeal investigated and as an exceptional measure the Licensing Acts 1833 to 2004, as well as the ensure that there is no further delay in the com- Registration of Clubs Acts 1904 to 2004, and pletion of this application. [20063/06] replace them with provisions more suited to modern conditions. The Bill will have regard to the Minister for Justice, Equality and Law Reform reform recommendations of the Commission on (Mr. McDowell): An application for a certificate Liquor Licensing and will update and streamline of naturalisation by the person referred to by the provisions relating to the licensing of different Deputy was received in the Citizenship Section categories of licensed premises. of my Department in August 2005. It has been assigned reference no. 68/3030/05. Officials in Disability Support Service. Citizenship Section are currently processing applications received in the first quarter of 2004 261. Ms Harkin asked the Minister for Justice, and, at the present time, there are just over 6,000 Equality and Law Reform the timetable for the applications awaiting processing before that of introduction of the innovation fund for disability the person in question. I will give consideration related projects; and if he will make a statement to the matters raised by the Deputy and will on the matter. [19946/06] respond to him directly. Minister for Justice, Equality and Law Reform Road Traffic Offences. (Mr. McDowell): The closing date for submitting applications under Phase II of the Enhancing Dis- 264. Ms O. Mitchell asked the Minister for ability Services Project Funding for 2007-2008 is Justice, Equality and Law Reform the procedures 14 July 2006. The appraisal of the project pro- which will allow a motorist who feels they have 657 Questions— 24 May 2006. Written Answers 658 been wrongly awarded penalty points on the ment made in Sustaining Progress to increase the roadside to subsequently appeal to the local age limit to 16 years in the case of a child with a Garda chief superintendent to have these points disability in accordance with the recommendation removed from their licence; and if he will make a of the Working Group. statement on the matter. [20064/06] Vocational Education Committees. Minister for Justice, Equality and Law Reform (Mr. McDowell): I am informed by the Garda 266. Mr. Bruton asked the Minister for Edu- cation and Science if she has received a report authorities that penalty points are not awarded ´ on the roadside. Where a person is issued with a from FAS on the special programme for return fixed charge notice for a penalty point offence, to education implemented in conjunction with the the notice sets out the amount of the fixed charge vocational educational committee for persons and the penalty points applicable to the offence. emerging from community employment schemes; The person has an option to pay the fixed charge if her attention has been drawn to the fact that and as part of the payment process completes a cutbacks have been implemented in the number declaration that he/she is aware of the contents of of days available for the education package form the notice. Where a payment is made An Garda three days to two days; the reason this has Sıóchańa notifies the Minister for Transport who occurred; and if she will make a statement on the is responsible for the endorsement of penalty matter. [19797/06] points on the entry in the licence record relating to the person. Where the person named in the Minister of State at the Department of Edu- notice opts not to pay the fixed charge then a cation and Science (Miss de Valera): Participants on the Community Employment Scheme prosecution is taken and where a person is con- ´ victed the Courts Service is responsible for notify- operated by FAS can be released half-time from ing the Minister for Transport, as in all cases the their work experience programmes to avail them- decision of the District Court may be appealed. selves of intensive literacy tuition organised by I am further informed that an individual may the Vocational Education Committees under the write to the Garda Sıóchańa Fixed Charge Pro- Return to Education Initiative. This arrangement cessing Office at 89-94 Capel Street, Dublin 1 and enables them to combine work experience and 10 request the removal of penalty points where: the hours per week literacy tuition. Each VEC, sub- individual named on the notification from An ject to its budget, decides the nature and extent Garda Sıóchańa to the Minister for Transport was of the further education service to be provided in not the person who committed the offence; the its area. alleged offence had no legal status; two notifi- In relation to the issue raised the following cations from An Garda Sıóchańa to the Minister explanation was received by my Department for Transport issued in respect of the same from the Irish Vocational Education Association (IVEA), the representative body for the 33 VECs offence; and the individual named on the notifi- ´ cation from An Garda Sıóchańa to the Minister in Ireland. The FAS/VEC Return to Education for Transport was admitted to the Juvenile Diver- Initiative has been delivered in VECs over the sion Programme (Part 4 of the Children Act past five years. The course has been successful in 2001) for the alleged offence. achieving its overall objective of providing literacy support. Nationally however, there has been some variation in the organisational arrange- Disability Support Service. ments of the Return to Education Initiative prog- 265. Mr. Ardagh asked the Minister for Justice, ramme. As a result, IVEA, on behalf of its Equality and Law Reform if there are proposals member VECs, and FA´ S undertook a review of to extend the age for parents of disabled children current practices in order to explore and improve to be able to take parental leave after the child is on areas of concern. These discussions concluded 17 and above, to facilitate persons (details in a new interim agreement in September 2005. supplied) in Dublin 12. [20065/06] The current Return to Education Initiative programme schedules 200 hours that can be deliv- Minister for Justice, Equality and Law Reform ered in a flexible manner by the provider. At the (Mr. McDowell): The situation of parents of chil- conclusion of the 200-hour programme, providers dren with disabilities was considered in the con- may request additional hours where it is felt that text of the review of the Parental Leave Act 1998 students require further support, which will be conducted by a Working Group chaired by my provided in agreement with FA´ S. Therefore pro- Department. The Working Group, which com- viders now have the opportunity, in certain prised the social partners, relevant Government situations to have in excess of the original 270 Departments and the Equality Authority, recom- hours, which is a significant improvement. mended raising the age of eligibility in respect of IVEA and FA´ S agree that these new proposals a child with a disability to 16 years in its Report provide a greater flexibility in the delivery of the published in 2002. Section 2 (2)(c) of the Parental Return to Education Initiative. IVEA views this Leave (Amendment) Act 2006, which was agreement as increasing, rather than decreasing, enacted on 18 May 2006, implements a commit- support to those who have specific needs around 659 Questions— 24 May 2006. Written Answers 660

[Miss de Valera.] will continue to get support in line with the level basic education. However, this is an interim of disadvantage among their pupils. agreement between FA´ S and IVEA, it will be I am sure the Deputy would agree that it is subject to change and development according to important to make sure that schools serving the regular monitoring and evaluation. most disadvantaged communities get all the extra support possible and will welcome the extra School Accommodation. resources that DEIS will provide for schools in Clare. It is precisely with this goal in mind that 267. Mr. Ferris asked the Minister for Edu- DEIS was designed. For example, over the years, cation and Science if he will make a statement on no less than 8 separate schemes for disadvantaged the future of a school (details supplied) in County primary schools have been put in place. Some Kerry. [19774/06] schools were benefiting from just one or two of these and others were benefiting from more. The Minister for Education and Science (Ms DEIS initiative is designed to ensure that the Hanafin): In recent years a new planning model most disadvantaged schools benefit from a com- was introduced for educational infrastructure to prehensive package of supports, while ensuring ensure that, in future, school provision is decided that others continue to get support in line with after a transparent consultation process. In this the level of disadvantage among their pupils. regard, trustees, parents, sponsors of prospective I can assure the Deputy that there is no reason schools and all interested parties from a locality for schools that haven’t been identified for the have the opportunity to have their voices heard new programme to worry as they will continue to in the process. get support in line with the level of disadvantage A draft area development plan for North among their pupils. No school has been told that Kerry, up to 2011, was published by my Depart- they will lose any resources as a result of DEIS. ment in April 2006. The Commission on School A review mechanism has been put in place to Accommodation is currently engaged in a public address the concerns of schools that did not qual- consultation process to which all interested par- ify for inclusion in the School Support Prog- ties can make submissions. The closing date for ramme but regard themselves as having a level of receipt of submissions relating to the North Kerry disadvantage which is of a scale sufficient to war- Plan is 24 May 2006. All of these submissions are rant their inclusion in the Programme. This mech- considered by the Commission and are also pub- anism will operate under the direction of an inde- lished for public information. This process will pendent person, charged with ensuring that all culminate in the publication of a Final Area relevant identification processes and procedures Development Plan which will provide a blueprint were properly followed in the case of schools for educational provision in the area for the next applying for a review. The school referred to by decade, against which all capital funding decisions the Deputy has submitted a review application. It including the application for capital investment in is intended that the review process will be com- the school referred to, will be made over the completed by the end of the current school year. ing years. Consultancy Contracts. Disadvantaged Status. 269. Mr. Naughten asked the Minister for Edu- 268. Mr. P. Breen asked the Minister for Edu- cation and Science if she will furnish a reply to cation and Science the reason an application for Parliamentary Question No. 1292 of 25 January DEIS by a school (details supplied) in County 2006; the reason for the delay; and if she will Clare has been excluded by her Department; and make a statement on the matter. [19794/06] if she will make a statement on the matter. [19776/06] Minister for Education and Science (Ms Hanafin): The information requested by the Minister for Education and Science (Ms Deputy has now been finalised and is set out in Hanafin): I wish to assure the Deputy that no the tabular statement below. This provides a full school has been told that they are going to lose listing of all contracts in the years concerned any of the resources that they have been receiving together with the relevant details. The infor- under existing schemes for tackling disadvantage mation in respect of 2006 is based on financial as a result of the introduction of the new DEIS provision for the respective projects. Because of initiative. On the contrary, the new School Sup- the scope and detailed nature of the information port Programme is aimed at providing even more sought, it was necessary to undertake a compre- extra resources for the most disadvantaged hensive trawl of all units of my Department. A schools in the country. Schools that did not qual- considerable amount of cross-checking and co- ify for the new programme will keep the extra ordination was also necessary. The overall pro- resources they are getting under existing schemes cess took longer than anticipated and the delay for the 2006/07 school year and after that they involved is regretted. 661 Questions— 24 May 2006. Written Answers 662 £ 249,036 Year 1997 Voluntary Secondary Schools amalgamating vocational education committees in Education Assistance Scheme Personnel System Total Consultants, Experts, Advisers Purpose Cost Reports Implemented The totals for 1997-2000 inclusive are given in Irish Punts £. Anne ColganC.D.U. CrumlinCommission on Points SystemCoopers & LybrandDermot RochfordDr. Maurice Bric ExaminationFormscan of Points SystemHay Management Interview Board Database (Asst forM.S. Chief Chemicals Breathnach Inspector) in Schools Review ofNoel Financial Recruitment Guidelines, Accounting & Auditing Practices in PrimaryOliver & Review Freaney of functions and administrativeQuest staffing/organisational Computing structures in Humanities and 22,796The Social Learning Sciences Organisation Research: A CaseThomas for McCarthy a Preparation Research of Yes Council Competency ModelWest for Dublin Director, Exams Education National Branch: Centre Centre Scanning 10,229 for of Technology markings Facilitator — Amalgamation of Organisation VEC’s of Recruitment Yes ofNote: Employee Assistance Officers for the 1,815 Employee Schools 4,500 Yes IT Accountancy 2000 Services Project Leaving Cert Applied Report Yes Validation on Programme the Yes Post future — development 19,791 Primary of 108,709 Teachers Primary Education in Yes Mallow Facilitation 363 Deed of N/A Trust Yes 6,003 N/A Yes N/A Yes 10,527 N/A Partial N/A 2,929 N/A N/A Yes 5,510 13,416 N/A N/A N/A Yes N/A N/A 14,228 27,300 Yes N/A 920 N/A Yes N/A N/A 663 Questions— 24 May 2006. Written Answers 664

[Ms Hanafin.] £ 609,025.60 ireann 2,500 Yes In Liquidation ´ ochta E ´ Year 1998 m 26,620 Yes Yes ´ id Teangeolaı ´ Bodies under the aegis of the Department under the aegis of the Department Total in Expenditure Review of Institu ´ hUallacha ´ Consultant, Experts, Advisers Purpose Cost Reports Implemented amus O ´ Ad-hoc Advisory GroupARCLINECIRCA GroupDermot MorrisDermot RochfordDr. Peter RenshawDr. Se Report onFrank Task Bannister Force on the SupplyFrank of Pignatelli TechniciansMcBains CooperNUI — Maynooth ArchivalOliver Implementation Work Freaney of — & Public EDP Co. Services & Mngt AnPA Interview Act, Gu Consulting Boards 1997 KVEC Group — Amalgamation Psychologists Irish Academy forPrice the Waterhouse Performing ArtsProspectusSean Year Nolan 2000 SeminarSequel Schools Technology Points Based System Health ofSoftware & Priority Paths Safety 254,640 Manual Adult Education AccountancySunglen — Services Consulting Green Paper Monitoring of Yes Progress in achieving YearWRC 2000 Social & & EURO Economic Compliance Consultants by Public Value for Money Assignment 20,631 Women’s Education 19,612 Yes Initiative Yes Conversion Business Consultancy Planning — Process Year 2000 N/A Irish Academy for the Performing Monitoring Arts of Extraction Progress of in data achieving from Year ORACLE 2000 database 1,000 Compliance 4,115 by Public Bodies Yes N/A N/A N/A 9,190 23,782.60 Yes 8,555 Yes N/A N/A N/A 34,000 1,200 Yes 9,925 Yes Yes N/A 54,600 No N/A N/A 102,598 6,504 20,100 N/A 2,500 N/A Yes 908 N/A Yes Yes No N/A 6,045 N/A Yes N/A Yes N/A Yes N/A Yes 665 Questions— 24 May 2006. Written Answers 666 £ 279,649 Year 1999 m 70,210 Yes Yes ´ contribution of the proposalsScience’s contained initial in outline the ofand Department priority Community of needs Support Education for Framework & the for National the Development period Plan 2000-2006 Total UCD To assess both quantitatively and qualitatively the social and economic 4,750 Yes N/A \ Consultants, Experts, Advisers Purpose Cost Report Implemented ARCLINEBuilding Design Partnership LtdDeloitte & ToucheEconomics Dept Report onErnst Provision & of Young Electrical Supply toHay Specialist ManagementOliver Freaney & Co.Prospectus ArchivalWRC Records Organisational Social — Review & EDP of Economic & the Consultants An DepartmentWRC Gu Social & Economic Consultants Review of VTOS Women’s Education Initiative Review Interview of — Structures Accountancy Psychologists in Services the Building Unit 3,700 N/A Business Planning — Review of Special Education Unit N/A 25,477 Yes 10,605 69,824 Partially Yes 20,100 Yes Yes 2,904 17,480 54,599 No Yes Yes Yes N/A N/A No Partially N/A 667 Questions— 24 May 2006. Written Answers 668

[Ms Hanafin.] £ 19,360 N/A N/A 850,812.89 Year 2000 \ Total Goodbody Pilot PPP Education Projects (Five PPP Schools and Cork School of Music) 103,665.99 Yes Yes in Interim Review of Institutes of Technology 1,100 N/A N/A /A&L ´ hUallacha ´ Consultants, Experts, Advisers Purpose Cost Report Implemented The totals for 2001-2006 inclusive are given in Euro amus O ´ C. SheffieldCRC, Trinity CollegeCRC, Trinity CollegeCrowleys — DFKDeloitte & ToucheDennehy AssociatesDermot RochfordDermot RochfordDermot RochfordEileen Evaluation Costello of Early SchoolERC, Leavers Preparation St. Initiative of Pat’s National Drumcondra Youth EmployeeErnst Work Assistance & Development Service Young Plan ReviewEustace Patterson ESF Ltd verification report OrganisationalFarrell review Grant PR Sparks Consultancy Farrell Grant SparksFarrell Review Grant of Sparks the Pilot EmployeeInishowen Staffing Assistance Technology resource Scheme and Research organisational on needs 8-15Lesley Staffing of Early Dee needs NQAI, School of HETAC Leaver admin and Initiative office FETACNoel in Lindsay Tourism College, Killybegs ConsultancyNUI — — Inventory Maynooth System ReviewOliver of Freaney Gaisce & Co ReviewPhilip of 54,300 Lee 14,336.08 Report Work Solicitors on in Tralee theProspectus IT Building under Unit PPP 52,810.89 Section DES Project 20 Launch Yes of YesProspectus RTC Act 1992 School informationProspectus and Yes communication technologySe Sean Cromien 4,089.90Todd Architects 4,090 Yes Yes OrchardTony Adult Cope Bromwell Education 8,894 Saving Foundation 3rd Yes — & Level Green loan Finance & YesWRC fund accountancy Yes White Social for Papers & adult Consultancy 111,117 Economic & — Consultants continuingWRC Vet N/A education Social School & Economic ConsultantsWRC Social Yes & 70,654.81 Economic Consultants 32,017.18 Review of Business VTOS 35,214 Planning Yes and Yes Partnership Women’sNote: in Education N/A Review DES Initiative of Yes Special Education Improving N/A Yes Effectiveness Staff of survey VTOS on internal communications 15,695 Review 15,137 Yes 1,625 of Masterplan Department — of Portlaoise Education operations & N/A structures Review of Yes Yes Yes Safety Procedures in Lisnagry, Co.Limerick Partially Yes 2,000 15,157 N/A 18,297.79 Yes Yes 35,000 Project Specific Yes No Yes 16500 19,950 5,075 17,949 No Yes Yes 2,934.25 Partially Yes N/A Yes Yes 3,534 Yes 23,262 Yes 29,140 20,100 Yes 26,645 Ongoing Yes Yes Yes No Yes 11,654 Yes Project Specific 59,508 Yes Yes Yes Yes Partially N/A Yes Yes Yes 669 Questions— 24 May 2006. Written Answers 670 \ 1,061.74 N/A N/A 10,000.00 Yes Yes \ 1,473,307.57 Year 2001 Total GoodbodyGoodbody Report on the Strategic Development Five Site PPP for Schools education & & Cork health School purposes of Music 120,625.12 Yes Yes 164,537.10 Yes Yes A & L Goodbody Pilot PPP Education Projects (National Maritime College) 336,480.00 Yes Yes s/A&L s/A&L Fiachra OECD INES network C — developing a new governing structure for ERC 10,270.89 N/A N/A Consultants, Experts, Advisers Purpose Total Cost Report Implemented ´ nO ´ Anne ColganConor Galvin/ Bryn HolmesDeloitte & ToucheDeloitte & ToucheDeloitte & Touche / Dennehy AssociatesDermot Rochford ResearchDominic Consultancy McCanny on ICT Usage inEducational Schools Research CentreElizabeth Waters DES Task ForceEustace on Business Patterson Autism Analysis Ltd & Development ofFarrell Specification the Grant and Financial Sparks selection Management of Function FMSFarrell System Grant Spark PR ConsultancyFarrell Grant Evaluation Spark of the soleGartner use Group VEC of staffing the study answer questionsInstitute Investigation 88,854.00 in of for Apprentice Leisure Personnel Tests & Unit Amenity (DES)Jonathan (ILAM) Williams YesJordan Akustik Contribution Lifelong to Learning study Consultation ofKevin PE FIT Leonard Halls Financial 5,078.95 adviceMcCann re: Fitzgerald European Investment Bank 47,989.78 refinancingMcIver of Consulting PP Yes ProjectsMichael Yes Collins Yes and AssociatesNational Women’s CouncilNiall Research Fitsimons Advisory & Services Co. 63,000.00Price 42,418.00 Editing Waterhouse of Coopers reports Yes Prospectus Yes Yes Ongoing CorkSea Architectural School advice of Music SeminarTony Management on Bromwell Consultancy Public NEPS Procurement Administration TechnicalWRC Review support Social of for & PLC education Economic Sector equality Consultants 2,618.75 initiativeWRC Social & Economic Consultants Yes Review Yes of N/A financial Site guidelines Report on St. Finbarr’s, Women’s Farranferris Education 126,338.94 Initiative Independent assessment 13,500.00 of 85,982.85 the young N/A people’s facilities and services 8,853.71 fund Yes Yes N/A Internal Customer Action Yes Plan and Review Business of Planning Safety Procedures in Lisnagry, Co. Limerick N/A 29,010.98 5,325.64 106,072.15 N/A Yes Yes 33,065.13 Yes Partially N/A N/A 4,207.38 Yes 886.73 32,886.22 5,561.45 No Yes 7,102.91 N/A 7,618.43 N/A N/A No Yes Yes 11,995.03 88,722.00 2,441.71 Yes 10,801.98 Yes Yes Yes Yes N/A N/A Project N/A Specific No N/A Yes Ongoing Yes N/A 671 Questions— 24 May 2006. Written Answers 672

[Ms Hanafin.] \ 751.73 N/A N/A 3,840.79 N/A N/A 1,633,109.70 Year 2002 Total Goodbody Pilot PPP Education Project (National Maritime College) 98,500.00 Yes Yes e/A&L Consultants, Experts, Advisers Purpose Total Cost Report Implemented ine Hyland Preparation of Eurydice Dossier 3,174.00 Yes N/A ´ A & L GoodbodyAHEADA Anne TuffyCynthia DeaneDeloitte & Touch Deloitte & ToucheDennehy AssociatesDermot Rochford PPP Projects Dominic McCannyEustace Patterson LtdHelen Leonard Review of disabilityIrish needs Project in Supervisors further Ltd education ReportJohn Educational on Coolahan Disadvantage European Forum SchoolsJohn Verification Coolahan Programme for PR ESF-aided Consultancy ProgrammesMazars 2000-2001 Consulting VEC sectorMazars McIver Study of VEC staffingMcIver Investigation structure Consulting for & Contribution Personnel job to Unit evaluation study Report: DES of of HealthNational librarian FIT & Women’s (St Safety Council Catherines) Spec 21,454.51 & RiskOccupational Assessment Health for Consultants window cleaningProfessor Survey Iseult to Yes McCarthy evaluate pay ofProfessor library Thomas staff 4,830.00 Mitchell in St. Catherine’sProject Preparation Management of Limited Eurydice Dossier YesSean OECD Corepay Glenane Report support Asbestos 38,000.00 on lecture Teachers TechnicalUniversity 3,810.05 support Limerick for (Frank education McGourty) Yes equality Yes initiativeVivian Assessment Review Cassells of of staffing PLC requirement sector Yes of National Art Adult Teachers Learning Diploma Council Review Research on Work Laboratory for Yes Pilot Design the Schools & Irish Inventory Equipment Academy Project for 5,050.00 the Performing Arts 7,180.86 Yes Yes Yes 3,807.36 4,695.00 Yes 523.75 Yes OECD Yes INES Project Yes 38,443.65 7,682.00 Report Yes on European Schools 87,000.00 N/A N/A Yes Yes Yes Ongoing 8,583.00 N/A 3,900.00 104,055.00 Yes N/A 6,300.00 N/A Yes Partially N/A Yes 7,503.82 22,997.18 1,092,749.00 48,164.00 N/A Yes N/A N/A N/A N/A Yes Yes N/A N/A N/A Ongoing 7,180.86 2,933.14 No N/A N/A N/A 673 Questions— 24 May 2006. Written Answers 674 \ 843,666.50 Year 2003 Total Goodbody Pilot PPP Education Project (National Maritime College) 60,218.00 Yes Yes e/A&L Consultants, Experts, Advisers Purpose Total Cost Report Implemented AccentureAshby Food Safety Associates LtdBruce Shaw Safety ManagementCooney CareyDatanet LtdDeloitte & Tendering Touch process for lightDr. restaurant Jane equipment Pillinger Health &Dr. Safety Joe Revised McHugh ProceduresDr. Maeve MartinEoghan BoyleFitzpatrick Advice Associates & Assistance in theGiant implementation Accountancy of Services a Financial MngtIndecon System Consultants Study of schools’ transitionalIPA difficulties following phasing out Feasibility of StudyIseult CE on Mc Schemes Providing Carthy For Broadband Work Connectivity on toJJ Equality/Diversity Schools Dwyer booklet & Associates Reports onJohn 99,950.00 Cork Coolahan Northside Desk 37,401.00 centre study Reading 1,452.00 for on Recovery Higher MontessoriJosephine Study Education teacher Impact O qualifications Assessment Donnell of No EU YouthKaren No Programme Bacon Europe N/A at SchoolMazars McIvor Interim evaluation ofMichael Socrates Collins Programme and Associates 78,794.74OECD 2,178.00Precision Marketing Yes Review No Information of Ltd Partnership N/A Europe No in Yes atPrecision the School Marketing Department Information LtdPrice Waterhouse Cooper Provision of Providing CareerTalbot quality Compilation Architectural Guidance Associates service/ of advice Services Ltd Implementation National Census 6,348.69 to of Dossier of the devolved for schools EuropeanValarie control Eurydice — Schools Considine set Reports up from and Yes census data capture Yes costs Yes Provision of Career Assessment 6,300.00 Guidance 2,904.00 of Services staffing to requirement the of European National Schools Adult 58,322.00 Learning Council Yes Yes Audit of enrolments Yes and release time scheme Project in Specific primary Review schools of 96,300.00 Review Higher of 13,705.00 Education supply in 760.00 teacher Ireland scheme 42,253.00 Yes Ongoing N/A Accountant Guidelines in No 850.00 DES Yes Yes 9,740.50 190.00 Yes Yes 6,087.51 8,583.00 No 57,000.00 833.05 N/A N/A N/A Yes N/A Yes No No Yes Yes N/A 819.35 28,059.97 N/A N/A N/A No N/A N/A 9,666.69 100,000.00 Yes Yes 114,300.00 Yes N/A N/A N/A Yes No 650.00 N/A N/A 675 Questions— 24 May 2006. Written Answers 676

[Ms Hanafin.] \ 6,994.90 Yes N/A 10,073.25 N/A N/A 981,469.52 Year 2004 Education Strategy to assist in drafting the strategy of Music PPP Project Total GoodbodyGoodbody Consultancy Services to achieve contractual and financial close Value to for Cork money School assessment for Cork School of Music revised output 114,950.00 spec. Yes 95,000.00 Yes Ongoing Yes s/A&L s/A&L Riain Contracted as External person by the Joint Working Group for the Traveller 30,000.00 Yes In progress Connor European Year of Education through Sport 5,000.00 Yes Yes ´ ´ Consultants, Experts, Advisers Purpose Total Cost Report Implemented id O ´ Development. Advanced Organisation & ManagementAshby Food Safety Associates LtdButler Group Colloquium on Higher EducationButler Group UKC. Moore & Associates LtdCahill’s Sport Emporium Catering ServicesCarr Audit CommunicationsCarr CommunicationsClare Cunningham, Rockfinch LtdCloncar Consulting InternationalCoady Partnership Architects Advice reCynthia expenditure Deane review — initiative Options on ConsultingDatanet school Preparation Ptinum Ltd Evaluation buildings of Subscription of Council speech Service Project of material Proposal EuropeDundalk Report Institute — of Language Technology Election Facilitation Educ. of at PolicyExpert Teaching official Country Report Council function Profile OECD Members Preparation Study Advice, of supportFarrell Strategy & Grant Statement assistance Spark for for NEPS Department Your of Education Education System & (Y.E.S.) ScienceFarrell process Furniture Grant Review Spark Gartner Review of the operationGearo 7,275.13 of the 2004 Schools 5,232.00 Building Programme 114,578.31 Attracting,IPA Developing Yes 2,400.00 and Retaining Effective TeachersJohn Yes Coolahan Yes YesJohn Coolahan Assistance to Schools BroadbandMazars Steering GroupMcIver Consultants/Steering Committee 2,178.00MRBI N/A 17,500.00 49,542.39MRBI Yes N/A N/A Re-expenditure of N/A MRBI ICT Undergraduate Yes Skills 10,011.30 Programme YesPolaris Human Resources 7,250.00 22,136.21Precision Evaluation Marketing of N/A 11,676.56 Information Project 18,725.60 900.00 Ltd ProposalSoftex N/A Yes Eurydice 1,900.00 N/A Torlach Dossier Yes O N/A N/A OECDValarie Report Ongoing Considine Yes Yes Reports Providing from quality Census service/ Implementation of 252,855.00 devolved control N/A Review Finance N/A of Unit Gender support Mainstreaming N/A Yes in DES N/A N/A N/A 35,438.75 Qualitative Depths Yes Yes Postal Survey Customer Service Survey Yes Accountant in 12,705.00 DES Consultancy on Quality Customer N/A N/A Service (QCS) targets 49,178.03 N/A Yes 11,090.33 Yes 5,151.60 2,420.00 No 4,635.51 Yes N/A N/A 7,461.40 Yes N/A 8,712.00 10,073.25 N/A N/A N/A Yes N/A 48,425.00 N/A N/A N/A Yes N/A 677 Questions— 24 May 2006. Written Answers 678 \ Year 2005 preparation of its final report Music PPP Project Level Schools Goodbody Consultancy Service to achieve contractual and financial close to Cork School of 447,700.00 Yes N/A s/A&L Consultants, Experts, Advisers Purpose Total Cost Report Implemented Development A & L GoodbodyAdvanced Organisation & ManagementAMAS ColloquiumArchives on Consultancy Higher Services Education LtdBarrister-at-LawBrid McGrathCaroline HusseyClare Record Cunningham, Management Rockfinch Workshops Ltd YouthCloncar Information Consulting Provision International ReviewColumb CollinsCynthia Deane — Options ConsultingCynthia Council Deane of — Europe Options Report Consulting — Language Educ. Election Barrister Policy of toDatanet Country Teaching advise Ltd Profile Council Advice Department Members & Preparation Guidelines of onDenis Strategy writing Healy Statement for for the Report Contracted NEPS web on by on Adjudication theDr. the a Panel development Richard statutory restricted of of Boyle Educational website Courses a Disadvantage library Committee serviceDundalk to in Institute assist NEPS of in TechnologyFarrell Grant Spark 6,684.00 Adjudication Panel 1,936.00 ofInsight Courses 13,600.00 Statistical Consulting LtdInsight Yes Statistical Consulting Yes Ltd Yes 19,979.04 Review of Primary/Post PrimaryJohn Schools Coolahan Building Programme 2004 Yes 57,626.25 4,840.00 Support & Advice External Survey to Quality Analysis Schools Assessor for Adjudication Yes Broadband — Primary Panel Steering Expenditure Inspectorate of N/A Group Yes review Evaluation Courses Initiative of N/A the 6,175.00 Impact Yes of ICT on Teaching and 12,219.13 Learning 14,211.94 in N/A First Yes and Second 17,500.00 N/A N/A N/A 63,305.00 N/A 19,211.98 Yes N/A Yes UNESCO 11EP N/A Study 3,500.00 Visit 107,769.00 N/A 2,904.00 N/A No N/A Yes Yes 5,260.78 N/A Ongoing No 6,050.00 N/A Yes Yes Yes 7,382.64 N/A No N/A N/A 310.00 No N/A 679 Questions— 24 May 2006. Written Answers 680

[Ms Hanafin.] \ 1,219,841.89 continued Year 2005— Programme Teacher Education and related activities Total in NEPS/School Protocol in Grievance Cases 1,650.00 N/A N/A ´ Ciara ´ Consultants, Experts, Advisers Purpose Total Cost Report Implemented John HaydenKnowledge WorksLaurence O MazarsMichael Beirne BLMcCann Fitzgerald SolicitorsMcIver ConsultantsMcIver ConsultantsMORI Ireland Technical Writers to AdjudicationPrice produce Panel Waterhouse Section of Cooper 15 Courses Reference Form Manuals of Building Contract forTheta use Eta on Advisors Design Ltd & Local Build InquiryTorlach projects under O’Connor Section 105 of VECTorlach Act O’Connor 1930 Funding Finance Review Unit ofValarie Support the Considine Youth Market Sector Research for report of Expenditure Examination Review of of the ICT application Undergraduate of Skills state funding to MIE for 4,840.00 Customer the Survey purpose 35,438.75 on of DES behalf Accounting of Review the 21,175.00 DES Inspectorate N/A Yes Yes Future Objectives National Report Local 84,700.00 Inquiry under Section 105 of Accountant VEC in Act DES 1930 Yes 20,033.29 N/A Yes Yes Yes 4,266.90 No Yes 71,683.76 10,317.67 Yes Draft Stage Yes N/A 4,065.00 N/A 23,208.76 Yes Yes Yes 10,400.00 4,598.00 Yes N/A Ongoing Yes 105,300.00 N/A N/A See 2006 N/A 681 Questions— 24 May 2006. Written Answers 682 \ 731,242.75 Year 2006 ireann Overhead Charges 20,000.00 ´ Total Consultants, Experts, Advisers Propesed Consultancies Total Cost Report Implemented A & L Goodbody, SolicitorsBarrister-at-LawInsight Statistical Consulting LtdMazarsMcIver ConsultantsNot Known yet YouthNot Information Known Provision yet Review Evaluation ofNot ICT Known Uses yet in SchoolsNot Known yetNot Known yet Barrister to adviseNot Department Known yetNot Known yet FundingNot Review Known of yet the Youth SectorNot Known yet CorePayNot Expenditure Payroll Known re: System yet Survivors of InstitutionalNot Adjudication Abuse Known of yet Panel for RegistrationValarie Review of Considine of Courses Bus E Children Detention Schools Website architecture/Records Management CEO for proposed centre for Psychological Autism 6,503.75 Consultancy in Specialised Areas Programme Evaluation 38,424.00 Draft Stage Males into Primary Teaching Employee Yes Assistance Service for teachers Local Employment Inquiry N/A of under an Section Accountant 105 69,473.00 of VEC 10,000.00 Act 17,342.00 20,000.00 N/A Ongoing Draft Stage 50,000.00 N/A N/A 40,000.00 6,000.00 Yes 21,000.00 37,500.00 Not Known yet Not Known yet Ongoing 200,000.00 75,000.00 120,000.00 N/A N/A 683 Questions— 24 May 2006. Written Answers 684

270. Mr. Kenny asked the Minister for Edu- and build upon, a number of existing inter- cation and Science the name of the company ventions for schools and school clusters/ com- awarded and the contract price agreed by her munities with a concentrated level of educational Department in regard to the translation of a disadvantage. A substantial number of schools report (details supplied); and if she will make a selected for the programme are either in, or serv- statement on the matter. [19799/06] ing, RAPID communities.

Minister for Education and Science (Ms School Staffing. Hanafin): The contract for the translation of the Harris report — Irish in Primary Schools: Long- 272. Ms O’Sullivan asked the Minister for Edu- term National trends in Achievement was cation and Science the percentage of post- awarded to Europus Teoranta, An Cheathru´ primary teachers who are in promotional posts; Rua, Co. na Gaillimhe. The contract price agreed the breakdown of those percentages according to was \160.00 per 1000 words. The total estimated age-bracket, gender and type of school; and if she cost for translating the report which contains will make a statement on the matter. [19932/06] 80778 words in total and including VAT at 21% will amount to \15,638.62. Minister for Education and Science (Ms Hanafin): The information requested by the Deputy is being compiled at present. I will arrange for the information to be forwarded Community Development. directly to the Deputy. 271. Mr. O’Shea asked the Minister for Edu- cation and Science the additional funding spent 273. Mr. Connaughton asked the Minister for in the targeted areas of disadvantage in the State Education and Science if her attention has been under the RAPID programme on projects not drawn to the fact that from the 1 September 2006 outlined in the national development plan by her a school (details supplied) in County Galway will Department; and if she will make a statement on lose a teacher despite the fact that on that day, the matter. [19926/06] this school will begin usage of their four newly constructed classrooms and that it will be reduced Minister for Education and Science (Ms to a three teacher school; if her attention has Hanafin): The RAPID programme is designed to further been drawn to the fact that the pupil harness the opportunities and resources of the intake at the school this year indicates that a national development plan through the front teacher will be made available again in loading and prioritisation of investment in the 45 September 2007; and if she will make a statement disadvantaged communities (25 urban areas and on the matter. [19973/06] 20 provincial towns) identified in the programme. In accordance with the aims of the RAPID Minister for Education and Science (Ms programme, my Department endeavours, where Hanafin): The mainstream staffing of a primary possible, to frontload resources to support pro- school is determined by reference to the enrol- posals relating to RAPID areas. ment of the school on 30th September of the pre- While my Department’s response to the vious school year. The actual number of main- RAPID programme is co-ordinated by the stream posts sanctioned is determined by Regional Offices Service, which acts as a point of reference to a staffing schedule which is issued to contact between the RAPID Area Implemen- all primary schools each year. tation Teams and my Department, any expendi- According to data submitted to my Depart- ture on proposals relating to RAPID are incor- ment by the Board of Management of the school porated into the existing budgets of the referred to by the Deputy, the enrolment in the Department. As a consequence, it is not always school on 30th September 2005 was 76 pupils. In possible to identify the exact spend on RAPID accordance with the staffing schedule (Circular to date. 0023/2006), which has issued to all primary However, my Department’s new action plan schools and is also available on my Department’s for educational inclusion — DEIS (Delivering website at www.education.ie, the mainstream Equality of Opportunity in Schools) aims to staffing in the school for the 2006/07 school year ensure that the educational needs of children and will be a Principal and 2 Mainstream Class young people, from pre-school to completion of Teachers. upper second-level education (3 to 18 years) from To ensure openness and transparency in the disadvantaged communities are prioritised and system an independent Appeal Board is now in effectively addressed. The new plan will involve place to decide on any appeals. The criteria under an annual investment of some additional \40m on which an appeal can be made are set out in full implementation in 640 primary schools, com- Department Primary Circular 24/06. prising of 320 urban/town schools and 320 rural The Board of Management of the school schools, and 200 second-level schools. referred to by the Deputy, has submitted an These will be included in a new School Support appeal to the Staffing Appeal Board. The appeal Programme (SSP). The SSP will bring together, will be considered by the Appeal Board at a 685 Questions— 24 May 2006. Written Answers 686 meeting which is scheduled to take place on in Dublin 12 will receive funding for the second Thursday 25th May 2006. The Board of Manage- and subsequent years for a course. [19975/06] ment will be notified of the outcome of the appeal as soon as possible thereafter. Minister for Education and Science (Ms The Appeal Board operates independently of Hanafin): My Department funds three means the Minister and my Department and its decision tested maintenance grant schemes for third level is final. education students in respect of attendance on I am sure the Deputy will appreciate that it approved courses in approved third level insti- would not be appropriate for me to intervene in tutions and one grant scheme in respect of Post the operation of the independent Appeal Board. Leaving Certificate courses (a) The Higher Edu- cation Grants Scheme; (b) The Vocational Edu- School Accommodation. cation Committees’ Scholarship Scheme; (c) The Third Level Maintenance Grants Scheme For 274. Mr. Connaughton asked the Minister for Trainees; (d) Maintenance Grants Scheme for Education and Science the reason members of Students attending Post Leaving Certificate the staff of her building unit at Tullamore, (PLC) Courses. County Offaly will not meet the board of man- The decision on eligibility for third level grants agement and parents representatives of a school is a matter for the relevant Local Authority or (details supplied) in County Galway, in view of VEC. These bodies do not refer individual appli- the fact that there is overcrowding in the school; cations to my Department except, in exceptional and if she will make a statement on the cases, where, for example, advice or instruction matter. [19974/06] regarding a particular clause in the relevant scheme is desired. It appears that no such advice Minister for Education and Science (Ms or instruction has, to date, been sought in the case Hanafin): An application for capital funding of the student, referred to by the Deputy. towards the provision of an extension to provide Officials of my Department have contacted additional classroom and ancillary accom- both City and County Dublin VEC and they have modation has been received from the school. The no record of receiving an application from the project, as will all other applications for school candidate in question. The candidate should development work, is assessed in accordance with therefore apply to the relevant awarding body in the prioritisation criteria for large scale building the first instance. projects which, as the Deputy will be aware, was If an individual applicant considers that he/she published following consultation with the Edu- has been unjustly refused a maintenance grant, or cation Partners. that the rate of grant awarded is not the correct My Department is currently examining enrol- one, he/she may appeal to the relevant Local ment and demographic trends in the area in order Authority or VEC. to determine the longterm projected staffing fig- Where an individual applicant has had an ure on which the the school’s long term accom- appeal turned down, in writing, by the relevant modation needs will be based. When this examin- Local Authority or VEC, and remains of the view ation is complete a decision will be taken on how that the body has not interpreted the schemes best to meet the school’s longterm needs and any correctly in his case, a letter outlining the position building project required will be progressed in the may be sent to my Department. Alternatively, as context of the School Building and Modernis- already indicated, the Local Authority or VEC ation Programme 2006 — 2010. may, itself, in exceptional circumstances, seek My officials have recently received a request clarification on issues from my Department. for a meeting from the Board of Management. However, it is not open to me, or my Depart- Upon completion of the aforementioned assessment, to depart from the terms of the mainten- ment process my Department will be in further ance grants schemes in individual cases. contact with the school authorities in relation to Apart from the funding provided through the their application and their request for a meeting. Student Support Maintenance Grant Schemes, I would also like to take this opportunity to financial assistance is also available from my advise the Deputy that this school also applied Department through the Student Assistance under the Additional Accommodation Scheme Fund. The objective of the Fund is to assist 2006. The school authority were notified in March students, in a sensitive and compassionate man- 2006 that my Department was prepared to ner, who might otherwise, due to their financial approve the rental of two mainstream classrooms circumstances, be unable to continue their third as the school authority were using their General level studies. Further information on this fund is Purpose room to accommodate these classes. The available from the Student Access Officer at the Form of Acceptance from the school is currently College being attended. awaited in my Department. Special Educational Needs. Higher Education Grants. 276. Mr. Howlin asked the Minister for Edu- 275. Mr. Ardagh asked the Minister for Edu- cation and Science the plans which are being put cation and Science if a person (details supplied) in place for young adults with autism currently in 687 Questions— 24 May 2006. Written Answers 688

[Mr. Howlin.] supplied) in County Kilkenny; if she will expedite a school (details supplied) in County Wexford the application. [19988/06] who are now over 18 years of age to continue with their education; and if she will make a state- Minister for Education and Science (Ms ment on the matter. [19976/06] Hanafin): The School Planning Section of my Department is in receipt of an application for Minister for Education and Science (Ms major capital works from the management auth- Hanafin): I wish to advise the Deputy that the ority of the school to which the Deputy refers. Health Service Executive (HSE) has direct The application has been assessed in accordance responsibility for provision for young adults over with the published prioritisation criteria for large eighteen years of age with special needs. The scale projects and has been assigned a Band 2 rat- Deputy will be aware that part 2 of the Disability ing. Progress on the proposed works is being con- Act 2005 provides a statute-based right to an sidered in the context of the School Building and assessment of disability-related health, personal Modernisation Programme from 2006 onwards. social service and education needs. My Department is unaware of any specific 279. Mr. P. Breen asked the Minister for Edu- issue relating to the matter raised by the Deputy. cation and Science further to Parliamentary However, my officials will make early contact Question No. 494 of 4 April 2006, if a decision with the school concerned to clarify the matter. has been reached regarding an application for a resource room for a school (details supplied) in School Transport. County Clare; and if she will make a statement 277. Mr. McGuinness asked the Minister for on the matter. [19990/06] Education and Science if she will ensure that school bus transport is provided for persons Minister for Education and Science (Ms (details supplied) in County Kilkenny; the reason Hanafin): The Deputy will be pleased to learn the service was discontinued in each case; if she that the school referred to has been allocated will expedite a response; and if she will make a funding under the Permanent Accommodation statement on the matter. [19987/06] Scheme 2006 to provide a resource room at the school. This is in addition to the funding already Minister of State at the Department of Edu- approved under the Scheme for the provision of cation and Science (Miss de Valera): Bus an additional mainstream classroom. E´ ireann, which operates the School Transport Service on behalf of my Department, has advised School Staffing. that a number of pupils attending the school 280. Dr. Cowley asked the Minister for Edu- referred to in the details supplied were availing cation and Science the reason a school (details of concessionary transport. supplied) in County Mayo is to lose the equiv- I should point out that concessionary transport alent of two teachers and many other essential is not guaranteed. Pupils availing of such trans- school activities due to the withdrawal of funding; port may only do so if spare seats are available her views on whether this is a severe blow to this on school buses and this is determined on a term- school which is in a deprived area; the reason to-term basis by reference to those who are fully same is happening; and if she will make a state- eligible for transport under the terms of the ment on the matter. [19991/06] school transport scheme. The introduction of one-for-one seating Minister for Education and Science (Ms arrangements on school transport services does Hanafin): I want to state emphatically that no not necessarily mean that concessionary transport school has been told that they are going to lose will be discontinued. However, parents of pupils any of the resources that they have been receiving should check in advance of the school year to under existing schemes for tackling disadvantage ascertain the position regarding the availability of as a result of the introduction of the new DEIS concessionary transport on school buses. initiative. On the contrary, the new School Sup- Significant investment has been made by the port Programme is aimed at providing even more Government to address capacity shortfalls arising extra resources for the most disadvantaged from the phasing out of the three for two seating schools in the country. arrangement on school buses. A programme for Schools that did not qualify for the new prog- Bus E´ ireann to acquire a number of new and ramme will keep the extra resources they are get- modern second-hand buses is well advanced. In ting under existing schemes for the 2006/07 school addition, Bus E´ ireann has hired-in over 220 year and after that they will continue to get sup- additional vehicles from the private sector and port in line with the level of disadvantage among the situation is being kept under review. their pupils. The new DEIS programme will be of huge Schools Building Projects. benefit to schools in Mayo. 4 urban/town primary 278. Mr. McGuinness asked the Minister for schools, 59 rural primary schools and 6 second Education and Science the status of an appli- level schools in Mayo have been invited to benefit cation for an extension to a school (details from all the resources available from the new 689 Questions— 24 May 2006. Written Answers 690 programme. Indeed, nearly 20% of all the rural indication of the priority which my Department schools invited to benefit from the new prog- attaches to this project. ramme nationally are in Mayo. With regard to primary provision, an appli- I am sure the Deputy would agree that it is cation for a new school building for Donabate important to make sure that schools serving the Portrane Educate Together National School is most disadvantaged communities get all the extra being processed. Given its location, this project support possible and will welcome the extra also attracts a band 1 priority rating. Progress on resources that DEIS will provide for Mayo the project is currently being considered in the schools. context of the School Building and Modernis- It is precisely with this goal in mind that DEIS ation Programme from 2006 onwards. was designed. For example, over the years, no less than 8 separate schemes for disadvantaged Grant Payments. primary schools have been put in place. Some 282. Mr. Durkan asked the Minister for Edu- schools were benefiting from just one or two of cation and Science when field trip grant will be these and others were benefiting from more. The awarded to a person (details supplied) in County DEIS initiative is designed to ensure that the Kildare; and if she will make a statement on the most disadvantaged schools benefit from a com- matter. [20015/06] prehensive package of supports, while ensuring that others continue to get support in line with Minister for Education and Science (Ms the level of disadvantage among their pupils. Hanafin): My Department contacted Kildare I can assure the Deputy that there is no reason County Council, the awarding body in this case, for schools that haven’t been identified for the and was advised that they are awaiting docu- new programme to worry as they will continue to mentation from the college before they can get support in line with the level of disadvantage finalise their decision regarding eligibility for among their pupils. No school in Mayo has been funding in respect of a field trip. The candidate told that they will lose any resources as a result will be advised of the outcome of the decision by of DEIS. Kildare County Council as soon as it is reached. A review mechanism has been put in place to address the concerns of schools that did not qual- Pupil-Teacher Ratio. ify for inclusion in the School Support Prog- ramme but regard themselves as having a level of 283. Mr. F. McGrath asked the Minister for disadvantage which is of a scale sufficient to war- Education and Science when the reports on pupil- rant their inclusion in the Programme. This mech- teacher ratio, the task force on physical sciences anism will operate under the direction of an inde- and the task force on discipline will be pendent person, charged with ensuring that all implemented. [20032/06] relevant identification processes and procedures were properly followed in the case of schools Minister for Education and Science (Ms applying for a review. The school referred to by Hanafin): I am pleased to inform the Deputy that the Deputy has submitted a review application. since the McGuinness report was published, sig- It is intended that the review process will be nificant improvements have been made in the completed by the end of the current school year. actual pupil teacher ratio at post primary. The ratio has fallen from 15.1:1 in the 1999/00 school Schools Building Projects. year to 13.4:1 in the 2004/05 school year. The reduction in the pupil teacher ratio since 1997 was 281. Mr. Sargent asked the Minister for Edu- achieved through the creation of almost 1,800 cation and Science the progress which has been new posts and the retention of over 2,000 posts made with regard to establishing primary and sec- that would otherwise have been lost due to fall- ondary level schools in Donabate, County ing enrolments. Dublin; if a date for commencement of construc- Significant progress has also been made in the tion has been set; and if she will make a statement whole area of the physical sciences, since the on the matter. [19992/06] Task Force on the Physical Sciences reported. A new science curriculum has been introduced at Minister for Education and Science (Ms primary level and a revised syllabus in Junior Hanafin): A new 1,000 pupil post primary school Certificate Science was introduced in 2003 and is being provided for Donabate. This will be will be examined for the first time in June 2006. delivered by way of a Public Private Partnership. Revised syllabi in Leaving Certificate Physics, Site issues and the management model for the Chemistry and Biology have also been introduced new school are currently being worked on in my and examined within the last five years. Work on Department. When these matters have been the revision of the two remaining Leaving Certifi- finalised, the school will be included in a PPP cate subjects — Agricultural Science and Physics bundle for delivery. and Chemistry (combined) — is well advanced. The project has already been assigned a Band 1 The introduction of each of the revised syllabi has Priority rating under the published prioritisation been supported by comprehensive in-service criteria for large scale building projects. This is programmes for teachers. Additional equipment the highest band rating possible which is a clear grants have been provided to schools, and labora- 691 Questions— 24 May 2006. Written Answers 692

[Ms Hanafin.] Minister for Defence (Mr. O’Dea): As the tories continue to be refurbished as part of the Deputy is aware, the Government has entered ongoing school building programme. A review of into an all-party consultation process in the mathematics at post-primary level is also being Oireachtas with regard to an appropriate com- undertaken by the National Council for Curricu- memorative programme for the centenary of the lum and Assessment (NCCA). Easter Rising. I intend to convene the next meet- In launching “School Matters” the final Report ing of the consultation group shortly. The Group of the Task Force on Student Behaviour in will be invited to reflect on a broad range of Second Level Schools, on the 14th March, I out- possibilities, which could include a special frame- lined a package of measures to tackle student work to provide official support for initiatives in behaviour issues. In my view, implementation of diverse sectors with specific relevance to the the report must be approached in a prioritised period of the Rising. Before responding on any and carefully structured way. The measures I particular project, I would like the Group to have announced include: a review of existing address the appropriate time frame, scale and legislation; the putting in place of a Behaviour scope of such a programme. However, without Support Team; the establishment of up to 30 prejudice to the deliberations of the all-party group, I welcome the initiative to make a film of behaviour support classrooms on a trial basis; the life of James Connolly and I have no doubt appropriate and focused expansion of the Junior that such a film could assist in developing an Certificate Schools Programme; and a review of enhanced understanding of his achievements existing alternative provision, from which a com- and times. prehensive plan for out of school provision will be prepared. Community Development. The report’s recommendations require action 286. Mr. O’Shea asked the Minister for and engagement from a wide range of partici- Defence the additional funding spent in the tar- pants in our education system. For my part, as geted areas of disadvantage in the State under the Minister, I have given a clear statement of my RAPID programme on projects not outlined in commitment to sustained and considered action the national development plan by his Depart- in dealing with the issue of student behaviour. ment; and if he will make a statement on the matter. [19927/06] School Transport. Minister for Defence (Mr. O’Dea): No expen- 284. Caoimhghı´nO´ Caola´in asked the Minister diture is made by my Department under the for Education and Science the number and age RAPID programme. profile of the school bus fleet in each county; and if she will make a statement on the matter. 287. Mr. O’Shea asked the Minister for the [20068/06] Environment, Heritage and Local Government the additional funding spent in the targeted areas Minister of State at the Department of Edu- of disadvantage in the State under the RAPID cation and Science (Miss de Valera): The number programme on projects not outlined in the and age profile of the school bus fleet is not avail- national development plan by his Department; able on a county basis. The number of vehicles and if he will make a statement on the matter. operating under the school transport scheme is [19928/06] over 3,300, including taxis. The average age of the Minister for the Environment, Heritage and Bus E´ ireann school bus fleet is 15.1 years. The Local Government (Mr. Roche): The information average age of the entire school bus fleet, includ- as sought in the Question is not available in my ing contractors’ vehicles, is 11 years. Department. However, details of funding approved or paid to projects under the RAPID Commemorative Events. programme by my Department, which include expenditure both under the National Develop- ´ 285. Aengus O Snodaigh asked the Minister for ment Plan and additional to the Plan, are set out Defence if, as part of the commemorative activi- in the following table. A number of other RAPID ties leading up to the 100th anniversary of the projects are also under active consideration by 1916 Rising, he will make available from the com- my Department or local authorities, as appro- memoration budget financial support for the priate. My Department has also met the salary making of the feature film currently being pro- costs of the local co-ordinators for each RAPID duced on James Connolly, which deals partic- area. A total of \9.796m has been expended to ularly with Connolly’s role in the 1916 Rising and date in this regard. In addition to RAPID pro- will be the first feature film dealing specifically jects, public agencies, including local authorities, with one of the leaders of the Rising; and if he are already providing a wide range of services in will make a statement on the matter. [19787/06] all RAPID areas. 693 Questions— 24 May 2006. Written Answers 694 ital 7.7m \ 600,000 \ 107,000. 107,000. \ \ 73m expended 530,922. \ \ 764,000. 670,000. 21m. \ \ \ 150m (2003 prices). \ 5,631 for Optical Scanning facilities in 219,350 approved for communal facility \ \ 42,500 approved for projects. \ 177,763 paid \ 365,000 approved for a site in Blackpool to service north 2.05 million provided under Remedial works scheme for 65,047 approved. \ \ \ Grants Scheme — total allocation (incl. CKFG 08) of additional housing at Avila Park. Approved budget Grants Scheme — total allocation (incl. CKFG053) of 2 — contractors on site. Cork City area, underScheme. the Waste Management Capital Grants funding of window/door replacement in Blockstender A, for B Block and D C. issued Approval June of 2005 at a cost of (awaiting final accounts.) flat complexes in theand inner regeneration. city Overall involving cost part demolition, new build to December 2005. 18.2 million approved for phase 1. Work complete in phase 1. Phase 6,757,213 paid. Additional \ \ e2&3 Park Community Centre is part of an overall scheme to provide Road / Place Elderly grant. St. Michael’s Estate Fatima Mansions CKFG018 Central Library, Mayfield Library and Tory Top Library. CKFG 17 CKKC16c CKTM 28 RAPID Area (Strand I) Project No. Subject Report / Position Cork — Blackpool/The Glen/ MayfieldCork — Blackpool/The Glen/ Mayfield CKBG008Cork — Blackpool / The Glen / CKBG011 MayfieldCork — Blackpool/The Glen/Mayfield Waste &Cork Recycling-Bring — Facilities Blackpool/The Glen/Mayfield CKBG017 Estate ManagementCork Mediation — Service Fairhill/Gurranebraher/Farranree CKBG035 Approved for grant assistance Combined under funding the of WasteCork Management — Provision Capital CKBG036 Fairhill/Gurranebraher/Farranree of Kurzweil Machine CKFG051Cork — Glen Fairhill/Gurranebraher/Farranree Regeneration Phas CKFG053Cork — Environmental Knocknaheeney/ Enhancement Churchfield — Civic Cushing Amenity Combined Site total — grant CKFG055Cork northside aid Approval — of to Knocknaheeney/ proceed Churchfield to tender, February 2006. Budget Improved Cost availability of BringCork Site — Knocknaheeney/ CKKC007c Churchfield FarranreeCork Funding Housing — of Project Togher/ for Mahon the CKKC018d ApprovedBallymun for grant assistance under Cork theFinglas CC Waste Area Management Housing Cap Office CKKC019d Knocknaheeny Regeneration PlanNortheast Inner City Knocknaheeny Regeneration Block Office D fully Funding staffed of and openedSouth for CKTM004 West business Inner 02/10/02 City — (Canals) approved South West Inner City (Canals) Togher Community Services Centre DUBBALSOC/01 DUBNEIC001 Centre Social DUBSW027 is Supports completed. Initiative DUBFING011 The approved budget (April 2006) is Improvements DUBSW028 flat complexes Traveller Supporting Community the Centre Regeneration at process Avila in Supporting the Regeneration Demolition process works Approved in approved as at part Funding an of of estimated 6 cost D/EHLG house of is scheme currently Demolition Avila funding works Park redevelopment approved Phase work at iv. to an The a estimated number cost of of 695 Questions— 24 May 2006. Written Answers 696

[Mr. Roche.] 3,422,890. \ 2.8 million. \ 5,147,008. 1,120,000 \ 28,121,101. \ 3.126m. \ \ 17.5m. Phase 1 completed. \ 2.8 million. \ e1&2is 4,171,657 issued in November 2005 — \ 2,869,631. \ 5,131,310. 500,000. 1,414,703. 48,000. \ \ \ \ 13.41 million approved. \ 16m, budget cost approved. 3,487,426 paid to date. \ \ 100,000 provided from RAPID Leverage Funding Environmental 21,376 paid. \ \ Avenue Remedial work Scheme Plans for phase 2 under examination. Killinardin Fortunstown WorksTyrrelstown as part ofNABCO proposed housing Development Council in September community ’05, facilityEstablish for at and the a maintain provision budget aCentre of cost Recycling (6 156 of bottle dwellings & and can a banks)Accommodation Programme in Kishogue Enhancing approved Scheme. under Redevelopment the of Waste Laurel Management Avenue, Capital Ballybrack, Accommodation Grants Programme Scheme in — Lynche’s Lane total allocation LA housing refurbishment programme WorksLA Scheme. housing Estimated refurbishment cost programme in of Moorfield almost KillinardenBelgard Accommodation in Brookfield Scheme. Estimated cost of almost availability & decrease sitessocial of behaviour anti- Kiltipper in Shancastle & Greenfort RAPID Area (Strand I) Project No. Subject Report / Position n Laoghaire/Rathdownn Laoghaire/Rathdown DRDUNL034 DRDUNLO41 Redevelop the housing stock at Laurel Major Environmental Improvement Funding of ´ ´ Du Du BlanchardstownLimerick — Kings IslandLimerick — SouthsideClondalkinClondalkinClondalkin DUBBLA012 LIMKI 048Clondalkin LKS029 Community Facilities at Parslickstown / Establishment Anti-socialClondalkin unit Pre tender approval was given by the Phase Department II toClondalkin SDCLON017 and Fingal III County O’ Malley ParkTallaght SDCLON019 Environmental Improvements Prog —Tallaght The estimated SDCLON020 cost To Provision for implement of phas the 13 Traveller BringTallaght Centres in South Dublin County Council area SDCLON023 ToTallaght implement the TravellerTallaght SDCLON025 In-fill housing prog — Approved increase budget housingTallaght SDCLON026 To Refurbishment enhance of the 113 funding Approved units available budget at for a the cost of First To phase enhance — the 100 SDTALL030 funding houses available in for Shancastle the / Greenfort under Remedial SDTALL032 Revised Budget Cost of Refurbishment of Cushlawn Est. SDTALL033 Provision of Traveller Accommodation SDTALL034 — Work Provision started of June Traveller 2005, Accommodation First SDTALL035 approved — phase budget — 100 houses Completed Provision in June of Cushlawn 2004. Traveller under Approved Accommodation Remedial SDTALL036 Budget — Works Work Provision started of in Traveller December Accommodation 2005. — Approved Budget Completed. Extend Total existing cost Traveller Approved budget 697 Questions— 24 May 2006. Written Answers 698 5 3.58 m is \ \ 5.3 million \ 5,000 \ 413,094. \ 300,000 towards the \ 1.2m (Budget cost under \ with a total budget cost of 55,142 allocated for 2006. \ e1&2 2 million. \ 0.5 million for the refurbishment of the Community Facility at Manor 1,251,394, with the Department providing funding of (subject to final accounts)completed. involving Phase some 3 80 involving units 63 have units been at an estimated cost of due to start in May 06. will cost around \ St. John. \ Larchfield/Lisduggan. John and the Schememillion. was completed in 2003 at a cost of over houses at Cental Avenue,issued Lisduggan. Aug Tender 2005 approval atexamination). for a the cost scheme of approx designated areas of Killinarden, Jobstown and Fettercairn. 20,000 was allocated from the Department together with 32,576 paid. 237,461 paid under the Central Heating Programme. 28,021 funding provided for the appointment of an Estates Officer with 1,007,858 paid up to end 2005. \ \ \ \ \ Manor St. John —The New Department Housing has funded the construction of 47 houses for Manor St. Infill Housing and EnvironmentalThe Upgrade Council has submitted proposals to the Department for 5 infill BallybegInfrastructure — Kilbarry Development some 215 dwellings. Phas Home management training (homemakers), Environmental Awareness Involving schools/youth and community, House Maintenance Course for Larchfield/LisdugganArea responsibility for the development of an integrated action plan for SDTALL046SDTALL048 Killinarden, Jobstown and Fettercairn. matching funding from South Dublin County Council to a scaled down environmental awareness programme incorporating the three LTHDUN007LTHDUN025LTHDUN027 LTHDUN036 Works Scheme, Community Park Cox’s — Demense & Muirheavnamor provision of childcare facilities at Muirheavnamore. RAPID Area (Strand I) Project No. Subject Report / Position TallaghtDroghedaDroghedaDroghedaDundalk SDTALL040Waterford LTHDRO008 Environmental Awareness Campaign, Estate Management Training (residents), Waterford LTHDRO18Waterford LTHDRO19 Remedial Housing LTHDUN004 works schemeWaterford Provision of Heating Scheme Development of facilities, RemedialWaterford — Refurbishment of a thirdWaterford phase of 50 houses is currently To under date, way the and Department agreed to a contribution — of Refurbishment scheme WATFC033 at Clonard Park, Refurbishment scheme at Ballybeg — involves the Community general Facilities refurbishment — Development of Manor of St. an John. integrated action plan — The Department has indicated WATFC035 its commitment to providing funding of Provision for Water Larchville/Lisduggan and Area Drainage Plan Link Road to centre of Ballybeg The current (April 2006) estimated cost of the scheme stands at 699 Questions— 24 May 2006. Written Answers 700

[Mr. Roche.] 366,192. \ 1.518m \ 471,058 paid to date 7,680 was awarded on 5,000 was awarded on 2,500 with local 2,500 with local 1,496,413 paid. \ \ \ \ \ \ 137,087 issued March 04. \ 1,470,165. \ 11.27m. \ 495,850 — \ 2,187,571 in respect of 16 units — \ 1,250 from the Department’s Local Agenda 21 1,250 from the Department’s Local Agenda 21 \ \ 45,330 approved. \ 38,700 approved. Project is now completed. \ 2,138,472 paid against project to date (May 2006). 1,918,690. 6,750,560 was approved and has been paid. \ 10.03.04. 11.12.03 \ authority co-financing). A further grant of authority co-financing). A further grant of \ (May 2006) 25,000 paid. Project is now completed. 4,563,185 paid to date (May 2006). Outstanding balance 23,000 paid. 99,520 paid. 46,000 paid. \ \ \ \ \ ine purchase 4 houses at a cost of ´ Green Mervue for Bray Tullacmongan Gre ParkChestnut Drive Environment Partnership Fund.Reduce Youghal’s Waste Initiative Environmental Partnership Fund in 2003 ( (96 Environmental no. Partnership dwellings) Fund in 2003 ( Approval of Tender and Budget cost of Walter Macken Flats, Galway has been completed. Funding of Ballybane; construction of 114 houses Francis — Stage II Heritage Centre WKBRAY005 RAPID Area (Strand I) Project No. Subject Report / Position BrayBrayCarlowCavanCavanCavanCavanCavanCavan WKBRAY003Mallow WKBRAY004 Estate ManagementMallow Development CW Officer CRLW O14 FundingYoughal of Audit CN of CAVN Housing 001 Stock in Housing RAPID Management CN Area Initiative CAVNYoughal 002 Remedial Housing CN at CAVNMallow Tullac 003 Mongan Construction of Social Housing — Fair CN CAVN Funding 004 up Construction to Work of Commenced Social June Housing 2005. — Final BudgetYoughal Account approved issued for Construction CN of CAVN Social 007 Housing — Ard na CN The Construction CAVN Department of 008 gave 18Galway Construction approval houses of to was Central the completed Library Council in CK and in July, MALL November 2004 014 2004 at to a Construction cost CK of of MALL Housing 043 atGalway CK Mount YOUG St. 008 Estate Management — Powerscourt Galway Provision CK of YOUG Central Under 029 Heating Construction. Remedial Approved Works budget Scheme — Raheen CK MALL Estate 038 Management — Greencloyne & Works have been approved under Gouldshill/Town the Council Remedial Local CK Works Agenda YOUG Scheme 046 This project received Local Agenda 21 Partnership Fund - GY GLWY 012 This Refurbishment project of GY received Walter GLWY Macken 013 Flats GY GLWY Construction 014 Refurbishment work of on 44 the no. refurbishment maisonettes works at to 96 dwellings at Housing Development at Merlin Refurbishment Park, completed 2004. Funding of The estimated cost of the scheme is 701 Questions— 24 May 2006. Written Answers 702 55,636. \ 2.3m. \ 560,000. 1.2m. Work on nineteen 1,258,990. 34.5m. A final account in \ 18,344,781 has been paid. \ \ \ 250,000 to Galway City \ \ 6.2m. \ 15,000 paid. \ 2,734,323 paid to date. \ 3,981,144. \ total estimated cost ofrespect the of scheme the is social units issued for houses has been completed.proposals Borough for Council the are nextthe finalising phase redevelopment of of the partStreet. refurbishment of which Ossory involves Park known as Lower Council under the One Stop Shop Programme. 30,600 paid. 28,639 paid. 8,800 paid. 2,030,114 paid to date (May 2006). Outstanding balance 19,020 paid. 100,000 initially allocated in 2004. Tenders received by council28,800 for paid. \ \ \ \ \ \ \ thar This scheme was completed at a cost of ´ thar na This scheme includes local authority, voluntary and affordable ´ iste ´ iste, Ballinfoile houses — all 126 local authority units are now completed. The ´ gCo houses at St. Finbarr’s Tce, Bohermore Feb 05 for at Merlin Park Ballinfoile for elderly people anddisabilities people at with Sandyvale, Ballinfoile na gCo Carbury Park refurbishment works to 37 houses (2006). RAPID Area (Strand II) Project No. Subject Report / Position GalwayGalwayGalwayGalwayGalwayGalway GY GLWY 015Galway GY GLWYGalway 016 Proposed constructionGalway of 268 GY new GLWY dwellings 017Galway Ballybane Neighbourhood Centre The GY estimated GLWY cost 018 ofTralee the scheme Refurbishment is of 24 no.Tralee GY local GLWY authority 019Athy Housing Management Initiative Grant, The Department provided fundingAthy Construction Approved of of as GY 236 a GLWY no. remedial 020 units worksKilkenny at scheme. Bo Revised budget cost issued Kilkenny GY GLWY Construction 021 of 19 no. GY social GLWY housing 022 scheme GY GLWY 025 This scheme Westside was Housing GY completed Inclusion GLWY in Project 028 2003 at Westside a Bris cost Project of Library at KY Westside TRAL 016 Construction of KY three TRAL group 062 units at Bo KE ATHY 008 Earth Education Project Earth KY KE Education KLKY ATHY Project 011 009 KY KLKY Remedial 027 Works Scheme at Townspark and Traveller Employment Accommodation of Tenant Liaison Officer Ossory Park Remedial Scheme Continuation of KYTRAL 016. Under The Construction. estimated Approved cost budget of the pilot phase is 703 Questions— 24 May 2006. Written Answers 704

[Mr. Roche.] 2m. Phase \ 800,000. \ 3,171,038 was \ 13.8m and construction is \ 10,000 support costs). \ 41,731 approved in June 2005 for \ 31,400 salary, \ 860,703. Amount paid to date and claim on hand 2,561,866 paid to date (May 2006). \ \ 770,078. Final estimated draw-down of grant is 1A to be splitJune into 2005 2 and tenders. windowsPhase Central and 1A heating doors is tender tender almost approved approved complete. October 05. approved — \ Monksland area of Athlone. A budget cost of the employment of a Tenant Liaison Officer for a further year. 16,000 paid. 30,600 paid. 7,500 paid. 41,400 approved ( 36,663 paid 04/05. Funding of 12,500 paid. \ \ \ \ \ \ Town Plant and interceptor sewer expected to commence in 2006. RAPID Area (Strand II) Project No. Subject Report / Position LongfordClonmelTipperaryCarrick-on-SuirAthloneAthlone LDLGFDNew 026 RossNew ST Ross CLON 005 ST ST TIPP CKSR 001 010Wexford Housing Management Initiative EstateWexford Management Initiative Ballylynch Housing Renewal Management Programme Initiative, Tipperary WM ATHL 003 WM ATHL Provision 006 of The Social estimated Housing cost of WD the NEWR pilot 007 phase and phase WD 1a NEWR is Athlone 017 Civic Amenity Facility Tenant Participation WD Officer WEXF 026 Construction of a Waste Water WD Treatment WEXF 028 This proposal Tenant relates Liaison to Officer the construction The of estimated Grant 30 cost approval houses of in the the Local scheme Agenda is 21 705 Questions— 24 May 2006. Written Answers 706

Local Authority Housing. tration applications by the Residential Tenancies Board; the actions he intends to take to redress 288. Mr. Allen asked the Minister for the this situation. [19980/06] Environment, Heritage and Local Government if his attention has been drawn to the fact that local 291. Mr. Morgan asked the Minister for the authorities are stating that tenants are deemed to Environment, Heritage and Local Government if have surrendered the tenancy of their council his attention has been drawn to the fact that the house on being committed to prison and councils Private Residential Tenancies Board public office are threatening families with legal proceedings to and telephone line is now only open from 10 a.m. take possession under these circumstances. to 12.30 p.m. Monday to Friday; if his attention [19978/06] has further been drawn to the fact that the PRTB state that this temporary limitation of service is Minister of State at the Department of the due to the volume of correspondence received; Environment, Heritage and Local Government and if in view of the difficulties this limitation of (Mr. N. Ahern): My Department has no role in service is causing for tenants in the private rented relation to individual tenancy agreements, which sector he will make additional resources and staff are a matter for each housing authority. Tenancy available to the PRTB to meet with its obligations agreements must comply with statutory pro- under the provisions of the Residential Tenancies visions and Regulations, notably article 83 of the Act 2004. [19981/06] Housing Regulations 1980. Agreements provide the legal framework for the relationship between Minister of State at the Department of the the housing authority and its tenants, and gener- Environment, Heritage and Local Government ally contain provisions in relation to behaviour by (Mr. N. Ahern): I propose to take Questions Nos. tenants. Failure to comply with these agreements 290 and 291 together. may result in a housing authority seeking surren- These matters are responsibilities of the der of the dwelling. My Department is not aware Private Residential Tenancies Board, which is an of any case of the kind referred to in the independent statutory body established under the Question. Residential Tenancies Act 2004. It is a matter for the Board to determine how its statutory func- Road Network. tions can most effectively be performed and to 289. Mr. Ring asked the Minister for the Envir- deploy resources having regard to demands and onment, Heritage and Local Government the priorities. Substantial resources are being proposition regarding a project (details supplied) in vided to the PRTB to meet the high level of County Mayo; the funding in place for this pro- demands on its services. There is currently a total ject; if this funding been drawn down by the local of 42.5 staff working in the PRTB, which also authority; when work will commence on this pro- receives ongoing support from my Department. ject. [19979/06] The PRTB has also engaged a panel of 175 mediators and adjudicators to assist with its dis- Minister for the Environment, Heritage and pute resolution functions. An increased provision Local Government (Mr. Roche): The provision of of \3.707 million is available to fund the PRTB’s non-national roads and bridges in County Mayo administration and services in 2006, compared is a matter for Mayo County Council to be with an outturn of \1.737 million in 2005. funded from its own resources supplemented by State grants provided by my Department. Waste Management. Accordingly, progress with the advancement of the Achill Sound Bridge project is a matter for 292. Mr. Stanton asked the Minister for the the Council. Under the 2005 EU Co-Financed Environment, Heritage and Local Government Specific Improvements Grant Scheme, Mayo the amount collected to date under the Waste County Council was allocated a grant of \450,000 Electronic Electrical Equipment Directive; if he towards the Achill Sound Bridge. A sum of is satisfied regarding the way the directive is \90,666 was drawn down by the Council in 2005 being implemented; and if he will make a state- in respect of this project. Under the 2006 EU Co- ment on the matter. [19993/06] Financed Specific Improvements Grant Scheme, Mayo County Council has been allocated a grant Minister for the Environment, Heritage and of \200,000 for design works on the Achill Sound Local Government (Mr. Roche): The Waste Elec- Bridge. A sum of \568 has been claimed to date tronic and Electrical Equipment (WEEE) scheme by the Council this year for this project. has now been operating for nine months and its real benefits both for consumers and for the environment are now very apparent. WEEE is Private Rented Accommodation. now being collected from over 180 collection 290. Mr. Morgan asked the Minister for the points nationwide and very significant quantities Environment, Heritage and Local Government if are being returned for recycling. From 13 August his attention has been drawn to the fact that there 2005 to the end of February 2006, 14,587 tonnes is a two month backlog in the processing of regis- were collected nationally. This is the equivalent 707 Questions— 24 May 2006. Written Answers 708

[Mr. Roche.] of an annual collection rate of 6.7Kg per person County Designated Areas (Hectares) and is particularly impressive against our national target under the WEEE Directive to reach 4Kg Dublin 22,136 per person by 2008. This figure also compares Galway 202,490 very favourably with the 5,510 tonnes of this Kerry 218,708 waste type that was recovered in the whole of Kildare 6,397 2004 and indicates widespread public support for the implementation of the Directive. Kilkenny 7,139 Laois 10,433 Leitrim 22,566 Natural Heritage Areas. Limerick 14,193 Longford 9,384 293. Ms Harkin asked the Minister for the Louth 18,830 Environment, Heritage and Local Government the number of hectares per county designated Mayo 190,434 NHA, SAC or SPC; and if he will make a state- Meath 7,363 ment on the matter. [20039/06] Monaghan 3,305 Offaly 10,418 Roscommon 21,895 Minister for the Environment, Heritage and Sligo 41,272 Local Government (Mr. Roche): The following Tipperary 29,479 table lists the hectares per county for all nature conservation sites i.e. Natural Heritage Areas Waterford 18,135 (NHA), Special Areas of Conservation (SAC) or Westmeath 15,795 Special Protection Areas (SPA) currently pro- Wexford 66,399 tected under the Wildlife Acts 1976-2000 and the Wicklow 43,105 European Union (Natural Habitats) Regulations, SI No. 94/1997 as amended. Total 1,307,591

County Designated Areas (Hectares) The sites included in these areas were publicly advertised in local media and notified to individ- Carlow 6,561 ual landowners/users where known. While these sites enjoy legal protection from the date of Cavan 18,523 advertisement, the formal designation of these Clare 97,838 sites is not complete until I have signed an Order Cork 66,928 under the relevant legislation for each. This is an Donegal 137,865 ongoing process following consideration and determination of any objections from those affected.