Dáil Éireann

Vol. 704 Tuesday, No. 3 9 March 2010

DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES

DÁIL ÉIREANN

TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised)

Tuesday, 9 March 2010.

Ceisteanna—Questions Taoiseach ………………………………… 353 Minister for Enterprise, Trade and Employment Priority Questions …………………………… 365 Other Questions …………………………… 379 Adjournment Debate Matters …………………………… 383 Leaders’ Questions ……………………………… 383 Death of Former Member: Expressions of Sympathy ………………… 388 Requests to move Adjournment of Dáil under Standing Order 32 ……………… 398 Order of Business ……………………………… 398 Finance Bill 2010: Financial Resolution ……………………… 405 Finance Act 2004 (Section 91) (Deferred Surrender to the Central Fund) Order 2010: Motion … … 405 Finance Bill 2010: Order for Report Stage …………………………… 405 Report Stage ……………………………… 405 Broadcasting Act 2009 (Section 33) Levy Order 2010: Motion ……………… 419 Private Members’ Business Land and Land Conveyancing Law Reform (Review of Rent in Certain Cases) (Amendment) Bill 2010: Second Stage …………………………… 428 Adjournment Debate Financial Institutions’ Credit Supply ……………………… 449 Care of the Elderly …………………………… 451 RailNetwork……………………………… 453 Multi-unit Developments …………………………… 454 Questions: Written Answers …………………………… 457 DÁIL ÉIREANN

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Dé Máirt, 9 Márta 2010. Tuesday, 9 March 2010.

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

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Paidir. Prayer

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Ceisteanna — Questions.

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Departmental Staff. 1. Deputy Enda Kenny asked the Taoiseach the number of political advisers or assistants appointed by the Attorney General; and if he will make a statement on the matter. [48414/09]

2. Deputy Eamon Gilmore asked the Taoiseach the number of personnel employed as political advisers or assistants to the Attorney General; and if he will make a statement on the matter. [3183/10]

3. Deputy Caoimhghín Ó Caoláin asked the Taoiseach the number of political advisers appointed by him; the salaries of each and the cost; and if he will make a statement on the matter. [3465/10]

4. Deputy Caoimhghín Ó Caoláin asked the Taoiseach the number of political advisers or assistants in addition to the staff of his office appointed by the Attorney General; and if he will make a statement on the matter. [3466/10]

5. Deputy Enda Kenny asked the Taoiseach the duties and responsibilities of the special political advisers appointed to him; and if he will make a statement on the matter. [5109/10]

6. Deputy Enda Kenny asked the Taoiseach the duties and responsibilities of the special political advisers appointed by him; and if he will make a statement on the matter. [8789/10]

7. Deputy Eamon Gilmore asked the Taoiseach the duties and responsibilities of special advisers or other political staff appointed by him; and if he will make a statement on the matter. [8819/10]

8. Deputy Eamon Gilmore asked the Taoiseach the duties and responsibilities of advisers or other political staff appointed to the Office of the Attorney General; and if he will make a statement on the matter. [8820/10]

The Taoiseach: I propose to take Questions Nos. 1 to 8, inclusive, together. 353 Ceisteanna — 9 March 2010. Questions

[The Taoiseach.]

There are currently seven special advisers in my Department. Under the direction of my programme manager, Joe Lennon, who is my principal special adviser, their primary functions are to monitor, facilitate and help secure the achievement of Government objectives and to ensure effective co-ordination in the implementation of the programme for Government. The role and duties of special advisers are described in section 11 of the Public Service Management Act 1997. In summary, these are providing advice; monitoring, facilitating and securing the achievement of Government objectives that relate to the Department, as requested; and performing such other functions as may be directed. My programme manager meets other ministerial advisers on a weekly basis. He monitors and reports to me on progress in implementing the programme for Government. My advisers liaise with a number of Departments and act as points of contact in my office for Ministers and their advisers. My advisers attend meetings of Cabinet committees and cross-departmental teams relevant to their responsibilities. They also liaise on my behalf with organisations and interest groups outside of Government. Special advisers are also tasked with giving me advice and keeping me informed on a wide range of issues, including business, financial, economic, political, environmental, administrative and media matters, and performing such other functions as may be directed by me from time to time. In addition, a number of my advisers have specific responsibilities for speech drafting. The annual salaries for my special advisers are as follows: Joe Lennon, €188,640; Peter Clinch, €194,957; Oliver O’Connor, €156,241; Brian Murphy, €126,718; Gerry Steadman, €126,718; Padraig Slyne, €92,853; and Declan Ryan, €92,672. Francis Kieran is special assistant to the Attorney General. His functions are to act as a liaison between the Attorney General and me and other Departments on items relevant to legal issues arising from the programme for Government as well as to keep the Attorney General informed on items arising in the Oireachtas or media which could impinge on, or be relevant to, his role. His contractual duties include matters assigned from time to time by the Attorney General and he also participates in meetings of special advisers and attends the Government legislation committee. The position of Attorney General is not a political one and, as such, Mr. Kieran does not provide political advice.

Deputy Enda Kenny: Sometimes I find it difficult to pick up all the Taoiseach’s responses. Perhaps this is due to the microphone or maybe it is me. The Minister for the Environment, Heritage and Local Government has stated that the reason for the delay in producing the reports on the Dublin Docklands Development Authority is because it has to be reviewed and analysed by the Office of the Attorney General. The constant stream of revelations from the authority has obviously become a matter of considerable public interest. The most recent of these revelations involves what appears to be extraordinary amounts of travel expenses for members of the authority’s board. Is it the case that the Attorney General does not have sufficient staff to deal with these queries? Why is the Minister unable to publish the report until it is reviewed by the Attorney General? Can the Taoiseach indicate when that might happen?

The Taoiseach: Deputy Kenny’s questions are not relevant.

An Ceann Comhairle: Yes.

Deputy Enda Kenny: The Ceann Comhairle is taking advice from the Taoiseach. 354 Ceisteanna — 9 March 2010. Questions

An Ceann Comhairle: No——

Deputy Enda Kenny: This is a question about political advisers.

An Ceann Comhairle: Deputy Kenny——

Deputy Enda Kenny: Hold on a second. The Taoiseach told the Ceann Comhairle that my question had nothing to do with him but this matter concerns political advisers or assistants appointed by the Attorney General.

An Ceann Comhairle: In fairness, the Deputy expanded somewhat.

Deputy Enda Kenny: The Ceann Comhairle is taking advice from the Taoiseach.

An Ceann Comhairle: It is not a question of taking advice from the Taoiseach. In so far as the Deputy’s question relates to the role of the Attorney General, the Taoiseach may wish to respond. However, the question of expanding the question is problematic as far as we are concerned.

The Taoiseach: I am just making the point that the questions relate to the duties and responsibilities of special advisers in my office. I referred to the appointment of an individual who is a special assistant to the Attorney General and his functions. That is not germane to the supplementary question.

Deputy Enda Kenny: The question is the number of political advisers or assistants appointed by the Attorney General. A matter of considerable public importance is being held up because the Office of the Attorney General is not able to review the report of the Dublin Docklands Development Authority. The Minister for the Environment, Heritage and Local Government says these reports cannot be published because they must wait until the Attorney General’s office is able to review them. Is it the Taoiseach’s view that the Office of the Attorney General does not have sufficient assistance to review the legal requests before it from the Government? I simply asked the Taoiseach when he expects this will happen and the Ceann Comhairle seems to have responded by indicating there is some difficultly. This is about the assistance of political advisers appointed by the Attorney General and surely it is matter of public concern because extraordinary amounts seem to have been used up by the members of that authority’s board. Is the Taoiseach satisfied that the Attorney General has sufficient staff to be able to review the legal requests and reports before him?

An Ceann Comhairle: It is important to advise that it is not the Taoiseach’s responsibility to give a response on that matter.

Deputy Enda Kenny: What?

The Taoiseach: The questions relate to whether the Attorney General has any political adviser or assistants in respect of matters that are germane. This is why I took questions Nos. 1 to 8 together. They do not refer to general staff. One such assistant was appointed to the Attorney General. The assistant acts as a liaison between the Attorney General and other Departments on items relevant to legal issues arising from the programme for Government. I have no problem answering questions asked of me but it cannot be suggested that I should provide replies to questions which are specific in nature and then deal with general questions arising in respect of a totally different matter——

Deputy Enda Kenny: I will follow through on it. 355 Ceisteanna — 9 March 2010. Questions

The Taoiseach: ——although I am informed that it is line with the question set out. Question time is about eliciting information germane to the questions asked. A trend is arising here every week whereby the Deputy asks questions regardless of what is before me and he has decided I am here to answer them. If he wishes to table a question on matters germane to my responsibilities I will answer them but I cannot reply to everything. Anyway, I am just making that general point. The point the Deputy is making relates to the Department of the Environment, Heritage and Local Government and a parliamentary question to that Department will elicit the up to date position. As I understand it, the position is that legal and other issues have arisen, which must be considered before the publication of such reports can be provided for and that is ongoing.

Deputy Enda Kenny: I will follow through on the Taoiseach’s valid comment. He stated one liaison person was appointed to the Office of the Attorney General. Has that person reported to the Taoiseach of a shortage of staff there or that these reports cannot be reviewed? This is a matter of public concern and interest and it has been referred to by the Minister for the Environment, Heritage and Local Government. He has stated that he cannot publish the reports until they are reviewed by Government and the Attorney General. Has the liaison person in the Office of the Attorney General reported to the Taoiseach in respect of when the Attorney General’s office will be in a position to provide a report to the Government? It is a valid question given the Taoiseach’s observation.

The Taoiseach: No he has not, nor is it his function to do so.

Deputy Enda Kenny: If not, then what is his liaison function?

The Taoiseach: I have just explained that the liaison function relates to his interaction with the Attorney General and the Departments that deal with him. It relates to the question of reports and legal advice. The Attorney General provides legal advice and it must be considered. It is not a question of the Attorney General being unable to provide the legal advice.

Deputy Enda Kenny: If there is a liaison person appointed to the Office of the Attorney General to liaise with Departments that have interactions with that office then, surely, the Department headed by the head of Government is always in contact with the Office of the Attorney General. It is back to the Taoiseach, as Head of Government, that the message will come stating the Attorney General has reviewed this, the Government is quite entitled to consider it and here is the Attorney General’s legal advice in respect of it. All I want to find out from the Taoiseach is, does this liaison person have any broader function to keep the Taoiseach fully acquainted, as I am sure he would want to be, of what is happening.

The Taoiseach: The Ministers and the Attorney General would keep me acquainted. Those are the persons who attend at Cabinet. The question here is——

Deputy Enda Kenny: The number of assistants.

The Taoiseach: Matters generally relating to that function are dealt with by that person on the Attorney General’s behalf. The person works to the Attorney General, not to me. I have my own list of advisers on matters generally. It is not a question of lack of staff in the Attorney General’s office.

Deputy Enda Kenny: The Green Party seems to have attached a priority to certain legislation, for example, the Dog Breeding Establishments Bill 2009. One of the specific commitments in the programme for Government is to deal with the long-awaited animal health and welfare Bill 356 Ceisteanna — 9 March 2010. Questions which will phase out fur farming and end stag hunting. Has the liaison person informed the Taoiseach as to the current position in so far as that legislation is concerned?

The Taoiseach: No.

Deputy Eamon Gilmore: I have been listening carefully to the Taoiseach’s replies to Deputy Kenny and I am confused as to the function of this political adviser to the Attorney General. Why does the Attorney General have a political adviser in the first place?

The Taoiseach: He does not have a political adviser.

Deputy Eamon Gilmore: Then what type of an adviser is he?

The Taoiseach: He is a special assistant. He does not provide political advice at all.

Deputy Eamon Gilmore: Is he a lawyer? Is he a legal person?

The Taoiseach: He is a special assistant to the Attorney General. I will get Deputy Gilmore the details of his qualifications in due course.

Deputy Eamon Gilmore: My understanding is that the Attorney General is the official legal adviser to the Government.

The Taoiseach: Correct.

Deputy Eamon Gilmore: The Taoiseach has just told us that this person’s job is to liaise with other programme managers and advisers in various Departments about legal issues arising from the programme for Government. If there is somebody in the Attorney General’s office whose job is to liaise with other Departments about legal issues arising from the programme for Government, it is not unreasonable to ask if the person is a lawyer? Is he a lawyer?

The Taoiseach: I will get the details of the person’s qualifications. I do not have his qualifications before me. He does not work for me but for the Attorney General.

Deputy Eamon Gilmore: I will await the information but it would be odd if one had somebody dealing with legal issues arising from the programme for Government who was not——

The Taoiseach: He does not have to be a lawyer if he is a special assistant.

Deputy Eamon Gilmore: The Taoiseach has told us——

The Taoiseach: He does not have to be but I will find out for Deputy Gilmore.

Deputy Eamon Gilmore: I am trying to understand what it is about. It seems strange that the Attorney General who, effectively, is the law officer of the Government, would have a political adviser. The Taoiseach corrected me stating it is not a political adviser. He had earlier stated that it was to provide liaison of legal issues, etc. I am speculating as to how somebody could do that if he or she was not a lawyer. However, the Taoiseach will clarify that for me. What are the legal issues arising from the programme for Government? The programme for Government is a political document.

357 Ceisteanna — 9 March 2010. Questions

An Ceann Comhairle: Deputy Gilmore is expanding the questions. I am not disputing his right to ask that question, but there may be a different way of doing it, by submitting a direct parliamentary question on the matter.

Deputy Eamon Gilmore: I have. I submitted the following direct parliamentary question: “To ask the Taoiseach the duties and responsibilities of advisers or other political staff appointed to the Office of the Attorney General . . .”., which question I am pursuing. The Taoiseach, in his reply, stated that he was dealing with legal issues arising from the programme for Government. I am asking the Taoiseach what are the legal issues arising from the programme for Govern- ment which are the responsibility of this particular adviser.

The Taoiseach: He attends the special advisers’ meetings where he is able to be au fait with the issues that are arising across Departments and the priorities which may be pushed by special advisers on behalf of various Ministers at these meetings. He also ensures that the Attorney General is au fait with that. He does not provide or issue legal advice to Departments. That function is provided by the advisory counsel in the Office of the Attorney General and by the Attorney General himself. Mr. Kieran is amply qualified for this position. In addition to his undergraduate and Master’s degree, he is a qualified attorney-at-law in the State of New York. He was the first person to hold both the O’Reilly and Fulbright scholarships and was elected by his peers as president of the students union in Trinity College Dublin. He also assisted with legal work on a case in the US Supreme Court for the American National Association of Criminal Defense Lawyers. There is an administrative benefit in having a person assisting the Attorney General and his office by monitoring and keeping them abreast of what is happening in the matters in question, thereby allowing them to concentrate on their other duties. The Attorney General should have available a person to liaise on matters relevant to the Government legislation committee and other issues of a legal nature. The Attorney General cannot personally monitor all that is happening in all Departments and the legislative programmes of all Ministers. With everything being dealt with by his office, he must also monitor matters raised in the Dáil and Seanad. Mr. Kieran brings such matters to the attention of the Attorney General to assist him in discharging his obligations. Enormous demands are placed on the Attorney General and his office by departmental requests for information and data. For several years, individuals have been appointed to liaise with the Attorneys General on such matters.

Deputy Eamon Gilmore: The Taoiseach said the adviser in the Attorney General’s office attends the weekly Government programme managers’ and senior political advisers’ meetings. It is well-known those meetings are of a political troubleshooting role. For example, if the report the Minister for the Environment, Heritage and Local Govern- ment, Deputy Gormley, received from Professor Brennan on the Dublin Docklands Develop- ment Authority were likely to be politically troublesome to a Minister or Ministers, would that political difficulty be flagged by the respective adviser to the Minister or Ministers concerned for the Attorney General’s adviser? Presumably, he or she in turn would flag it for the Attorney General. Would that be part of the adviser’s role? If so, where would that leave the independent — if one could call it that — role and function of the Attorney General in providing advice to the Government on such matters?

358 Ceisteanna — 9 March 2010. Questions

The Taoiseach: There is no question whatever of the integrity of the Attorney General being compromised in any way. He gives his advice without fear or favour and is a person of impec- cable credentials.

Deputy Eamon Gilmore: I was not casting aspersions on the Attorney General. I was just asking how the system for advisers operates.

An Ceann Comhairle: Allow the Taoiseach without interruption.

The Taoiseach: I am disabusing Deputy Gilmore of the idea that the Attorney General is compromised or undermined by reason of the fact he gives his advice without fear or favour. The purpose of the assistant to the Attorney General is, as I stated earlier, to assist him in all of the contacts between Departments. There is no way his legal independence is compromised or undermined in any way, and neither would he contemplate it for a moment.

Deputy Caoimhghín Ó Caoláin: In a time when the Taoiseach and his colleagues are constantly urging belt-tightening, does he believe it would be appropriate to undertake a review of the number of advisers in his Department? Their numbers are over and above the existing staffing complement of the Department. Does he believe it would be appropriate to review the excessive salaries paid to them that range between three to seven times the average industrial wage? How does the Taoiseach justify the maintenance of such a large number of advisers and these salaries when punitive levies are being applied to others in the public service which are having a serious impact on low to middle-income earners? This will lead to an ever-unfolding and deepening crisis in industrial relations within the Civil Service.

An Ceann Comhairle: Deputy Ó Caoláin is drifting from the substance and content of the question.

Deputy Caoimhghín Ó Caoláin: This concerns special advisers and how the Taoiseach can justify it. Today, four weeks’ notice of industrial action has been served on the HSE by porters, cleaners and security staff within hospital sites across the city. Are these the advisers who advised in respect of the approach to engagement with the public service unions, where ultimately the talks were collapsed and innovative, inventive efforts on behalf of the public service union representatives were roundly dismissed?

The Taoiseach: All appointments, pay, terms and conditions require the sanction of the Minister for Finance. All appointments from outside the Civil Service require the sanction of the Minister for Finance and the Taoiseach. Having seven advisers from outside the Depart- ment and some who worked in the Civil Service and were seconded to these advisory positions is not a large number given the responsibilities, the relatively small size of my Department and the co-ordination role of the Taoiseach, which requires being properly advised on a range of matters. The salary of advisers is based on the fact that their term coincides with the length of tenure of the holder of the office. Their remuneration applies to pay levels at various grades of the Civil Service in the main. Given the overall responsibility such as overseeing the expenditure of €55 billion, that there are seven advisers available to the Head of Government is not excessive in the circumstances.

Deputy Caoimhghín Ó Caoláin: From the programme manager receiving a salary in excess of €200,000 and a senior political adviser receiving almost €200,000, does the Taoiseach accept that this focus would not happen except for the times we are in and the Government has had no hesitation in surgically applying a scalpel to the interests of ordinary low to middle income 359 Ceisteanna — 9 March 2010. Questions

[Deputy Caoimhghín Ó Caoláin.] earners within the public service? In fact, it is not so surgical because the knife has slipped and the people are bleeding profusely.

An Ceann Comhairle: Deputy Ó Caoláin is drifting away from the questions under this heading.

Deputy Caoimhghín Ó Caoláin: That is the key and critical issue because it has been applied in so many areas with devastating consequences for so many ordinary workers yet a situation maintains in the Department of the Taoiseach where a number of special advisers earn such substantial salaries. Can the Taoiseach advise the House if there is still an 3o’clock arrangement between the Department of the Taoiseach and the Department of Health and Children whereby special advisers to the Minister, Deputy Harney, are provided for and paid by the Department of the Taoiseach following arrangements entered into in the cobbling together of the coalition in the first instance and when she took up responsibility for the health portfolio in the previous Government? How many advisers to the Depart- ment of Health and Children are under the aegis of the Department of the Taoiseach and at what cost? The Taoiseach must take on board the fact that these questions and their tenor is against the backdrop of the €8.50 cut the carers providing——

An Ceann Comhairle: The Deputy is going off on yet another tangent.

Deputy Caoimhghín Ó Caoláin: ——care in the home of elderly and disabled people, in regard to which the Government had no care in the world. We offer no apology for stating that if the Government is prepared to wear that and to watch the suffering as a consequence of its actions then other areas, including the remuneration of special advisers in his Department and across all other Departments, need to be addressed.

The Taoiseach: The adjustments to pay for people in receipt of salaries similar to grades in the Civil Service affected those advisers as they did everyone else. They had to take cuts in pay, as was the case in other related grades. That goes without saying. On the question of responsibilities, Mr. Oliver O’Connor, special adviser, provides advice to the Minister for Health and Children and more generally to the Government on health policy matters, which covers a wide range of reform. Reform is necessary. We have seen huge and continuing reforms in the health service, including improvements in cancer care services and so on. Administrative reform must also be proceeded with. In the context of the total overall spend in Government, including an exclusively public service pay bill of one third of the total of more than €50 billion — we are speaking in this regard of €19,000 million in salaries — the amount of money expended in terms of bringing in advice from outside to supplement and augment this is minuscule when compared to the overall cost of the full complement of civil and other public servants available to advise Government in a whole range of areas.

Deputy Caoimhghín Ó Caoláin: There are many of them.

An Ceann Comhairle: I will allow a brief supplementary from Deputy Ó Caoláin.

Deputy Caoimhghín Ó Caoláin: I heard the Taoiseach’s response in regard to the special adviser from his Department and the Department of Health and Children being directly involved in reform exercises. People in my constituency — the Minister, my colleague from the 360 Ceisteanna — 9 March 2010. Questions constituency is sitting beside the Taoiseach — do not, as does the Taoiseach, view this as reform. What has happened in regard to the acute hospital network in places such as Monaghan——

An Ceann Comhairle: The Deputy will have another opportunity to raise that matter.

Deputy Caoimhghín Ó Caoláin: ——and many other communities throughout the country is far from reform.

The Taoiseach: There has been reform in all of those areas.

Legislative Programme. 9. Deputy Enda Kenny asked the Taoiseach his legislative priorities for the first half of 2010; and if he will make a statement on the matter. [48415/09]

10. Deputy Caoimhghín Ó Caoláin asked the Taoiseach his legislative priorities for the remaining period of the 30th Dáil; and if he will make a statement on the matter. [3467/10]

11. Deputy Eamon Gilmore asked the Taoiseach his legislative priorities for the remainder of 2010; and if he will make a statement on the matter. [8821/10]

The Taoiseach: I propose to take Questions Nos. 9 to 11, inclusive, together. The legislative priorities of Government for the current Dáil session are set out in the Legis- lative Programme published on 19 January 2010. The Government will as usual publish its legislative programme at the beginning of each session throughout the remainder of the 30th Dáil. My Department has no legislation planned for the current Dáil session.

Deputy Enda Kenny: In respect of legislative priorities, has the Government decided yet on a date for the referendum on children’s rights and the reinstatement of the criminal offence of statutory rape? I commend the members of the committee dealing with children’s issues which has produced and finalised its report, statements on which will be heard in the Dáil. Given the litany of failures by the State, evidenced in the recent past, with more to come, will the Government prioritise the introduction of child protection guidelines? Will Children First will be put on a statutory basis and if so, when that might happen?

An Ceann Comhairle: Some of the Deputies questions may relate to other Departments.

The Taoiseach: On the second report, no decision has yet been made in regard to when legislation will be introduced. The Government has decided to go the legislative route in respect of the matters raised by the Deputy. The Minister for Justice, Equality and Law Reform on behalf of the Minister of State with responsibility for children and youth affairs obtained Government approval on 8 December last to prepare the general scheme of a Bill implementing the recommendations, including the recommendations of the majority of members where there was no unanimity on the second interim report. The Bill will deal with the issues of absolute and strict liability that arose in the context of the Supreme Court judgment in the CC case. The general scheme work has begun, but there is no date on either its publication or when it will be enacted. Obviously it will need to be proceeded with as soon as practicable. On the other matters, a specific question to the Minister in question might be the best way to get an accurate reply. However, I welcome the fact that the accountability mechanisms, which are now in place like the Health Information and Quality Authority, are bringing forward 361 Ceisteanna — 9 March 2010. Questions

[The Taoiseach.] as a result of audits conducted by the HSE the need to deal with its procedures in a transparent way and improve public confidence. It is precisely because we have improved the accountability mechanisms and because the work of HIQA is ongoing that we are getting to a position where we are able to address issues that would not be brought to our attention in the absence of those accountability mechanisms. That is the benefit of what is being done and it proves that the more modern framework that we have of inspection and the quality authority is drawing out these issues and ensuring that we have a structured and comprehensive response to these issues.

Deputy Enda Kenny: Is the Taoiseach happy that the HSE has the capacity to respond effectively and in an accountable fashion here? Obviously prioritisation of the publication of HSE reports leaves much to be desired. Has the Government firmed up on its intention to hold a referendum on children’s rights, given all the information now in the public domain? Will it take place some time in 2010? Following Michael Somers’s appearance before an Oireachtas committee last summer when he made comments about Government policy, it now appears that legislation published, including the National Asset Management Agency Act and the Inland Fisheries Board Bill, contain a specific section stating:

In carrying out duties under this section, the chief executive shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such policy.

Is this to be a standard feature in all legislation where this might apply? Are we in the position where a chief executive or a person in an area of responsibility is being told in law that he or she cannot make any kind of comment or express an opinion on the merits or otherwise of a Government policy or a Minister or on the merits of the objectives of such policy?

An Ceann Comhairle: We had a previous ruling on this matter. Quotations at Question Time are not to be encouraged.

Deputy Enda Kenny: You are not going to——

An Ceann Comhairle: They are to be positively discouraged.

Deputy Enda Kenny: I shall quote it by rote if you want. We had this before.

An Ceann Comhairle: I shall ask the Taoiseach to disregard the quotation.

Deputy Fergus O’Dowd: Sure he is reading his quotations.

Deputy Enda Kenny: I refer to a section in the legislation which states that the chief executive shall not make any comment about any member of the Government or about any objective of a Government policy. That provision has been included in the National Asset Management Agency Act and the Inland Fisheries Board Bill. Is it now to be standard practice that chief executives cannot express an opinion on the merits or otherwise of the Government, a Minister or the objectives of a policy? I am sure that is in order.

The Taoiseach: I do not believe it is a standard feature of all legislation.

Deputy Enda Kenny: It has been since last summer.

The Taoiseach: However, where it is necessary it can form part of the legislation. The important issue that arises here is that the general principle of governance applies where in the 362 Ceisteanna — 9 March 2010. Questions event of people working for Government, the Government sets the policy and people implement and operate the policy. That is a basic principle that is often stated. If there are, for reasons of commercial sensitivity, issues arising particularly in terms of how Government policy is understood externally or outside the country, that coherence of approach is certainly important to establish. I made the response to the Deputy previously that we were going down the legislative route in regard to one of the reports on the children issue. It is best if specific questions are asked. I do not have full information on all of that detail apart from what I can recall from memory in many respects. I will try to correlate some of the information I have here if it is of any relevance but the questions relate to the legislative programme in my Department specifically. If there are questions about the legislative programme generally it is best to address them to the line Department, certainly in regard to getting accurate answers to parliamentary questions. The other question raised by the Deputy was the referendum issue. Again, that is a matter that can be considered by the Government at any time but a direct question to the Office of the Minister for Children and Youth Affairs would elicit the accurate answers.

Deputy Caoimhghín Ó Caoláin: The revised programme for Government as agreed between the Taoiseach and the leader of the Green Party, or both parties together, contains commitments across several areas for new legislation. None of that promised legislation has yet been published. None appear in the programme of legislation for the current term. What arrangements exist between the Taoiseach and the leader of the Green Party to introduce the promised legislation in the revised programme for Government? Is there any direct engagement between the two political parties in terms of the production and implementation of the commitments contained in the revised programme, which allegedly took some considerable time to pull together? I will give the Taoiseach three examples in terms of those commitments. They include the establishment of an independent electoral commission, a Bill to make FÁS more accountable to the public and the Dáil and measures to protect the family home from financial institutions. Having scanned through the revised programme, those are three critical areas yet there is no indication that work is even under way on any of them. I can cite several more from the document on which the Taoiseach signed off. What process is in place to progress these commitments to new legislation? Is there any direct engagement between the two leaders of the com- ponent parts of the current coalition to agree priorities in terms of bringing forward those commitments to new legislation?

The Taoiseach: To refer to the previous question, the purpose of programme managers is to assist in the monitoring and progressing of the programme for Government. It is not surprising, if the programme is passed in October or November, that the existing legislative programme is in place and therefore work must begin on any fresh commitments made in that programme. There are regular meetings between myself and the Green Party leader.

Deputy Caoimhghín Ó Caoláin: I will pass on any further supplementary questions.

Deputy Eamon Gilmore: The questions are to try to establish from the Taoiseach the Government’s priorities for legislation in 2010. In his reply the Taoiseach has referred us to the legislative list that was circulated at the beginning of the session. There are 85 pieces of legislation on that list but even with enormously improved productivity, we will not get 85 Bills enacted. The last time we had a legislative list, which was in September, 20 pieces of legislation were promised to be published by the Government in that session, that is, the session between September 2009 and Christmas 2009. Only eight of the 20 were published. A number of pieces 363 Ceisteanna — 9 March 2010. Questions

[Deputy Eamon Gilmore.] of legislation on that list of 85 have been around for some time. There is a judicial council Bill, which was to deal with the disciplining of judges. The Taoiseach will recall some issue arose in that regard. The legislation was originally promised in 2004 but has still not been published. There is a national monuments Bill which first appeared on the list in late 2003. Even with a Green Party Minister for the Environment, Heritage and Local Government, we still have not seen sight nor light of it. A Curragh of Kildare Bill was on every list published from 2003 until September of last year but it has now disappeared from the list altogether. I wonder what has happened to it. There are a number of Bills that are urgent. My colleagues have been asking repeatedly about the necessity for legislation to deal with the management of apartment blocks and private housing schemes. My colleague, Deputy Quinn, has been asking about urgent legislation promised with a view to dealing with the patronage of primary schools. Legislation is promised to deal with qualifications in education and training, which I would have believed is fairly topical given the report that was issued last week on grade inflation. There is also legislation that might save the State some money, such as the Environment (Miscellaneous Provisions) Bill, which has been published by the Minister for the Environment, Heritage and Local Government with a view to placing caps and controls on incinerators. This must be considered in light of the contradictory positions he and the Dublin city manager appear to have adopted regarding the incinerator proposed for Ringsend. We want to establish, in a general way, which of the 85 listed Bills the Taoiseach plans to have enacted by the end of the year.

The Taoiseach: The Deputy will know the Bills are graded into three lists, A, B and C. List A is the most relevant for those who want to consider what legislative proposals will be coming forward rather than refer to Bills that obviously are not accorded priority or which are not in prospect of enactment in the near future. The Deputy will know that when promises are made in respect of legislation, the period in question is not from the beginning of a session to its end but from the beginning of a session to the beginning of the next session. One must consider the Bills published before the first day of this session when accounting for the list of 20 about which the Deputy spoke. There would be more than eight by that definition. That is generally accepted by the Whips as what is meant when one brings forward a list and makes a promise of publication. I was asked about the priorities. Clearly, the priorities are those Bills that are on list A because they are more ready to go than the others referred to by the Deputy. Sometimes occasions arise when legislation must be drafted quickly. Therefore, Bills sometimes come before the House that are not on the list but which are necessary and urgent. Court cases or other issues may arise that leave a lacuna in the law and in respect of which the taxpayer would be put at risk were a change not implemented quickly. The Chief Whip, as chairman of the Government legislation programme, has been bringing forward these particular Bills. With regard to the Department of Finance, the Central Bank Bill is to replace existing structures with a new single and unified Central Bank of Ireland commission. The Finance Bill, which is before the House, is obviously important and it is to give statutory effect to budget day decisions. With regard to the Department of Health and Children, we have in prospect this year the nurses and midwives Bill, which is to modernise the regulatory framework for nurses and midwives. I understand the prescription charges Bill will be later this year. It is to enable charges to be imposed under the medical card and long-term illness schemes subject to a monthly cap. 364 Priority 9 March 2010. Questions

Traditionally, a large amount of legislation is brought forward by the Department of Justice, Equality and Law Reform. There are a number of Bills pertaining to this Department on the list. Criminal law and civil law are the sorts of areas in respect of which legislation will be brought forward. This legislation includes the civil law (miscellaneous provisions) Bill.

Priority Questions.

————

Departmental Structure. 41. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment if she has any plans to restructure her Department. [11669/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): It is a matter in the first instance for the Taoiseach to determine the structures and functions of individual Departments. Ministers, when appointed to Departments, are then responsible for policy determination and the performance of the functions that are assigned to their Department. My current policy priorities are centred on creating the right policy framework to assist the enterprise community to create and maintain employment opportunities while supporting the unemployed back into the workforce. Specifically, we are continually working to ensure we have the most appropriate policies to nurture both the indigenous and foreign direct investment sectors through current difficulties. We are also implementing several significant initiatives to assist the unemployed, and we continue to examine all options to do more on activation, training and re-skilling opportunities. More particularly, our current focus is on the areas of reviewing enterprise development agency relationships and strategies in light of the current challenges facing their stakeholders and, in this regard, we launched the new IDA strategy last week; updating the national skills strategy; finalising and promoting a new trade and investment strategy; providing enhanced consumer and competition protections through the merger of the Competition Authority and the National Consumer Agency; driving the competitiveness and green jobs agenda with Government colleagues; maintaining our strategy for science, technology and innovation, SSTI, investments to support the smart economy drive; and delivery of my Department’s many T16 employment rights and industrial relations legislative commitments. In support of policy implementation and monitoring, the Secretary General of the Depart- ment, under the Public Service Management Act 1997, is responsible for, among other matters, both the strategic and day-to-day management of the Department. The Secretary General, supported by his management board, keeps the structures and assignment of personnel throughout the Department under regular review to ensure it continues to be fit for purpose.

Deputy Leo Varadkar: My question was whether there are any plans to restructure the Department of Enterprise, Trade and Employment, which has existed in its current form since 1997. The question arises from reports in the media of proposals to break up the Department.

An Leas-Cheann Comhairle: That is a matter for the Taoiseach, not the Tánaiste.

Deputy Leo Varadkar: It is a valid question for the Tánaiste because I am sure she, her Secretary General and others in the Department would be consulted before the Taoiseach would break it up. Perhaps there is a case to be made for such a restructuring. In the United Kingdom, for example, there is a Department for Work and Pensions which deals with people on social welfare of working age as well as labour market aspects of law. 365 Priority 9 March 2010. Questions

[Deputy Leo Varadkar.]

It seems to me that the reason the Government is considering a reform, break-up or restructuring of the Tánaiste’s Department is that the Taoiseach does not want to move her aside or dismiss her and that his own personal loyalty to her means he is considering abolishing the Department from underneath her. Does the Tánaiste accept that is the case, that the reason the Department is under review and may well be broken up is that she is the Minister of that Department and not because any serious consideration is being given to reforming the Department itself?

An Leas-Cheann Comhairle: To clarify, the Taoiseach is answerable to the Dáil for the structure of Departments and the Tánaiste for responsibilities within her Department.

Deputy Mary Coughlan: The Leas-Cheann Comhairle has answered the question. This is a matter for the Taoiseach. The political insinuation that is being put across the Chamber is a political charge. As the Deputy knows full well, the development of the structures of my Department is within the remit of the Taoiseach. However, it is important to say that the Ministers of State at my Department and I have been very much involved in the streamlining of the services we provide to our citizens and the creation of new policy frameworks. We have worked hard towards the greater integration of the activities of Enterprise Ireland, the IDA, county enterprise boards and a number of agencies that are not necessarily our responsibility, such as the Leader programme, Meitheal Forbar- tha na Gaeltachta and Údarás na Gaeltachta, which are the responsibility of the Minister for Community, Rural and Gaeltacht Affairs, Deputy Ó Cuív. We have been working on enterprise policy and supporting that with the activities of Science Foundation Ireland. My colleagues and I have also been working closely with Forfás in using the independent supports available to the State through that body to ensure we have policy that is fit for purpose. We are looking at the proposals put forward in the McCarthy report to see whether there are new opportunities in shared services and new structures that will be more cross-cutting under the remit of several of the agencies within my Department.

Deputy Leo Varadkar: The Tánaiste says that this is, in the final analysis, a matter for the Taoiseach. However, has the Taoiseach had any consultations with her or with the Secretary General about breaking up the Department? I am sure he would discuss it with her before he would consider removing one of the elements of her Department or breaking it up. On “The Frontline” programme last night, an audience member, speaking about the Tánaiste’s representation of Ireland abroad, said there was a cringe factor. A recent newspaper article suggests that IDA representatives are embarrassed by the Tánaiste when she goes overseas with them. Others have said she is unable to talk to business people and that when she does, the language she uses is often inappropriate and vulgar.

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

Deputy Leo Varadkar: What does the Tánaiste say to those who level the charge at her that she is not suitable to represent Ireland overseas?

Deputy Mary Coughlan: I have numerous discussions with the Taoiseach on many issues which are the privilege of the Taoiseach and me. Unlike others, I do not discuss them in the public domain, nor will I add to any rumours in the context of the final decision of the Taoiseach. I respect that it is a matter for him, as I am sure Deputy Varadkar would respect the leader of his party in his determination as to where the Deputy’s responsibility is within the Front Bench or any changes he might decide in order to facilitate the Deputy or otherwise. 366 Priority 9 March 2010. Questions

This issue is a matter for the Taoiseach, and all my colleagues will be very much of the view that it is his prerogative to make his decisions. On the other issues to which the Deputy alluded, I appreciate very much that many of the nasty comments that have been made are politically motivated. Perhaps the Deputy should take the opportunity of seeing the work I have done on behalf of this country in working with the development agencies to ensure that we continue to have positive foreign direct investment in this country. I travelled on a number of occasions——

Deputy Leo Varadkar: Such investment has decreased by 47% since the Tánaiste took up her Ministry.

Deputy Mary Coughlan: Perhaps the Deputy has forgotten that there is a new economic reality. Despite that reality, 125 investments were made last year on the basis of considerable hard work by me, the Ministers of State at my Department and the development agencies in encouraging people to invest here. Equally, we have worked closely with many Irish companies, of which we are singularly proud, in providing new opportunities for them abroad. I have travelled abroad to represent Ireland in the context of our strategy in the Middle East, our strategy in supporting companies within the eurozone, in the United Kingdom, in the United States and, later on in the year, in Australia and Brazil. My personality is a matter for others to decide. My job is to represent this country abroad and I do so with pride and with the privilege bestowed on me by my Taoiseach. Political charges of that nature perhaps show the ineptitude of some in the Opposition who cannot prove that on this side of the House——

Deputy Leo Varadkar: These criticisms are not from the Opposition; they are from people in business.

Deputy Mary Coughlan: The issue is that the opposition is not in this House——

Deputy Leo Varadkar: We did not go on the Tánaiste’s overseas trips.

Deputy Mary Coughlan: ——and the political charges are ones which I may take from the Deputy but not from others.

Grocery Industry. 42. Deputy Willie Penrose asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to claims that some major supermarkets are demanding payment of up to €500,000 from suppliers in order to ensure the continued stocking of their products; the steps she will take to end this practice; and if she will make a statement on the matter. [11441/10]

Deputy Mary Coughlan: Competition law prohibits retailers from compelling suppliers to make payments for the advertising or display of grocery goods. Anyone who has evidence of traders engaging in such practices should bring this evidence to the attention of the Competition Authority in order that it can be fully investigated. The renewed programme for Government contains a specific commitment to “implement a code of practice for doing business in the grocery goods sector to develop a fair trading relationship between retailers and their suppliers” and “to review progress of the code and if necessary to put in place a mandatory code”. The Government will give effect to this commitment by including a specific provision in the legislation currently being prepared to merge the National Consumer Agency and the Competition Authority that will allow for the introduction of statu- 367 Priority 9 March 2010. Questions

[Deputy Mary Coughlan.] tory codes of practice in areas such as the grocery goods sector. I expect to publish this legislation later this year. In the interim period until the legislation is enacted, I intend to explore with all the relevant stakeholders the possibilities of agreeing a voluntary code that would respect the interests of all parties. A voluntary agreement offers stakeholders the opportunity to develop a code most suited to the dynamics of the grocery goods sector and which could form the basis of any subsequent statutory code.

Deputy Willie Penrose: I thank the Tánaiste for her reply. This situation has gone beyond a joke. If Mr. Paul Cullen can find out that Tesco is seeking up to €500,000 from suppliers in order to stock their goods, it is a joke. The Competition Authority has trumpeted its achievements. It has been a waste of space in this area because somebody has to come along and give evidence. Would the Tánaiste agree that such unfair practices are a common occurrence and a regular feature of the supplier-retailer relationship? Is the Tánaiste aware that a report, which has been prepared by Deputy Cyprian Brady, will be issued by the Joint Committee on Enterprise, Trade and Employment next week which examines the issue? The joint committee had to go to great lengths in order to speak to people. Everything one has been told about unfair practices continues because nobody wants to stand up and give evidence on the issue. That is what is happening. What are the Tánaiste’s views on the fact that supermarkets have demanded millions of euro over the past number of months in return for the continuous stocking of products on supermar- ket shelves? Mr. Paul Cullen has done an excellent job as consumer affairs correspondent of The Irish Times. Is the Tánaiste aware, from media reports, that Tesco has sought €500,000 in order to ensure the presence of goods in 190 stores across the country? It is not unique to any multiple; sums of money are sought by everybody. Does the Tánaiste accept that a sum of money of this magnitude represents normal negotiations with suppliers of produce in this country, as was said in the article to which I refer? Is it the case that demands for pay to play money are not illegal but, rather, pump up prices for the consumer? Suppliers, in effect, are being bullied by the major retailers across the country.

Deputy Mary Coughlan: The Deputy is Chairman of the Joint Committee on Enterprise, Trade and Employment and I appreciate what he said, as well as what was said by representatives from agriculture. I have met many of the companies involved who, unfortunately, are not in a position to make a formal complaint. However, today I have asked an independent, eminent person to consider bringing to finalisation a code of practice. I and the Minister for Agriculture, Fisheries and Food, Deputy Smith, have discussed the matter. The person concerned has been requested to take that work on board and I hope he will. Arising from that, it is my clear intention to ensure a number of things. First, we need to provide value for money and choice for the consumer. Second, as a former Minister for Agriculture, Fisheries and Food, we must continue to support the agricultural base in food and beverage production which we have in this country. Third, we need to ensure that we continue to have a strong and vibrant retail sector which provides choice. In reading all of the work which arose from the initial code which was introduced, there are polarised views on this matter. That being said, it is my intention to bring those matters to finality with a voluntary code as a matter of urgency. The code will then become statutory as part of my legislation. I appreciate the Deputy’s concerns. I share them, on the basis that many people bring them to my attention and that of my colleagues. I will be appointing someone to do that body of work.

368 Priority 9 March 2010. Questions

Deputy Willie Penrose: Does the aggressive behaviour from retail companies amount to an abuse of their dominant position? They exert phenomenal pressure on suppliers with whom they have business relationships. The power imbalance between the supplier and the retailer is an important matter. It seriously disadvantages suppliers which are trying to operate profitably. They are subject to requests for “Hello” money in one form or another. It is extremely onerous for a small business which has limited resources and may put them out of business. If our report, which will be launched next week, identifies the issues in the market, it is incumbent upon the Tánaiste to act in order to eliminate them, which requires a statutory code of practice and the establishment of an ombudsman for the retail trade to police its enforcement. That is critical. Voluntary codes mean nothing to the retailers concerned. They appeal to all of us to put in place voluntary codes of practice. A statutory code such as that in place in England is required. The Competition Commission in the United Kingdom dealt with the issue following a report. The Competition Authority in Ireland did not do so. It wants everybody to gather the evidence. It is great at coming in and blowing its trumpet. It wants one last man or woman standing. That is all it is good for; it claps itself on the back. I fought with it in the past. It is getting a new director general, but I am not afraid to fight in public with such people, and the Minister, Deputy Calleary, knows that. It wants the last person standing, like a Clint Eastwood film with nothing but bushes growing in the ditches and one shop open — a large shop which gobbles up everything else. That is what is happening in the country. The Competition Authority has failed in this area.

Deputy Arthur Morgan: It is costing jobs.

Deputy Willie Penrose: It is costing jobs.

Deputy Mary Coughlan: The Competition Authority will investigate issues which are anti- competitive. We have banned below-cost selling and “Hello” money. However, as I am sure the Deputy will appreciate, I want to introduce the code immediately. It will take some time to introduce it, from a legislative point of view, which is why it will be voluntary. The authorities in the United Kingdom have returned to consultation. It is clearly not my intention to do that. My intention is to bring all of the consultative work which is being done together, including the report to which the Deputy referred, and the views——

Deputy Willie Penrose: The Tánaiste will have it next week.

Deputy Mary Coughlan: ——of the members of the committee. Enforcement will be the matrix by which we will be judged. It is very difficult to do, but I will include a specific designated person in the new merged authority to deal specifically with the enforcement issues which arise from the code. Although it is difficult, it is clearly my intention to deal with this matter quickly.

Banking Policy. 43. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment if she is satisfied that the banks and other financial institutions are making sufficient credit, new loans and working capital available to business; and if she will make a statement on the matter. [11670/10]

Deputy Mary Coughlan: The central objective for Government is the provision of normal credit on fair commercial terms in our economy to all viable large, medium and small businesses. It is critical that our banking system is again fully fit for purpose, whether in providing 369 Priority 9 March 2010. Questions

[Deputy Mary Coughlan.] working capital, new loans or other credit facilities to businesses. The relationship between banks and businesses needs to be fully restored, and built on trust and economic and business realism. There is no doubt that banks are making significant credit available to businesses, albeit in the context of a decline in demand for credit against a background of slower economic activity. The independent reviews of bank lending carried out by Mazars show clearly there are reductions in lending volumes going to businesses. Against that, we are all well aware of the demands from businesses for greater access to bank credit, in particular for working capital needs. The Government has taken a range of actions to sustain the banks and facilitate the flow of credit to the wider economy. The bank guarantee scheme, the bank recapitalisation scheme, the nationalisation of Anglo Irish Bank and the massive effort we have put into the entire NAMA process all have the single purpose of getting our banking sector supporting the wider economy. As the Taoiseach has already announced, the Government’s plans to restructure the banking sector are imminent and will be announced over the coming weeks. Further recapitalisation of the banks may feature as part of these plans. The Minister for Finance, Deputy Brian Lenihan, will issue guidelines shortly in order to ensure that businesses will have recourse to an independent external review of decisions of credit refusal by the NAMA participating banks. It is hoped that banks not participating in NAMA or covered by the Government guarantee will also decide to join the system. The aim is to have a simple, effective review process, run by people with experience and credibility. The banks must comply with the recommendations of the review process or explain why they will not do so. In addition to dealing with individual cases, the credit review system will examine the credit policies and practices of the banks in respect of SMEs. This will help to determine what further action might be necessary to secure the flow of credit. The Minister for Finance, Deputy Lenihan, intends to publish the analysis from the review process in order that the performance of the banks participating in NAMA will be clear to all. Within my own Department, the enterprise development agencies such as Enterprise Ireland, FÁS and the county and city enterprise boards have continued to assist enterprises through their grant and advisory schemes. Significant allocations were made in my Department’s Estimates for 2009 and 2010 to sustain the work of these agencies. The enterprise stabilisation fund and the employment subsidy scheme are additional measures to make funding available to assist SMEs through their current difficulties.

Additional information not given on the floor of the House . The Government has also introduced formal arrangements to reduce the payment period by central Government Departments to their business suppliers from 30 to 15 calendar days. This commitment has had an effect on all valid invoices received on and from 15 June 2009 and is helping cash flow difficulties for enterprises. I published returns for the quarter ending 31 December 2009 on my Department’s website last Friday, 5 March 2010. Government Depart- ments are generally paying 97.9% of their invoices by value within 15 days. SMEs are central to our economic development and the range of measures and supports in place will be kept under review to ensure that they continue to help the sector adapt to the current economic climate.

Deputy Leo Varadkar: Sometimes I think the Tánaiste and I do not live in the same country. I heard her reply, in which she said there is no doubt banks are making significant capital and credit available to businesses. That is just not true. I wonder whether she is spending too much time doing the clinic of Pat The Cope Gallagher in her constituency, rather than talking to 370 Priority 9 March 2010. Questions business people about the realities of what is going on. Businesses are being starved of credit and, in particular, are being starved of working capital. Every business will not survive this recession but what I cannot tolerate is seeing viable and potentially viable businesses go to the wall because they cannot get credit and working capital because their overdrafts are being turned into loans. It seems we have been talking about this for I do not know how long. It is nearly two years since the bank guarantee and since the Minister, Deputy Brian Lenihan, promised us that credit would be extended to business and that there would be a wall of cash coming at us, to use his own words.

An Leas-Cheann Comhairle: A question, please.

Deputy Leo Varadkar: Will the Tánaiste do something about this? Will she introduce an enterprise finance guarantee, as has been done in the United Kingdom, to ensure credit is extended to business again? If she will not do that, will she at least consider establishing a new bank, a national recovery bank, as Fine Gael has suggested to ensure these zombie banks are not relied on to provide credit when we can have a new bank that will do so?

Deputy Mary Coughlan: It is not the intention to do so. On the issue of access to credit, it is important to make several points. First, the Minister of State, Deputy Billy Kelleher, on my behalf travelled the entire country listening to businesses, particularly small businesses, to find the particular issues. Second, we set up a review group comprising all of the key stakeholders and all of the banks. The Deputy might roll his eyes but——

Deputy Leo Varadkar: The Tánaiste is always setting up groups for stakeholders and all of that.

Deputy Mary Coughlan: It really helps to bring people together to ensure that they appreciate the other sides of the argument and how they can work together instead of being adver- saries. Third, Enterprise Ireland facilitated the transfer of some personnel between the banks to ensure the experience and expertise on business and business decisions would be made available. That has happened and is ongoing. Fourth, we introduced the Mazars report and, following on from that, a further Mazars report. Following on from that, it is important to make several points. On my behalf, Forfás, my Department and Enterprise Ireland are examining the potential of a loan guarantee scheme. We are working very closely with the Minister for Finance and his Department to ensure that, in the context of further work within the banking system, access to working capital for businesses will be to the forefront of that decision making. In the context of the European 2020 programme, access to working capital and venture capital is very important and one of the key drivers of many discussions that are taking place at EU level. I will pursue this vigorously and we will continue to be vociferous in seeking to ensure fairness and equity in supporting business.

Deputy Leo Varadkar: This is all process. We know this Government is great at process. There are review groups, research papers, committees and task forces which all get together and write another report. We are sick to death of process. It is now two years since the bank guarantee and what we need is action. When will the Minister act on this issue and make a decision on whether there will be a loan guarantee for small business.

Deputy Mary Coughlan: As was said to the Deputy’s party leader on several occasions by the Taoiseach, if the Deputy’s party was on this side of the House, we would not have any banking facilities because we would have no banks. 371 Priority 9 March 2010. Questions

Deputy Leo Varadkar: We have no banks. They are zombies to which the Government gave €11 billion to lend no money.

Deputy Mary Coughlan: The differences between Fine Gael and the Labour Party are striking. The one thing we have is a plan, that plan is NAMA, we are working on its development and working out that system to ensure we have access to credit and that we deal with the viability of the banking system. We are working towards examining the potential of a loan guarantee scheme.

Deputy Leo Varadkar: Working towards examining.

Deputy Mary Coughlan: It is easy to sit over there.

Deputy Leo Varadkar: Let us swap places.

Deputy Mary Coughlan: Let us hear all about the Fine Gael magic bank, that monument to Deputy Enda Kenny——

Deputy Damien English: What is it called?

Deputy Mary Coughlan: ——where we will bring all of the organisations together, create one huge monolithic God knows what, to ensure——

Deputy Damien English: Has the Tánaiste read the policy?

Deputy Mary Coughlan: I have.

Deputy Conor Lenihan: George read it and he got out.

Deputy Mary Coughlan: Exactly. At least to be fair to him, he realised it is not workable and will not create any more jobs.

Deputy Damien English: It is too complicated for the Tánaiste.

An Leas-Cheann Comhairle: We must move on to the next question.

Deputy Mary Coughlan: The Deputy is the very one who came to this House to discuss quangos. He wants to create the biggest quango that was ever created in the history of this State through the development of what he wanted to do on the creation of jobs.

Deputy Damien English: It is not a quango. It is a commercially driven State body. The Tánaiste should cop herself on. This is the Tánaiste trying to dismiss the idea.

Deputy Conor Lenihan: So is Garret Fitzgerald.

Deputy Damien English: I am fed up listening to this. It is a stupid argument. It is quite simple to read it. It is in black and white.

An Leas-Cheann Comhairle: If the Deputy is fed up listening, perhaps he should find something else to do. This is a House of Parliament. Please allow Members to speak. I call Question No. 44.

Departmental Review. 44. Deputy Damien English asked the Tánaiste and Minister for Enterprise, Trade and Employment, further to chapter 3 of the organisational review programme, a public modernis- 372 Priority 9 March 2010. Questions ation initiative under the auspices of the Department of the Taoiseach, the actions she has taken to date to ensure that the capacity of her Department was adapted to meet the challenges identified; the action she has taken to tackle aspects of the report (details supplied); and if she will make a statement on the matter. [11671/10]

Deputy Mary Coughlan: The organisational review programme — or ORP — report was based on examination of my Department’s capacity to deliver for our stakeholders and was published in November 2008. As part of the ORP process, and in response to the ORP team’s findings, my Department drew up an action plan aimed at addressing the specific findings of the report and that action plan was published in conjunction with the ORP report. The plan set out several specific strategic actions the Department was to implement to further enhance and deepen the Department’s capacity to deliver our mission, building on the many strengths already evident among the staff working in the Department. My Department established an ORP action plan implementation group in 2009 to oversee and report on the plan’s implementation. This group is chaired by a member of my Department’s management board and its membership comprises members representing different divisions of the Department. The various individual actions in our plan are being delivered through a number of key strategies in the areas of staff training and development, HR, quality customer service, ICT and communications, as well as by undertaking specific actions directed at very particular findings. The action plan is augmented by the necessary and evolving change required to meet the challenges resulting from the radically altered fiscal environment in which the Department operates, as well as in light of reduced financial and personnel resources which obtain now and will continue into the future. I am satisfied the Department is working diligently to deliver its ORP action plan commitments while managing the significantly changed policy environment created by the global economic downturn of the past two years. While there is more to be done to further improve our delivery, the key policies and initiatives necessary to address the findings of the 2008 ORP report are in place and are being implemented. I am satisfied with progress achieved to date in very challenging times for the public service.

Deputy Damien English: I do not agree with the Tánaiste’s analysis. She has published her 47-point plan but most of the points are on minor issues. The whole idea of this review was for the Tánaiste to shake up her Department and get it ready to take on new opportunities and new threats. That has not happened and the results speak for themselves. The fact that more than 400,000 people are unemployed and businesses cannot get credit are two examples. The Department has failed. As a major Department, it was specifically asked to engage with other Departments on cost-cutting measures to drive the competitiveness agenda. It has failed in that as well.

An Leas-Cheann Comhairle: A question, please.

Deputy Damien English: I am asking the questions. I want the Tánaiste to answer me.

An Leas-Cheann Comhairle: The Deputy is making a speech.

Deputy Damien English: If I made a speech, I would take much longer than this. What specifically has the Tánaiste done with her Department to make it ready for the current situation? It does not seem to have worked. Why has she failed to drive the agenda across all Departments? This country is uncompetitive and businesses are suffering as a result. She was given the responsibility in this document to get her Department up to speed to be able to do it. It has not happened. 373 Priority 9 March 2010. Questions

[Deputy Damien English.]

The Tánaiste was also told in this policy to take responsibility for initiatives in her area. What has happened? The Department of the Taoiseach has taken over the smart economy policy and new innovation fund. Will the Tánaiste explain where her Department has improved or been made ready to take on the job it should be doing now? The Taoiseach is considering chopping up this Department because the Tánaiste has failed. Will she show me where she believes her Department is ready to take on the job it is meant to do?

An Leas-Cheann Comhairle: Time, please. I call the Tánaiste to reply.

Deputy Damien English: If not, we will have it chopped up. That will create more delays and more job losses as each new Department finds its way around. It speaks for itself.

Deputy Mary Coughlan: I do not know why I should answer the question. The Deputy is going around in circles. The question is——

Deputy Damien English: The question is clear — what has the Tánaiste done in her Depart- ment that might work?

An Leas-Cheann Comhairle: Please, Deputy. Allow others to speak.

Deputy Mary Coughlan: That is the question. The Deputy raised the issue of the competitiveness agenda, which is key to the work that has been ongoing in the Cabinet sub-committee dealing with economic recovery, where my Department, as the lead Department, has ensured we have reduced our electricity and gas costs, which are a major issue, and reduced the regulatory burden on businesses. All of that work has been achieved.

Deputy Damien English: What?

Deputy Mary Coughlan: We have seen a reduction in energy costs and labour cost inputs.

Deputy Damien English: What about the red tape?

Deputy Mary Coughlan: The issue of competitiveness is being dealt with. We will continue to drive the competitiveness agenda, particularly in the more sheltered sectors, arising from the Competition Authority proposals dealing with the non-traded sectors in particular, although I appreciate the Deputy is not always enamoured with Competition Authority proposals. These are the challenges associated with the issue of competitiveness and this is to the forefront in the work of the Department.

An Leas-Cheann Comhairle: A brief supplementary from Deputy English.

Deputy Mary Coughlan: The reorganisation of the Department is clearly focused in establishing much better, well-supported, clearly focused, policy driven initiatives in particular with regard to the issue of competitiveness.

An Leas-Cheann Comhairle: Deputies will note that one minute is allowed to ask a question and one minute to reply.

Deputy Damien English: This review paper gave the Minister the opportunity to fix her Department but she did not do so and as a consequence, her Department will be chopped up. She would better serve the country if she moved out of her Department so that it would not be chopped up. Chopping it up and moving it around will cause delays in strategies and actions and we have had nothing but inaction. She has not tackled the competitiveness issue—— 374 Priority 9 March 2010. Questions

An Leas-Cheann Comhairle: A question, please.

Deputy Damien English: These are questions. She claimed in her reply that she has reduced the burden of red tape but she has not done so. If this is the case then she should prove it to me. Businesses are suffering and unemployment is rising every day. If the actions in this report had been implemented, she might be in a position to hold on to her job and her Department might be in a position to have us in a better place but she did not do it.

An Leas-Cheann Comhairle: The Tánaiste for a final reply.

Deputy Damien English: The Taoiseach takes over responsibility for the two main issues, the smart economy and the innovation fund but her Department cannot handle them.

Deputy Mary Coughlan: The Deputy knows nothing about the running of any Department——

Deputy Damien English: The Minister is wrong in that. I have consistently questioned the Tánaiste and her Department.

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

Deputy Damien English: I wish I had her job and she would find out.

Deputy Arthur Morgan: I would much rather take my chances with him.

An Leas-Cheann Comhairle: I have called the Tánaiste and Deputy English will resume his seat.

Deputy Damien English: May I defend myself afterwards?.

An Leas-Cheann Comhairle: I have called the Tánaiste to reply.

Deputy Willie Penrose: The Leas-Cheann Comhairle should be shown some respect.

Deputy Mary Coughlan: The question is about the ORP, the organisational review programme, which is dealing with the structures, the frameworks and the policy initiatives involved in running the Department. I and the team in my Department are fully addressing the competitiveness issue. We are working with a number of colleagues to ensure that from an over-arching perspective the competitiveness and the innovation issues are being dealt with. We have set down matrix and parameters which have——

Deputy Damien English: Matrix again, here we go.

Deputy Leo Varadkar: Matrix in the framework.

Deputy Mary Coughlan: ——been achieved. If the Deputy had bothered to read the work of IDA Ireland, he would clearly see that there is a new narrative in encouraging FDI, foreign direct investment into the country, based on greater competitiveness, a reduction in our energy costs and a reduction in the labour unit costs. That is the reality and we are much more competitive——

An Leas-Cheann Comhairle: We must move on. I call Question No. 45.

Deputy Mary Coughlan: ——but it will continue to be an issue we will continue to support. 375 Priority 9 March 2010. Questions

Deputy Damien English: With respect, a Leas-Cheann Comhairle, I am entitled to make one small point.

An Leas-Cheann Comhairle: I am afraid we are well over time on this question. This is Question Time and not a time for speeches.

Deputy Damien English: The Tánaiste cannot stand there and say I do not know anything about running the Department.

An Leas-Cheann Comhairle: Please allow us to proceed.

Deputy Damien English: If I am allowed make one point then I will sit down.

An Leas-Cheann Comhairle: Deputy, we are not here to bargain. Please resume your seat.

Deputy Damien English: I have been insulted. It is to do with changing an organisation to get competitive.

An Leas-Cheann Comhairle: I am sure the Deputy will find a way of defending himself.

Deputy Damien English: She cannot understand the concept.

An Leas-Cheann Comhairle: I call the Minister of State, Deputy Conor Lenihan.

Deputy Conor Lenihan: Deputy English is clearly a more fragile creature than the gentleman beside him.

An Leas-Cheann Comhairle: It would be very helpful if the Minister of State did not aggra- vate an already difficult enough situation.

Deputy Conor Lenihan: I understand the Deputy opposite is slightly fragile. I did not realise he was so fragile.

Deputy Willie Penrose: Deputy Morgan and I are the only voices of sanity.

(Interruptions).

Deputy Conor Lenihan: We always thought Meath full-backs were a little bit more robust than that. I am speaking as a Dub, of course.

An Leas-Cheann Comhairle: I ask the Minister of State to proceed with answering the question.

Economic Competitiveness. 45. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on the fact that businesses are not viable due to high commercial rents; if she will intervene in this; and if she will make a statement on the matter. [11260/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Conor Lenihan): My colleague, the Minister for Justice, Equality and Law Reform set up a new working group to look at the issue of commercial rent reviews last week and my Department is represented on this new group. The group will be asked to focus particularly on the arbitration process and the adequacy of the information available to all parties in the context of commercial rent reviews. The Minister for Justice, Equality and Law Reform, Deputy Dermot 376 Priority 9 March 2010. Questions

Ahern, has already banned upward-only rent reviews in new leases, which took effect this month. The new group will bring all the relevant parties together to see how we can deal further with other aspects of concern in existing leases. With regard to more general measures to support jobs and growth in the economy, Budget 2010 included a number of pro-business, pro-jobs and pro-enterprise measures, including a car scrappage scheme, the extension of the tax exemption for start-up companies, an improved research and development tax credit to 25%, tax treatment of certain dividends, withholding tax on royalty income——

Deputy Leo Varadkar: On a point of order.

An Leas-Cheann Comhairle: If the Minister of State would yield to a point of order.

Deputy Conor Lenihan: I am not inclined to do so.

An Leas-Cheann Comhairle: I am the one who calls.

Deputy Conor Lenihan: I said I was not inclined, given the Deputy’s——

An Leas-Cheann Comhairle: I was being respectful to the Minister of State. I will allow Deputy Varadkar on a point of order.

Deputy Leo Varadkar: I know the Minister of State is familiar with the standing orders relating to relevance. The question is about rents and it is not about scrappage schemes or any of that stuff. We are being given a stock reply from the Minister of State. It is not in order for him——

Deputy Damien English: Deputy Lenihan should continue with the second page of his reply.

Deputy Leo Varadkar: ——to give an irrelevant answer.

An Leas-Cheann Comhairle: The Chair has not control over the content of answers. There is long-standing precedent——

Deputy Leo Varadkar: It is about relevance. What has a scrappage scheme got to do with rent reviews?

An Leas-Cheann Comhairle: Deputy Varadkar, please at least listen to the full answer before coming to a conclusion about its content.

Deputy Leo Varadkar: This is a case of copy and paste.

An Leas-Cheann Comhairle: I call the Minister of State.

Deputy Conor Lenihan: I would be delighted to give way to the Deputy and take any questions from the Deputy. I will not finish answering that question but I will circulate it later.

Deputy Leo Varadkar: There is no need to do that.

Deputy Willie Penrose: The Deputy and everybody else is very tetchy, except for Deputy Morgan and me.

Deputy Conor Lenihan: I am not tetchy, I am delighted to be here.

An Leas-Cheann Comhairle: A question, Deputy Varadkar. 377 Priority 9 March 2010. Questions

Deputy Leo Varadkar: The question is to do with commercial rents. We all know that commercial rents are volatile and I accept they are coming down in many sectors. However, it is clear that institutional investors, pension funds, banks and others, are not reducing their commercial rents. They do not wish to do so because they do not want to come clean about their own capital situation, that they have based their own books on overvalued assets. Does the Minister of State agree with this analysis? Does he agree that institutional investors, the big financial institutions, who are landlords, are not doing enough to reduce commercial rents? Before he has his group, his committee, stakeholders and matrices and all the other stuff, he has to answer the simple question of whether he agrees with that analysis that the financial institutions are not adequately reducing commercial rents.

Deputy Conor Lenihan: We need better information in this regard and this is why the group has been established. It is not a universal fact that all banks or institutions are acting in the way described by the Deputy. An important aspect which seems to have escaped the notice of the Deputy and should be remarked upon is that prior to the local elections, his own party, which now controls most of the local authorities, promised to get local authorities to reduce rates.

Deputy Leo Varadkar: We said we would freeze them and we did.

An Leas-Cheann Comhairle: Please allow the Minister of State to reply.

Deputy Conor Lenihan: Nothing has been done by your party since. You opposed a more than 3% reduction in Fingal ——

Deputy Leo Varadkar: That is not relevant.

An Leas-Cheann Comhairle: The Minister of State should direct his remarks to the Chair. I call Deputy Varadkar for a brief reply.

Deputy Conor Lenihan: It is very relevant; the Deputy’s party was talking about reducing business costs. His party has direct responsibility for local authorities, along with the Labour Party, up and down this country and Fine Gael has signally done nothing to reduce the rates bill and in some cases the rates bill is bigger in Dublin than the rent bill for many businesses. His party has shown nothing and the first chance they got they did nothing.

Deputy Leo Varadkar: I reject that allegation. In most of the local authorities controlled by my party, rates have been frozen as we promised and in others they have been reduced, for example, in Fingal County Council and in Dún Laoghaire-Rathdown, which is controlled by Fine Gael.

Deputy Conor Lenihan: The Deputy’s party promised bigger reductions.

An Leas-Cheann Comhairle: The Opposition should ask the questions and the Minister of State to reply.

Deputy Leo Varadkar: The Minister of State has made it clear he is not yet convinced that commercial rents are not being reduced sufficiently and he wants more information. Will he agree with my analysis on this matter that essentially, landlords today are behaving like they did during the Famine? In the Famine, landlords drove tenant farmers off their lands and now the big commercial institutional landlords are driving businesses to the wall and driving people out of their jobs? 378 Other 9 March 2010. Questions

Deputy Conor Lenihan: Clearly I do not agree with the Deputy’s analysis. It is a much more varied picture than he depicts. I know from my experience as a Member of the Dáil that many landlords are reducing their rents in line with the decline in retail and other businesses——

Deputy Leo Varadkar: Not the institutional landlords.

Deputy Conor Lenihan: ——and many landlords are exercising a preference for delayed or postponed rental payments, precisely because they see the status of certain retail business. For example, this has been the case, literally down the road from Leinster House where a restaurant——

Deputy Leo Varadkar: The restaurant had to close.

Deputy Conor Lenihan: The Deputy should supply the follow-on vital piece of information whereby the rents were reduced by the landlord——

Deputy Leo Varadkar: After the restaurant closed its doors.

Deputy Conor Lenihan: Yes, under pressure.

Deputy Leo Varadkar: That is not a very good example, a business forced to close.

Deputy Conor Lenihan: I know one cannot argue with medical doctors.

Other Questions.

————

Job Creation. 46. Deputy Jimmy Deenihan asked the Tánaiste and Minister for Enterprise, Trade and Employment if she has had any further discussion with an airline (details supplied) in the past week regarding their proposal to provide 300 aircraft maintenance jobs at Dublin Airport; and if she will make a statement on the matter. [11284/10]

Deputy Mary Coughlan: My most recent contacts with Ryanair were a meeting I had with its chief executive officer, Mr. Michael O’Leary, on Tuesday 16 February, followed by a letter I wrote to Mr. O’Leary on 18 February and letters I received from him on 19 February and 25 February. Mr. O’Leary also responded on 19 February to a letter of 18 February from Shannon Development, one of the agencies under the aegis of my Department, which offered Ryanair the opportunity to consider locating aircraft maintenance operations in Shannon if it was not satisfied with the options on offer at Dublin Airport. When SR Technics announced it was withdrawing from maintenance operations in Dublin Airport, as Minister for Enterprise, Trade and Employment, I stressed to all parties that I would very much welcome if the buildings and machinery used in the SRT operation could remain available for maintenance operations. This appeared the best way of securing jobs for ex-SRT workers and maintaining industrial employment of the type promoted by my Depart- ment and its agencies at Dublin Airport. With this in mind, a process to hear and consider expressions of interest from any parties interested in continuing maintenance operations at the site was put in place and operated by the IDA and Enterprise Ireland. A number of developments have since occurred. Dublin Aerospace has commenced operations, with 70 employees initially recruited, to operate a main- 379 Other 9 March 2010. Questions

[Deputy Mary Coughlan.] tenance, repair and overhaul facility; the company expects the number of jobs to grow to 226. The garage business unit of SR Technics has been taken over by the M50 Truck and Van Centre, which was successful in securing the airside vehicle maintenance contract from SR Technics. Aer Lingus has decided to undertake, with the transfer of a number of employees, line maintenance operations previously contracted to SRT. Ryanair’s interest in carrying out heavy maintenance operations, initially aiming to employ 500 and more recently 300, was always based on a proposal to carry out this work in hangar 6, which it regarded as the only suitable building among the six hangars for maintenance of this type. As matters progressed, I was informed by the DAA, Aer Lingus and the Department of Transport that hangar 6 continued to be occupied by maintenance operations carried out on Aer Lingus aircraft, that Aer Lingus continued to hold legal rights to have its maintenance carried out in this hangar and that Aer Lingus had indicated that it wished to 4o’clock continue to avail of this. This position has been reiterated recently and the Government has received legal advice that there is no legal means by which either the Government or the DAA can secure hangar 6 for the Ryanair project in circumstances where Aer Lingus continues to exercise its legal rights to remain in the hangar. In my recent exchanges with Ryanair, I have emphasised that the Government remains anxious, in any way that is open to it, to facilitate Ryanair to deliver its proposal on 300 jobs. This can still be facilitated through existing hangar space in Dublin Airport or through an entirely new hangar at Dublin or Shannon Airport built to Ryanair’s requirements. Temporary facilities are, if appropriate, available in a short time-scale in Dublin or Shannon to facilitate maintenance operations while more permanent accommodation is being finalised. Mr O’Leary has, however, also confirmed that he is only interested in establishing a maintenance facility in hangar 6 in Dublin.

Deputy Leo Varadkar: Today is another black day for Ireland, for jobs and for the aviation industry. Earlier today, Michael O’Leary confirmed that the jobs had been lost to Dublin. I have reviewed the documents and read all the letters. Having looked at them, on reflection it appears there was an opportunity to bring either 500 or 300 aviation jobs to Dublin.

Deputy Conor Lenihan: That is not what the Deputy was saying a few weeks ago.

Deputy Leo Varadkar: That opportunity existed about nine months ago when SRT gave up its lease for the hangar. If at that time the DAA had acted fairly and if Ryanair had been talking to the DAA and, in particular, if the Tánaiste had been reading her mail and had taken an active role, those jobs could have been secured for Dublin and the SR Technics workers who lost their jobs, their pensions, their hope and their dignity would now have a prospect of employment. Is it not the case that the Tánaiste took her eye off the ball, adopted a hands-off approach and, as a result of her bungling and incompetence, we have lost 300 good, well paid jobs?

Deputy Mary Coughlan: I refute that remark. The work of the committee last week indicated that Aer Lingus required hangar 6 and that Mr. O’Leary was only interested in hangar 6 in the provision of these jobs. It is also important to say that Ryanair received legal advice well before SRT decided to move from here, indicating that hangar 6 would be hugely complicated. When Aer Rianta established TEAM Aer Lingus, Aer Lingus would continue to have a say in the hangar 6 issue regardless. 380 Other 9 March 2010. Questions

It is also true that, on my behalf, Mr. Barry O’Leary, CEO of the IDA, advised Mr. Michael O’Leary at that time that when SRT was leaving the country, it would be prudent, appropriate and correct to contact the DAA to ascertain whether access to hangar 6 could be obtained at that time. He did not take up that advice. It is also important to say that the Government, I as the Minister, working with my colleague, the Minister for Transport, and the DAA have provided many opportunities to Mr. O’Leary for the provision of jobs by Ryanair through the availability of existing hangar space, either on a temporary or long-term basis, the provision of a site where Mr. O’Leary could buy and build his own hangar, or where the DAA would provide that hangar for his requirements and that Shannon Airport would provide similar facilities. We are being fair and reasonable but Mr. O’Leary has not been in a position to take up those offers.

Deputy Willie Penrose: I accept there are significant and complex legal issues involved. The Tánaiste made offers of alternatives to Michael O’Leary. He comes from the same county as me and it appears that he got impatient with pendulum-style politics, the Tweedledum, Tweedledee facilitation that Aer Lingus had to be accommodated at all times while the DAA had an interest. The interest of the 300 or 500 jobs was lost in the maelstrom. Now the jobs are definitely lost, is there any lesson to be taken from the debacle to ensure it will never recur? Foreign countries must be treating us as a laughing stock.

Deputy Arthur Morgan: I have some sympathy with the position the Tánaiste found her herself in. Has there been any progress with access to the European globalisation fund for those SRT workers who want to up-skill? The Minister of State, Deputy Calleary, has been working as hard as he possibly can on the issue but an update from the Tánaiste on the fund would be welcome.

Deputy Finian McGrath: Coalition is on the way.

Deputy Damien English: In the negotiations with Mr. O’Leary, what was the timeframe for having the place ready so the jobs could start? Was there an issue with potential planning delays? Was the Tánaiste in a position to guarantee that the hangar could be dealt with under the Planning and Development (Strategic Infrastructure) Act?

Deputy Mary Coughlan: It was almost two years ago that SRT management came to me indicating grave concerns about the viability of the company. Through Enterprise Ireland and the IDA, I supported the organisation but unfortunately the new CEO and the board decided not to continue in Dublin. We then worked with all interested people to ensure replacement jobs were created. I personally worked closely with Dublin Aerospace and the management group that approached me for support in establishing a new maintenance operation. We had a number of smaller successes and I am glad that last week the DAA was in a position to sign another contract for 123 jobs in Dublin Airport. There has been considerable work done and many of those who were working with SRT will have the capacity to be employed there. I have been working vociferously and personally on a number of occasions and I have used my political position as Tánaiste in working with the Government of Abu Dhabi to ensure we had access and could deal with the requirements of Dublin Aerospace. With regard to the European globalisation fund, the Minister of State, Deputy Calleary, met the Commissioner yesterday to discuss the matter. We had to submit complicated responses to the Commission and I hope to meet the Commissioner myself with the Minister of State to pursue the matter as vigorously and as expeditiously as humanly possible. 381 Other 9 March 2010. Questions

Deputy Damien English: What about planning permission? What was the timeframe involved?

Deputy Mary Coughlan: The timeframe would be similar to the timeframe the Scottish Government was in a position to give. I indicated that Fingal County Council was more than helpful when facilitating others that came to the airport and I expected the same for Ryanair. In the interim, to allow for immediate start-up, we offered the existing hangars as a short or long-term measure.

Departmental Agencies. 47. Deputy Mary Upton asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of labour inspectors employed by the National Employment Rights Auth- ority; the number of labour inspectors available for assignment on normal duties; the number of labour inspectors in training following recruitment; the position regarding the recruitment campaign to increase the labour inspectorate to 90 inspectors; and if she will make a statement on the matter. [11389/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): The National Employment Rights Authority was established on an interim basis in February 2007. NERA has the following three functional areas: the communications and strategic services unit, which operates an information service ion employment rights legislation and promotes an awareness of employment rights; the inspection services unit, which is responsible for monitoring and enforcing compliance with certain employment conditions for all categories of workers in Ireland, including migrant workers; and the legal services unit, which amongst other things deals with the enforcement of awards by the Labour Court and the Employment Appeals Tribunal through the courts and prosecutes cases on behalf of the inspection services in situations where employers fail to comply with certain employment rights legislation. NERA currently has 116 staff across five locations, including a team of 69 inspectors. These inspectors are all available for assignment to inspection duties. No inspector is currently in training. Since NERA’s establishment, 22 inspectors have left as a result of promotion or internal and external departmental transfers and re-assignments and this has brought the number of inspectors to its current level of 69. The moratorium on recruitment and promotions in the public service has had an impact on NERA in common with all other public bodies. Providing value for money is a key focus of NERA’s operations. In much of its activity in 2009, it managed to increase or maintain service levels despite reduced resources. Its telephone information service provided information to more than 150,000 people in 2009, an increase of over 30% on the 2008 figure. Approximately 129,500 calls were dealt with directly by NERA’s experienced information officers and the agency’s website, www.employmentrights.ie, recorded more than 1.5 million webpage impressions during 2009. NERA has also played in important role in addressing the backlog in my Department’s redundancy payments section.

Deputy Willie Penrose: Would the Minister of State not agree that the moratorium is having an impact? We were worn out by the talk of the former Taoiseach, Deputy Bertie Ahern, and former Minister for Enterprise, Trade and Employment, Deputy Martin, on the 90 inspectors but we still have not reached that target due to the moratorium. Does the Minister of State agree that NERA should solely focus on significant breaches of compliance and that it should assist employers to remedy relatively minor issues? Where an employer and an employee have reached a mutual and fair understanding regarding employment issues, due cognizance should be afforded to such agreements by inspectors. Too often, however, a sledge-hammer is used to crack a nut. While all of us would ascribe to the idea that 382 Leaders’ 9 March 2010. Questions employment legislation exists to protect employees, if a fair understanding is reached between employer and employees there is little point in having NERA issue threats of closure or demands for back pay. Compromises may have been reached in regard to days off in order to facilitate part-time workers in particular. I hope NERA and other agencies take cognizance of our new economic circumstances.

Deputy Dara Calleary: I concur with Deputy Penrose. We are at present amending the law by way of the Industrial Relations (Amendment) Bill 2009 and I will take the Deputy’s comments as an indication of support.

Deputy Willie Penrose: I have never been found wanting when the proposition is reasonable.

Deputy Conor Lenihan: The Deputy is tuning up for coalition.

Written Answers follow Adjournment debate.

Adjournment Debate Matters. An Ceann Comhairle: I wish to advise the House of the following matters in respect of which notice has been given under Standing Order 21 and the name of the Member in each case: (1) Deputy Brendan Howlin — future State investment in rail infrastructure in the south east; (2) Deputy Timmy Dooley — proposals for increasing the number of GPs practising throughout the country; (3) Deputy Ulick Burke — the urgent need for the Minister for Education and Science to reconsider the effects of the moratorium on middle management in second level schools; (4) Deputy Cyprian Brady — the issues affecting residents of multi-unit developments and the management and maintenance thereof; (5) Deputy Frank Feighan — the provision of day care facilities at Plunkett Home, Boyle, County Roscommon; (6) Deputy Seán Sherlock — to ask the Minister for Finance on the need for the Revenue Commissioner to review late payment charges in relation to VAT and income tax; (7) Deputy Joe Carey — that the Minister for Health and Children would sanction the use of the dementia unit at Clarecastle day care centre; (8) Deputy Kathleen Lynch — the need for the Minister of State at the Office of the Minister for Children to ensure that adequate procedures are in place for the vetting of those with whom children are placed for foster care; (9) Deputy Michael McGrath — the supply of credit by financial institutions to small and medium sized enterprises; (10) Deputy Leo Varad- kar — the construction and completion of the N2-N3 link road; (11) Deputy Deirdre Clune — the need to restore the excessive loss of teaching posts to Togher girls national school and Togher boys national school in Cork; (12) Deputy James Bannon — the need for the Minister for Environment, Heritage and Local Government to reconsider his position in relation to the regulation of field sports including stag hunting; (13) Deputy Joan Burton — the implications for service delivery of non-pay budget cuts in 2010 at Connolly Hospital, Blanchardstown, Dublin 15; and (14) Deputy Jan O’Sullivan — the rights of former workers at Dell, Limerick, and at ancillary companies. The matters raised by Deputies Michael McGrath, Feighan, Howlin and Brady have been selected for discussion.

Leaders’ Questions. Deputy Enda Kenny: In recent times we have witnessed the betrayal of children’s lives in this country. The Murphy and Ryan reports made shocking revelations about the abuse of children. The initiative taken by Deputy Shatter last week exposed inadequacies and flaws in the State’s system of accountability. It also exposed the arm’s length approach adopted by the 383 Leaders’ 9 March 2010. Questions

[Deputy Enda Kenny.] Government in respect of the most sensitive of issues, namely, the lives of the children of our country. The former Ministers of State at the Office of the Minister for Children, Deputies Brian Lenihan and Smith, and the current Minister of State, Deputy Barry Andrews, were in situ during a period when information relevant to the inadequacies and flaws in the States system were perfectly obvious. Following the laying before the Oireachtas of the report into the aforementioned tragic case by Deputy Shatter, statements were made in this House last Thursday. Prior and subsequent to the taking of those statements, the Health Service Executive reported that 23 children died while the care of the State. In responding to the statements, the Minister of State claimed that 20 children have died. He made no reference to the establishment by him of an independent inquiry or review into the loss of lives of children in the care of the State since 2000. Who is correct? The HSE gave a figure of 23 children while the Minister of State’s figure was 20. What happened between 6 p.m. last Thursday and 9 p.m. yesterday, when the Minister of State made his comment about establishing an independent inquiry?

The Taoiseach: According to my information, and subject to correction, the Minister of State indicated there were 23 cases of children who had died in care, had recently reached the age of 18 and were known to the child protection services. The important point is that yesterday he asked the board of the HSE to validate the list of all relevant cases at the earliest opportunity. He has established an independent group to examine the results of completed reviews of deaths of children in care since 2000. This group currently consists of Ms Norah Gibbons and Mr. Geoffrey Shannon and a third person of international standing will be appointed following consultation with the aforementioned appointees. They are being asked to examine existing information on the deaths of children in care so as to validate the categorisation of those children who died from natural causes. In respect of children who died from other than natural causes, they are being asked to examine existing reviews and reports completed by the HSE and, based on this information, to provide an overall report for publication. The Minister of State wants key summary information on an anonymous basis in respect of each child and the circumstances leading to his or her death, focusing in particular on the relevant involvement of State services with the child and his or her family and examining the strengths and weaknesses of such involvement. In so far as learning can be identified, including common issues, the group is being asked to make recommendations on how child protection responses can be strengthened and, if considered useful, to comment on the nature of the reports or reviews available to it. Work will commence as soon as the Roscommon inquiry is completed and the report will be presented to the Minister of State, who will lay it before the Houses of the Oireachtas and publish it. This is an important issue that needs to be addressed in the public interest. The group will be asked to indicate at an early stage its schedule for completing its work and to provide regular updates on its progress.

Deputy Enda Kenny: One of the reasons so much cynicism exists among people regarding politics and the way business is conducted here is the lack of transparency and accountability. Last Thursday, the Minister of State stated in this House, based on information given to him by the HSE, that 23 children died while in the care of the State. Both before that statement was made and subsequently to it, the HSE reported that the figure was 20. Since the Minister of State with responsibility in the area of children must be accountable, truthful and accurate 384 Leaders’ 9 March 2010. Questions then either the information being given to him by the HSE is not accurate or it must be validated, one or the other. Following the presentation to the Houses of the Oireachtas of the tragic Fay case by Deputy Shatter, the Minister of State has all of a sudden taken an interest and an initiative. The prioritisation by the Minister of State and the HSE in the past has been irrelevant. These children are dead and some of them died in tragic circumstances. What happened between last Thursday, when the Minister of State made no mention of an inquiry, and last night at 9 p.m., when he announced an independent inquiry into these cases? What happened in the intervening period that he must now validate or find a system of validating information given to him by the HSE in the most sensitive of cases? The person appointed to carry out the Roscommon report is beyond repute. When that report is completed, will it be published before the review sits? This was a case of the most brutal abuse of young children. Must we wait until the report goes through the review process at the end of the year before it is published?

The Taoiseach: I cannot anticipate what information or facts will emerge in respect of the Roscommon inquiry. It will be dealt with. At all times, the intention is, where possible, to provide for publication of reports. This must be done in a way consistent with the rights of affected parties. I cannot anticipate the outcome save to give an assurance that the view of the Minister of State in all these matters is to be as transparent as possible. These are important issues, they are in the public interest and they relate to vulnerable children. There is a need to ensure that these reports are made available in the interests of public confidence and such that people discharge their statutory duties as envisaged and foreseen, but with the caveat of the need to deal with any legal issues that arise. I cannot be any more specific than that. The Minister of State met the chairman of the HSE and officials yesterday evening. He informed them of his decision to establish the independent group. He also discussed additional measures to be undertaken by the HSE as a matter of urgency. He requested that the board of the HSE provide him with a schedule of clear timelines for completing all reviews of child deaths currently in progress but not yet complete. This schedule will include the completion of the review, finalisation of the report and publication of an executive summary in respect of each of the review dates. He will also lay a copy of this schedule before the Houses of the Oireachtas and publish it when it comes to hand. The Minster of State has agreed with the HSE that the board will review the schedule on a monthly basis and take whatever action is required to ensure adherence to the milestone dates and to report to him in this regard each month. He has also requested that the HSE provide a validated list of all relevant cases at the earliest possible date. In line with the previous commitment by the HSE to publish the main findings and recommendations of the report in the DF case, a case already made reference to in the public domain, the Minister of State has emphasised the requirement for such information to be published to the HSE. He has agreed with the HSE that this matter should be finalised as a matter of urgency.

Deputy Eamon Gilmore: I convey my good wishes to the Minister, Deputy Martin Cullen and, I am sure, in the course of time we will have the opportunity to do so more fully. His announcement yesterday that he intends to retire from the Government and the Dáil has again focussed attention on the question of jobs in Government. One reason the Government lacks the confidence of the public is that while thousands of people are losing their jobs, those in Government appear to be preoccupied with protecting their own jobs, reshuffling and rotat- ing them. 385 Leaders’ 9 March 2010. Questions

[Deputy Eamon Gilmore.]

I am informed that, in its present manifestation, as of today the Fianna Fáil Green Party Government is in office 1,000 days and that it is 13 years since Fianna Fáil was re-elected in 1997. The Government’s record during those 1,000 days is staggering. Some 270 jobs have been lost per day in the 1,000 days so far. It will be a record very hard to best. I wish to ask the Taoiseach specifically about one measure which, the Labour Party and I believe, would help greatly to save jobs and get people back to work, that is, a proposal on the Labour Party agenda for this evening to change the law to allow for the downward revision of commercial rents. As the Taoiseach and every Member is aware, one of the areas worst affected by job losses is the retail sector. In every shopping street and centre in the country, retail businesses are pushed to the wall. They are trying to get costs down, custom through the door, to survive and to keep people in employment. One major problem many such businesses face is that they have been locked in to leases negotiated in much better and more promising times. Sometimes, they were locked into these leases in circumstances in which their arms were twisted by landlords or property developers and they signed up to leases with very high rents. Now, they are informed these rents cannot be revised downwards. The proposal by the Labour Party would allow for the downward revision of those commercial rents and would be of very significant help to retailers. It would help to save jobs in these businesses and it would help some retailers to re-employ people and get moving again. All that is required is for the Government to agree to accept it. I call on the Taoiseach to accept the proposal from the Labour Party to allow for the downward revision of commercial rents. It is a specific, positive measure that would help to save jobs and, hopefully, create additional jobs in the retail sector.

The Taoiseach: I refer to the questions raised by the Deputy regarding employment in the country. Unemployment in the European economy is running at 10% and, unfortunately, we are at 12.5%. We will do everything we can to protect and create jobs. I assure the Deputy that were we to follow policies put forward by his party in recent years, the numbers unemployed would be far in excess of what they are today. I refer to the specific matter raised by the Deputy. We introduced a provision prohibiting upward only rent reviews on future leases. This is contained in section 132 of the Land and Conveyancing Law Reform Act 2009, which came into force on 28 February last. Were it possible and constitutionally valid to do so, we would not wait for an initiative from the Labour Party. We would have used that opportunity to proceed with downward reviews in rent were it possible. We will have an opportunity later this evening to put forward the position as we are advised on the matter. Unfortunately, the situation is that it is not constitutionally valid to interfere in contracts in that way; that is the strong advice available to us. We will allow the debate to articulate and amplify these issues.

Deputy Eamon Gilmore: It is remarkable that every time a positive proposal is presented to the Taoiseach and the Government, designed to protect and create jobs, the Government always seems to have a reason why it cannot be done.

Deputy Noel Dempsey: It is not constitutional.

Deputy Eamon Gilmore: Our legal advice is that it is constitutionally possible to do so. Professor David Gwynn Morgan, a professor of law at University College Cork, agrees. In a letter to a newspaper written last week, he stated, “It is reported that the Attorney General has advised that to extend this change to existing leases would be “retrospective“ and therefore unconstitutional”. He stated: “With respect, this view seems to me to be wrong.”

Deputy Noel Dempsey: Seems. 386 Leaders’ 9 March 2010. Questions

Deputy Eamon Gilmore: Therefore, there is legal opinion that says it is constitutionally possible to do it. The Government did not seem to have any constitutional difficulty when it decided to set up NAMA and it did not seem to have any constitutional difficulty when it decided to revise unilaterally the contracts of the employees of the State last year when it cut their pay, but it suddenly wraps itself in the Constitution when it comes to protecting the interests of landlords and some of these very property developers who have landed us in this difficulty in the first place. That is what the Government’s constitutional problem is about. This is a positive measure. I hold here a letter from a businesswoman in my constituency who states that some landlords are now being inflexible and seem happy enough to let good businesses sink while they swim. That summarises it in a nutshell. If the Taoiseach thinks there is a constitutional problem with this, let him publish the Attorney General’s advice and let us see it. What is the big secret? Our advice is that the proposal that the Labour Party is putting this evening is perfectly constitutional and is perfectly possible to implement. It is a measure that would provide significant help to the retail sector, would help to protect jobs and would help to ensure that there is an opportunity for people to get future employment in the retail sector. Instead of putting up obstacles and telling us why he cannot do it, will the Taoiseach join us and the other parties in this House in doing something positive today? We should send out some kind of a signal from this House that the Government is concerned about jobs other than its own, the jobs of the people working in shops and businesses up and down this country who are at risk and who are worried about losing those jobs. We should send out some signal that the Government is on their side and will agree to this proposal tonight from the Labour Party that would allow for downward revision of rents and that would keep good retail businesses in operation with the employment that belongs to them.

The Taoiseach: I am on the side of people throughout the country who want to try to create jobs and maintain jobs, but I cannot agree to a proposal where it is clear from a legal and constitutional perspective that wholesale interference with existing lease arrangements,——

Deputy Willie Penrose: It is not clear.

The Taoiseach: ——which, essentially, are matters of private contract between private parties, is not a feasible option. It is also clear that any move in the direction of imposing a rent freeze across the board would be impossible to implement in a constitutional manner. To put it briefly, the advice received from the Office of the Attorney General is that——

Deputy Eamon Gilmore: Publish it.

The Taoiseach: ——real, legal and constitutional difficulties would arise if property rights were to be affected retrospectively.

Deputy Joan Burton: Not where it is a national emergency.

An Ceann Comhairle: The Taoiseach without interruption.

The Taoiseach: I will come to that point. The other point is, obviously, that the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, will be in the House tonight to explain in detail the Government’s position on this matter, and the situation. Obviously, his argumentation will incorporate the advice available to Government in the matter. Were all of 387 Death of Former Member: 9 March 2010. Expressions of Sympathy

[The Taoiseach.] these matters legally possible they could be considered, but they are not legally possible in the context of the Constitution and property rights, as I have outlined. In addition to the retrospection issue, concerns have been raised about the ability of tenants to obtain reliable and comprehensive information in the context of the rent review process. The Minister for Justice, Equality and Law Reform has established a working group to examine the adequacy of the information available to parties in the context of the commercial rent reviews.

Deputy Joan Burton: Another one — 900 and counting.

The Taoiseach: The group has also been asked to explore how the arbitration system can be better used in these cases. I make clear to Deputy Gilmore that in every way we can assist, Government will seek to assist. However, it is not true that one can decide, based on the proposal that he put forward, that one can disregard the constitutional guard that exists, and that can be amplified in the House later this evening.

Death of Former Member: Expressions of Sympathy. Deputy Eamon Gilmore: Thar mo cheann féin agus thar ceann Páirtí an Lucht Oibre, is onóir dom é cúpla focal ómóis a rá faoi Thomás Mac Giolla — iar Theachta Dála, iar Ard- Mhéara Bhaile Átha Cliath agus iar uachtaránPáirtí na nOibrithe. Ba mhaith liom freisin comhbhrónadhéanamh lena bhean chéile, May Mac Giolla, lena chlann agus lena chomhghlea- caithe, atá bailithe linn inniu i nGailearaí na gCuairteoirí.Tá fáilte rompu. Laoch an eite chlé ab ea Tomás Mac Giolla. Fear poblachtánach, sóisialach agus idirnáisiún- ach ab ea é. Sheas sé lena bprionsabail i gcónaí.Bhí a fealsúnacht polaitíochta bunaithe ar poblachtánachas Wolfe Tone. Chreid sé nár leor aontacht tíre gan aontacht daoine freisin. D’oibrigh sé go chrua ar son an phobail, go háirithe na boicht agus iad atá thíos. Tomás MacGiolla was a man of great principle and personal courage. He made a significant contribution to politics and public life, and perhaps his record did not always get the credit it deserved during his political career. Tomás was born in Tipperary in 1924 and was a nephew of the Irish Parliamentary Party MP, T. P. Gill. He often said later that his family did not have any particular political allegiances but, if anything, leaned towards Fine Gael. Tomás went to the local Christian Brothers school and then on to St. Flanan’s College in Ennis. He later went to UCD from where he graduated with a BA before taking a BComm at night. After graduation, he went to work with the ESB as an accountant where he spent 30 years until he left in 1977 to devote himself to full-time politics. He was proud of the role played by the ESB as a pioneering State company bringing electricity to rural Ireland. His first real political involvement was with the anti-partition league in the late 1940s and his decision to join Sinn Féin was a natural progression from this. He was active in the republican movement during the 1956-1962 Border campaign, becoming a member of the Sinn Féin Ard Comhairle. He was interned for two years in the Curragh and later became one of the last people in this country to be sentenced to imprisonment by a military tribunal for refusing to account for his movements. In 1962, he was elected president of Sinn Féin and was one of a group of people who recognised the absolute futility of the type of campaign waged by the IRA and who were determined that there would be a change of direction in the republican movement. Under his 388 Death of Former Member: 9 March 2010. Expressions of Sympathy leadership during the 1960s, Sinn Féin became deeply involved in campaigning on such issues as housing, unemployment and the control of natural resources, and under his leadership, Sinn Féin abandoned its abstentionist policy in 1971. Tomás was a republican in the tradition of Wolfe Tone. He was an early advocate of the civil rights strategy in Northern Ireland and a fierce opponent of sectarianism. He was shocked and appalled by the campaigns of sectarian violence that blighted Northern Ireland for so long. As long ago as the summer of 1972, Tomás made a mould-breaking speech in Carrickmore, County Tyrone, in which he bluntly told his republican colleagues that the creation of a united Ireland would require, first, the uniting of the people of Ireland. In this, he was giving practical and contemporary expression to Wolfe Tone’s wish for the unity of Catholic, Protestant and dissenter. At a time when the sectarian bombing campaign was at its height, he said that nobody should try to bomb a million Northern Protestants against their will into an all-Ireland republic. The great tragedy was that it took another 30 years for some to realise the wisdom of his assessment. Had more people listened to Tomás Mac Giolla in the late 1960s, 30 years of violence and more than 3,000 deaths in Northern Ireland might have been averted. Although he was originally from Tipperary, Tomás lived most of his life in Dublin and he had a great love of has adopted city. He loved its traditions, its architecture, its literature and most of all, its people. I know that one of his proudest moments was his election as Lord Mayor of Dublin in 1993. Tomás Mac Giolla was a champion of the poor and the disadvantaged and he fought for their interests with great vigour during his ten years as a TD for Dublin West. He knew the importance of education and often quoted the line from Thomas Davis, “Educate that you might be free.” He believed that all citizens had a right to a job, to a place to live and to a decent health service. Tomás was a great lover of Irish culture and the Irish language. He was a frequent contribu- tor in Irish while he was here in the Dáil, but he was also an internationalist, who drew inspi- rations from the principles of the French revolution and who was as committed to the fight for justice in South Africa or Palestine as he was for it in Ballymurphy or Ballyfermot. Tomás was a genuine radical. He thought deeply about political issues and only adopted political positions after he had considered all the options and thought the matter through fully, but once he adopted a position, he promoted and defended it with great vigour and absolute conviction. He was a believer in change who was so confident in his own beliefs and principles, that he himself was never afraid to change, to meet new circumstances, or simply to take account of the experiences from which he was always prepared to learn. While he and I took different party political paths in recent years, I always retained great admiration and respect for Tomás Mac Giolla. I am proud to have served as a Dáil colleague of Tomás Mac Giolla, to have campaigned with him and to have learned from him. I will always remember him with admiration and affection. Tomás Mac Giolla had a rather serious public image because the issues he dealt with every day were serious political issues. However, there was another side to him that the public did not always see. In private, he was great company, warm and witty, widely read and with a great interest in all aspects of life. Those attending his funeral heard an account from his godson and nephew, Tom Hogan, of a very different Tomás — a man with a great love of life, a great sense of humour, a passion for horse racing and a great affection for children. Tomás and May Mac Giolla were one of the closest couples, personally and politically, that I have ever encountered. I want to welcome May to the Distinguished Visitors Gallery and members of the family and colleagues of Tomás and May. 389 Death of Former Member: 9 March 2010. Expressions of Sympathy

[Deputy Eamon Gilmore.]

On behalf of the Labour Party and on my behalf, I wish to extend my deepest sympathy to May, to Tomás’s sister Evelyn and to his colleagues and friends on his passing.

The Taoiseach: Ba mhaith liom mo chomhbhrón a ghabháil le clann Tomás Mac Giolla, a chailleadh le déanaí.Bhí prionsabail agus fealsúnacht poblachtánach aige. Bhí sé misniúil i ngach rud a dhein sé ina shaol polaitiúil. Ba mhaith liom mo chomhbhrón a chur in iúldá chlann. Bhí an-aithne agam air nuair a bhí sé mar Bhall den Teach. Chuamar thar lear le chéile. Is maith is eol dom go raibh sé in ann amhrán a chanadh chomh maith le éinne anseo. I am pleased to have the opportunity to pay tribute to Tomás Mac Giolla and I extend my sympathies to his family, especially his wife May, and to welcome them today to Dáil Éireann. Tomás Mac Giolla served in the House for a decade and had a long and distinguished career in politics. Tomás Mac Giolla was a Member of Dáil Éireann when I was first elected in 1984. He was a politician of sincerity and strong convictions with a long record of service, particularly to the people of Dublin. Tomás Mac Giolla came from a family whose past was steeped in politics. His uncle had served in the House of Commons alongside Charles Stewart Parnell. His own journey in politics began in the late 1940s when he graduated from UCD with a degree in Arts and subsequently in Commerce. He began working as a revenue accountant with the ESB in 1947 when the anti- partition campaign of the late 1940s nurtured his interest in politics. In the early 1950s Tomás Mac Giolla joined Sinn Féin and became a prominent member in that party, serving in its ard comhairle for much of that decade. He first stood for election to the House in 1961 in his native Tipperary but was unsuccessful. The following year he was elected president of Sinn Féin at a time when the republican movement was undergoing a period of transformation and reflection following the Border campaign. Tomás Mac Giolla was an avid reader and was strongly influenced by the writings of George Plant, the ideals of the United Irishmen as well as contemporary international socialist thinking. He, along with Cathal Goulding, brought this analysis to the development of Sinn Féin and sought to involve the party more in tackling social issues. When the conflict in Northern Ireland erupted in 1969, his was a sane voice at a tumultuous time for politics on our island. He did his utmost to quell the flame when a full scale civil war looked like a distinct possibility. In a recent obituary, the wise and restraining influence Tomás Mac Giolla exerted on the republican movement was recorded by a young IRA volunteer who wrote:

One of my abiding memories of Tomás Mac Giolla was an encounter in the city of Derry in August 1969. I still had naı¨ve notions of a short but glorious war with the British army which would drive the old enemy out of Ireland, after which everyone would live happily ever after. Tomás was not long dispelling those notions. He quite simply told me, and other volunteers who had come from all over Ireland to fight, that we should return home. He could see the explosive nature of the situation and counselled calm when everyone else was looking for guns.

Tomás Mac Giolla deeply regretted the spilt in Sinn Féin in 1970 and attempted a conciliatory approach with former colleagues. Although this division was the source of significant conflict and political bitterness over the years, Tomás Mac Giolla accepted that many of those who left his party had done so because they felt sincerely that abstentionism was the heart of republicanism. 390 Death of Former Member: 9 March 2010. Expressions of Sympathy

History will record that Tomás Mac Giolla was prominent in leading the Official IRA to ceasefire in 1972. In one of his final in-depth interviews with Jason O’Toole, published after his death, Tomás Mac Giolla made clear his distress and revulsion at the Aldershot barracks bombing. He recognised the futility of violence as means of solving the problems of Northern Ireland. He also strongly maintained that the involvment by the Official IRA in the conflict was distracting from the development of progressive politics and the need to highlight social issues across the country. Tomás Mac Giolla was a committed socialist and throughout his long career he remained unswerving loyal to his party which underwent a process of renewal and transformation as Official Sinn Féin, Sinn Féin the Workers’ Party and finally the Workers’ Party. Tomás Mac Giolla’s greatest commitment was to inclusive politics and he had a special regard for the disadvantaged in our society. He was a politician not afraid to change with the times. He saw politics, as with life, as a learning curve. He was not afraid to revise his positions, adapt them or to allow his political viewpoints to evolve for the betterment of the people he represented. He was first elected to Dublin City Council in 1979 and remained a member for close on 20 years. Although a proud son of Tipperary, he viewed it as a great honour to be elected Lord Mayor of Dublin in 1993. Tomás Mac Giolla abhorred sectarianism and a major theme of his mayoralty was to build practical contacts between the people and the civic representatives of our capital city with both communities in Belfast, Lisburn and other areas in the North. In February 1982, the Workers’ Party under Tomás Mac Giolla’s leadership became the first party since 1957, apart from Fianna Fáil, Fine Gael and Labour, to have at least three seats in the Dáil. Although he was an unsuccessful candidate in that election, as his party’s president, he negotiated an agreement for the Workers’ Party to support Mr. Charles Haughey’s minority but short-lived Government. In the second election in 1982, Tomás Mac Giolla was elected to the House for the first time. He topped the poll in the Dublin West constituency which was a considerable achievement given that he was competing with strong vote-getters such as the late Brian Lenihan Senior, the late Liam Lawlor and the late Jim Mitchell, among others. During his time as a Member, Tomás Mac Giolla proved himself to be an astute and committed parliamentarian. He was widely praised for his work rate and diligence even by his party’s critics. In this House, he was a strong supporter of part-time workers. He was also a trenchant supporter of peace on the island and a passionate advocate of the civil rights agenda in Northern Ireland. In a tribute following his passing, Senator Eoghan Harris wrote that Tomás Mac Giolla was a true pioneer of good politics, especially in his efforts to transform mindsets on relationships with the Unionist community. He will be remembered as an early advocate of the principle of consent and as someone who believed the best way to progress on this island was to extend the hand of friendship to the Unionist community. His final address as Workers’ Party president in 1988 underlined the need for mutual respect between the two traditions on this island. It was welcomed then by a leading Unionist politician, Ken Maginnis, who said that Tomás Mac Giolla had kept the best wine until last. The Irish media also noted his contribution to inclusive politics as president of his party for over quarter a century by strongly praising his courage in helping to bring about the transition from gun to ballot. Tomás Mac Giolla said the Workers’ Party-Democratic Left split was his greatest disappoint- ment. He, however, did not let this event towards the end of his career in Leinster House impinge on his activitism and his commitment to politics. 391 Death of Former Member: 9 March 2010. Expressions of Sympathy

[The Taoiseach.]

In his life outside of the Dáil, Tomás Mac Giolla remained active on the ard comhairle of the Workers’ Party until he passed away. He continued to passionately represent the needs and concerns of his community, neighbours and friends in Ballyfermot and throughout west Dublin. He also maintained a great pride in Ireland’s history, heritage and native language. He always had a huge interest in historical commemoration. At one point he unsuccessfully lobbied the then Taoiseach, Mr. Charles Haughey, on behalf of Orangemen seeking to stage a tercen- tenary commemoration of the Battle of the Boyne at the battlefield site. In changed times we have seen the elected leaders of both the great democratic assemblies of this island walk that battlefield side by side in friendship. Tomás Mac Giolla would have taken pride in such progress. He was a true believer in Wolfe Tone’s maxim of uniting Catholic, Protestant and Dissenter. His lifelong interest in the United Irishmen made him a great source of knowledge on the Dublin committee to celebrate the 200th anniversary of the 1798 rebellion. He also long held the view that it was “ludicrous to draw comparison between the 1916 leaders and those engaged in terrorism”. As far back as 1991, at the time of the 75th anniversary of the Easter Rising, he was clear there was a need to more fully and publicly commemorate it. In recent times he was a member of the group that campaigned to save No. 16 Moore Street and I understand he was enthused by plans for a significant and inclusive celebration of the 100th anniversary of the rising. On behalf of my party, I extend my sympathies to Tomás’s wife, May, his sister Evelyn, his extended family and friends. Ar dheis Dé go raibh a anam dílis.

Deputy Enda Kenny: Tar éis éisteacht leis na focail atá ráite ag an Teachta Gilmore agus ag an Taoiseach faoi bhás Thomáis Mhic Ghiolla, iar-Theachta Dála,abhí anseo le níos mó na deich mbliain, ba mhaith liom féin fáilte a chur roimh a bhean chéile, May, agus a chlann agus a chairde atá ar fad atá anseo sa Dáil inniu. Tá an fhírinne ráite ag ceannaire Pháirtí an Lucht Oibre nuair a dúirt sé go gcaithfaí eolas a bheith ag duine faoi Thomás Mac Giolla agus an phearsantacht a bhí aige sula mbeadh a fhios aige cad go díreach a bheadh ina intinn. Ní amháin go raibh sé dírithe ar chúrsaí polaitíochta ach ar chúrsaí mhuintir a dháilcheantair go mórmór. Go minic agus mé ag labhairt Gaeilge leis, dúirt sé liom go gcaithfeadh duine éisteacht le muintir na ndáilcheantar go mbeadh a fhios cad é a bheadh ag cur isteach orthu agus céard í an imní a bheadh orthu ionas go mbeadh a fhios ag duine céard b’fhéidir leis a dhéanamh faoi sin. Aontaím freisin leis an méid atá ráite ó thaobh na léachta a chur sé amach i 1972 i gContae Thír Eoghain, nuair a dúirt sé nárbh fhéidir le páirtí nó Rialtas ar bith Protastúnaigh an Thuais- cirt a bhrú isteach in Éirinn aontaithe le fórsa. Mheabhraigh sé go móraranráiteas sin. Mar Theachta Dála, bhí sé anseo le deich mbliain anuas agus bhí sé ina uachtaránarapháirtí le fada an lá.D’fhreastal sé freisin mar Ard-Mhéara i bpríomhchathair na hÉireann. Is cuimhin liom go maith agus mé ag caint leis cúpla lá sular tháinig an t-Uachtarán Reagan anseo. Dúirt sé nach mbeadh sé ag fanacht i seomra na Dála agus chuile duine eile thart faoin tír ag iarraidh teacht isteach le bheith páirteach sa searmanas agus sa léacht a bhí le tabhairt ag an Uachtarán Reagan. Sheas Tomás Mac Giolla suas agus dúirt sé an méid a bhí ar a intinn agus d’imigh séón seomra. Ba mhaith liom, mar Theachta a bhí ag freastal anseo le Tomás, mo chomhbhrón agus comhbhrónmopháirtí adhéanamh le May, bean Thomáis, agus a rá cé go raibh difríocht mhór idir an fealsúnacht pholaitiúilabhí aige agus atá agam féin agus ag mo pháirtí,bhí fonn mór agam d’fhear a bhí níos sine ó thaobh polaitíochta de ná mé féin. Thart ar na hallaí anseo san 392 Death of Former Member: 9 March 2010. Expressions of Sympathy

Oireachtas, bhínn ag caint Gaeilge leis go minic. Chuaigh sé i bhfeidhm go mór orm an díograis abhí aige ó thaobh dheachreachtaí an dáilcheantair, Baile Átha Cliath Thiar, a bhí le réiteach. Tá súil agam gur le Rí na bhFlaitheas atá sé inniu. Tá fáilte mór roimh gach aon duine anseo chuig seomra na Dála inniu.

Deputy John Gormley: During the years I spent with him on Dublin City Council in the early 1990s, I got to know Tomás Mac Giolla, a man of deep principles and of great faith in people and republicanism. Whether one agreed with him, one always knew he was a man of strong political convictions. From the outset he worked in politics to defend the interests of working class people and did so for many years in this House, in Dublin City Council and in many other arenas around the country. He will be remembered for his transformative role in the republican movement during the 1960s and 1970s. His contribution shifted the emphasis away from the armed struggle, encouraging those involved to partake in political action. In doing so, he helped to sow the seeds of inclusion in the republican movement within the political sphere, without which the peace we enjoy today on this island would have been hard to achieve. His commitment to people was undoubted and he is to be remembered for his dedication to civil rights and condemnation of injustice throughout Ireland and beyond. Bhí an-suim aige sa teanga freisin. Ba bheag nach raibh an tábhact céanna ag an Ghaeilge i bhforbairt a smaointe agus a bhí ag an bhfealsún- acht sóisialach. He was greatly pleased and honoured to represent Dublin West as a Deputy. The year he was Lord Mayor was a special year for him and his wife May. While he was a renowned champion of the disadvantaged, that year his true republican ethos, which stretched back to Wolfe Tone, shone through as he represented all creeds and classes with equal diligence. I succeeded him as Lord Mayor and it was a great honour to receive the chain of office from someone of such political stature. We have lost a passionate humanitarian and obviously a man of great conviction and vision. For May, it is a deep personal loss and I extend my deepest sympathies on behalf of the Green Party to her, his sister Evelyn, his nephews and nieces. Ar dheis Dé go raibh a anam dílis.

Deputy Caoimhghín Ó Caoláin: Ar son Teachtaí agus Seanadóir Shinn Féin, agus ar mo shon féin, cuirim chomhbhrón chuig May agus chuig clann, cairde agus comhleacaithe Thomás Mac Giolla, iar-uachtarán Shinn Féinn agus iar-Theachta Dála. On behalf of Sinn Féin I extend sympathy to May Mhic Giolla and the bereaved family, friends and colleagues of the late Tomás Mac Giolla, former president of Sinn Féin from 1962 to 1969 and former Dáil Deputy. Tomás Mac Giolla was a lifelong political activist who followed, according to his lights, the creed of Wolfe Tone and James Connolly. His primary concern was the well-being of the mass of the people, the working people he represented in Dublin as a councillor and Deputy. I heard an anecdote today that illustrates this. When he worked in the ESB he acquired the key to Merrion Square Park, beside Leinster House. It was then the property of the Catholic Church and closed to the public. Local children could only look through the locked gates and high railings. I am told Tomás Mac Giolla made the key available to those living in local flats so that the children could play in the park. In Ballyfermot, Inchicore and the adjacent areas he represented for many years, his hard work is still recalled and appreciated. Tomás Mac Giolla’s political course and that represented by Sinn Féin in the Dáil today diverged sharply in 1970. We have heard various interpretations of that division on the national question since his death but this is neither the time nor the place to rehearse these arguments. There were sharp and sometimes tragic divisions between Tomás Mac Giolla’s political direction and ours. However, it is widely acknowledged — and I wish to do so again — that Tomás 393 Death of Former Member: 9 March 2010. Expressions of Sympathy

[Deputy Caoimhghín Ó Caoláin.] Mac Giolla acted according to his deeply held political beliefs. In later years I had occasion to share platforms with him on issues of common concern, such as Irish neutrality. I found him as I expected I would, to be a very sincere political voice. Suaimhneas síoraí dá ainm.

Deputy Leo Varadkar: While I did not know Tomás Mac Giolla personally I was, when growing up in Dublin West very much aware he was one of our local Deputies. He represented the radical left tradition in west Dublin, which has often elected a Member to this House. While I do not come from that tradition and would not have shared many of Tomás Mac Giolla’s views, I respect the contribution he made to politics and what he did to make west Dublin a better place. On behalf of Fine Gael and the 120,000 constituents of Dublin West, I thank his family for his life and contribution. Tomás Mac Giolla stood in 11 general and two European elections and was elected to Dáil Éireann on three occasions, namely, November 1982, 1987 and 1989 at the head of a Workers’ Party of seven Deputies, which was a considerable achievement. On the first occasion, he received more than 6,000 votes and on the third more than 8,000 votes. As stated 5o’clock by other Members, he was elected to Dublin City Council in 1979 and became Lord Mayor in 1993, the year after he lost his Dáil seat. Having reviewed the record, he genuinely was an impressive parliamentarian. The record shows he contributed to all Stages of legislation in a considered and measured fashion. The parliamentary questions he tabled showed his wide breadth of interest beyond purely domestic concerns, including on international issues such as Southeast Asia, the Middle East, South Africa, the service of the Defence Forces abroad, nuclear power, the encroachment into Irish waters of foreign submar- ines and Irish neutrality. As Deputy Kenny recalled, Tomás Mac Giolla famously walked out of the Dáil in 1984 when former President Ronald Regan addressed the House. What may not be so well remembered is that on 24 March 1987, almost 13 years ago, he was first to raise questions about the use of Irish passports by Colonel Oliver North to enter Iran. This issue remains relevant today given the use of Irish passports in recent times. His strong local work was evidenced in his parliamentary activities, raising questions familiar to all of us in Dublin West, namely, primary and post primary school provision, Garda resources, social welfare benefits and job creation. He was, throughout his career, a constant advocate of the PAYE sector and of tax fairness for that sector, which is particularly relevant today. As mentioned, Tomás Mac Giolla was a member of the official IRA and, in his own words, did everything that the IRA asked of him. However, he was among the first to challenge the physical force tradition at that time to turn away from sectarianism, which he never supported, and to recognise the Protestant tradition in Northern Ireland for its own value. In conducting my research I came across some of Tomás Mac Giolla’s old election literature from the 1990s, in particular The Dublin People, the newspaper he used at that time to campaign in the European elections of 1994. In that particular election campaign he makes only one promise, namely, to be straight, honest and true. Tomás Mac Giolla was straight, honest and true. If we all follow that example, we will help to make Ireland a better place than it is today.

Minister for Finance (Deputy Brian Lenihan): I agree with what has been said by the different party leaders in their historical assessment of Tomás Mac Giolla and will not enter on that subject, about which much has been said this afternoon. I cannot add to what has been said by the party leaders although I am sure historians will add to it. I am sure Tomás Mac Giolla will be found to be what we have always known him to be, namely, a man of peace. 394 Death of Former Member: 9 March 2010. Expressions of Sympathy

I speak as one of two Members of this House who contested an election with Tomás Mac Giolla. I believe Deputy Burton also contested an election with him. Tomás Mac Giolla made his mark on Dublin Corporation as a representative of the people of Ballyfermot who have had many notable tribunes in this House and in the city council down through the years, of which Tomás Mac Giolla was certainly one of the greatest. He first came to Dáil prominence following a large vote in the famous 1982 Dublin West by-election. He consolidated his position by winning a Dáil seat in the general election which took place in November of that year. He held his seat in successive elections in 1987 and 1989 up until 1992. He then contested a by- election in 1996 at which time I was elected and following which in a subsequent election in 1997 I was again elected. All of that aside, I found Tomás Mac Giolla to have two outstanding qualities. I knew him well prior to my election as part of the political scene in Dublin West and as a candidate and a person who attended public meetings. His parliamentary failures in later years were in no way a reflection on his devotion to duty as a constituency representative. We in this House are often accused of an excess of clientalism and of being too like the old fashioned French parish priest who is too close to his parish. Tomás Mac Giolla could never have been condemned to have failed in that regard. He was assiduous in his attention to constituency duties, both in terms of attending public meetings and in assisting people with the real problems they faced in the very difficult economic climate of the 1980s and early 1990s. From his initial base in Bally- fermot he extended into what was then a far younger council estate in the north Clondalkin area and into Mulhuddart and wider middle class areas. He established a fine vote in that constituency, although he was not helped, as is often the case for many Dublin Deputies, by successive revisions of the constituency in later years. Tomás Mac Giolla brought a great devotion to his work as a Deputy. Side by side with all that has been well said about Tomás Mac Giolla in terms of his national contribution, I would like to put on record his strong local contribution in terms of his fight for schools, playing facilities, justice for taxpayers and welfare recipients and many other causes apart from the national causes to which he was obviously and sincerely committed. Were I to pick out one other quality that distinguished Tomás Mac Giolla, it was that of intense sincerity and belief in politics as a vocation and a method of improving the lot of all of the people. He certainly had that strong conviction. His integrity was transparent to anyone who had dealings with him in public life. I am glad he had a good life. I extend to his wife, May, and to his family and friends, on my behalf and on behalf of the Fianna Fáil organisation in the Dublin West constituency, our appreciation for all he did for the area down through the years. Go raibh maith agaibh.

Deputy Joanna Tuffy: My contribution is about Tomás Mac Giolla, Teachta Dála. As the Minister for Finance, Deputy Brian Lenihan, stated, Tomás Mac Giolla was a hard constituency worker. Like Deputy Varadkar, I grew up in the constituency of Dublin West and he was my local Deputy. Teachta Dála means “Deputy to the Dáil”. Being a Deputy means one is empowered to act on behalf of someone. Deputies are empowered by their election to the Dáil to act on behalf of their constituents. Tomás Mac Giolla did this in the best possible way. He represented all of his constituents and gave a voice to those people in Dublin West who needed to be heard, including the most marginalised and people from the most disadvantaged of communities. He articulated the thoughts, values, hopes and dreams of the people who live in communities like Ballyfermot, Clondalkin, Blanchardstown and Mulhuddart. As a public representative and Teachta Dála, Tomás Mac Giolla sowed the idea of equality and what this might mean for the people who lived in those communities and similar communities throughout the country. Some of the issues he promoted when elected to the Dáil include 395 Death of Former Member: 9 March 2010. Expressions of Sympathy

[Deputy Joanna Tuffy.] why should not children of disadvantaged communities go on to third level education and why, instead of accepting that there will always be unemployment, the aim of politics should not be to ensure that there is full employment. He stated during a debate in this House on regional technical colleges that education should not be about teaching skills alone, but about enabling each and everyone of us to have fuller lives. I was a young Labour Party activist and my father stood as a Labour candidate in a number of elections also contested by Tomás Mac Giolla. Unfortunately, the Labour Party did not hold a seat during that period. At the same time we were constentaly changing our candidate. My father stood in three elections. Tomás Mac Giolla persisted and ran and ran again and got his breakthrough in a by-election in 1982 and was subsequently elected in the 1982 general election. My father tells the story of the 1989 general election, which was the last general election in which my father stood in Dublin West. While he was canvassing in Ballyfermot he approached some women at a school and asked them if they would consider voting for Labour. They said: “We do vote Labour; we vote for Tomás MacGiolla.” I say that because people perceived us as being so close, and we were so close in our values and the issues on which we campaigned. Tomás MacGiolla worked with other parties and he worked very closely with the local Labour Party as did his colleagues in the Workers’ Party in Dublin West. One of the issues on which he felt very strongly, and on which we campaigned alongside the Workers’ Party in the constituency, was the need for proper planning. At the time there were many controversial planning decisions, which Tomás MacGiolla opposed alongside the Labour Party. He was also very strongly committed to the work of the vocational education committees, which he described as a system of education that was democratic, non-denominational, non-selective and innovative, which welcomed people that other educational institutions cast aside. He particularly highlighted the role of VECs in leading the way in adult education and how it was the first to provide education for prisoners. I notice today that the Irish Oscar winner, Richard Baneham, went to Ballyfermot College of Further Education. Tomás MacGiolla was very supportive of that college and the other VEC community colleges in Dublin West. He spoke in the Dáil about the innovative work of Ballyfermot College of Further Education when he raised the issue of the need to save the jobs of the Sullivan Bluth Studios animation company in Chapelizod when it was being closed and how it had worked so closely with Ballyfermot College of Further Education. Tomás would take a brave stand. He was a very strong constituency worker, but was not afraid to stand up for the less popular route. For example, he spoke at meetings in the local community in support of Traveller accommodation. He also supported the establishment of Lucan community college when there was a very bitter campaign to try to prevent that school being opened. Tomás MacGiolla set an example as a Deputy for which we should aim. He stood up to the most powerful and wealthy vested interests, and those in the Dáil who would act only on behalf of the wealthy few in our society. He represented all his constituents and in particular, he spoke and acted for the most vulnerable and marginalised. He sowed the idea of an Ireland and local communities in which everyone could reach his or her full potential.

Deputy Seán Ardagh: I am glad to have the opportunity to join my colleagues in expressing my sympathy to the family, friends and colleagues of the late Tomás MacGiolla. I have been aware of Tomás MacGiolla’s political work at national and international level for many years. It is only since 2002 when Ballyfermot and Chapelizod became part of the Dublin South- Central constituency that I became aware of the deep involvement of Tomás and his wife, May, in the many volunteer and community groups and projects in the area. Tomás and May — I 396 Death of Former Member: 9 March 2010. Expressions of Sympathy hope May will forgive me for mentioning them both in the same breath — were well known and much respected by all the community activists in the area and everyone who met them. One area in which Tomás was particularly interested was the Liffey Alliance, with the achievement of the amenity order along the river in the area. Tomás was truly a giant of a man not alone in height and stature, but also in the community of Chapelizod and Ballyfermot. Tomás is gone but he will not be forgotten. To his good wife, May, his family and friends, on behalf of the local Fianna Fáil organisation and myself, I offer my sincere sympathy.

Deputy Seán Power: I wish to be associated with the expressions of sympathy to the wife, family and friends of the late Tomás MacGiolla. We served together in this House for a number of years and he often spoke of his time spent in the Curragh. I often wondered if that was where he picked up his interest in horses — maybe not. No one could deny that he was a man of very deep conviction and great principle. Deputy Gilmore referred to his wit. That was one aspect of Tomás MacGiolla that I really enjoyed. I very much admired his lovely wit, which was very much exemplified in this House shortly after the Workers’ Party split. Tomás MacGi- olla left this House one week in February 1992 as member of the Workers’ Party, which then had seven Deputies in the House. The following week he arrived back with just himself. Deputies De Rossa, Sherlock, McCartan, Byrne, Rabbitte and Gilmore had departed. One of the first issues to arise in the Dáil following that split was raised by Deputy De Rossa:

The proposal in relation to Standing Orders attempts to deal with the anomalies which have arisen because of the resignation of both myself and my colleagues from The Workers’ Party, thereby reducing The Workers’ Party to one Deputy in this House. Clearly, I accept that one Deputy should not have the same full rights as a group in this House.

In the same debate then Deputy Tomás MacGiolla, replied:

Despite the best expert advice, we cannot find seven. I beg your indulgence, Sir, as I would like on behalf of The Workers’ Party Dáil group to express my great appreciation and thanks to myself for the great support that I have given to myself during the past few trying days. I want to assure you, a Cheann Comhairle, that there is now full unanimity and concern and that there will be no further splits in The Workers’ Party.

Politics needs characters like Tomás MacGiolla and I want to thank him for the tremendous contribution he made to public life over a long number of years. I hope that today he is resting in a happier place.

Deputy Joan Burton: I would like to be associated with all the tributes that have been paid to Tomás. While knowing of Tomás MacGiolla over a long period of time, I really got to meet him when we went on a joint visit arranged by Senator Eoghan Harris during Mary Robinson’s presidential election campaign in 1990. The visit was to the foundry in Inchicore where my father and grandfather had worked as iron moulders. Having known him from a distance as quite an austere person, I believe he got as much enjoyment as I did from that visit. I believe it was his first time in the foundry and it was certainly Mary Robinson’s first time in a foundry. I believe it was a learning experience, involving a left alliance coming together to battle for her successful campaign to become the first woman President of Ireland. In that context, as a woman involved in politics, I have always considered that May and Tomás MacGiolla constituted a team. While one of them was an elected personage, the other person was just as important a member of the team and contributed enormously to the culture of politics that Tomás MacGiolla projected both at local and national level. 397 Order of 9 March 2010. Business

[Deputy Joan Burton.]

Tomás was of course a great internationalist and was very involved during my time in the Anti-Apartheid Movement. When I lived in Africa during the early 1980s, because we were living in Dar es Salaam in the tropics, all the windows in the lecture rooms were open shutters. One day I found a Korean student outside the door, who — believe it or not — admired my English, my accent and my voice. He was a North Korean student of diplomacy who was studying for a higher degree in Dar es Salaam. He asked me to record some material so that the Korean students in Dar es Salaam could practise with the kind of English I was expressing. Given what people in politics often say about my voice, it is a compliment that I always cherish. In any event, after I had done the recording, he came to our house for a cup of tea and a chat. I asked him if he knew anything about Ireland and he said he knew the great Irish revolutionary leader, “Mr. Gilly”.

An Ceann Comhairle: On my own behalf and on behalf of all Members of the House I wish to be associated with these expressions of sympathy to the MacGiolla family on the death of Tomás MacGiolla.

Members rose.

Request to move Adjournment of Dáil under Standing Order 32. An Ceann Comhairle: Before coming to the Order of Business, I propose to deal with a notice under Standing Order 32. I call on Deputy Terence Flanagan who has submitted the notice to my office.

Deputy Terence Flanagan: I seek the adjournment of the Dáil under Standing Order 32 to raise a matter of local and national importance, namely, the urgent need for the Taoiseach to intervene to ensure that the Knockamann facility for the intellectually disabled on the grounds of St. Ita’s Hospital is opened immediately. This new facility cost €14 million and was built 14 months ago. Its closure is having a detrimental effect on a daily basis on the lives of the 170 residents of St. Ita’s who are living in conditions that are in urgent need of refurbishment. I ask the Taoiseach to ensure that this new facility is opened without any further delay.

An Ceann Comhairle: Having considered the matter raised it is not in order under Standing Order 32.

Order of Business. The Taoiseach: It is proposed to take No. 6, Finance Bill 2010 — Financial Resolution; No. 7, motion re proposed approval by Dáil Éireann of the Finance Act 2004 (Section 91) (Deferred Surrender to the Central Fund) Order 2010; No. 18, Finance Bill 2010 — Order for Report, Report and Final Stages; and No. 7a, motion re Broadcasting Act 2009, Levy Order 2010, to be taken not later than 7 p.m. tonight and the order shall not resume thereafter. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted on the adjournment of Private Members’ business, which shall be No. 36, Land and Conveyancing Law Reform (Review of Rent in Certain Cases) (Amendment) Bill 2010 — Second Stage, which shall be taken on the conclusion of No. 7a and adjourn after 90 minutes and the proceedings on the Second Stage thereon shall, if not previously concluded, be brought to a conclusion at 8.30 p.m. on Wednesday, 10 March 2010; Nos. 6 and 7 shall be decided without debate; and the proceedings in relation to No. 7a shall, if not previously concluded, be brought to a conclusion after 30 minutes tonight and the 398 Order of 9 March 2010. Business following arrangements shall apply: the speeches shall be confined to a Minister or Minister of State and to the main spokespersons for Fine Gael, the Labour Party and Sinn Féin, who shall be called upon in that order, who may share their time, and shall not exceed five minutes in each case; and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed ten minutes.

An Ceann Comhairle: Is the proposal that the Dáil shall sit later than 8.30 p.m. and the arrangements for Private Members’ time agreed?

Deputy Eamon Gilmore: I am not objecting to it but I want to ask the Taoiseach a question arising from it. This proposed arrangement is to allow for a half hour debate on the broadcasting levy order. This is the levy Deputy McManus has raised on a number of occasions which is to apply essentially to the private broadcasting sector. Deputy McManus had tabled a motion to the effect that this order should be annulled and in a discussion at the Oireachtas committee last week it was agreed on an all-party basis that it should be annulled. When the schedule for last week was circulated to us initially time was set aside for this matter to be dealt with but then a second schedule was subsequently circulated which had withdrawn it. I am curious as to why, it having been agreed that it would be debated, it was then withdrawn. Who asked for it to be withdrawn? Was it at the Taoiseach’s initiative or was it requested by some Minister? I am disappointed that the motion the Government has tabled on this issue is not a motion annulling the order but one simply noting it. Deputy McManus has an amendment to that motion which we will vote on at 7.30 p.m. but even at this late stage I ask the Taoiseach to reconsider the Government’s position on this matter and to agree to the motion that this order should be annulled.

The Taoiseach: The matter has been noted and discussions are continuing.

Deputy Liz McManus: I am sorry but I did not hear that. I cannot hear a word the Taoiseach is saying.

The Taoiseach: The matter has been noted by the Government.

An Ceann Comhairle: Is the proposal agreed? Agreed. Are Nos. 6 and 7 agreed? Agreed. Is No. 7a agreed? Agreed.

Deputy Enda Kenny: On No 7a, Deputy Coveney, along with Deputy McManus, has tabled an amendment to this motion. This issue is of serious import to local radio stations. A number of people will lose their jobs as a consequence of the extent of the levy and I, too, regret that the Government merely notes the statutory instrument introduced by the Minister. In our view it is an excessive levy which will result in people in these radio stations becoming unemployed, and that will be to the detriment of the very good work they do. I would have preferred if the Government had been open enough to have an annulling order before the House to allow a rational discussion about the extent of the levy required, as has been pointed out by Deputy Coveney and Deputy McManus.

Deputy Simon Coveney: On the same issue, a Cheann Comhairle, could I ask you——

An Ceann Comhairle: I am sorry, Deputy, but under Standing Orders only one Member from each party can speak.

Deputy Paul Kehoe: The Deputy can raise it on a point of order, a Cheann Comhairle. 399 Order of 9 March 2010. Business

Deputy Simon Coveney: On a point of order a Cheann Comhairle, I am seeking your assistance. Last week, the all-party Joint Committee on Communications, Energy and Natural Resources debated this issue and we decided that we would send a motion to the Dáil requesting the annulment of this order. Where stands that request? In normal circumstances when a motion is sent from committee to the floor of the Dáil it would be the basis for debate rather than a new motion designed by the Minister.

An Ceann Comhairle: There is no motion before the Dáil on the matter. That is the position, Deputy.

Deputy Simon Coveney: Where stands the motion that was sent through the Chairman of the all-party Joint Committee on Communications, Energy and Natural Resources to the Dáil for consideration and debate and why is it not being debated? Can the Ceann Comhairle give us some guidance on that?

An Ceann Comhairle: It was laid before the Dáil but there is no formal motion before the Dáil in regard to it.

Deputy Simon Coveney: There was a formal motion because I drafted it along with Deputy McManus and the Chairman of the committee.

Deputy P. J. Sheehan: It got lost in transit.

An Ceann Comhairle: The Deputy will have to go back to the committee.

Deputy Liz McManus: A Cheann Comhairle, the important point here is about trust. There are written rules in this House and Standing Orders but there are also unwritten rules on which the Whips depend to ensure that we work well and get through our business. The Taoiseach did not answer the question raised by the leader of the Labour Party. It is unprecedented in my experience that a motion was tabled to be on the schedule for this week, was then withdrawn, reappeared today, was withdrawn again and a different wording put forward. We must be given an explanation. It is most unusual that a committee would be unanimous in rejecting a Standing Order, or at least a statutory instrument, but that is what happened. While I appreciate the point the Taoiseach is making, that a motion did not come before the House from the committee, there were extraordinary circumstances in which the Government was playing games with the schedule of this House. That is extremely serious.

An Ceann Comhairle: We cannot have a detailed discussion at this point. We are on the Order of Business.

Deputy Liz McManus: If the Whips are to be able to work on the basis of trust, we need an explanation, not just a brushing aside, as we got from the Taoiseach.

An Ceann Comhairle: The Deputy needs to find a different forum in which to discuss that.

Deputy Liz McManus: No, this is about procedure and the schedule and the Order of Busi- ness with which we must deal. Can I have an explanation as to why this item, which was on the schedule circulated to us all last week, suddenly disappeared and was then re-included? Why did this happen? What was the sequence of events?

An Ceann Comhairle: The question is, “Is the proposal for dealing with—— 400 Order of 9 March 2010. Business

Deputy Liz McManus: The question is, “What was the Government playing at?” The Chief Whip and Taoiseach are present and the very least they could do is give us an explanation. We are surely entitled to one. There is a certain amount of disrespect for this House evident in what happened in the past couple of days. The item was on the schedule and was removed without any explanation. I would like a very simple explanation as to what provoked the Government’s decision.

Deputy Simon Coveney: The reality is that it would not be on the schedule at all had we not raised it with the Chief Whip’s office earlier.

An Ceann Comhairle: Is the proposal for dealing with No. 7a, motion re Broadcasting Act 2009 (Section 33) Levy Order 2010 agreed to? Agreed.

Deputy Enda Kenny: In view of the increasing concern over the impact of non-co-operation, unrest and uncertainty in the public sector and the fact that people in some sectors are beginning to hurt, what effort is the Government making to communicate with the trade unions such that some discussion might take place with a view to having public services restored as people would expect?

An Ceann Comhairle: Is legislation promised in this area?

Deputy Enda Kenny: I am speaking to the Order of Business. We are in here at the Ceann Comhairle’s behest and cannot get any response to questions. This matter is not just of interest to those in the House but to people right across the country. I note a letter from the Ombudsman today on the lost at sea scheme. In fairness to the Minister for Transport, with whom I disagree on a regular basis——

An Ceann Comhairle: We have been labouring this issue for some time.

Deputy Enda Kenny: ——he said last week there would be no further Government time allowed in the Chamber. Would the Taoiseach have any objection if the committee decided to re-examine this matter?

Deputy Michael Creed: The Taoiseach should be aware that today the Ombudsman has accused the Government of bad governance in respect of this issue.

An Ceann Comhairle: We are really getting into deep water.

Deputy Michael Creed: On the instruction of the Taoiseach, his colleagues on the Joint Committee on Agriculture, Fisheries and Food have thwarted the efforts of the committee to investigate further the report on the lost at sea scheme.

An Ceann Comhairle: That matter is very suitable for Private Members’ time.

Deputy Michael Creed: Bearing in mind that the Office of the Ombudsman acts to protect the interests of complainants with a grievance against the State——

An Ceann Comhairle: The Deputy will have to find some other way of pursuing that matter in the House. It is not promised business or legislation.

Deputy Michael Creed: ——why is the Government intent on undermining that office by circling the wagons to protect Deputy Fahey in this matter? 401 Order of 9 March 2010. Business

An Ceann Comhairle: The Deputy cannot pursue that issue.

Deputy Timmy Dooley: That is outrageous; it is rubbish.

An Ceann Comhairle: I call Deputy Durkan.

Deputy Michael Creed: This is a serious issue.

An Ceann Comhairle: It may well be but I have advised that Private Members’ time would afford an opportunity to raise it. There are so many other ways in which the Deputy can pursue it.

Deputy Michael Creed: The Ombudsman has made an accusation. To use her words, “The saga began with maladministration and has ended, to date at least, with poor governance.”

An Ceann Comhairle: That is entirely inappropriate on the Order of Business. I ask the Deputy to resume his seat.

Deputy Michael Creed: Has the Taoiseach anything to say on the matter?

Deputy Bernard J. Durkan: I want to raise two important items I have raised before in the House, one of which concerns the national vetting bureau Bill, which is to provide for the establishment of a national vetting bureau for the collection and exchange of information relating to the endangerment, sexual exploitation or sexual abuse, or risk thereof of children. Publi- cation is expected in 2010 but we have heard no specific date at this stage. It is very important that the Government indicate to the House the progress on the preparation of the Bill and its heads.

The Taoiseach: That Bill is being worked on. Only ten weeks of the year have elapsed.

An Ceann Comhairle: Has Deputy Durkan a second query on legislation?

Deputy Bernard J. Durkan: I remind the Taoiseach that the aforementioned matter is very important and is becoming increasingly important with each passing day. My second query concerns the bail (amendment) Bill, in respect of which the legislative programme states it is not possible to say when publication is expected. This issue has taken up some considerable time in the media and this House and I suggest respectfully that the Taoiseach indicate whether the Bill is being actively pursued. Have the heads been discussed, has drafting taken place and at what time of the year is the Bill likely to emerge?

The Taoiseach: It is consolidation legislation, as the Deputy stated, and therefore does not have the same priority as new legislation that would be more urgent. It is certainly an ongoing exercise but there is no date for the publication or enactment of the Bill.

Deputy Bernard J. Durkan: I will not delay the House. Surely everybody realises that the bail legislation, be it consolidation legislation or otherwise, must be dealt with as a matter of extreme urgency. I do not know whether the Government realises this.

The Taoiseach: I understand it is a consolidation Bill and does not contain any new provisions. It is simply consolidating the existing legal framework. Therefore, the existing legal position will continue regardless of whether the new legislation is introduced. The latter is just for the purpose of consolidating the corpus of law in the area. 402 Order of 9 March 2010. Business

Deputy Eamon Gilmore: Has the Taoiseach received any communication from the Minister for Arts, Sport and Tourism, Deputy Cullen, on his membership of the Government and of Dáil Éireann? If so, when will he make an announcement to the House in that regard? As there is now one vacancy in the membership of the Government, as a second one is to arise shortly and as a third is possible, when does the Taoiseach intend to table a motion in the House on the appointment of new Ministers? Will he confirm to the House what is widely speculated, that is, that he will announce a Government reshuffle on 23 March? The comments made today by the Ombudsman at the Institute of Public Administration are very strong. In the course of making her remarks, she expressed the hope the Oireachtas may yet find a mechanism to allow her report to be dealt with calmly and reasonably.

An Ceann Comhairle: That is really inappropriate to the Order of Business.

Deputy Eamon Gilmore: In light of the very strong comments made by the Ombudsman today, will the Taoiseach reconsider this matter and find a means of dealing with it on an all- party basis rather than have it dealt with, as the Ceann Comhairle advocated, in Private Members’ time, which would result in a divisive atmosphere?

The Taoiseach: I have no intention of introducing any divisiveness whatsoever in regard to this or any other matter. It is a matter for the Oireachtas to order its own business. The Dáil and Seanad dealt with the report in question by way of statements of 4 February and 18 February, respectively. On 3 March, the Joint Committee on Agriculture, Fisheries and Food rejected a motion brought before it. Having regard to the statements in this House and the Seanad, I am satisfied the Oireachtas has fulfilled its responsibility to consider the special report. I have stated this on a number of occasions. With respect, I do not accept the argument made. The report has been discussed in the Dáil and Seanad. I refer again to the initial statement by the Ombudsman at the time the report was laid before the Houses of the Oireachtas when she invited them to consider the report and to take whatever action they deemed appropriate. I am satisfied the Oireachtas has fulfilled its responsibility in this regard by dealing with the report in the way that it did.

Deputy Eamon Gilmore: No action has been taken on foot of the report.

The Taoiseach: In regard to the Deputy’s other question, the Minister for Arts, Sport and Tourism, Deputy Cullen, has communicated his intention to resign from the Government and from public life in the context of the serious back condition from which he suffers. It is my intention to advise the President to accept his resignation on a date on which other matters relating to the Government, and which I am currently considering, will also be the subject of decision. That was outlined in the statement I issued yesterday. I cannot add to the speculation on the date.

Deputy Caoimhghín Ó Caoláin: On the same issue, there are now no less than three by- elections pending. In addition, there is a commitment — although it may be one with a small “c”—to hold a referendum on children’s rights, as well as the signalled direct election of a mayor of the city of Dublin. In total, therefore, there are five engagements with the electorate pending. Is there any intent on the Taoiseach’s part to confirm the by-election arrangements given that it is more then eight months since the vacancy in Donegal South-West arose? When does the Taoiseach intend to allow the electorate in these constituencies to have their say and to facilitate the referendum and the direct election of a mayor of Dublin? When will he advise 403 Order of 9 March 2010. Business

[Deputy Caoimhghín Ó Caoláin.] the House of his intention to set firm dates for all of these? Or would he like to get the pain over in one go by vacating his position and holding a general election——

The Taoiseach: Not until 2012.

Deputy Caoimhghín Ó Caoláin: ——which might also accommodate a referendum on children’s rights and the election of a mayor of the city of Dublin? In the context of the tenuous arrangement that Fianna Fáil has with the Green Party in regard to the revised programme for Government, I asked the Taoiseach earlier and ask him now again about the signalled intent to introduce measures to assist families that are experiencing difficulties meeting their mortgage repayments——

An Ceann Comhairle: The Deputy is off on a tangent.

Deputy Caoimhghín Ó Caoláin: My question relates to promised legislation, which is what I understand the Order of Business is about. The revised programme for Government outlined measures such as reduced interest rates, longer maturity dates, the rolling up of outstanding interest and so on——

An Ceann Comhairle: Will the Deputy come back to his original question?

Deputy Caoimhghín Ó Caoláin: What stage is the Government at in its preparations for the introduction of the necessary legislation or the facilitation of the roll-out of the commitments contained in the revised programme for Government given that every day of the week we are seeing more and more people in severe difficulties in regard to their mortgage payments?

The Taoiseach: The Minister for Finance, the Minister for the Environment, Heritage and Local Government and other relevant Ministers have been working on this issue and have put forward initiatives in the budget and on other occasions to assist people who are experiencing difficulties. Codes of practice are in place to deal with these matters and measures to assist people have been outlined in the House. I have no comment on any further speculation.

Deputy Richard Bruton: In respect of the Ombudsman’s report, the Taoiseach cannot possibly claim that by tabling a take note motion he was fulfilling the Ombudsman’s desire for the Dáil to make a decision on it. Today’s Order Paper includes SI 88, the order for the introduction of the system of what is called long-term economic value for the €77 billion of assets that are proposed to be transferred to NAMA. This builds in the €7 billion overpayment for these assets over and above the market price. It is based on a very low risk factor in assessing the worth of the assets. Will the Taoiseach make time available in the House to discuss this? The decision in regard to the evaluation process is of immense importance to the State. I hope the Taoiseach will accede to my request for a debate on the matter.

The Taoiseach: Deputies will have an opportunity on Report Stage of the Finance Bill, which will commence shortly, to raise directly with the Minister for Finance his intentions in regard to this matter. There will be further opportunities to have a debate once NAMA is in operation and further policy decisions are taken in regard to the restructuring of the banking system or anything that arises as a result of the transfer of these loans or assets on to the NAMA books. 404 Finance Bill 2010: 9 March 2010. Report Stage

In regard to the report of the Ombudsman, the latter asked us to consider it and to take whatever action was deemed appropriate. The decision on what action is deemed appropriate cannot be taken other than by the Oireachtas.

Finance Bill 2010: Financial Resolution. Minister for Finance (Deputy Brian Lenihan): I move:

THAT section 8 of the Value-Added Tax Act 1972 (No. 22 of 1972), which relates to persons accountable for value-added tax, be amended in the manner and to the extent specified in the Act giving effect to this Resolution, to provide that a person carrying on a business in the State, who receives greenhouse gas emission allowances in the course of that business from another person carrying on a business in the State, be made accountable and liable to pay the tax chargeable on the supply.

Question put and agreed to.

Finance Act 2004 (Section 91) (Deferred Surrender to the Central Fund) Order 2010: Motion. Minister for Finance (Deputy Brian Lenihan): I move:

That Dáil Éireann approves the following Order in draft:

Finance Act 2004 (Section 91) (Deferred Surrender to the Central Fund) Order 2010,

copies of which have been laid in draft form before Dáil Éireann on 11 February, 2010.

Question put and agreed to.

Finance Bill 2010: Order for Report Stage. Minister for Finance (Deputy Brian Lenihan): I move: “That Report Stage be taken now.”

Question put and agreed to.

Finance Bill 2010: Report Stage. An Ceann Comhairle: Amendment No. 2 is consequential on amendment No. 1. The two amendments may be discussed together.

Deputy Joan Burton: I move amendment No. 1:

In page 13, line 5, after “ACT” to insert the following:

“TO MAKE PROVISION IN RELATION TO A TAXPAYERS ADVOCATE OFFICE,”.

The purpose of this amendment, which I have proposed on previous occasions, is to have the remit of the Office of the Ombudsman extended to provide for a report in regard to taxpayers’ rights and to have what exists in many countries, namely, a taxpayers’ advocate. While the Revenue Commissioners’ job is to bring in tax to the best of their ability, nonetheless, in many jurisdictions, there is a counterbalancing office the function of which is to ensure, as far as possible, that taxpayers also avail of their rights. 405 Finance Bill 2010: 9 March 2010. Report Stage

[Deputy Joan Burton.]

Since I introduced this proposal some years ago, I acknowledge that the Revenue Commis- sioners have vastly improved their systems of information to taxpayers on their rights and entitlements. However, by and large, unless taxpayers claim their allowances under the tax code within a four-year period, they lose their entitlements in regard to certain types of allowances such as medical expenses, refuse charges, trade union subscriptions and a variety of other deductions which taxpayers can legitimately claim against their income tax payment. On the other hand, as we know to our cost in regard to the banks and developers who have companies or who are trading as individual developers, they are allowed to carry forward indefinitely all of their losses and to carry back the losses for one year against, for instance, tax paid in 2008 and 2009. Therefore, it is unlikely that banks or most developers in this country will pay tax for at least a decade because they are allowed to carry forward all of their entitlements regarding tax-based losses until such time as they have exhausted all of those losses against future profits. However, the individual ordinary taxpayer has only a four year period in which to claim entitlements in respect of expenses in certain areas which may be off-set against income tax, but they must do so within a four year period unless there is a specific legal provision. This is one area which, when one compares the world of the banker and banks and developers as companies or sole traders, there is a total imbalance between the manner in which the Revenue Commissioners deal with the banks and their entitlement to write down and claim back credit against losses they have incurred, and the entitlement of an ordinary taxpayer to claim for expenses he or she has incurred. A relatively limited number of expenses can be off-set against income tax. We have a completely different way of treating the individual citizen who does not have tax advisers and accountants and a powerful banking corporation or individual who is the chief executive or the member of a board of a bank. Today, we have seen public records regarding extraordinary levels of expenses which were paid to departing bank chief executives, which makes most ordinary taxpayers groan and say, “Here we go again”. The people in the golden circle depart with enormous golden handshakes. They have the wherewithal to employ tax advisers and get the maximum advantage possible out of their tax situation. The proposal from the Labour Party is that an advocate be established to argue on behalf of individual taxpayers, in particular those who are not rich, are in ordinary employment and do not have the wherewithal to employ tax advisers and accountants. I am at a loss to understand why the Minister and Department of Finance have chosen to turn their faces against this proposal which would bring a level of entitlement and right in the pursuit of a fair and just tax system for ordinary taxpayers. Instead, our tax system trains every fibre and muscle to benefit the people who can afford professional advice, can buy into property-based tax breaks and those in the banks who will not be paying tax for a decade or two to come because everything they have lost can be carried forward indefinitely and written off against their future tax liabilities. In the case of people in the PAYE system, unless they submit a claim in a particular year, it very often dies in our tax code. The proposal for an advocate for taxpayers would introduce more fairness, equality and remedies into the tax system for the ordinary person who does not have the kind of resources which the golden circle and wealthy in our society have and enjoy, in terms of tax matters. Were the Minister to take a hard approach to the golden circle and the wealthy bankers and developers regarding the generous tax regime which they have enjoyed and which, in many ways, has brought this country to the edge of financial ruin and beyond, one could say at least there was a consistency in what the Minister proposes. However, he is not doing that. 406 Finance Bill 2010: 9 March 2010. Report Stage

In the limited measures of the Bill regarding tax exiles, the manner in which the measures are drawn up are an accountants’ or tax consultants’ dream because such a wide interpretation is available, in terms of the statute which is being introduced. We will have to wait and see how it works but I strongly suspect tax advisers will have no difficulty in advising clients how to significantly mitigate the measure. The taxpayers’ advocate would deal with the ordinary man and woman who pays tax. I do not understand why Fianna Fáil has turned its face, in successive years, together with officials in the Department of Finance, against a small measure of a more level playing pitch and equality for the ordinary taxpayer.

Deputy Brian Lenihan: There is an Ombudsman in the State. Since the inception of the Office of the Ombudsman, significant numbers of taxpayers have exercised their right to make complaints to it. The Ombudsman, Ms Emily O’Reilly, has carried out a number of special investigations on her own initiative under the Ombudsman Act 1980, such as that into the operation of schemes for disabled drivers and the repayment of tax to certain widows. In the past, when calls were made to establish a taxpayer advocate, the then Ombudsman drew attention to the duplication of role and responsibilities which such a development would involve. That is apart from the other avenues which are available within the Revenue Commissioners and, on appeal, to the Appeal Commissioners to deal with these matters. I cannot let pass the obvious misstatement of Revenue practice and law made by Deputy Burton regarding banks, individual taxpayers and companies. As far as the position related to tax reliefs is concerned, the four year look-back period for claiming tax reliefs applies to everyone, including companies, banks and corporations. Everyone is under the same limit. There is no inequality regarding claiming back tax reliefs. Everyone has the same period of entitlement, that is, four years. It applies to everyone, from the multinational to the individual. It also applies to Revenue in seeking back taxes. There is also equality between Revenue and the taxpayer. Deputy Burton has introduced a different concept, that is, losses incurred by individuals and companies. Individuals who trade on their own account can incur losses, as can companies. Such companies can include banking institutions or developers, but as companies and individuals losses can be carried forward until relieved. There is nothing unique about that in Ireland. It is common to many countries. If Deputy Burton wishes to table an amendment on that, we can examine it and discuss the issues involved. There is no equation between the two circumstances because losses incurred can be carried forward indefinitely until relieved. That is the position of any company or individual who trades on its, or his or her, own account. It is a completely separate aspect of Revenue law and practice, from the question of Revenue refunds on foot of tax reliefs where there is a four year period in operation which applies to the taxpayer and Revenue Commissioners. On the financial institutions which are participating in NAMA, there has been a recognition of a restriction in the losses made in the legislation. Therefore, it is not accurate to state banks can indefinitely claim their losses in ten years’ time, because the banks which are participating in NAMA have already had their losses restricted. I wanted to correct the record for the sake of completion.

Deputy Joan Burton: I advise the Minister to read his legislation. In the case of a restriction on losses, they can be carried forward indefinitely but there is a cap on the amount which can be utilised in any one year. That is the form of restriction which the Minister has introduced. It is not the loss, ultimately, of any losses for tax purposes which will arise. It is a restriction on the amount of the loss and this is also so in regard to the requirement that people with very high incomes would pay a minimal rate of tax. This follows the revelations I brought to the 407 Finance Bill 2010: 9 March 2010. Report Stage

[Deputy Joan Burton.] floor of the Dáil in regard to millionaires who were paying no tax because Fianna Fáil had set up an incredible structure of property-based tax breaks that they could particularly enjoy. When the Minister talks about taxation, I wish he would take the opportunity to read his own legislation and understand what exactly Fianna Fáil has done in terms of that legislation. As the Minister’s officials will confirm for him, losses at present for companies can, broadly, be carried back for one year against tax paid one year ago. Last year, according 6o’clock to information from the Department of Finance, hundreds of millions of euros were paid in refunds in respect of developers, banks and financial institutions. While we do not yet have a full figure for all of the refunds paid last year, the belief is that between last year and the hangover into this year, the totality of refunds in regard to banks and developers is likely to be well over €1 billion when they are all processed. In addition, if there are losses which have not been used, they can then be carried forward indefinitely while the institution continues. It may be that the only reason some institutions are sold on is to take advantage of their tax losses. The legislation the Minister introduced was to ensure banks are required to pay a minimum contribution of corporation tax, even where they have very large tax losses brought forward. Despite this, unused losses continue to be allowed to be brought forward indefinitely. It would be interesting if the Minister or his officials have a calculation of the total amount of tax losses which will be carried forward in the tax system in respect of banking, financial institutions, developers and builders for the indefinite future. My view is that the overhang in regard to these amounts is extremely significant. This is disappointing at a time when taxpayers have been asked by the Minister to make sacrifices. Last year, the total adjustment in the Minister’s December budget cuts was €4 billion, which is exactly the same figure he put into Anglo Irish Bank from current resources. The Minister does not like the €4 billion bailout of Anglo Irish Bank last year to be compared with the €4 billion sacrifice that people throughout Ireland, but particularly in the public service, contributed through significant cuts in their wages and restrictions in regard to their entitlements. The fact is that those two sums of €4 billion are related. Some €4 billion went into Anglo Irish Bank and I understand the Minister is planning to come back to the House shortly to ask for untold further billions to put into that bank. Even after those billions go into that bank and the other banks, there will be no requirement for the banks to pay tax for a very long time, except at 50% of the 12.5% corporation rate, or 6.25%, which will be roughly the rate of tax they will pay because of their accumulated losses. While we do not know this for certain because we do not yet have the work-outs for any of the banks, when they return to profitability, their likely rate of tax, where they are likely to pay any tax at all, will be at a maximum of 6.25%. I am surprised the Minister made outlandish claims in regard to the taxation burden the banks are bearing. He is entirely wrong. I invite the Minister to read his own legislation so he can check the actual situation.

Deputy Arthur Morgan: As I do not have the figures Deputy Burton has, I am not in a position to state whether I——

Deputy Brian Lenihan: Deputy Burton does not have any figures. She is speculating.

Deputy Joan Burton: I am reading the legislation.

408 Finance Bill 2010: 9 March 2010. Report Stage

Deputy Arthur Morgan: I have a sense of what she is advocating here, which is why I am instinctively inclined to support her amendments Nos. 1 and 2. The State should not seek to take in any more tax than people are obliged to pay. As I said on Committee Stage, and it is worth repeating, when I have occasionally dealt with the Revenue Commissioners, I found them extremely fair and reasonable. The same applies to the various sections of the Department of Social and Family Affairs and also to Bord Gáis. These are my three favourite bodies to deal with because one tends to get an answer fairly quickly and they tend to cut to the chase. They also tend to want to deal fairly and openly with constituents, which is brilliant in cases where it occurs. Why does the four-year period apply? Is there any reason it is closed after four years rather than after five or six years? The Minister might respond on that issue.

Deputy Richard Bruton: The Taoiseach invited me on the Order of Business to raise with the Minister for Finance the statutory instrument relating to NAMA which the Minister put on today’s Order Paper. It appears to be an amended version of what we saw in the Act. It specifies a particular risk discount of 1.7% risk rate discount, which seems an extraordinarily low discount to apply to the flows of income projected in respect of these highly risky property ventures. It also builds in the estimated €7 billion long-term economic value that the taxpayer is being asked to pay over and above the market valuation by NAMA. This deserves a debate in the House. It would appear to have been amended to some degree following the Minister’s discussions with the European Commission. When I asked the Taoiseach, he suggested I should wait until the Minister arrived to see whether there would be an opportunity to debate this. He seemed to suggest this would be the appropriate time to do this — I am not sure whether he was promising beyond his entitlement. This is a significant document. It is the rules of engagement under which NAMA will acquire the property. There are technical assumptions contained in it and we need to understand the implications of what we are signing off on. I see it was signed by the Minister on 3 March, so it is relatively fresh off the printing press and was just tabled on the Order Paper today.

Deputy Brian Lenihan: We have strayed far from the section under consideration. That said, I appreciate the Deputy wishes to have an opportunity to discuss it. I presume the normal procedure is to make the request through the Whips. I am not sure whether the Deputy wishes to debate it in the finance committee or on the floor of the House.

Deputy Richard Bruton: As appropriate. It would probably be easier to discuss it in the finance committee than in the House.

Deputy Brian Lenihan: I am happy to offer an official briefing to the Opposition spokespersons, which might be helpful in the first instance.

Deputy Joan Burton: That would be helpful.

Deputy Brian Lenihan: My understanding is that it does not increase the concept of long- term economic value.

Deputy Joan Burton: One offsets the other.

Deputy Brian Lenihan: There may be an issue that one may offset the other. However, it certainly will not increase the amount of the long-term economic value. In the first instance, it might be of value to arrange briefings on the subject. I will certainly undertake to do that. 409 Finance Bill 2010: 9 March 2010. Report Stage

Acting Chairman (Deputy Charlie O’Connor): The Minister might deal with amendments Nos. 1 and 2.

Deputy Brian Lenihan: The Taoiseach has varied the Order of Business for the Chair. I had better deal with the issues raised in the discussion. The position on the bank losses in the NAMA legislation is as follows. The provision in the 2009 Act limits the amount of relief that can be claimed by participating institutions for losses carried forward from earlier years. It will limit the set-off of carried forward losses against trading income of a participating institution, and all other participating institutions in the same group, to no more than 50% of that income. The net effect of the provision is that the income of a group of participating institutions cannot be reduced by more than 50% by set-off of losses carried forward.

Deputy Joan Burton: Does the Minister agree that if the rate of corporation tax is 12.5%, means that the highest rate of corporation tax that they will suffer is 6.25%?

Deputy Brian Lenihan: The rate of corporation tax is 12.5%. It will be a minimum of 50% but it is based on a criterion of trading income. Corporation tax in Ireland is a matter of national policy and it is set at 12.5%. A minimum of 50% of trading income of any year will continue to be chargeable, notwithstanding claims for relief for losses carried forward into that year. The issue of the rate of tax for banks is no different than for any other company in the State. In that context, however, and uniquely, banks have to pay tax on half their tradeable income, irrespective of what losses they have incurred in the past. That was the balance struck in the 2009 legislation and this can be revisited if we wish and the issues can be evaluated. I wish to confine myself to the proposal before the House, which is the proposal for an advocate for taxpayers. The McCarthy report proposed that all the offices of Ombudsman should be combined into a single office and here is what is in substance a request for a tax- specific Ombudsman. I do not think it is a wise way to go to set up another organisation. The Revenue Commissioners have done marvellous work in improving their internal practices. An appeals procedure and an Ombudsman are already in operation with jurisdiction to examine all these issues and in my view, this is adequate in this context.

Acting Chairman: Deputy Burton has a right of reply on amendments Nos. 1 and 2.

Deputy Joan Burton: Ordinary taxpayers on the top marginal tax rate now pay well over 40% and well over 50% when PRSI is added and the pension levy, if they are public servants. The Minister is saying that whenever the banks begin to return to profitability out of the NAMA debacle, that only 50% of their profits will be subject to tax where they have accumulated losses. This is the kind of statement that makes ordinary people so angry. The effective rate of corporation tax — which is already low — was agreed to by all parties because it attracts foreign direct investment. However, the Minister proposes to mitigate this tax by 50% for the banks. This does not arise at the moment because the taxpayer is bailing out these banks but whenever and if ever these banks return to profitability, they will have a special bonus while the rest of us, particularly public servants when the pension levy is included, will pay higher and higher marginal rates of tax. This is why people feel such anger. I put it to the Minister that in the future there will be this great unevenness between the favoured treatment given to the banks compared to the individual ordinary work. Now more than ever, he should give serious consideration to a taxpayers’ advocate who would point out these anomalies. Taxation is based on consent, the consent of the governed. In this case, because of the special treatment enjoyed by the banks, most ordinary taxpayers will be of the 410 Finance Bill 2010: 9 March 2010. Report Stage view they have done enough for these people and will question why they now have to give them indefinitely a 50% mitigation of their low corporation tax rate when and if they eventually return to profit.

Amendment put and declared lost.

Deputy Joan Burton: I move amendment No. 2:

In page 13, between lines 11 and 12, to insert the following: “PART 1 TAXPAYERS’ ADVOCATE OFFICE

1.—The Ombudsman shall include in her annual report a special report on the overpayment of tax by PAYE taxpayers, and on the take up of credits by such taxpayers, and the branch of her office dedicated to ensuring that the take up of credits is readily available to all taxpayers, and refunds made as rapidly as possible where this arises, as well as ensuring the availability of a ready mechanism for informing taxpayers of their rights, shall be known as the taxpayers’ advocate office.”.

Amendment put and declared lost.

Deputy Joan Burton: I move amendment No. 3:

In page 13, between lines 11 and 12, to insert the following: “PART 1 COST BENEFIT ANALYSIS OF TAX EXPENDITURES

1.—The Minister shall within one month from the passing of this Act prepare and lay before Dáil Éireann a report on a cost-benefit analysis of tax expenditures provided for by this Act, setting out the costs of tax foregone, and the benefits in terms of job creation or otherwise.”.

The purpose of this amendment is simple. It is to require the Minister to prepare a cost-benefit analysis of tax expenditures provided for by the Finance Acts, setting out the cost of tax foregone and the benefits in terms of job creation or otherwise. I remind the Minister that this is a promise introduced by his predecessor, Deputy Brian Cowen, as a result of the scandal of widespread tax avoidance and mitigation by very wealthy people in Irish society, by means of the use of property-based reliefs. This debate went on from approximately 2003 until special studies were commissioned and carried out, one by Indecon and another by the Department of Finance, into the property-based reliefs, pension reliefs and the newly emerging relief for investment in private hospitals. If there is a contributory factor to the build-up of the Celtic tiger bubble economy and the subsequent horrible collapse of the Celtic tiger, with the significant consequences for job losses, loss of fortune and loss of pensions by people all over the country, then these tax breaks and the refusal of Fianna Fáil to cost them but to simply give them to their favourite supporters, particularly those in the development and construction business, was a catastrophic error of historic proportions. It is one for which taxpayers will not easily forgive Fianna Fáil nor should they. We do not know what is the overhang of the tax foregone for which we still have a liability. I am reliably informed that the property-based breaks will account for at least €2 million to €3 million. Pension-based breaks cost at least €2 million a year and a significant proportion of the 411 Finance Bill 2010: 9 March 2010. Report Stage

[Deputy Joan Burton.] tax breaks for pensions are availed of by the higher paid people in particular. The Government has recently issued a Green Paper suggesting that this might be changed. There is also the separate issue of private hospitals and the co-location initiative which was driven by the ideology of the now politically defunct Progressive Democrats but which still runs riot over the provision of health facilities in this country and which, both now and in the future, an unfair proportion of the tax foregone. This is wrong. It is simply in existence to concede to a political ideology of free market extremism and far-right ideology as put forward by the Progressive Democrats and by the Minister for Health and Children, Deputy Mary Harney. I draw to the attention of the Minister an article published today in The New York Times, written by the Nobel prize-winner, the economist Paul Krugman. People will remember the shock in Ireland when, at an earlier stage in the banking crisis, Professor Paul Krugman wrote about Ireland in an article entitled “Erin Go Broke”. Today, in an article entitled “An Irish Mirror for the Crisis”, he made an interesting argument. He analyses what led to the crash, stating that “Ireland’s bust wasn’t a tale of collateralized debt obligations and credit default swaps; it was an old-fashioned, plain-vanilla case of excess, in which banks made big loans to questionable borrowers, and taxpayers ended up holding the bag.” Why did the banks make the big loans to questionable borrowers? It was because most of those big loans were for construction driven activity and that activity was egged on and boosted by the extraordinary plethora of construction-based tax breaks. He goes on to state that there was “irrational exuberance” in Ireland. I do not regard normally the Department of Finance or the Revenue Commissioners as organisations that suffer from “irrational exuberance” but that is what characterised the property-based tax breaks. Those tax breaks were introduced to target areas where there was no activity. They were supposed to be time limited but they became open-ended and unrestricted in terms of amount and the projects to which they applied. He also describes how the key players in the boom had an incentive to take risks because it was “heads they win, tails someone else loses”. Guess who the someone else was — it was the ordinary PAYE taxpayer, who is losing because he or she must carry the burden of what was done by a Government out of control in terms of recklessness, greed and risk taking on behalf of the wealthy elite. He continues that “In Ireland this moral hazard was largely personal: ‘Rogue-bank heads retired with their large fortunes intact.’” I have seen, and perhaps the Minister could confirm this, a frequently published list of the ten developer-property companies that have been identified for transfers to NAMA. One particular name that has appeared from time to time also appeared in the newspapers last weekend because of a personal dispute outside a pub in Ranel- agh and a subsequent party. That individual was able to take people in a private plane to Marrakesh, with huge figures quoted for the cost of the weekend; some of the newspapers claimed this cost €80,000. If some of our developers can afford an €80,000 weekend in Mar- rakesh, as reported in the newspapers, how can the Minister stand over their being bailed out by NAMA? Could he not have a word in their ear?

Deputy Brian Lenihan: Before Deputy Bruton proceeds, the individual referred to made clear in a statement last summer that he is paying all of his obligations to his banks and paying his loans in full. The Deputy is perfectly well aware of that.

Deputy Joan Burton: We have had a saga in our newspapers about people running off for expensive weekends at a time when the industry consists of many companies involved in the 412 Finance Bill 2010: 9 March 2010. Report Stage

NAMA process — there are no individuals at this point, it is mostly companies involved in the process. All I am saying is that if people can afford such weekends, I hope neither they nor their companies are in receipt of recourse from the taxpayer. That is what most sensible people think. We are no longer in the Celtic tiger, some modesty might better become some of these individuals and the country might be better for it. I am quoting Professor Krugman that the key players had an incentive to take big risks because it was heads, they win, tails, someone else loses. We have heard of others of this select band of developers who have taken up residence abroad, and others still who are hanging out permanently in the properties in their spouses’ names in places like Marbella and other locations that are not quite as cold as Ireland. The Minister appreciates the degree to which ordinary taxpayers are outraged about having to pick up the bill at a time when many of the individuals who are associated with the collapse in the property market and the bubble, if they are bankers, are walking off with vast pensions and golden handshakes, while if they are developers they seem to be able to maintain their houses abroad with extensive interests in their spouses’ names. In some cases they are making public announcements that from now on they will be tax resident abroad. The 400,000 people who have lost their jobs feel they are at a significant disadvantage compared to these individuals. I do not blame people for making that assessment. Professor Krugman also stated: “In Ireland regulator looked the other way, in part because the country was trying to attract foreign business, in part because of croneyism: bankers and property developers had close ties to the ruling party.” That is what one of the most eminent commentators on economics in the United States has to say about us. The purpose of amendment No. 3 is to call for a cost-benefit analysis, promised by the Minister’s predecessor years ago, to set out the costs and benefits of the various tax breaks that are still integral to our system of taxation. What is the legacy of the cost of these tax breaks to be carried into our tax system over the next seven to 15 years? We have already had a report from Dr. Peter Bacon on hotels, which states that because of the tax break for construction of hotels, there is a serious over-provision of hotel rooms and the continuation and unlimited nature of the tax break has led to traditional family hotels that have been in business for generations faced with competition from those who are in business for the purpose of the tax break. This is an example of tax breaks gone mad, where they are doing far more harm than good. The same phenomenon is starting to develop for private hospitals, where much of the private hospital building is not about health and healing the sick, but construction-focused development that qualifies for a tax break. Right around the State there are private hospitals that are entirely reliant on public sector hospitals for their income under the National Treatment Purchase Fund. The logic of their existence relates entirely to the development of the tax breaks created by the Minister’s predecessor but one, Charlie McCreevy. The Minister for Health and Children has plans for between ten and 12 private co-located hospitals around the country. In the current climate, few investors are prepared to take up these opportunities but she nevertheless appears to have advanced plans for at least four such hospitals regardless of our financial situation and the fact that we are oversupplied with private hospitals. We cannot get any information on these projects. Co-located hospitals are the stamp of the Progressive Democrats Party’s ideological drive in Government. As we approach St. Patrick’s Day, 23 Ministers will fan out across the world to sell the message that Ireland is a good country in which to invest. However, the most eminent economist in the United States has written a warning article about the Irish mirror, greed gone mad and a plain old-fashioned burst caused in part by tax breaks. If the Minister wants to recover 413 Finance Bill 2010: 9 March 2010. Report Stage

[Deputy Joan Burton.] Ireland’s reputation for financial probity, which is at the core of the damage done to this country, why does he not commission a cost-benefit analysis of all the tax breaks and their long legacies? Although Fianna Fáil has formally announced the closure of a number of breaks, in practice they are re-opened whenever someone lobbies for them. We also need a specific statement from him on what has happened to the hotel industry and the likely impact of hospital tax breaks on funding the health service in a context of scarce resources. He may copy his predecessor, Charlie McCreevy, who said, “If I have it, I spend it”, and blow any money that comes into the economy on tax breaks for developers and bankers. That was then and this is now, however, and I advise the Minister to commission immediately a study of the €7 billion to €8 billion in outstanding breaks which Irish taxpayers will have to fund. Will he come before us at the end of the month to seek further funding for the banks, the package for which may already exceed €14 billion? We are hearing estimates of €6 billion for Anglo Irish Bank, €1 billion for Irish Nationwide, €500 million for EBS and €3 billion for each of AIB and Bank of Ireland. All we know is that the figures involved are very high. Are we going to offer tax breaks at a cost of up to €8 billion while at the same time asking ordinary taxpayers to bear the full brunt of recapitalisation? If he wants to sustain confidence in democ- racy in Ireland, he needs to come forward with a detailed costing of outstanding tax breaks and their cumulative legacy.

Deputy Arthur Morgan: I welcome the opportunity to express my support for this amendment. I would like the Department rather than an outside consultancy firm to carry out a cost- benefit analysis on the budget in particular. The Commission on Taxation reported that 250 of these tax reliefs should be abolished and while I am aware this is in the pipeline in respect of some of them, we have long known about the abuse of, for example, section 23 provisions and the gross oversupply of hotels. The growth of private hospitals is undermining the health services. The Taoiseach has stated that he would spend whatever was necessary to bail out the banks. One might say fair enough but what is wrong with bailing out people of poor health? What is wrong with improving our health systems, which over the past 25 years have gone downhill rapidly? The health service we had 25 years ago was better than the current one. The concept of making the taxpayer fund 100% of the construction costs of a private hospital over a seven-year period is bizarre in the extreme. I would welcome a cost-benefit analysis of this policy as compared to the provision of proper public health services. Setting the banks to one side for the moment, surely people should be able to get proper medical attention regardless of whether they are rich or very poor. Why are public hospitals not being supported? Why are the banks able to write their own cheques at a time when hospitals are on their knees and in some cases have experienced cuts of as much as €30 million? For these reasons I support Deputy Burton’s amendment and I look forward to the Mini- ster’s reply.

Deputy Brian Lenihan: I do not propose to accept this amendment. Deputies will be aware that the issue of cost-benefit analyses of tax expenditures was considered by the Commission on Taxation but it was of the opinion that tax expenditures should be the subject of ongoing evaluation and appropriate and timely cost-benefit analyses to ensure they are both economically efficient and that parliamentary oversight can be well informed. They will not be surprised that I am entirely in agreement with the commission’s guidance. 414 Finance Bill 2010: 9 March 2010. Report Stage

However, for me to make a report as suggested, both my officials and those of the Revenue Commissioners would require that the necessary data be available and this in turn would require the appropriate tax returns. I agree with the commission that such a requirement would add complexity and volume to the standard tax return forms and increase compliance costs for taxpayers. I also agree that the ongoing monitoring and evaluation required to ensure that tax expenditures remain fit for the purpose for which they are designed and continue to be economically efficient are highly desirable. It could be argued that it is reasonable and proportionate that people who are availing of tax expenditures should supply the appropriate information to the Revenue Commissioners. However, Deputies will understand that given the current economic situation I do not believe this is an appropriate time to introduce additional complexity and cost for hard-pressed taxpayers. As I noted in my Second Stage contribution on the Bill, I intend to ask each of my colleagues in Government to assess the effectiveness of tax expenditures in their respective sectors with particular reference to those the Commission on Taxation recommend should be removed from the tax code. My Department will review the outcome of the sectoral analysis and it is my intention to report to Cabinet on progress by the end of June 2010. This new approach will place the onus for objectively justifying retention of any expenditure on the sector benefiting from the relief. My Department will then be in a position to present the Cabinet with an analysis from which to make well-informed decisions about the future of tax expenditures in good time for budget 2011. A wide range of matters was introduced under this heading in Deputy Burton’s amendment. I am not sure I want to deal with all of them but Professor Krugman’s suggestion that Ireland has gone broke has proven wide of the mark in the period since he wrote his article. He was either misinformed or else he made a false prognosis about our prospects and he was wrong in that regard. That was the fundamental thesis of his article, to which the Deputy referred. He indicated during the course of last year that Ireland had gone broke. Ireland has not gone broke; far from it. As a result of decisive action by the Government, in the teeth of opposition from the Deputy’s party, we do not find ourselves in the same position as the Greek republic because we took timely action when action had to be taken. The Deputy’s economic analysis consistently and persistently misinterprets and misrepresents the issues facing the people. Unfortunately, the excesses in which we were engaged related not only to the banking sector, but to the whole structure of public expenditure and to the fact that we had the highest unit labour costs and welfare rates throughout the eurozone. All these matters weighed heavily on our performance, along with a poorly regulated banking sector and I quite accept the burden of some of the Deputy’s criticisms in that regard. However, I do not accept for one minute the suggestion made and Professor Krugman is highly misinformed if he believes there was collusion of any shape in these matters between myself or my party and the various interests to which the Deputy refers. It is my practice to act in the public interest and that is what I have always done as Minister for Finance as a member of the Government.

Deputy Joan Burton: As I recall it, next week will be the first anniversary of an interview the Minister gave to the Financial Times while in London on and around St. Patrick’s Day last year. The visit formed part of a tour of financial centres to discuss the situation in Ireland. The Minister will recall his interview with the Financial Times. He referred to the issue of cronyism in Ireland and the fact that Ireland, to use Peter Bacon’s phrase, had a crony capitalist structure. These were the Minister’s words to the Financial Times and they were quoted on the billboards of the Financial Times. The Minister received some kudos at the time—— 415 Finance Bill 2010: 9 March 2010. Report Stage

Deputy Brian Lenihan: I did not locate myself and my party as part of that structure.

Deputy Joan Burton: The Minister did not locate himself or his party? Which is the party of the developers? What political party do the developers support? To a person, they are almost all Fianna Fáil supporters. What was their principal bank? It was Anglo Irish Bank. Personalit- ies in very senior positions associated with that bank were almost exclusively and publicly identified as Fianna Fáil supporters. Some were such friends with the then Taoiseach, Deputy Bertie Ahern, that the diminutive of their names was used by Deputy Ahern. As I recall, he could refer to the chairman and former chief executive of the bank fondly as Seanie, a privilege few in the Opposition parties would have been accorded. The Minister referred to crony capitalism in Ireland and Professor Krugman identified this crony capitalism in Ireland in very sober and restrained academic language. He stated that “bankers and property developers had close ties to the ruling party”. There have been guests in office with it from time to time, but the ruling party for the past 12 years has been Fianna Fáil. This is what the good professor was referring to and this is what the Minister referred to in his interview with the Financial Times one year ago. I refer to the matter of private hospitals and hotels. At the moment, the owners of many private hospital groups are requesting that staff take fairly significant cuts in salary on foot of parallel cuts in the HSE. By law, employers cannot arbitrarily reduce an employee’s wages. I understand industrial action may take place in several of these hospitals, including Mount Carmel Hospital in Dublin and the Aut Even Hospital in Kilkenny. A similar dispute took place in the Mater Private Hospital and several other hospitals in Dublin, but I understand they are owned by different companies and they came to a negotiated agreement with their staff. The difficulty for nurses working nights and an array of other staff in these private hospitals is that the terms and conditions to which they signed up by contract are being reduced very significantly. Since they bought these hospitals at the height of the boom, the owners, investors and developers may have used the investment in the hospital as leverage in respect of financial transactions in some cases. In this country, private hospitals used to be largely not-for-profit structures but with the boom and the availability of tax breaks, they have become largely for-profit structures. What is the situation in this regard? The Department has neither the time nor the inclination to do a cost-benefit analysis. The Minister referred to what has been taking place in this country as though he had no knowledge of the 400,000 people currently unemployed or of the various businesses which cannot get credit, but yet he will not carry out a cost-benefit analysis that might help to restore the economy. This is ideology gone mad by Fianna Fáil.

Deputy Brian Lenihan: I made it clear in my contribution that we are doing a cost-benefit analysis within the Department and not, as suggested by Deputy Morgan, involving outside consultants.

Deputy Arthur Morgan: I suggested it should not be done by outside consultants.

Deputy Brian Lenihan: That is what I am saying. We are doing it within the Department. As set out in my Second Stage speech, I intend to ask each of my colleagues in Government to assess the effectiveness of tax expenditure within their sectors, with particular reference to those the Commission on Taxation recommended should be removed from the tax code. My Department will review the outcome of that sectoral analysis and it is my intention to report back to Cabinet on progress by the end of June 2010 such that proper decisions may be made in advance of the budget. There is no question of not carrying out a proper cost-benefit analysis of tax reliefs or of my Department taking a lax attitude in this regard; quite the contrary is the 416 Finance Bill 2010: 9 March 2010. Report Stage case. We have announced our intention of engaging with Departments. It was not some crony circle that argued for these particular tax reliefs.

Deputy Joan Burton: That was the Minister’s phrase. He put crony capitalism in the international lexicon in respect of Ireland.

Deputy Brian Lenihan: As the Deputy is well aware, I was speaking in the context of the banking position in Ireland. However, in respect of the matter under discussion here, the greatest resistance to removing these tax reliefs comes from Departments that view them as a form of expenditure within their own remit. There must be a detailed engagement Department by Department well in advance of the budget such that these tax expenditures are viewed in the same way as any voted expenditure within the Government system. That is how to make practical progress on this issue, not by recourse to generalised rhetoric about the current economic position or a generalised targeting of individual begrudgery about certain individuals or companies operating within that system. Let us hold such a rational cost-benefit analysis to determine what Departments can throw up in favour of these reliefs and the Government can make a collective decision on them. Serious issues arise in respect of restricting the tail of reliefs because, as the Deputy is aware, there are private hospitals near our constituency and hotels in our constituency the future viability of which would be totally prejudged were one to simply cut off the tail in an arbitrary way and everyone realises as much.

Deputy Joan Burton: While he is on his feet, can the Minister indicate why he introduced the term crony capitalism into the lexicon when he spoke with the Financial Times? That went around the world and that was the language he used to describe Ireland.

Deputy Brian Lenihan: I will tell Deputy Burton why. I was speaking of the banking sector. An inquiry into banking is under way, which I welcome and which will be productive. The Joint Committee on Finance and the Public Service had an opportunity to meet Mr. Regling and Professor Honohan. I have had an opportunity to meet Mr. Regling and I meet Professor Honohan on a regular basis. I believe they will do outstanding work in this scoping inquiry which will inform the debate which, I hope, the joint committee will have on the causes of the banking crisis. However, it was clear to me, as Minister, that the fact that the various actors within the banking and regulatory system knew each other well in a small country did not help in maintaining a proper regulated banking structure. The new regulator, Mr. Elderfield, has already made a tremendous impression in the short period of his appointment. It is certainly the legislative intention, in the context of the Central Bank legislation, to put him in a position of unquestioned independence. I believe very much in respecting that independence, in letting him make his own independent judgment on the important questions that face us, including the question of what capital will be required in the banking system as a result of the acceleration of losses which take place through the operation of NAMA. He will have to make a determination on the capital question and I will accept that determination, and we will have to act upon it as a State. Those are the choices that face us in the weeks and months ahead. They will be taken so that the banking system and structure in this State is reformed and repaired and put in a position, as Deputy Burton correctly states, to support businesses and to ensure that jobs are created in this country. It is all too easy in the context of banking to have recourse to populist argument. The reality of the position is that the Government has had to deal with a very difficult position since September 2008 and has done everything in its power to prevent that system from becoming 417 Finance Bill 2010: 9 March 2010. Report Stage

[Deputy Brian Lenihan.] imperilled. Everything we have done has been to protect the financial stability of that system. Were the stability of that system not maintained, we would have a far greater loss of jobs and businesses in this country than we have already seen. What we have seen, as Deputy Burton correctly states, is serious enough.

Deputy Kieran O’Donnell: When the Minister is carrying out this cost-benefit analysis within the Departments, might I suggest that the Department of Finance lay down the criteria so that there would be consistency between all the Departments in how they carry out the reviews and that there will not be different forms of evaluation? The Minister strayed into other territory and made a comment on regulation in the future. The Irish Stock Exchange was before the Oireachtas Joint Committee on Economic Regulatory Affairs today because it came to notice that in all transactions since 1 November 2007 no one was regulating complaints being made against stock brokers by non-consumers, which would be organisations with greater than €3 million in turnover, typically credit unions. The MiFID Act does not fit that criteria and I wonder if the Minister was aware of that fact. Certainly, it has left a vacuum, at least since February 2008, when the Irish Stock Exchange indicated to the Financial Regulator that it felt it did not have powers in this area.

Deputy Brian Lenihan: It is a little off limits, but I will look into the matter. I have had numerous meetings with the credit union movement.

Deputy Kieran O’Donnell: Is the Minister aware of the point I made?

Deputy Brian Lenihan: No. They have a number of concerns. It has not been among the concerns they have raised, but I am sure they will be raising it now and I will have it examined.

Deputy Joan Burton: In June the Minister is to get the report on the data he has requested various line Ministers to produce. Will he agree to publish the information and to publish the data in full at that time because there is no calculation of the overhang, except the various guesstimates of €7 billion to €8 billion? I ask the Minister to confirm he now suggesting that it will be for Professor Patrick Honohan to decide and offer a figure to Government of the required level of bank recapitalisation which the Minister just stated he is committed to accepting in advance. That means, in effect, there will be little room for debate. For example, if Professor Honohan comes forward with a figure of €6 billion or €10 billion, either immediately or over a longer period, in the case of Anglo Irish Bank, is the Minister stating that he is committed to accepting that view from Professor Honohan and bringing it to this House for implementation? Last year, we put €4 billion into Anglo Irish Bank, the same amount as the total adjustment sought so painfully in the budget. We took that, as the Minister well knows, from current resources. Is the Minister stating that he now has a device for Professor Honohan to bring forward the level of bank recapitalisation in the case of each of the covered institutions and he will accept that figure, and that there will be no room for bipartisanship in this House as to whether those figures are appropriate? I understood that Professor Honohan was involved in the process and I agree with the Minister that he has brought many valuable insights and a high-quality reputation to the role of Gov- ernor of the Central Bank, but I am surprised to hear that the Minister will now accept in total whatever figures for recapitalisation are put forward by the professor. I understood the Taoiseach to say that after he returns from the United States after St. Patrick’s Day, and sometime towards the end of the month, he intends to bring forward proposals on bank recapitalisation. Is the Minister now saying that these, essentially, will be 418 Broadcasting Act 2009 (Section 9 March 2010. 33) Levy Order 2010: Motion

Professor Honohan’s proposals and that the Government will merely be the messenger to this House and to the taxpayers as to what the amounts will be?

Deputy Brian Lenihan: First, that is a completely inaccurate characterisation of the process. As I understand the position, we are talking about regulatory capital, which, in the first instance, is a matter for the Financial Regulator, not for Professor Honohan. However, the regulator works closely with the Governor of the Central Bank and also consults with me and discusses these matters. Ultimately, if our regulatory system is not to belong to the world of crony capitalism, the regulator must be manifestly seen to make an independent and objective call on these issues and cannot be subject to the kind of political pressures that Deputy Burton was deploying a few moments ago. That is the purpose of having an independent regulatory system. One of the functions of an independent regulatory system is to prescribe an appropriate level of regulatory capital for the institutions. The implications of prescribing such a level are a matter for the Government, and for this House to which the Government is accountable, but the issue of what is an appropriate level of regulatory capital is a matter for the regulatory system. Deputy Burton cannot have it both ways. If she wants us to have a robust, good international reputation, then we must have a regulator who can act in a good, robust independent way. The regulator must not be seen to be subject to endless political pressures. That is the one thing one cannot have the regulator doing, and that is essential in the context of any announcement we will make in this area. That should not be a matter of bipartisanship or tripartisanship. That is surely a lesson we should have learned already at this stage of the banking crisis. That is the position on that particular issue. Deputy Burton also raised the question of the review the Government is conducting. I would be quite happy to provide the data, but the arguments made by particular Departments are part of the Government process and should be treated as such as part of the preliminary process for the making of Cabinet decisions on these matters. It is important that the necessary frankness and candour of discussion, which one wants to see in memoranda on this subject, should be present in any documentation. I appreciate the Deputy is anxious to see what figures and estimates are available in this context. I will examine what can be produced in that regard.

Amendment agreed to.

An Leas-Cheann Comhairle: Amendments Nos. 4 and 5 have been ruled out of order.

Amendments Nos. 4 and 5 not moved.

Debate adjourned.

Broadcasting Act 2009 (Section 33) Levy Order 2010 : Motion. Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I move:

That Dáil Éireann notes the Broadcasting Act 2009 (Section 33) Levy Order 2010 [S.I. No. 7 of 2010] and the commitment of the Minister and the Broadcasting Authority of Ireland (BAI) to address the concerns of the broadcasting sector.

We had a useful and beneficial discussion at the Joint Committee on Communications, Energy and Natural Resources last week on this issue. Across the House there is a shared understanding of the importance of local radio to the country. Since it was introduced in the late 1980s, it 419 Broadcasting Act 2009 (Section 9 March 2010. 33) Levy Order 2010: Motion

[Deputy Eamon Ryan.] has been hugely beneficial to many communities. We are all committed to protecting it and to see it continue to thrive. In recent years, those in the radio sector have said that good regulation helps radio companies succeed and that the early requirement for local radio stations to carry local content strengthened them and helped them thrive. The Broadcasting Act 2009 has given the independent broadcasting sector a single regulator under the Broadcasting Authority of Ireland, which it has been seeking for some time, without fear or favour to either side. It is crucial that a level playing field is provided. Regulation tends to be funded by its industry as happens in energy, communications and other sectors. The Broadcasting Act 2009 sets out the ability of the broadcasting industry to fund its regulator, as is the practice elsewhere. I believe it is the right model. The levy order, laid before the House by the Broadcasting Authority of Ireland in January 2010, 7o’clock set out the mechanism by which funding would be put in place. It did not determine the regulator’s budget or the exact payments to be made by any radio station or broadcasting party. As was debated at the joint committee, the mechanism went through independent expert advice and consultation before it was laid before the House. The Joint Committee on Communications, Energy and Natural Resources did valuable work in identifying the sector was in difficulty because of the downturn in advertising and the competitive nature of the market due to the large number of radio stations and asking the Broad- casting Authority of Ireland to re-examine its budget and the amount of the levy. I was pleased with these developments. It will have a board meeting at the end of the month and I presume it will return to the committee afterwards with whatever budget revisions it has made. I was glad I could tell the committee we could go further than that. I committed to examine legacy payments, those that might have to be made for covering the last quarter of 2009, and other mechanisms that could reduce the levy and, therefore, support the industry. We need good regulators and regulation in broadcasting as it is a more difficult sector to regulate than, say, energy or communications, due to it being involved in sensitive political and other social issues. Good content regulation is vital. The right people have been appointed to the authority to achieve this. I believe they can do their business in a cost-effective and efficient way that supports the industry. We need to get it right as it is a difficult levy to introduce during a difficult economic time. The authority should be allowed to come back to the Oireachtas committee, as I will, to further the work already done, to deliver for the industry and to protect the jobs needed in our radio and television sector.

Deputy Simon Coveney: I move amendment No. 1:

To delete all words after “Dáil Éireann” and substitute the following:

“annul the Broadcasting Act 2009 (Section 33) Levy Order 2010 [S.I. No. 7 of 2010] to allow the Broadcasting Authority of Ireland (BAI) to review budgetary expenditure for 2010 and satisfy Dáil Éireann that the concerns of the broadcasting sector are being addressed through the delivery of value for money in the new BAI structures.”

I am glad we have an opportunity to discuss this issue on the floor of the House because for some days it seemed that would not be possible. Three different motions were tabled by the Government to facilitate this debate. The first was inexplicably withdrawn and then re-introduced last Friday. It was re-introduced again today, then changed and now we have this motion. I tabled this amendment not to be difficult. I understand where the Minister is coming from and I welcome his encouragement of a review of the expenditure plans of the Broadcasting 420 Broadcasting Act 2009 (Section 9 March 2010. 33) Levy Order 2010: Motion

Authority of Ireland for this year. I also welcome that he will return to the communications committee with ways to deal with the costs that have been already incurred in the last quarter of 2009 and the first of this year. I understand this expenditure has been met by cash reserves, but we do not know from where they came. While that is a historical issue, my main problem is that the Minister is asking us to give away the only tool this House has to require the Broadcasting Authority of Ireland to review, revise and publish to the House’s satisfaction its budgetary plans for 2010. The House is being asked to approve a levy order to raise moneys for a budget it has not seen. The House only knows, from what the Minister told it in January, that the Broadcasting Authority of Ireland plans to increase its budget by 27%, from €6 million to €7.6 million. Despite it having several extra responsibilities as the new broadcasting authority, I do not accept that there should be any increase in its budget due to the economic environment in which both private and public broadcasters are operating. When broadcasters’ revenues have been reduced by between 20% and 30%, we are introducing a new levy on the industry, one that was not in place last year because it was paid through the Exchequer, to pay for this regulation. In response, the industry has acted responsibly. Few broadcasters have a problem with the principle of a levy to pay for regulation. However, they have a problem with being asked to pay for a bloated yet unpublished budget. By law and, according to what the Minister said in January, it should have been published by now. With reluctance, we are using the only tool available to us as legislators to prevent the Broadcasting Authority of Ireland from introducing a levy on broadcasters until it can satisfy the House it is acting prudently, offering value for money and not putting an undue financial burden on broadcasters. The Minister has not answered that question. It is not unreasonable for us to say to the BAI at this stage to forget about this levy in order to concentrate on its budgetary review and to come back and explain why it needs that amount of money and where it will be spent between now and September. At that stage the BAI will have prepared a three-year budget so this is a temporary measure. When it does so, we will help to fast-track an order to allow it to collect a levy at that time. We will not sign a blank cheque for the Broadcasting Authority of Ireland. That is irresponsible and we should not do it. That is the basis of my amendment to the Government motion.

Deputy Liz McManus: On 3 March, the Oireachtas Joint Committee on Communications, Energy and Natural Resources did something unusual. It recommended the annulment of the broadcasting levy scheme. All parties, Government and Opposition, supported the motion. They shared the same feeling of outrage at what is being done, particularly in respect of how it affects the smaller operator such as local radio stations across the country. We now have an opportunity to put things right in this debate. We can ensure that a new fair scheme is put in place if we vote for the amendment tabled by the Opposition and reject the motion. Over the past number of days, Government shenanigans have led to an abuse of this Parlia- ment. A meaningless motion is being debated at a time when we need to get real. The motion states that we in this House note the commitment of the Minister and the BAI to address the concerns of the broadcasting sector. The Minister and the BAI have created the mess. Both parties colluded in the exorbitant increase in the budget, which is still to be published, of €7.6 million. This figure was agreed by the Minister for Communications, Energy and Natural Resources and the Minister for Finance and was only made known by way of a parliamentary question. The formula — the levy scheme used to apportion costs across the sector — was devised by consultants employed by the BAI. It is grossly unfair and militates against smaller local radio stations. 421 Broadcasting Act 2009 (Section 9 March 2010. 33) Levy Order 2010: Motion

[Deputy Liz McManus.]

We do not need ineffectual posturing and crocodile tears from the Government. We need the levy scheme taken off the table and a new one drawn up. This is not just about the budget for 2010, it is about future budgets and past budgets. The Minister let the cat out of the bag when he met the committee recently. Until he said otherwise, everyone understood the broadcasting industry would have to pay the €1.25 million fee for last year. It turns out the Broadcasting Authority of Ireland had money in the bank and was well able to pay for it themselves. That bill presumably will not be levied on the broadcasting industry. It goes without saying that we need a reduced budget at this stage because of what happened. That is not the issue. The issue is the levy scheme, where reform must happen. Work postponed will reappear next year or the year after. It will still be paid for and the leopard will not have changed its spots. The unfortunate independent sector will be bled dry. The budget increase is 27% or more and according to the industry the cost of the levy represents 1.7% of total advertising revenue at a time when broadcasters have had to cut costs by 15% to 25%. That is what is going on beyond the confines of this House. The formula set out in the statutory instrument militates against smaller operators. The bigger the operator, the bigger the discount. I do not want to knock RTE but it is noteworthy that RTE will pay 50% of the levy even though it has far more than 50% of the revenue. Even a simple percentage levy would be fairer than what is proposed now. Government Deputies can show their mettle again. They have already done so and it is a great credit to them that they stepped out of their comfort zone. They know the importance of the role of local broadcasting. The Minister for Communications, Energy and Natural Resources can steamroll a levy scheme into force that will penalise the independent sector and lead directly to job losses. He can do so if the Government Deputies give him that right today. However, we have a choice and it is an important one. If the amendment is passed, the Minister will be sent back to the drawing board and a new levy scheme will be introduced, which is not an insurmountable task. As Deputy Coveney said, there would be willingness on the part of the Opposition to make progress and to sanction a scheme to ensure it is put in place. Nobody is refusing to contribute to the cost of regulation but the Minister bears the responsibility for a lavish budget drawn up by a quango he established unnecessarily. There was a cheaper, easier and better way to do this. The Minister must take responsibility for putting to right what has happened. This has a major impact, particularly on local radio stations across the country. They are being hit unduly hard and we have a duty to represent those people across the country.

Deputy Martin Ferris: Sinn Féin will oppose the motion to enforce a levy as it will mean many local radio stations will find it difficult to survive. Local radio stations simply cannot afford the levy, in some cases up to €50,000, in the current economic climate. They are not taking in enough revenue to sustain such costs. Also, the budget allocated to the new broadcasting authority is significantly higher than the two authorities it replaced, the Broadcasting Com- mission of Ireland and the Broadcasting Complaints Commission, despite one of the arguments for its establishment being greater efficiency and presumably cost savings. The advent of local broadcasting has been welcomed as a positive development and has contributed to a great improvement in the level of local coverage across the spectrum from local news to sport and other cultural activities. It would be a great pity if the effect of this levy was to put some of these local broadcasters out of business. Apart from the loss to local communities, it would also mean that stations would be forced to close or curtail their activities 422 Broadcasting Act 2009 (Section 9 March 2010. 33) Levy Order 2010: Motion and a significant number of jobs would be lost. When this issue was raised in a question to the Minister, he said the broadcasting authority would review its budget estimates and would meet again with radio stations. Today, however, he seems to have decided there will be no change and the levy will stand. Surely, given that advertising revenues, which are a key part of the income that allows local radio stations to operate, have fallen by as much as 30%, there is a need to re-examine the levy, which was decided upon before the full impact of the current economic downturn was felt in the sector. Surely it is preferable that the Minister waives the levy, given that having the stations continue to operate and provide jobs and income and tax revenue to the State is preferable to bringing about a situation where some, if not many, are forced to close with the consequent loss that would represent. It should also be noted that the levy has been opposed by people across the political spectrum. This includes Government members of the Joint Committee on Communications, Energy and Natural Resources, one of whom tabled a motion to annul the levy. This received unanimous support. Presumably there will be another situation which Government Deputies will shamefully be forced to retreat from positions adopted in the committee and vote in favour of something they are clearly opposed to. The Minister ought to take on board the concern expressed by the committee as he said he would. He should promise the broadcasting authority will review its budget and reduce the budget so that the levy is not required. That will allow local radio stations to continue to operate in the current economic climate without having to cope with an added financial burden. That would mean the preservation of the quality of the service provided and jobs. The situation could be reviewed if and when the situation changes and stations are earning sufficient advertising revenue to meet the demands imposed upon them. For the reasons listed, I ask the Minister to change his mind at to at least allow those members of the Government parties, who clearly share opposition to the levy, the opportunity to vote against it. As stated by previous speakers, perhaps the Minister will contemplate the amended motion and revisit the whole situation to the benefit of Irish broadcasting and local radio stations in general.

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I appreciate the comments from Members opposite. As regards how the motion before us and not the committee motion came before the House, as I understand it a committee motion can be reported on the floor of the House but cannot lead to a debate on the floor of the House. However, I was quite happy to facilitate the Opposition’s motion and to go over some of the issues raised at committee and to tease out the matter further. This is an area——

Deputy Liz McManus: Why then was it withdrawn?

Deputy Eamon Ryan: Broadcasting is an area of complex and acute difficulty.

Deputy Liz McManus: May I ask a brief question?

An Leas-Cheann Comhairle: No provision has been made for questions. The Minister is replying to the debate.

Deputy Liz McManus: On a point of order——

An Leas-Cheann Comhairle: I call Deputy McManus on a point of order. 423 Broadcasting Act 2009 (Section 9 March 2010. 33) Levy Order 2010: Motion

Deputy Liz McManus: The Minister stated he was willing to have the debate on the motion but——

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

Deputy Liz McManus: ——the motion was withdrawn.

An Leas-Cheann Comhairle: That is not a point of order. The Minister is replying to the debate.

Deputy Liz McManus: Why was it withdrawn?

Deputy Eamon Ryan: I was not party to the detailed and complex meetings on this issue. I am happy to be here tonight to speak on this motion.

Deputy Emmet Stagg: It is the Whips’ fault.

Deputy Eamon Ryan: I stated several times in the House, prior to my meeting with the Oireachtas committee last week, that I had concerns with the proposed draft budget and that I believed the broadcasting authority should revisit and reconsider it. Far from signing off on, colluding and so on on the matter, I had similar concerns to the Deputies opposite. I disagree fundamentally——

Deputy Simon Coveney: Why did it not publish the budget?

Deputy Eamon Ryan: It is hoped that as soon as the revised budget is obtained from the authority it will be published. The matter must first go to the authority, whom we appointed through a new mechanism involving the joint Oireachtas committee, to make those type of collective decisions on our behalf.

Deputy Simon Coveney: It was given the budget in January.

Deputy Eamon Ryan: The important task of regulation should not be underestimated. I stated earlier that regulation strengthens an industry and I compared it to the communications or energy regulator. Broadcasting regulation is fundamentally different. It has a certain element of economic regulation in terms of one’s interest in maintaining a market where there are a variety of different broadcasters. There is also a fundamental difference in content regulation in that one is going beyond simple market analysis and is able to say to businesses that what they stated is wrong, that their style of programming is improper or that the nature of their advertising must cease. That is a different type of regulation. It is far more difficult, subtle and sophisticated and in many ways far more important. Local radio stations broadcast into the kitchens of every house in this country. It is important we get that regulation right. In getting that regulation right we must ensure that the regulator does not treat one station differently from another. There is a sense that where everyone is paying and making a contribution, small in some cases and larger in others——

Deputy Simon Coveney: I ask the Minister to deal with the concerns we raised.

Deputy Eamon Ryan: ——they take ownership of the regulator, which is important.

Deputy Simon Coveney: We are not disputing all of this. 424 Broadcasting Act 2009 (Section 9 March 2010. 33) Levy Order 2010: Motion

Deputy Eamon Ryan: I believe there is a principle in——

Deputy Liz McManus: It is all about ownership.

Deputy Eamon Ryan: Yes, it is about ownership.

Deputy Liz McManus: It is about jobs.

Deputy Eamon Ryan: If we had a regulator that was purely funded by RTE, as Deputy McManus appears to be suggesting——

Deputy Liz McManus: I am not.

Deputy Eamon Ryan: ——I am concerned that over time we would end up with a regulator that might be seen to be biased or that might not have full independence or ability to conduct regulation.

Deputy Liz McManus: The Minister should not put words in my mouth.

Deputy Eamon Ryan: I am not.

Deputy Liz McManus: Yes, the Minister is putting words in my mouth.

Deputy Eamon Ryan: I am taking the import of what the Deputy is saying and stating that I disagree.

Deputy Liz McManus: If the Minister introduces a fair scheme I will support it.

Deputy Eamon Ryan: I believe it is important to have a single regulator that can for the first time regulate RTE in a way that is proper. The regulator will also have the difficult task of going into radio stations at a time when businesses are in difficult situations——

Deputy Emmet Stagg: They will be when the Minister is finished.

Deputy Eamon Ryan: ——and to get right the balance to ensure we keep as many jobs as possible while at the same time keeping content and quality of broadcasting high.

Deputy Liz McManus: The Minister is not doing that. That is not going to happen.

Deputy Eamon Ryan: The people in the industry to whom I have listened——

Deputy Liz McManus: This is flimflam.

Deputy Eamon Ryan: ——do, as Deputy Coveney stated, by and large agree with the principle of making a contribution to regulation because they have seen at firsthand the benefit that accrues. When one insists on quality without fear or favour of any one company versus another it works.

Deputy Simon Coveney: I am not disputing that.

Deputy Eamon Ryan: I am glad Deputy Coveney agrees because Deputy McManus appears to disagree with me.

Deputy Liz McManus: I do not. 425 Broadcasting Act 2009 (Section 9 March 2010. 33) Levy Order 2010: Motion

Deputy Eamon Ryan: I want to make the following important point. If we are agreed on the principle that each broadcaster makes a contribution, small versus others——

Deputy Liz McManus: I said that.

Deputy Eamon Ryan: ——then it is for us to ensure that that contribution is as low as possible so as to assist broadcasters through a difficult time, which is what we are committed to. That is what this motion states.

Deputy Simon Coveney: The Minister should show us some respect and address our concerns.

Deputy Eamon Ryan: The authority and the Government are keen to work on that basis.

Deputy Simon Coveney: Address our concerns.

Deputy Eamon Ryan: I believe the first process is for the broadcasting authority to examine its budget and to, as the Deputies rightly suggest, recognise that the industry and other industries and households are keeping budgets tight because money is tight——

Deputy Noel J. Coonan: A 27% increase is not tight.

Deputy Eamon Ryan: ——and for it to come back to the Oireachtas committee and Govern- ment on that basis and see what we can do as a first step. That is what we are committed to, as stated in the motion, which I urge the House to support.

Question put: “That the words proposed to be deleted stand.”

The Dáil divided: Tá, 79; Níl, 68.

Tá

Ahern, Bertie. Flynn, Beverley. Ahern, Dermot. Gogarty, Paul. Ahern, Michael. Gormley, John. Ahern, Noel. Grealish, Noel. Andrews, Barry. Hanafin, Mary. Andrews, Chris. Haughey, Seán. Ardagh, Seán. Healy-Rae, Jackie. Aylward, Bobby. Hoctor, Máire. Blaney, Niall. Kelleher, Billy. Brady, Áine. Kelly, Peter. Brady, Cyprian. Kenneally, Brendan. Brady, Johnny. Kennedy, Michael. Browne, John. Killeen, Tony. Byrne, Thomas. Kitt, Michael P. Calleary, Dara. Kitt, Tom. Carey, Pat. Lenihan, Brian. Collins, Niall. Lenihan, Conor. Conlon, Margaret. Lowry, Michael. Connick, Seán. McDaid, James. Coughlan, Mary. McEllistrim, Thomas. Cowen, Brian. McGrath, Mattie. Cregan, John. McGrath, Michael. Cuffe, Ciarán. McGuinness, John. Curran, John. Mansergh, Martin. Dempsey, Noel. Martin, Micheál. Devins, Jimmy. Moloney, John. Dooley, Timmy. Moynihan, Michael. Fahey, Frank. Mulcahy, Michael. Fitzpatrick, Michael. Nolan, M. J. Fleming, Seán. Ó Cuív, Éamon. 426 Broadcasting Act 2009 (Section 9 March 2010. 33) Levy Order 2010: Motion

Tá—continued

Ó Fearghaíl, Seán. Roche, Dick. O’Brien, Darragh. Ryan, Eamon. O’Connor, Charlie. Sargent, Trevor. O’Donoghue, John. Scanlon, Eamon. O’Flynn, Noel. Smith, Brendan. O’Hanlon, Rory. Treacy, Noel. O’Rourke, Mary. Wallace, Mary. O’Sullivan, Christy. White, Mary Alexandra. Power, Peter. Woods, Michael. Power, Seán.

Níl

Allen, Bernard. McGinley, Dinny. Bannon, James. McGrath, Finian. Barrett, Seán. McHugh, Joe. Behan, Joe. McManus, Liz. Breen, Pat. Mitchell, Olivia. Broughan, Thomas P. Morgan, Arthur. Bruton, Richard. Naughten, Denis. Burke, Ulick. Neville, Dan. Burton, Joan. Noonan, Michael. Byrne, Catherine. Ó Caoláin, Caoimhghín. Carey, Joe. Ó Snodaigh, Aengus. Clune, Deirdre. O’Donnell, Kieran. O’Dowd, Fergus. Connaughton, Paul. O’Mahony, John. Coonan, Noel J. O’Shea, Brian. Costello, Joe. O’Sullivan, Jan. Coveney, Simon. Penrose, Willie. Crawford, Seymour. Perry, John. Creed, Michael. Quinn, Ruairí. Creighton, Lucinda. Rabbitte, Pat. Deasy, John. Reilly, James. Deenihan, Jimmy. Ring, Michael. Doyle, Andrew. Shatter, Alan. English, Damien. Sheahan, Tom. Enright, Olwyn. Sheehan, P. J. Feighan, Frank. Sherlock, Seán. Ferris, Martin. Shortall, Róisín. Flanagan, Charles. Stagg, Emmet. Flanagan, Terence. Stanton, David. Gilmore, Eamon. Timmins, Billy. Kehoe, Paul. Tuffy, Joanna. Lynch, Ciarán. Upton, Mary. Lynch, Kathleen. Varadkar, Leo. McCormack, Pádraic. Wall, Jack. McEntee, Shane.

Tellers: Tá, Deputies Pat Carey and John Cregan; Níl, Deputies Paul Kehoe and Emmet Stagg.

Question declared carried.

Amendment declared lost.

An Leas-Cheann Comhairle: Is the motion agreed to?

Deputy Emmet Stagg: It is not agreed.

Question, “That the motion be agreed to”, put and declared carried.

427 Land and Land Conveyancing Law Reform 9 March 2010. Bill 2010: Second Stage

Private Members’ Business.

————

Land and Land Conveyancing Law Reform (Review of Rent in Certain Cases) (Amendment) Bill 2010: Second Stage. Deputy Ciarán Lynch: I move: “That the Bill be now read a Second Time.” I bring before the House, on behalf of the Labour Party, the Land and Conveyancing Law Reform (Review of Rent in Certain Cases) (Amendment) Bill 2010. I acknowledge the members in the Visitors Gallery representing 50 different retailers across the country with an employee base of over 15,000. I understand also that members of the trade union movement are in the Visitors Gallery. The joining of both groups in the Visitors Gallery demonstrates the concern that exists in the retail sector regarding this matter. I wish to share my time with Deputies Penrose and Morgan.

An Leas-Cheann Comhairle: That is agreed.

Deputy Ciarán Lynch: Why is this measure needed? The purpose of this Bill is to recognise the serious burden placed upon businesses throughout the State arising from the current decline in the economy when faced with upwards only commercial rent reviews. Shops are going out of business in virtually every village, town and city in the country. Last year, this issue was only partially addressed in the Land and Conveyancing Law Reform Act. However, changes with regard to the abolishment of upward only rent reviews applied only to leases which had been agreed in the past week and existing business leases set prior to that date are not affected by that Act. During the debate last year, the Minister, Deputy Dermot Ahern, stated that it is important the House sends out a strong signal to the market, and particularly those ranked in commercial premises, that it is better to get some rent than no rent at all. He also stated that putting people out on the street is in no one’s interest. He further stated that he believed it was right for the Oireachtas to send a signal to exhort landlords to be as reasonable as possible in cases where traders were locked into, for example, a 35 year lease with upwards only rent reviews. He said he wrote to all professional bodies in the property sector to exhort their members to deal reasonably and rationally in such cases. That was then; this is now. It is clear the signal was not heard, and rents have continued to increase. I read an International Monetary Fund report published at the start of this year that showed that commercial rents in Ireland are among the top three in the world, and higher than cities such as Tokyo. I believe they are even higher than cities such as Milan. Given that rents are at such a level and we are in the midst of possibly the greatest economic recession this country has ever faced, one must ask why rents are so high. Rents are so high because legally it is not possible to reduce them. It is now clear that this measure must be dealt with on a legislative basis given the emergency of the position in which we now find ourselves. The Bill recognises the crisis we are in and the need for emergency measures. It empowers the Government, in the public interest, by order to grant temporary relief from the operation of existing upwards only rent reviews. In summary, the Bill will establish an emergency period during which it will effectively prohibit the application of upwards only rent review clauses in business leases which will apply to both existing as well as new leases. The retail sector is the largest private sector employer in the economy. It represents over 24,000 stores and employs almost 280,000 people yet in 2009 there were 30,000 job losses at a 428 Land and Land Conveyancing Law Reform 9 March 2010. Bill 2010: Second Stage cost of €600 million to the State. In January and February of this year, there were 38 insolvenc- ies. Additionally, 120 unlimited retailers have failed in the first two months of this year. Retail sale values for that period were down and we have seen them continue to drop. In the past two years, the accumulative drop in the retail sector was 30% in business terms yet, crucially, rent as a percentage of operating costs has increased beyond 20% for many shopping centre tenants while their sales continue to implode. In this collapsing market, landlords protected by an upward only rent review measure are seeking increases in rent in shopping centres. In Dundrum shopping centre the increase sought is 60%. In the Pavilions shopping centre in Swords it is 100%. In Monaghan Shopping Centre it is 46%, and in my own constituency of Cork South Central the landlord of the Wiltons Shopping Centre is seeking increases from hard pressed tenants of between 36% and 58%. This small sample represents an unrealistic world view in which landlords are ignoring economic realities and seeking extraordinary increases in rents. It is also becoming evident that the most exorbitant increases are being sought by property developers and property owners who are headed towards the NAMA process, perhaps hoping that an increase in rental yields will increase their NAMA valuation. It is now beyond argument that the commercial property market is not a market. In a real market, demand meets supply and a price is derived. In the Irish commercial property market, however, there is an oversupply of retail property and a lack of demand for it yet rent prices continue to increase. As referenced in the IMF report, rents increase when more property becomes available and businesses go to the wall because they cannot pay those rents. A more appropriate description is that the Irish retail market is a rental bubble similar to its near relative, the property bubble. Sustaining this rent bubble means that the single greatest cost facing businesses in the retail sector, which are greater than energy costs, supplier costs, and most importantly, employment costs, is meeting an unsustainable rent on a quarterly basis. Like other Members I received an e-mail in recent days from a distressed person who stated that the business is opened every morning to pay their rent even as it is losing money hand over fist. The company is in a financial bind in that it must open to trade in order to lose income. If it does not, under the legalities of its existing lease, the landlord will pursue it for the rent. An e-mail from the chief executive of Cleary & Co, a Dublin-based company, states:

We are all aware of the very serious situation facing many progressive indigenous businesses, particularly retailers and their staff, who have been caught in a upward only rental system that clearly does not work. Throughout the Tiger years, this community was not one that accumulated wealth, but one that spread it to the far corners of society. The last time we had such a crisis led to the formation of the Land League and the many reforms that ensued.

I received an e-mail from a Ms Kathryn Lynch in Navan, Co. Meath. She is not related to me. The e-mail states:

The application of an upward-only lease clause of my lease has just resulted in me closing my shop with the loss of 6 jobs. We are now working hard to try and re-locate our business to an alternate premises so we can continue to honour our financial commitments. I will probably lose my house as my landlord has now instigated litigation to recover the lease interest.

I received an e-mail from Mr. Colm Sorensen, managing director of Butlers Chocolate Cafés, a recent Irish success story: 429 Land and Land Conveyancing Law Reform 9 March 2010. Bill 2010: Second Stage

[Deputy Ciarán Lynch.]

We are an Irish manufacturing and retailing company based in North Dublin and employing 250 people. We operate 14 shops throughout the country. Throughout 2009 our management and staff have accepted a wage freeze and many of our suppliers have reduced their prices. The only cost that we have not been able to contain is rent. Rising rents amid falling sales threaten to undo all the good work we have done in growing this business from less than 20 employees to 250 over the last 10 years. Surely something can be done on an emergency basis to suspend unreasonable increases being sought by landlords availing of the patently flawed (and biased towards landlord) [rent] review mechanism?

I also received correspondence from Keith Rogers of ECCO, the shoe company in Cork. It states:

We have been selling shoes in Ireland since 1916, we currently employ over one hundred people. We are making huge efforts to make our business survive through this current downward period but find that current rents and the upward only clause in our leases is the single biggest threat to our business.

It is now beyond argument that the commercial property market is not a market. Each e-mail I quoted asks a single question: do we invest in creating a sustainable labour and business market or instead invest in an unsustainable property rental bubble? When preparing this legislation and when having other debates with the Minister, there was a lot of toing and froing with regard to legality and constitutionality. In preparing the Bill, the Labour Party considered a number of points. Any adaptations or changes with regard to property law must stand up to legal scrutiny. In preparing the Bill, the Labour Party sought such legal examination. Its legal advice is that the Bill is robust and will stand up to legal challenges, be they in regard to constitutional matters, private property rights or contract law. What the Bill seeks to address is the emergency that has arisen in regard to upward-only rent reviews and the substantial economic havoc that such provisions are causing, particularly to small and medium-sized enterprises. Rent reviews, which normally occur every five years, are resulting in many such companies having to be wound up, liquidators exercising special statutory powers to disclaim erroneous leases and businesses effectively being abandoned, thus resulting in a substantial loss of employment. This was exemplified in the e-mails to which I referred. The Government’s response to this issue has been twofold. One approach has been to set up a working group and the other has been to claim there are legal obstacles prohibiting the Government from finding a solution. It appears the Government is always one working group away from finding a solution. Whenever a difficulty is presented in the House, we hear a Minister state he is forming a committee or working group and that it will report to the House at some time in the future. The working group in question is to make its first report on 30 June, just before the summer recess. Coincidently, this is almost a year to the day since the Minister first announced he was going to do something about the problem. It is the view of the Labour Party that the financial stress being placed upon the retail sector by upward-only rent reviews requires an immediate and urgent response. Struggling businesses cannot wait until next week, let alone 30 June. The second matter regarding legal difficulties was restated by the Taoiseach this afternoon in response to the Labour Party leader, Deputy Gilmore, who raised the matter with him. During the debate, the Deputy called on the Taoiseach to lay the advice of the Attorney General before the House. I reiterate that request. A precedent has already been set with 430 Land and Land Conveyancing Law Reform 9 March 2010. Bill 2010: Second Stage regard to legal advice of the Attorney General being laid before the House. I believe former Attorney General Peter Sutherland did so given the significance and national importance of the matter in question. Given the seriousness and grave consequences of the upward-only rent provision, it is incumbent on the Minister to lay the Attorney General’s advice before the House. In preparing this Bill, the Labour Party sought legal advice. Other notable legal opinions were offered in the media of late. The Labour Party is certainly in a position to lay its legal advice before the House in response to the Minister furnishing us with the Attorney General’s report. As I understand it, the Attorney General is an appointee of the Government and a member of the legal profession. He or she is appropriately trained and his or her opinion is valued, thus meriting appointment by the Government. However, the message should not be sent out from this House that the view of the Attorney General on any single matter is infal- lible. The only way the view of the Attorney General on the matter in question can be tested is by putting it in the public domain and subjecting it to full scrutiny.

Deputy Ruairí Quinn: Hear, hear.

Deputy Ciarán Lynch: In the absence of the Attorney General’s advice, one can only assume there is some reason for the Government’s resistance to supporting this Bill. One conclusion that could be drawn is contained in a recent letter published by Professor David Gwynn Morgan of University College Cork in the national newspapers last week. It states: “No doubt, it is a happy coincidence that the establishment view of things coincides with the interests of banks who have advanced money to landlords to acquire premises on the basis of existing rent levels: the banks’ interests would be damaged by a change which would reduce rents.” Further to this point by Professor Gwynn Morgan, and in regard to the working group set up by the Minister, one must ask whether it is just a convenience or coincidence that the timing of the group’s report will be after the valuation of the NAMA portfolios has commenced in the coming weeks. There is a Government tradition in the House, which as a new Member I would probably call a practice, of opposing new ideas brought forward by the Opposition. In a recent housing Bill, for example, there was an obvious technical fault in that the Minister had cited the wrong year. I cited the correct year by amendment but the Minister voted against it and subsequently tabled the same amendment in his own name. Perhaps “Yes Minister” can make some sense of that. It is a case of “very brave, very brave”. To me this sort of carry-on beggars belief and it is beyond common sense to the public. I would like the Government to treat this Bill like any other. I hope it will not oppose it at 8.30 p.m. tomorrow. It should do what happens in regard to every important Bill, that is, let is proceed and, on the later Stages, make its amendments rather than adopting its default position. This would be in keeping with proper legislative practice. I would welcome a 8o’clock response from the Minister that takes on board the intent of this Bill, which is to assist the Government to deal with an emergency situation that is causing significant damage to the retail sector. Something must be done now rather than waiting for a report at the end of June. As we debate the Bill this evening, jobs are being lost in the retail sector because of overpr- iced and inflexible commercial rents. The Government has an opportunity to show that it will put people and jobs first and will make a real effort in reducing the live register. There is also an opportunity for the Government to save money. A recent report indicated that the State is one of the largest renters of properties bound by the upward only rent review provision. In Dublin, for example, the State is paying €118 million per year on rental properties that are locked into such contracts. However, the State itself is also a landlord. One of the reasons 431 Land and Land Conveyancing Law Reform 9 March 2010. Bill 2010: Second Stage

[Deputy Ciarán Lynch.] behind the closure of Hughes and Hughes was its failure to secure a rent reduction of any significance from the Dublin Airport Authority. At the last minute the authority came in with a proposal to reduce by 1% the rent that was set five years ago at the height of the property bubble. This is the type of nonsense the Government is simultaneously overseeing and being subjected to on an annual basis. Some of the €118 million being paid by the State is going to some of the wealthiest people in the country, including Larry Goodman, Liam Carroll and even Anglo Irish Bank, which the State recently acquired. If we cannot work out a deal with Anglo Irish Bank to reduce rents, what are we at? The wholesale and retail sector was the largest employment sector of the economy in 2009, when it employed just over 307,000. One year later, with nearly 30,000 jobs lost in this sector alone, the situation is getting worse by the day. We have recently seen significant job losses in Arnotts, Debenhams, Superquinn and Hughes and Hughes — all reputable companies — and many other major retail employers are in jeopardy due to unsustainable upward only rent reviews. In addition, employees are having their working week reduced in order to compensate for the costs of an overvalued rental bubble. The Government must wake up to the fact that high rents are costing jobs, reducing both businesses’ and workers’ incomes, and contributing to the stagnation of the economy. A commercial property market that has an upward only rent clause for existing business is unfair, unrealistic and ultimately uncompetitive.

Deputy Willie Penrose: I thank my colleague, Deputy Ciarán Lynch, for bringing this important and timely legislation before the House. It is vital in the context of saving and securing jobs and keeping businesses operating in a difficult environment. It is clear from our discussions with retailers on this issue that exorbitant rent contracts are forcing high street retailers throughout the State out of business. I invited representatives of Retail Excellence Ireland to address the Joint Committee on Enterprise, Trade and Employment in February 2009 and they made their views clear in this regard. Businesses throughout the State which are struggling to keep their doors open in the absence of credit from the banks are eventually finding themselves with no choice but to close their doors. The impact of this is that more and more jobs are being lost and employees are being forced to join the ever lengthening dole queues. The practice of upward only rent reviews, which is at all times anomalous, is clearly out of synch in current economic circumstances. There should be a pure commercial property market in so far as in the normal course of business, it is the supply and demand for premises that should dictate the ultimate price. In this case, the rent charged appears to have no application in the commercial market. It is incredible that a situation could have been allowed to develop where rents could only ever be increased. While this practice will be banned in respect of all future leases from 1 March 2010, for many well known retail outlets throughout the State the new legal provision will provide little or no solace. They are locked into substantial upper six- figure annual rent agreements with no escape hatch. As their turnover continues to plummet, we see the evidence of the fallout. Many well known outlets have ceased to exist and others are for sale. The casualty list of this crazy practice continues to grow. Surely these clauses are anti-competitive in nature as their sole purpose is to insulate landlords from commercial reality while the unfortunate tenant is pummelled into submission and eventual closure due to prohibi- tive rent demands. As legislators we cannot continue to sit on our hands and allow the shutters to fall across our streetscape in the full knowledge of the impact this inertia will have on employment in the retail sector. Notwithstanding the legal niceties and complexities that will undoubtedly be trot- ted out again this evening in response to this important proposal, we must vigorously pursue a 432 Land and Land Conveyancing Law Reform 9 March 2010. Bill 2010: Second Stage solution that is grounded upon the important constitutional principles which reflect the requirements of the common good. Where there are constitutional issues reflecting a hierarchy of rights, we must resort to what is best for the common good and in accordance with social justice, as permitted in the Constitution under Article 43. A do nothing stance in the current economic climate will see more of our well known companies up sticks. Moreover, in a situation where our business model clearly makes no sense, the spectre will arise of many of the prominent international names following suit. I am fortified in my argument that it is feasible to draft legislation that will be of help to hard pressed tenants and which will pass muster from a constitutional perspective by a perusal of an important article by Professor David Gwynn Morgan entitled “Do Changes in Landlord and Tenant Legislation Apply to Pre-existing Tenancies?” in the Conveyancing and Property Law Journal 2009. Professor Morgan points out succinctly that in the past 20 years or so, several laws that have modified the landlord and tenant relationship have come into operation and that many of these have applied to existing cases and leases. The case of Shirley v.O’Gorman is instructive in this regard. Professor Morgan states in his article:

Landlord and tenant law is an area which, because of its origin in the mists of feudalism, in bygone centuries, has frequently been considered to be in need of radical change by legislation. Moreover, in practice, as we shall see, the attitude usually taken by the Legislature (as with such other long-standing arrangements as companies or families) is to apply the new law even to those tenancies which existed before the change of law. A major policy point, which would support this view, is the simple one that individuals (or companies) have to take their chances with major, unexpected changes to the economic, business, social or personal environment. Why should they be protected from legal changes? Another practical reason for this is that tenancies tend to be long-lived in comparison with, say, torts or crimes or even the time taken to perform most contracts. Accordingly, if the Legislature were to decree that its changes should not apply to “existing tenancies”, they would take a long time to come into effect. In addition, the law would be limping on several legs, with different regimes for different generations of tenancies.

The Landlord and Tenant (Ground Rents) Act 1978, with which the Minister will be familiar, came into effect in August 1978 and applied to existing tenancies. Under this legislation a tenant with a large interest in a property was allowed to acquire the fee simple, although the landlord was entitled to some small compensation. On a strictly literal reading, this might be construed as an interference in the landlord’s right to cover the fee simple, but it passed muster constitutionally. Articles 43.2.1 and 43.2.2 of the Constitution are of significant import in this case and are of paramount importance in the construction of this legislation. Article 43.2.1 provides that the State recognises that the exercise of rights in regard to property “ought, in civil society, to be regulated by the principles of social justice.” Article 43.2.2 provides:

The State, accordingly, may as occasion requires, delimit by law the exercise of the said rights with a view to reconciling their exercise with the exigencies of the common good.

In the case of Shirley v.O’Gorman there is no doubt that the social justice aspect of the argument prevailed. A proper balance between the property rights and social justice arguments can, to paraphrase Professor Morgan, be best left to the democratically elected Legislature rather than the courts. In this case, the freehold reversal was acquired for the landlord. Mr. Justice Peart remarked in an obiter dictum: 433 Land and Land Conveyancing Law Reform 9 March 2010. Bill 2010: Second Stage

[Deputy Willie Penrose.]

Other factors apart from pure economic factors come into play, to which a Government may have regard in deciding on a social justice policy. There can be other factors or disadvantages affecting the enjoyment of the property, which arise from the status of the tenant. Ownership is not absolute and there still exist the remnants of obligation between landlord and tenant, aside from the payment of a rent, which have led to measures being taken from time to time by the Legislature, and which have effectively emasculated the effect certain covenants (that is against assignment, sub-letting, making alterations and in respect of user, etc.), such that a landlord will not be permitted to unreasonably withhold consent . . . A measure which enables a tenant to have these restrictions removed completely can be seen as pursuing a social justice objective, which is apart and distinct from any question of wealth distribution.

Professor Morgan concludes that in most cases changes to the law, often radical changes, apply to existing tenancies. He instances cases where radical pro-tenant changes were introduced in the 1931 Act and extended in the 1980 and later Acts. He opines quite presciently: “It would probably also be the case with any remedy in legislation, which might be enacted, to alter the upwards-only rent review clause.” The Bill addresses the special emergency or exigency which has arisen from the application of upward-only rent review and the horrendous economic impact these clauses have on small and medium-sized enterprises where a rent review, which generally occurs every five years, leads to companies closing down or winding up, with a consequent loss of jobs and business activity. Once the Legislature considers that a measure is reasonable and necessary for the common good, it will not constitute an unjust attack. I know all the cases which the Minister will trot out and I have a fair idea of the advice he has received, from Blake v. Attorney General in the early 1980s onwards. In each case the Supreme Court considers whether the aim or dominant objective of the legislation is for the common good and whether what is proposed amounts to an unjust attack on property. That is the balancing of the rights involved. Having regard to the exceptional economic circumstance and the significant hardship suffered by existing tenants who are now subject to upward-only review clauses in their leases, and to the exigencies of the common good and the principles of social justice, and where the existing regime is clearly unfair in so far as it locks tenants contractually into exorbitant rent regimes and processes which bear no relation to market realities, the Bill which was prepared so assiduously by Deputy Ciarán Lynch, whom I compliment, should be accepted. If necessary, the Minister can amend or modify it as he sees fit, in accordance with constitutional advice, the advice from the Attorney General or whoever. Delay is no longer an option. Foot dragging must be replaced with action. I exhort the Minister, on behalf of hundreds of individual retailers, some of whom are in the Gallery, who find themselves in that position to accept the Bill and help to secure businesses, sustain current jobs and open up the opportunity for new jobs to be created. This Bill would pass the test of proportionality, in so far as it does not constitute a disproportionate interference with a landowners’ property rights, relative to the objective being sought. It should be pointed out that a landlord will still be entitled to the open market rent, which will be determined at the rent review. In the context of the NAMA Act 2009, the rent generated from the property is highly material to the process and is a necessary element in arriving at a determination of acquisition values under Part 5 of the Act. The rent roll is important in that regard. One wonders if that is the real obstacle to the passage of the Bill.

434 Land and Land Conveyancing Law Reform 9 March 2010. Bill 2010: Second Stage

Deputy Arthur Morgan: I thank the Labour Party for sharing time with me, but I do not thank it for requiring me to follow Deputy Penrose as I cannot match his lungs or delivery. I hope the Minister, Deputy Dermot Ahern, who is present and is a solicitor by profession, will consider the compelling legal argument which has been presented by Deputy Penrose regarding this matter. It offers strong encouragement to the Government to at least consider carefully the Bill. As has been explained already, upward-only rent review clauses mean that when there is a periodical review of the rent being paid, the conclusion of the review is that the rent will not decrease. How, at a time when retailers, small businesses and enterprises are struggling to keep their doors open, trying to keep a few more people from the grasp of unemployment and trying to contribute to economic recovery, are upward-only review clauses still in existence? At a time when there was an over-reliance on property and consumption, these clauses became a universal feature which were accepted in Irish commercial leases. This is just further testament to what Sinn Féin have said all along, namely, that the over-reliance on the construction sector and the development of a property bubble posed a massive threat to the economy. This over-reliance was not sustainable and could not continue. Not only did these clauses mean that small businesses were priced out of the market, but, because the artificial wealth created by the property bubble veiled the reality that rents would come down because of the over- inflated nature of the sector, those with a long-term lease and such clauses are left paying more in rent than someone taking up a contract. How can companies compete? It will strangle existing businesses. Government representatives always tell us we need enterprise in Ireland and about the importance of increasing competitiveness, but the existence of these clauses in existing leases is damaging business and creating unemployment. Upward-only rent reviews bind tenants with a lease to pay more for property than it may be possibly worth, as they add extra pressure in terms of expenses to businesses which are already struggling. This is particularly exacerbated by the fact that 55% of small and medium-sized businesses are being refused credit by banks. We all know, from the debates in this House and the broader public domain, that when the NAMA legislation was going through the Houses, we were promised it would resolve the issues of credit flow to small and medium-sized enterprises, which are the backbone of our economy and employ some 80% of those employed in the State. Yet, there is no sign of the delivery of proper credit streams to small and medium-sized enterprises. Hughes & Hughes bookstore has been mentioned. Bestseller, the company behind the clothing brands Vero Moda and Jack Jones, recently announced it is closing its operations in Ireland. Both attributed their closure to the high property costs in Ireland. All a person has to do is walk down Grafton Street or any other street in the State to witness the effect exorbitant rents are having on businesses. While there was once a time when businesses clambered to get rental space in and around the areas to which I refer, retailers are trying to get out. It may be more accurate to say they are being forced out because of the large rents involved. Soon, we will see more businesses act like Molly Malone and wheel their wheel barrows through streets broad and narrow to sell their wares. This is not an exaggeration. It is not scare-mongering. It is inevitable unless something is done. This time last year the Minister for Justice, Equality and Law Reform, Deputy Ahern, first signalled that he would introduce legislation to tackle the rent review issue. Since then a welcome Act has been introduced in order to ban upward-only rent clauses, but that does not deal with the possibility of downward clauses. Since last year almost 15,000 businesses have ceased trading. While new commercial leases cannot now include an upward-only rent review clause, there are thousands more which are locked into these unsustainable leases. The working group 435 Land and Land Conveyancing Law Reform 9 March 2010. Bill 2010: Second Stage

[Deputy Arthur Morgan.] to examine commercial rents is not due to report until the end of June. Can the country afford to wait that long? I look forward to the Minister’s reply. Businesses cannot afford to wait for the report of the Minister’s working group. After receiving the report, how long will it take the Government to take action? The example of the mid-west task force demonstrates that often the Government is only prepared to pay lip-service to economic recovery. We will have to wait and see in this case. I hope the Minister will take the matter very seriously. Spiralling rents, coupled with the economic downturn, has had a serious impact on the retail sector. Opponents of the abolition of upward-only rent reviews argue that these rent reviews actually benefit tenants in the long-term. They argue that if landlords could not increase rent, they would be willing to grant only short-term leases in order to ensure they could re-let a property soon after at a higher rent. However, the process of negotiation needs to be given greater focus. Carluccio’s restaurant in Dublin negotiated a reduction in rent after it closed earlier this year and said it would not be reopening unless it could secure a rent reduction. Today, the business has reopened and is reported to be doing well. There is no possibility landlords will yield the same rents on commercial leases as they did five years ago. That is why it is in the best interests of the landlord and tenant to abolish these clauses. There are two types of tenants. One is the institutional investor and the other is a smaller investor. Both are naturally anxious to gain the maximum possible from their investment. However,they have to recognise, and they have not been prepared to do so thus far, that retailers are being squeezed out, forced to lay off their staff, close their doors and walk away. The Government has regularly talked to us about the need for competitiveness in this economy. Of course, when the Government does so, it is referring mainly to low and middle income workers, and mainly those in the public service. It is time we brought competitiveness, some level of fairness and a level playing pitch back to the rental sector. The Government has an opportunity to do so through the Bill. I understand the comments by Deputy Ciarán Lynch earlier in regard to the Government, first, voting down a motion he put forward and, then, bringing back pretty much the same motion at a later date in its own name. Since I have come into the House, that has been the practice, although I do not understand it. Where is the embarrassment in the Government in accepting legislation that is well crafted, or reasonably well crafted if it wants to so describe it? As was said by the two previous speakers, the Government could itself amend the legislation to put it into the shape it would accept in order to save jobs and create a level playing pitch. Let us consider for a moment who are the employees in these businesses. Sometimes, they are full-time employees who are very grateful for what is often long-term and secure employment. In other cases, they are people who can only afford to do short-term or part-time work because they are, perhaps, single parents, parents with a young family who simply cannot afford child care or people looking after elderly parents. For those reasons, they are delighted with the work offered by this sector. I hope the Government will recognise that if it does not take this business seriously and move soon, more people will be added to the 432,400 already on the live register. The Minister for Justice, Equality and Law Reform has a capacity to act quickly when the need arises. The need certainly arises here, and I hope he will act accordingly.

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I wish to share time with the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Billy Kelleher.

An Leas-Cheann Comhairle: Is that agreed? Agreed. 436 Land and Land Conveyancing Law Reform 9 March 2010. Bill 2010: Second Stage

Deputy Dermot Ahern: On a procedural point, I only received a copy of the Bill at noon yesterday. In the context of fairly significant legal issues, it would be important that, in future, Bills be made available as expeditiously as possible. I did not know about this being——

Deputy Ciarán Lynch: On a point of order, it was moved in the House last Thursday.

Deputy Dermot Ahern: The Bill was not available to my Department until yesterday at noon. The first I knew this was being taken was when I read in The Sunday Business——

An Leas-Cheann Comhairle: I will raise this procedural matter. If the Bill is formally moved, it is laid before the House or it cannot proceed. We will have that matter checked for the Minister.

Deputy Eamon Gilmore: The Minister did not try very hard to find it. It was moved last Thursday. This is nonsense.

Deputy Dermot Ahern: As we debate this evening, businesses are hurting, people are being laid off and 432,000 of our friends, neighbours and families have no jobs. That is 432,000 reasons why we, as legislators, need to be here, breaking our backs to find real workable and practical solutions which lead to real jobs and real prosperity. To do that, we have a duty to be honest and to acknowledge what we can do and what we cannot. False hope and PR alone do not create jobs and do not put bread on the table. We cannot support and accept a Bill that is legally and constitutionally unsound, which this Bill is. The reasons for this are many and involve both legal and practical considerations. Our strong view is that it not constitutionally permissible for the State to interfere through legislation with pre-existing leases freely negotiated on a commercial basis by private parties. Any attempt to do so would clearly constitute an unjustifiable attack on property rights contrary to Article 40.3 of the Constitution and also would not be justified under Article 40.3.2° as being wholly disproportionate. Initially, I propose to focus on the legal reasons which underpin our opposition and, lest Deputy Lynch be in any doubt on this point, I can state categorically, on the basis of unequivocal advice received from the Attorney General, that his Bill is not consistent with the Constitution.

Deputy Ciarán Lynch: He should publish the advice.

Deputy Dermot Ahern: When I address the legal considerations, I will then deal with the practical side of the equation. At the core of the Bill is an attempt to impose a substantial restriction on private property rights, since one of its key objectives is to effect a change in the amount of rent which has been agreed as a result of a contractual arrangement which has been freely entered into by the relevant parties. In this context, rent from commercial premises is undeniably property for the purposes of the relevant provisions of the Constitution. Lest the Deputy is in doubt about the matter, I again refer to Articles 40 and 43 of the Constitution.

Deputy Ciarán Lynch: There is a section dealing with that.

Deputy Dermot Ahern: The statutory alteration in a contractual term which the Bill would bring about is capable of having significant discriminatory effects. If constitutional principles are to be satisfied, the intervention proposed must be necessary and proportionate. Any legislation which fails to satisfy this test runs the risk of amounting to an unjust interference in property rights. In this regard, and bearing in mind the terms both of the Constitution and the European Convention on Human Rights, the Bill does not appear to be on a sound footing. 437 Land and Land Conveyancing Law Reform 9 March 2010. Bill 2010: Second Stage

[Deputy Dermot Ahern.]

I remind the Deputy that existing commercial leases have been entered into by a wide range of landlords, not all of whom would be in similar circumstances. The properties to which these leases relate will also vary considerably in terms of character and profitability. Whatever impulse may be driving the Deputy in producing this Bill, even he must acknowledge that there is no attempt made in it to deal in a balanced way with the interests of landlords and tenants.

Deputy Ciarán Lynch: I reject that.

Deputy Dermot Ahern: The complexity of the financial arrangements which sometimes underpin commercial lease arrangements is completely ignored, as are the obligations which are taken on foot of them. Furthermore, in purporting to treat all tenants equally by giving them the benefit of the Bill’s provisions, there is a risk that some will be given a benefit which they do not need and that some landlords may suffer disproportionate disadvantage. I understand that this Bill has not been developed with the interests of landlords in mind. However, I cannot ignore the fact that, while originally entered into by both parties, the upward-only rent review clause was intended to protect a landlord’s income stream from the vagaries of the market. If that benefit is now to be removed by the State and not the market, we would be depriving individuals and companies of an important contractual right, and would be doing so without compensation and also in an arbitrary and discriminatory way. The provision in the Bill enabling the order to limit its application to a class or type of business, or to a particular geographical area, or how that is to be defined, does not solve this problem. Not only are there no guidelines as to the basis upon which any order could be lawfully made, which in itself creates constitutional issues, but in making provision for such order, the Bill implicitly recognises it is not legally possible to apply section 132 of the Land and Conveyancing Law Reform Act 2009, which was passed last July, to all pre-existing leases indiscriminately. In other words, if the promoters of the Bill are so certain about its legality, why does the Bill not just state bluntly in the Bill that the ban on upward-only rent review applies to existing leases? This is not stated and the Bill does not address the fundamental issue of how the State can constitutionally legislate to extend section 132 to pre-existing leases. The Deputy is undoubtedly aware of the principles which informed the striking down by our courts of the old rent restriction legislation. Those principles inevitably come into play in regard to the proposed interference with commercial rights freely negotiated between individual parties. Reference has been made to the ground rents legislation in the context of the Shirley High Court decision — which it is acknowledged will be heard by the Supreme Court very shortly — as if that amounts to a precedent for intervening in this particular area. Again, the advice from the Attorney General is that the Shirley decision deals with a completely different matter, namely, the entitlement to purchase the fee simple, subject to payment of compensation. That provision is part of a long-standing legislative scheme designed to remedy the obvious inequity of the old common law position whereby on the expiration of a lease the property built by the tenant would revert to the landlord. This is patently unfair. The Attorney General has advised that the justifications for such a provision do not apply to a proposal to extend section 132 to existing leases. The retrospection element contained in the Bill and the potential effects this would have upon completed legal transactions immediately raise issues of compatibility with the Consti- tution. While the Deputy may have advice to the contrary, my legal advice and that of the Government, is that legislative restrictions which affect property rights retrospectively are prima facie unjust. 438 Land and Land Conveyancing Law Reform 9 March 2010. Bill 2010: Second Stage

Deputy Ciarán Lynch: The Minister should publish the advice.

Deputy Dermot Ahern: At first sight, it is also possible that the envisaged restriction on property rights would be disproportionate to the social good apparently sought to be achieved. In essence, what the Bill seeks to bring about is a downward adjustment in rents across the board. It is difficult to conceive how this would be possible to implement in a constitutional manner. It can be guaranteed that if this Bill were to be enacted, the State would undoubtedly face a number of legal challenges from those whose position was adversely affected by its provisions. We would be mired in litigation with no confidence of a successful outcome for many years to come. Even if we could intervene retrospectively it would send an unmistakable signal to business — I accept there are business people in the Public Gallery and obviously they are required to be here by the Labour Party — that this State would intervene, willy-nilly, with private contractual rights in a significant and arbitrary manner whenever it decided. I suggest that the business community would want to be very careful about what is being proposed in this respect because if that is the case it would set a precedent for State intervention at any time when it so decided ——

Deputy Ciarán Lynch: The Minister is talking rubbish.

Deputy Dermot Ahern: ——to intervene in private contractual arrangements.

Deputy Ciarán Lynch: The Minister should publish the legal opinion.

Deputy Dermot Ahern: The proposals before us are not new, rather they are a repackaged version of a Bill introduced by the Labour Party last year which was acknowledged by Govern- ment and by Fine Gael as being legally flawed. When discussing my proposal to ban upward-only rent reviews and the Labour Party proposals, the Fine Gael spokesperson for justice, equality and law reform, acknowledged that he was “not sure whether the Minister can go any further than he already has,”. He went on to agree with my assumption that, “retrospection is not an option”. Another Fine Gael speaker went on to stress that “as Deputy Charles Flanagan said, however, it would appear that if an attempt was made to interfere with existing leases we would probably end up with somebody challenging this legislation. It will end up in the Supreme Court and God only knows when a decision will be taken. In the meantime new leases will be entered into and no change will have been made”. This repackaged version of the old Bill, before us this evening, maintains the constitutional flaws of its predecessor. Before turning to more practical considerations, I also wish to address two lines of argument which have also gained currency in recent days. It has been suggested that intervention in this area is possible on the basis of the justifications recited in the Financial Emergency Measures in the Public Interest Act 2009. However, the 2009 Act does not give the Legislature the freedom to interfere in an arbitrary way with property rights in general. The legal issues arising under the 2009 Act are entirely different and the same financial imperatives do not apply. An alleged link between NAMA valuations and demands on the part of some landlords for high levels of rent increase has also been suggested. Any attempt by landlords to increase the value of their property by seeking to impose unsustainable rent increases will have no impact on the valuation placed on such property by NAMA. Leaving aside legal considerations, the Bill is also unworkable in practical terms. I suggest that Deputies read the Bill. It raises a number of questions to which no answers are given. The trigger for its application is the formation of an opinion by Government that tenants of com- 439 Land and Land Conveyancing Law Reform 9 March 2010. Bill 2010: Second Stage

[Deputy Dermot Ahern.] mercial premises cannot fairly be expected to pay rents at the rates previously prevailing, or at any increased rate. This is a very subjective test. No guidance is given as to how Government is to form its opinion and no mechanism is provided in the Bill as to the objective factors which should bolster any assessment by Government in this area.

Deputy Ciarán Lynch: The Minister should publish the legal opinion.

Deputy Dermot Ahern: If this Bill is to pass muster and go before the courts, it would have to give that type of guidance. Such objectivity is a crucial element if the impact of Government intervention is to be proportionate and non-discriminatory. If, as law and equity would seem to require, there is a proper assessment as to the need for Government intervention, the timeframe required for such an assessment would be such as to defeat the emergency imperative which allegedly is the underlying rationale for the Bill. As I understand, the effect of the Government order which is mandated by the Bill would be to allow the current provisions of section 132 of the Land and Conveyancing Law Reform Act 2009, to apply to all leases, and all agreements for leases, regardless of when they have been entered into. The Bill does not make it clear as to whether this provision is intended to apply to existing leases where reviews have already taken place, which could be this year, last year or some years previously. If it is intended to so apply, this is a recipe for market chaos as rents previously agreed would have to be recalculated to accord with the Bill’s provisions. If it only applies to existing leases in the context of future reviews, the difficulties which have inspired the Bill, such as high rents resulting from determinations on the basis of upward-only rent reviews, are not being addressed and the Bill may be regarded as disingenuous. I believe it is. The current section 132 is framed in very neutral terms and does not preclude an upward review where this would be justified. If one examines closely the new subsection (2)(b)ofthe Deputy’s Bill, it seems clear that it only contemplates a downward adjustment. As Deputies will be aware, market rent is traditionally the rent which, on the basis of vacant possession, a willing tenant would pay and a willing landlord would accept. Even in our current difficult circumstances, it is not inconceivable that market rent in some cases might be more than the sitting tenant is willing or able to pay. The Bill, in failing to address this issue, does not do justice to the complexity of the commercial property market. Neither does the Bill deal at all with the situation where the parties fail to agree on the appropriate level of rent. One of the undoubted difficulties in this area is that the parties are seldom ad idem as to the rent which is to be paid. Presumably the standard provision in a rent review clause, whereby, in the event of a dispute, the matter goes to arbitration or review, is not being interfered with. However, there is a reference in the Bill to the fact that the Government order may provide for any measures necessary to secure compliance with it. I ask the Deputy if he is contemplating the establishment of some additional mechanism to verify whether the reviewed rent equates with the Bill’s provisions. In that event, is Government to substitute its version of the reviewed rent for that which has emerged on foot of the review? This is plainly nonsensical. Finally, I would observe that the basis for discriminating as between particular types of commercial premises and particular geographical areas is not clear. The concept of geographical area, in this context, is especially vague. Is this a reference to counties, townlands or specific streets? The Bill is deeply flawed both in its legal and practical aspects and I do not propose to comment any further on its demerits. This is not a Bill which the Government could endorse with any credibility. I reject any suggestion the Government should accept the Bill, amend it 440 Land and Land Conveyancing Law Reform 9 March 2010. Bill 2010: Second Stage or introduce a similar Bill. The unequivocal legal advice from the Attorney General and confirmed by independent legal advice is that the Legislature cannot retrospectively pass law today to rewrite contracts freely entered into by two individuals.

Deputy Ciarán Lynch: The Minister should publish his legal opinion.

Deputy Dermot Ahern: The Bill is deeply flawed. I will state what the Government has already done to address some of the difficult circumstances confronting those in the retail sector. We must not lose sight of the fact that the rent issue, while undeniably important, is not the only issue with which that sector has to deal and the Government has been very proactive, across the broad range of economic activity, in seeking to support the retail sector. A revived economy is the best support that Government can offer and Ministers across a range of Departments, are working tirelessly to create a business-focused environment which is essential to the overall well-being of our commercial sector. We must not lose sight of the fact that the rent issue, while undeniably important, is not the only issue with which that sector has to deal and the Government has been very proactive across the broad range of economic activity in seeking to support the retail sector. Ultimately, a revived economy is the best support that the Government can offer and Ministers, across a range of Departments, are working tirelessly to create a business focused environment which is essential to the overall well-being of our commercial sector. For business leases entered into from 28 February, the inclusion of upward only rent review clauses is effectively prohibited. The relevant provision is contained in section 132 of the Land and Conveyancing Law Reform Act 2009. The effect of that provision is that such rent review clauses are to be construed as providing that the rent payable following review may be fixed at an amount which is less than, greater than or the same as the amount of rent payable immediately prior to the date on which the rent falls to be reviewed. This provision applies even if the lease contains what purports to be an upward only rent review clause. In introducing section 132, I was conscious of the fact that the concept of an upward only rent review clause did not cohere well with current economic reality. I was concerned to ensure, within the legal and constitutional constraints which inevitably inform the policy choices which Government must make, that some measure of relief was granted in respect of business tenancies. I was clear when steering that legislation through the Houses about the limitations we have in that respect but wanted some measure of relief to be granted in respect of business tenancies. I wanted to send as strong a signal as possible to the market to encourage landlords and tenants to re-negotiate rents to take into account the current economic difficulties. Many landlords are renegotiating on the principle that half a loaf is better than none. The Deputy does not have a monopoly on compassion in this area but compassion cannot change the legal reality within which we operate. I am as aware as anyone else of the hardships being borne at this time by the retail sector. However, every redundancy and every business failure cannot be laid at the door of upward only rent review clauses. Other factors are also at play and the Deputy does not do the sector any service by suggesting that the resolution of this one problem will deal with all of the difficulties which confront it. In the future, the section 132 provision may bring about shorter leases of seven to ten years, possibly accompanied by a fixed rent for the duration. In the retail sector the way will be open for turnover based rents, arguably a fairer way of determining matters in this sector. In general, the flexibility introduced by the provision should facilitate tenants in trading their way out of present difficulties. 441 Land and Land Conveyancing Law Reform 9 March 2010. Bill 2010: Second Stage

[Deputy Dermot Ahern.]

I have already established a working group to look at the process whereby rents are reviewed in the commercial sector. Its terms of reference are to consider the operation of the current system for determining the rent payable on foot of a rent review clause, with particular emphasis on the arbitration process and the adequacy of the information available to all parties and if necessary to make such recommendations for change as may seem appropriate. I have also asked the group to report by the end of June. Michael Durack SC has agreed to chair the group and it is proposed that a number of representative groups, such as Retail Excellence Ireland, IBEC, the Small Firms Association, ISME, the Irish Association of Investment Man- agers, the Irish Auctioneers and Valuers Institute, the Irish Association of Pension Funds, the Society of Chartered Surveyors, the Department of Justice, Equality and Law Reform, the Department of Enterprise, Trade and Employment and the Office of the Attorney General will have a representative on the group. The Government is more than willing to adopt any proposal the working group will make and to listen to any of the relevant suggestions from the Opposition of the groups representing the retail sector. We cannot, however, accept half-baked proposals. They must be legally sound. With due respect to the Deputy and the proposal before the House tonight, and I do not want to be confrontational——

Deputy Ciarán Lynch: The Minister should publish the information from the Attorney General.

Deputy Dermot Ahern: ——but we have looked at this issue high up and low down in the Department——

Deputy Ciarán Lynch: And bailed out the bankers, the developers and the landlords.

Deputy Dermot Ahern: ——and with the best advice available from the Attorney General. I can assure the House that it is impossible for the Legislature through legislation to rewrite contracts entered into freely by two individual parties previously. We are more than willing, however, in a short space of time, if there are relevant and legally sound proposals to come forward from the working group or, indeed, any other quarter, to try to address some of the ills of our economic situation, particularly in the retail sector, which we all understand. We are practising politicians and realise there are difficulties out there but I am not in the business of hoodwinking people.

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): I would like to speak on the broader issues of the Government’s strategy to support businesses, improve competitiveness and sustain employment. Ensuring that our enterprises receive the support to assist them through the current difficult period is key to safeguarding employment. The Department has been very active in the past year to respond to the difficulties being faced by businesses and there has been a range of supports provided by the enterprise agencies — IDA Ireland, Enterprise Ireland and the county and city enterprise boards — across a wide range of issues. All of the agencies have re-focussed their strategies to take account of the current economic situation. To address the immediate threats to Irish businesses from the current crisis, new schemes have been introduced, such as the employment subsidy scheme to help retain jobs in our vulnerable exporting companies, and the enterprise stabilisation fund to help protect jobs in our exporting companies hit by current difficulties. 442 Land and Land Conveyancing Law Reform 9 March 2010. Bill 2010: Second Stage

My colleagues and I are also keen to support small and medium size enterprises and I am particularly aware that there is difficulty for some businesses in accessing credit. This issue of concern to many people and has been raised on numerous occasions in this House. The Minister for Finance announced a new credit review system in the budget. The credit review system will examine the credit policies and practices of the banks, particularly for SMEs. This new system will inform Government what further action might be necessary to secure the flow of credit to Irish enterprises and, through publication of the analysis from the review process, help ensure that the performance of the banks participating in NAMA is transparent to all. There is a credit supply clearing group in the Department of Enterprise, Trade and Employ- ment and the establishment of the credit review group by the Minister for Finance shows we are conscious of the need for a flow of credit to small and medium size businesses. There is inherent difficulty in the banking sector itself that has been discussed continually in the House. Primarily, however, the focus must be to ensure we repair the impaired balance sheets of the banks and get lending flowing into small and medium size businesses. The credit review system is critically important in that and will make sure we have a system whereby there can be an independent analysis of the refusal of credit to small and medium size businesses and an appeals process put in place so there is outside adjudication on whether banks are fulfilling their obligations in the context of the previous capitalisation of the banks and any further assistance they might require. If we think back only a short period, while we are talking about populist issues in the House this evening, we can remember that some parties did not even support the bank guarantee to ensure we underpinned the banking system, which was of critical importance in ensuring the integrity of the financial system and, equally importantly, that we have a banking system that will function when the impaired balance sheets are addressed and recapitalisation is brought to bear and that we have a flow of credit. That debate has been exhausted but it is important to remember it when Deputies opposite, who are concerned about businesses this evening, were not concerned at the time because it was more populist to be against the banks when that was politically expedient. Enterprise Ireland delivers a wide range of supports to Irish companies targeted at the specific requirements of clients throughout all regions to ensure that they develop to their full potential in terms of innovation and exports which in turn stimulate job creation. Enterprise Ireland, in recognising the significant changes in the current economy both in Ireland and globally, has prepared a recovery strategy to identify the actions that will be undertaken to help clients. The agency has refocused its efforts on strengthening and sustaining companies of strategic importance through a range of initiatives focused on the needs of its client base. The county and city enterprise boards continue to provide support for small businesses in the start-up and expansion phases. Job creation is an inherent consideration in the activities of the boards. In 2010, the county and city enterprise boards will continue to assist micro- enterprises throughout the country by both direct grant aid to businesses and project promoters and also through the provision of a range of other important business supports such as men- toring, business training and business advice designed to help to stimulate indigenous enterprise creation and to boost employment creation. The Tánaiste reconvened the small business forum in December 2009 and we hope to arrange another meeting in the coming weeks to discuss the needs of the small business sector. We all understand the importance of getting credit flowing and supports such as employment subsidies but other key issues can also be addressed. I visited Enterprise Ireland’s headquarters in East Point today to attend the launch of the 73 companies involved with its new high potential start-ups initiative. These companies demonstrate the innovative and entrepreneurial instinct that remains alive and well in this country. It 443 Land and Land Conveyancing Law Reform 9 March 2010. Bill 2010: Second Stage

[Deputy Billy Kelleher.] is important that we highlight the success stories as well as the difficulties faced by our business community if we want to send a better message both domestically and internationally. Ireland’s exports have shown resilience in 2008 and 2009. For our size, Ireland has a dispro- portionately large share of world trade markets particularly in regard to services. A return to growth in our main trading partners accompanied by a sustained improvement in our own competitiveness should present opportunities for further export growth in existing markets. We are also focused on exploiting the potential of emerging and high growth markets. We are consistently striving to diversify our export profile, exploit our talents and opportunities and guard against overdependence on specific markets. We are developing a new trade strategy but the resulting document will not simply be left on the Department’s shelves. It will be a breath- ing document which will evolve with changing markets and global commerce. We will focus primarily on our traditional markets in the UK, the United States and Europe, as well as Brazil, Russia, India and China, which have huge growth potential. However we face challenges from a weak sterling and struggling US economy. In the coming months, we will dedicate all our efforts towards promoting innovation and entrepreneurship. We will support the export community, by which we will live or die, so that we will have positive outcomes not only for our exports but also our inward investment. I would have liked more time to discuss the Bill in detail because I am aware of the difficulties that arise in the wider economy. Rent is one issue but competitiveness in terms of energy and labour costs must also be addressed. We need an honest debate on these issues instead of the populist rhetoric we sometimes hear in this House.

Deputy Charles Flanagan: With the approval of the House, I wish to share my time with Deputies Joe Carey, Coveney and Ring.

Acting Chairman (Deputy Jack Wall): Is that agreed? Agreed.

Deputy Charles Flanagan: On behalf of the Fine Gael Party, I welcome the Land and Con- veyancing Law Reform (Review of Rent in Certain Cases) (Amendment) Bill 2010 and commend my colleague, Deputy Ciaran Lynch, on introducing it. It is not a perfect Bill and I am sure the Deputy will acknowledge that he does not have a monopoly of wisdom on it. Oppo- sition Members do not have available to them the same level of expertise as those on the Government benches. If this Bill is not perfect, let us discuss it in committee so that we can deal with the contentious issues on an all-party basis to ensure we address the problem. I am keenly aware of the enormous pressures that commercial tenants face. Retail Excellence Ireland and the Grafton Street Tenants Association have done an excellent job in highlighting the dire straits in which many tenants now find themselves. Sadly, in recent times, a number of landmark businesses in Dublin city centre have closed their doors with a loss of jobs and, in some cases, cultural capital where shops that have been part of the fabric of Grafton Street for decades have simply disappeared overnight. The problem of unsustainable rents is felt in cities and towns around the country, including in my own local towns of Portlaoise and Tullamore. No business is immune from the current economic meltdown and those trapped in commercial leases paying exorbitant rents are in a particularly difficult situation as they struggle for their very survival. Last year Fine Gael supported section 132 of the Land and Conveyancing (Law Reform) Act 2009 because it reflected our policy to abolish upward-only rents. At the time, the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, suggested that the section could not apply to existing leases but that view has been disputed by Professor David Gwynn Morgan, 444 Land and Land Conveyancing Law Reform 9 March 2010. Bill 2010: Second Stage who has argued that in recent decades several laws have been introduced that modified existing landlord and tenant leases. The matter may not be as black and white as the Minister has suggested, therefore. Precedents include the Shirly case, the Landlord and Tenants (Ground Rents) Act 1978, the Landlord and Tenant Act 1931 and the Landlord and Tenant (Amendment) Act 1980, all of which affected existing leases and tenant-landlord relations. I regret the negative tone taken by the Minister, who spoke for 20 minutes but offered nothing. Notwithstanding constitutional arguments, dialogue is needed at this time. Many landlords have engaged with their commercial tenants because the recognised the writing on the wall and reduced rents to reflect changed times. However, I understand that tenants have had particular difficulties with large commercial landlords and Government intervention is needed in this context. The Minister is in a unique position in that he can call people into Government Build- ings to facilitate the resolution of disputes. The ability to bring people together is one of the most powerful aspects of being a Minister. Unfortunately, this Government has been slow to make use of its potential to mediate as we have seen with the Tánaiste and Ryanair. It would be a lost opportunity if the Minister did not dedicate his energies to resolving the upward-only rents crisis, a word which I do not use lightly. I acknowledge that he has established a working group to examine the adequacy of information available to all parties in the context of commercial rent reviews. While I welcome what at least represents some action, I am somewhat surprised by the group’s narrow remit. When the Minister outlined the group’s membership, I did not hear him mention a representative from the Grafton Street Tenants Association or Retail Excellence Ireland. The reality is that commercial leaseholders are the victims of a rare approach to commercial leases that Ireland adopted from the UK. It is time we recognised our place in Europe by adopting international best practice in landlord and tenant law. Within the EU, commercial rents are linked to inflation and leases tend to be for shorter terms and contain 9o’clock break clauses. These regimes are fairer and more reflective of the realities of commercial life. Such a progressive approach is long overdue in Ireland and I am calling on the Minister to consider introducing a new Bill which would consolidate existing landlord and tenant legislation as well as modernising this area of law. The Land and Convey- ancing (Law Reform) Act 2009 was only a first step in overhauling the conveyancing and landlord-tenant regime. That Act arose from a seminal report by the Law Reform Commission in 2005 and I believe the commission should be asked by the Attorney General to prioritise a report on consolidating and modernising landlord and tenant law. Our key focus must be the preservation of jobs. Fine Gael has expressed concern about the lack of competitiveness in the Irish economy and the negative role that high commercial rents are playing in that environment. Ministerial intervention is needed immediately to preserve jobs. The Labour Party’s Bill is welcome but it represents a short-term solution. What Fine Gael would like to see is the introduction of new measures that would allow businesses to apply to court for rent reviews in exceptional circumstances. This would afford greater protection to businesses. What is certain is that festering sore of upward-only rents can be resolved with political and legislative will. I call on the Minister, Deputy Ahern, to roll up his sleeves and get involved. A solution could be achieved that could benefit all parties and I trust this is what he will decide to do now, as well as taking on board the policy proposals of Fine Gael in this area.

Deputy Joe Carey: I commend the Labour Party and Deputy Ciarán Lynch for bringing this Bill before the House this evening and I compliment Retail Excellence Ireland on bringing this matter to the attention of the public. The chief executive of Ennis Chamber of Commerce, Ms Rita McInerney, informed me today that 70 commercial properties are available at present to 445 Land and Land Conveyancing Law Reform 9 March 2010. Bill 2010: Second Stage

[Deputy Joe Carey.] buy or rent in Ennis. Some 700 businesses are on the rates books of Ennis Town Council. It is a frightening reality that 10% of the rateable commercial properties in Ennis are vacant, unoc- cupied or have had to close down because of the recession. Unfortunately, this scenario is replicated throughout the country. It is blatantly clear that commercial retail rents in Ireland cannot be sustained in the current trading environment. Many of these rent agreements were struck during the height of the economic boom experienced in this country and bear no resem- blance to the economic reality faced by our country. The regime of upward-only rents has resulted in many of our retailers, who were hanging on by their fingertips, going to the wall and bringing valuable jobs with them. I have spoken to many Clare business people who are struggling due to the unsustainable leases into which they are tied. They are crying out for some respite or a helping hand. There were 38 retail insolvency cases in Ireland in the first two months of 2010. The retail sector in this country is in crisis and that must stop. It is a profoundly depressing experience to walk down any street in any city or town in this country and witness as commonplace white- out windows and the ever growing proliferation of “To Rent” signs. In the past fortnight, the significance of what is happening to smaller shops with the loss of four, five or six jobs on a daily basis was underlined by the closing down of two signature retail outlets, namely, the bookseller Hughes & Hughes and Bestseller, the renowned clothing chain which has gone into examinership. Both these retailers blamed excessive rents for their difficulties. Rents charges on properties are now exceeding labour costs. It is commonplace to find retailer’s rents representing up to 20% of their revenue. This position is causing great financial stress to businesses and it is simply unsustainable. It is somewhat ironic that, little by little, we are seeing some of those involved in our now discredited banking sector beginning to appear as landlords of buildings and shopping centres. Just as we must know what took place in our banking institutions, we must also know what is going on in the rental market. There must be full transparency in the process, which is not the case at present. The whole industry requires proper regulation and full disclosure. In short, there must be a level playing field for all parties engaged in the process. It is obvious to all that the retail sector has taken it fair share of cuts. They have cut the prices charged to consumers and cut labour costs by letting people go or reducing hours. However, in the case of the most significant cost, that is, rent, nothing can be changed. There is price flexibility in all walks of business life. We see it in sales, special offers for products, discounts for bulk purchasing and promotions. Without this flexibility the business world would simply not exist. The only area in business where there is no flexibility is in respect of rents. This evening, the Government has an opportunity to introduce a retrospective ban on upward-only rents. This ban will go some way towards stopping the loss of vital retail jobs. It will give much needed support to small and medium-sized businesses which provide these jobs. I urge the backbenchers in Fianna Fáil to stand up and represent the people who put them in here and to stand up for the small and medium-sized businesses that provide the jobs that people are crying out for. I am sick and tired of watching the shedding of crocodile tears by Deputies, moaning about job losses. Tonight, they have an opportunity to stand by their people and the retail sector of this country by supporting this Bill. I appeal especially to the backbenchers in this regard.

Deputy Michael Ring: I wish to make a small contribution to this motion. I compliment the Labour Party on bringing this Bill before the House. I have never seen as many people in the Gallery before. The reason they are there is that businesses are under pressure. I was disappointed with the contribution of the Minister for Justice, Equality and Law Reform tonight, 446 Land and Land Conveyancing Law Reform 9 March 2010. Bill 2010: Second Stage but perhaps I should not have been. The Government has only one interest, that is, the banks. It is not interested in businesses or people who are trying to create employment in this country. We are here to legislate. We should be able to introduce the necessary legislation to deal with this rent problem. Many firms have gone out of business and we have lost thousands of jobs because of the rent situation in the country. The Government should govern , but the problem is that it is occupied by the banks and it only cares about ensuring that the banking institutions are saved. We should find ways to support and help small businesses. This is the area from which we will have to build up the economy. The big multinationals will no longer come into this country and we will come to depend more and more on firms consisting of two, three and four employees. What is happening at present? We are losing such firms on a daily basis. We do not see it on RTE and TV3 but such people make up the backbone of the economy. The Government has shown the same attitude towards the Criminal Law (Home Defence) Bill. It referred the matter to the Law Reform Commission and various reports. We have more reports and more libraries filled with reports in this country than ever before. However, we need action to help small businesses under pressure and attack, which are trying to keep going but which are unable to survive. They cannot get money from the banks and they cannot get support from the Government. Local authorities believe they can continue to charge as before. The small businesses paid for benchmarking but charges continued to be placed on them and this continues to happen now with landlords. They kept prices up and people cannot pay. Jobs are being lost. Governments are here to govern. The Minister referred to the need to impress upon people the need for confidence. The Government has lost its way. What is needed now is a general election. We need a new Government with new thinking and ideas because this Government has gone stale. Please God, in a short time to come, the Acting Chairman, Deputy Jack Wall, might become Cathaoirleach. He might be in the job with the gown around him because these guys have lost their way.

Deputy Simon Coveney: It is nice to have some comic relief in a serious debate. I support the Labour Party in what it is attempting to do this evening. In essence, the Bill proposes to allow the Government to make an order to allow for, in effect, an annulment of the upward- only rent review clause in existing rental contracts in extreme circumstances and in specific market sectors where the Government deems it appropriate to do so. Let us be clear: this is an emergency measure. It is not normal legislative work. We are trying to keep the people watching this debate and thousands of others throughout the country in business. The effect of upward-only rent reviews in the middle of a recession is that retailers are being driven out of business by the law. We are legislators and it is our job to change the law and to take emergency measures when appropriate. As a result of a law passed by this House, retailers are faced with upward-only rent reviews that landlords will use, at times cynically, to drive up rents for various ulterior motives, often linked with loan book value, property valuations or, in some cases, anecdotal evidence would suggest, to try to get rid of so-called troublesome tenants when they know such people cannot pay. We have an obligation to solve this problem as policymakers and legislators. No one else will solve it. There are dozens of small businesses in the retail sector at present unable to pay existing rents and facing a demand for significant rent increases. The Minister of State, Deputy Kelleher, knows that is also the case in our city of Cork, as does Deputy Ciarán Lynch who has spoken to many of the tenants to whom I have spoken.

447 Land and Land Conveyancing Law Reform 9 March 2010. Bill 2010: Second Stage

[Deputy Simon Coveney.]

The property valuation bubble has long since burst and we have seen reductions in values of between 20% and 60%, depending on the land valuation or the property valuation but, unfortunately, the rent bubble that grew during the Celtic tiger period is still inflating for many people despite the fact that their revenue and their margins have collapsed. That is not sustainable. Their businesses are not sustainable because of laws that we have passed in the past. We have an obligation to address that problem. It is extraordinary that even though the Minister of State outlined a number of initiatives and proposals that the Government is trying to take to help businesses, he did not even mention rent, which is what we are discussing this evening and tomorrow night. Let us focus on the issue at hand, which can be summed up by a retailer to whom I spoke today who has two identical premise. For one, in Foyleside in Derry, he is paying €66,000 a year in rent and for the identical 500 sq. ft. property in Liffey Valley in Dublin, he is paying €190,000 a year in rent. He is being asked in the rent review to increase the latter to €220,000 a year. How can businesses in Ireland survive against their competitors north of the Border in that type of mad situation? The problem must be solved. I do not mind whether it is solved by this Bill or by a new initiative coming from the Government using a bit of imagination, but we need to find answers. It was somewhat depressing to listen to the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, spend almost his entire speech explaining why he can not do this rather than trying to give people hope that he is serious about finding a solution to this issue. We need to stop looking at this in an entirely legalistic way. We must get around the law, but there are policy ways in which we can potentially do that. For example, look at how the UK and the US dealt with bank bonuses. They could not deal with the issue legally because people were contractually entitled to receive bonuses for performance so they decided to deal with it through taxation.

Acting Chairman (Deputy Jack Wall): The Deputy has one minute remaining.

Deputy Simon Coveney: The US Congress proposed a 90% tax on such bonuses to, effectively, eliminate them. There are different ways of looking at issues. I am not saying that is the appropriate way, but we must find a way. We cannot allow businesses wither on the vine because of inappropriate rental valuations that apply to a boom time when we are in the depths of this recession. The final issue I would raise is the distinction between institutional landlords and individual landlords. There are many responsible individual landlords in Ireland who are doing deals with their tenants to try to keep them in business, and I would encourage more of that. However, there are institutional landlords and, in particular, banks, about whom, regardless of what the Minister stated on the so-called NAMA effect on rental prices at present, I have deep concerns. There is even a State-owned bank, Anglo Irish Bank, deliberately trying to push up rents in order to potentially add value to loan books and to property valuations in advance of those loan books being taken over by NAMA.

Acting Chairman: The Deputy should conclude.

Deputy Simon Coveney: I want the Minister to investigate that issue to ensure that we are not standing over a State-owned bank or any other banking institution in Ireland deliberately trying to drive up rent for their own profitable gain in terms of the anticipation of a valuation 448 Financial Institutions’ 9 March 2010. Credit Supply that may be put on that property by NAMA. I plead with the Minister to ensure that this issue becomes a priority for him and for Government.

Debate adjourned.

Adjournment Debate.

————

Financial Institutions’ Credit Supply. Deputy Michael McGrath: This matter will be of interest to many of the retailers in the country, some of whom are here tonight. At the outset, I thank the Office of the Ceann Comh- airle for selecting this important matter for the Adjournment Debate. When speaking on a Private Members’ motion two weeks ago here in this House, I stated that job retention and job creation must be the first national priority for us as a country and for the Government. It is clear that the banks are not meeting the needs of the economy. Recently, ISME released a survey which confirmed that 55% of companies who applied for funding in the past three months were refused credit by their banks. Like every Deputy in this House, I have a number of examples of constituents who are in business who have had loan applications refused and even in the case of those who currently have loan agreements, where such an agreement comes up for renewal the bank is taking the opportunity to significantly increase its margin on the loan. For example, in the case of a Cork business which has a loan of €430,000 with a bank, up until a recent loan agreement review the bank’s margin was 1.5% and on review of the loan agreement the bank took the opportunity to increase that from 1.5% to 4%, an increase of 166% on the bank’s margin. One can imagine the impact of that on any business. It is disheartening to see viable businesses in the country collapsing because of the lack of cash. Even a highly profitable business can go under without an adequate supply of cash flow. The old adage that cash is king was never more true than it is at present. We also must acknowledge that we are not trying to revert back to the days that prevailed at the height of the Celtic tiger boom, where grossly excessive and recklessly irresponsible lending was at the heart of the banking crisis with which we now must deal. We need to find the correct balance whereby the banks move to a position where there is an appropriate sustainable level of lending to viable business. It is clear that the banks in Ireland are rebuilding their balance sheets. They are competing vigorously for a deposit base, but they are not competing anywhere near as vigorously for customers to whom to lend. They do not have an adequate supply of funding to lend and meet the needs of the economy. It is true that NAMA will help the banks to rebuild their funding base by exchanging the illiquid property loans for the liquid NAMA bond asset, which they can encash at the ECB. NAMA will help, but will not, in itself, resolve the credit issue in the economy. The reality is that shortly, once the NAMA transfers begin to go through, the banks will have to be recapit- alised. Hopefully, this will be from private funding sources but, where necessary, the Govern- ment has indicated that it is willing to provide additional capital. In the event that the Government must provide additional capital, it is essential that the provisions enacted in this House under section 110 of the NAMA legislation — which empower the Minister to issue guidelines regarding lending practices and procedures to facilitate the availability of credit to classes of borrowers or potential borrowers, including small and 449 Financial Institutions’ 9 March 2010. Credit Supply

[Deputy Michael McGrath.] medium-sized enterprises — are invoked and that clear and rigid guidelines are issued to the banks which must be complied with in terms of having an appropriate level of lending in the economy. I welcome the fact that the credit review system will be established. It is a historic development that persons who have been refused credit by their banks will have recourse to an independent external review of decisions of credit refusal by NAMA participating banks. Perhaps it is time that we look at the possibility of introducing a loan guarantee scheme for small and medium-sized enterprises — the Department of Enterprise, Trade and Employment has raised this issue. Many of our trading partners operate such schemes. In the UK, for example, up to 75% of the loan value can be guaranteed by the state. Such a scheme has been in place since 1981. There is a good Canadian study which compares the various small and medium enterprise, SME, loan guarantee schemes across Europe. It is essential the issue is dealt with comprehensively to ensure the banks can meet the needs of the economy and extend the appropriate level of lending to SMEs so they can come through this difficult recession.

Minister of State at the Department of the Health and Children (Deputy Áine Brady): Iam taking this Adjournment matter on behalf of the Minister for Finance, Deputy Brian Lenihan. The Government has taken several measures to deal with the issue of access to credit for SMEs since the advent of the banking crisis. As part of the recapitalisation package announced in February 2009, AIB and Bank of Ireland confirmed their commitment to increase lending capacity to SMEs by 10% and to provide an additional 30% capacity for lending to first-time buyers in 2009. If the mortgage lending was not taken up, then the extra capacity would be made available to SMEs. AIB and Bank of Ireland have also committed to public campaigns to actively promote small business lending at competitive rates with increased transparency on the criteria to be met. Compliance with this commitment is being monitored by the Financial Regulator. In addition, a code of conduct for business lending to SMEs, published by the Financial Regulator, took effect in March 2009. This code applies to all regulated banks and building societies and aims to facilitate access to credit, promote fairness and transparency and ensure banks assist borrowers in meeting their obligations, or otherwise deal with an arrears situation in an orderly and appropriate manner. The business lending code includes a requirement for banks to offer their business customers annual review meetings, to inform customers of the basis for decisions made and to have written procedures for the proper handling of complaints. Where a customer gets into difficulty, the banks will give the customer reasonable time and seek to agree an approach to resolve problems and to provide appropriate advice. This is a statutory code and banks are required to demonstrate compliance. The Tánaiste and Minister for Enterprise, Trade and Employment set up a clearing group including representatives from the main banks, business interests and State agencies, which is chaired by her Department. The purpose of the group is to identify specific patterns of events or cases where the flow of credit to viable businesses appears to be blocked and to seek to identify credit supply solutions. An independent review of credit availability was agreed in the context of the recapitalisation of AIB and Bank of Ireland. The purpose of the review, which was carried out by Mazars, was to ascertain the position on credit availability to SMEs in Ireland. The steering group for the 450 Care of the 9 March 2010. Elderly review consisted of representatives of the Departments of Finance and Enterprise, Trade and Employment, Forfás, Enterprise Ireland, the Irish Banking Federation and the six main banks involved in lending to SMEs, business representatives from ISME, Chambers Ireland and the Small Firms Association. The report made a series of recommendations including the further development of a framework for monitoring credit availability and measures to improve communications between the banks and SMEs. The report also suggested consideration of specific supports to ease the working capital requirements of SMEs, and measures to help investment levels in SMEs. The second Mazars report on credit availability, published in December, confirmed that while some businesses are facing significant challenges accessing credit, and the SME sector in general is more conservative in its borrowing, others confirmed new lending is still taking place. However, the proportion of refused credit, especially in certain sectors, clearly remains a concern for the Government. Both reports are available on the Department of Finance website. The Minister for Finance has said the banks should be in a better position to lend once the riskiest loans have been removed from their balance sheets and that viable businesses should expect a fair hearing when seeking funding. The banks’ balance sheets will be stronger once NAMA has taken over these loans and replaced them with Government guaranteed bonds. This will give the banks greater access to liquidity and make long-term funding cheaper. All Members will be familiar with the complaints of business people who cannot get credit but this does not mean that the banks are always wrong to refuse credit. The Mazars review in summer found refusals by the banks appeared reasonable in the sample it examined. The review showed an average of 24% of businesses reporting refusals, while the second review published in December showed a refusal rate of 28%. The banks claim lower figures but it is still clear that many people are being refused credit. The crux of the issue is the definition of “viable”. No business seeks credit without thinking that it is viable but the banks do not always agree that the business is viable. To help address this issue, under the NAMA legislation the Minister will shortly be issuing guidelines to ensure SMEs, sole traders and farm enterprises will have recourse to an independent, external review of decisions of credit refusal by the NAMA participating banks. It is hoped banks not participating in NAMA or covered by the Government guarantee will also decide to join the system. The aim is to have a simple, effective review process, run by people with experience and credibility. The banks must comply with the recommendations of the review process or explain why they will not do so. In addition to dealing with individual cases, the credit review system will examine the credit policies and practices of the banks in respect of SMEs. This will help the Minister for Finance to decide what further action might be necessary to secure the flow of credit. The Minister intends to publish the analysis from the review process so that the performance of the banks participating in NAMA will be clear to all. Work has been ongoing since December on the logistical aspects of the review system and it is envisaged that reviews will commence presently.

Care of the Elderly. Deputy Frank Feighan: I call on the Minister for Health and Children to reverse the cruel decision to cancel day-care services at Plunkett Home, Boyle, County Roscommon, which affects 50 people whose only outlet from isolation has been hit by this action. This service has been taken away by an uncaring Government which protects bankers. Some years ago it was said health cuts hurt the old, the sick and the handicapped. Unfortunately, the Government is doing this again. 451 Care of the 9 March 2010. Elderly

[Deputy Frank Feighan.]

The elderly people who used Plunkett Home paid €4 for the service costs. It transformed their lives, allowing them to meet friends, have a dinner, play bingo, get their hair done and have physiotherapy while it gave their families some respite. The service has been suspended for three months but as every Member knows it may never be restored again. There is a moratorium on replacing health staff who are sick. In the real world, there must be some flexibility in allowing staff replacement. We aim to keep elderly people out of acute hospital services. What better way to do so than by providing a day-care service for the elderly? The elderly built up the country and sacrificed everything for our future. Once again the boot of bureaucracy has been put into those who deserve comfort, respect and care in their twilight years. One gentleman, who uses the Plunkett Home service, returned from living in the UK for 53 years to Roscommon recently. Last night on local radio he admitted because of the way he has been treated he is thinking of returning to the UK. Is this the way to deal with Irish diaspora, the people who never forgot us in our time of want? On St. Patrick’s Day, when the Taoiseach will give the US President, Mr. Obama, a bowl of shamrock will he tell him the way we treat our elderly people and how these services have been pulled, a denial of people’s rights? We often talk about offering our young people a future and hope. Yet, when we neglect our elderly people like this, is it any wonder young people emigrate to Australia and elsewhere? The only way to get out of a recession is by protecting existing jobs and creating more. This service in Boyle could provide employment to several people, yet the Government cannot lift the moratorium on recruitment to the public sector. It is a shame on the Government and all politicians not to accede to the wishes of the people in question. The Minister of State is a reasonable person and this should not happen. On this occasion, the moratorium must be lifted and these jobs must be replaced. We must ensure these 50 elderly people receive compassion from the Government. If the Minister of State does so, I will say well done. This is not about politics, it is about the elderly people in our community who need some compassion and care. We need to do the right thing by our elderly people. I ask the Minister of State to ensure this disgraceful decision is reversed. If so, I will be the first to thank and praise him and the Government. This is a cowardly decision and reversing it could provide help and a secure future for our elderly people.

Deputy Áine Brady: I thank Deputy Frank Feighan for raising this issue as it provides me with an opportunity to update the House on this matter. This Government is committed to supporting people to live in dignity and independence in their homes and communities for as long as possible. Where this is not feasible, the health service supports access to quality long- term residential care where appropriate. We continue to develop and improve health services in all regions of the country and to ensure quality and patient safety. The HSE has operational responsibility for the delivery of health and social services, including those at facilities such as Plunkett Home, Boyle. All developments must be addressed in the light of the current economic and budgetary pressures. The HSE has been asked to make a rigorous examination of how existing funding might be re-configured or re-allocated to ensure maximum service provision is achieved. The integrated services directorate is the HSE directorate responsible for the delivery of health care services. In line with what is happening around the country, the HSE in Roscommon is currently reviewing its use of resources and facilities for all care in the county. The latest information available from the HSE indicates that it was to temporarily close the day care service at the Plunkett community nursing unit in Boyle from Monday, 8 March. The HSE 452 Rail 9 March 2010. Network currently has a number of vacancies in the service and due to the moratorium it is unable to recruit replacement staff. It appreciates that this is an inconvenience for clients of this service but the HSE must have appropriate staffing levels to run any service safely. The service is suspended for a period of three months and the HSE will make every effort to restore it as quickly as possible. In view of the current industrial action, this is the most current information available to me.

Rail Network. Deputy Brendan Howlin: I seldom raise a matter on the Adjournment. I do so only if I feel a matter is of considerable importance. While I very much welcome the presence of the Mini- ster of State, Deputy Áine Brady, as an officeholder of this House I feel we must do better than have a single Minister of State with prepared responses to five Adjournment debate matters. We must reform the way we do business to ensure matters brought to the attention of this House are properly dealt with. I regard the issue as very important. I refer to the future of rail services in the south east, specifically the future of the Waterford to Rosslare railway line. I refer to general Government policy on public transport. For a long time, we have listened to commitments to having a green tinge to public policy, with investment in public transport to get people off the roads and, in particular, on to the environmentally friendly rail network. However, there is no clear manifestation of that in policy terms. I was Minister with responsibility for the environment in the run- up to the Kyoto Agreement and I chaired the prep conference for Kyoto as president of the Council of Ministers. We have demanding climate change abatement commitments and these will become even stronger. We must have an overt, proactive development strategy for the rail network. I have been formally advised by Mr. Emmett Cotter, district manager of Irish Rail for Waterford, that Irish Rail is considering suspending services on the Waterford to Rosslare line within weeks. Clearly, the service as constructed is not viable but it is not viable because it has never been made viable. It has never been properly marketed and there was no effort to see if there was tourism potential or if further local business could be attracted. Since the demise of the sugar beet industry — the mainstay of the line — there has been a determination by Irish Rail to allow this line to close. We need marketing and promotion in order to preserve and develop this important rail link in the south east. It is fanciful that we are talking about the Atlantic corridor or a motorway being built along the entire west coast and southern coast to link the south east to the north west when at the same time we want to dismantle the rail links that currently provide the interaction. Irish Rail has been contacted by local interests, including the Waterford & Suir Valley Heritage Railway group, to make a proposal in respect of the future of the line. I hope to hear from the Minister of State, even if my request was of a general nature and she is lacking specifics, that she will bring back to the Minister for Transport and the Cabinet the determination of the people of my county of Wexford, of Waterford and of the south east generally to preserve and develop the infrastructure that has been there for decades. It is unacceptable there is almost a deliberate policy to undermine them. I can provide the Minister with some of the logistical issues associated with the provision of this service that make no business sense. There seems to be no business case or plan to develop and enhance rail in Ireland. Instead, there is a view from Irish Rail that is predicated on seeking to cut services wherever possible. The idea that one might think outside the box to develop the line with community interests, how students could be brought to Waterford Institute of Technology, how tourists could be brought on a heritage trail and how local commuters could be facilitated on a cheap basis in terms of timing, logistics and marketing seems not to have occurred to Irish Rail. I ask the Minister of State to explain to the House the commitment this 453 Multi-unit 9 March 2010. Developments

[Deputy Brendan Howlin.] Government has to rail services in this country generally, specifically to those in the south east and more specifically to those between Watford and Rosslare.

Deputy Áine Brady: I am responding to this matter on behalf of the Minister for Transport, Deputy Noel Dempsey. Rail services in the south east have improved significantly in recent years, reflecting the sustained high levels of investment in the railway network generally. Over the period 2000-09 a total of €2.9 billion in capital funding and €1.69 billion in current funding has been invested in railway infrastructure and services. The railway network in the south east has benefited from this. Following significant investment in track, signalling and other infrastructure on the Dublin- Waterford and Dublin-Rosslare lines, the recent focus of investment in the south east has been on new fleet, with resulting benefits in frequency for customers. The Waterford-Dublin route is now fully operated by larnród Eireann’s new intercity railcar fleet, which provides customers with a modern, comfortable and reliable rail service. This has allowed an expansion in services, with seven trains daily now operating from Waterford to Dublin. This includes a new express 7.10 a.m. Waterford to Dublin line, introduced in November 2009, with a journey time of two hours, calling only at Carlow en route. All Rosslare Europort and Wexford-Dublin services are now also operated by larnród Eireann’s new intercity railcar fleet. larnród Eireann has expanded services between Wexford and Dublin from a service of three trains each way daily up to 2008 to five trains each way daily over 2008 and 2009. Rail freight operations in the south east have also been expanded with increased container traffic and pulpwood traffic between Ballina and Waterford. Despite these service improvements that have supported increased passenger carriage in recent years, larnród Eireann is facing a very severe financial challenge following a decline in passenger numbers in 2008 and 2009. In response, larnród Eireann is implementing a wide ranging cost recovery plan to ensure its financial viability. In this context, I understand the company is considering the suspension of services on the Waterford-Rosslare line. The line, on which one train operates each way daily, has experienced low patronage for many years with approximately 25 passengers each way per day. I understand that revenue covers only 2% of operating costs. In addition, the sugar beet freight business, which sustained the viability of the line, ceased in 2006 following the cessation of the sugar beet business in Ireland. Decisions in regard to services such as those on the Waterford-Rosslare route are a matter for larnród Éireann having regard to the resources available to it. I understand that larnród Éireann has surveyed customers on the route in terms of origin and destination and is examining possible alternative services which could be provided to customers on the route. larnród Éireann expects to make a decision in regard to the service in the coming weeks. I also understand that it is exploring with interested parties the possibility of establishing a heritage railway on the route, which would be of benefit to tourism in the area. Railway services in the south east have benefited from investment in railway infrastructure and rolling stock under the NDP, Transport 21 and from the annual subvention to larnród Éireann. This will continue to be the case but larnród Éireann, in view of the pressures on the resources available to it from fares and Exchequer funds, must also address the matter of low patronage services as part of its ongoing efforts to achieve break-even.

Multi-unit Developments. Deputy Cyprian Brady: I welcome the opportunity to speak on what is a growing and major issue in my constituency of Dublin Central. This issue relates to the future of a large number of apartment complexes developed during the past number of years. There are a multiple of 454 Multi-unit 9 March 2010. Developments issues affecting many apartment complexes. I have witnessed at first hand the serious situation which owner-occupiers, tenants and those who have purchased under the social and affordable scheme are currently experiencing. The reality is that quite a number of residents of apartment complexes now find themselves in negative equity. In large tracts of my constituency, such as Pelletstown and the Financial Services Centre, owner-occupiers are under severe pressure economically. In some cases, people have lost their jobs and are struggling to pay their mortgages. On top of this they are faced with ever-increasing bills for management services and charges, an issue that has been growing for some time now. In many cases, the complexes are well managed with owner-occupiers and tenants part of the management system within the complexes. However, large numbers of developments left at the whim of certain individuals are causing extreme difficulty for people who have purchased apartments therein. In some cases, the service charges are completely out of control with no guarantee of service or quality of service. I recall when these developments were being constructed in the early 1980s a person remarking to me that he hoped these developments in the centre of the city would not become the slums of the future. Unfortunately, in a small number of cases this is almost the case. There has been a large influx into Ireland of people from other countries during the past number of years. These people are either renting accommodation or have purchased apartments in complexes. We are putting these people in a serious position. I understand from the Minister for the Environment, Heritage and Local Government, Deputy John Gormley, and from the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, that legislation in this regard has been promised for some time. I accept this is a complex area and that if this issue is to be addressed it must be done right. However, in some cases individuals and communities are in dire straits. These people do not know what will be the next step for them. While the vast majority of developers have an interest in their developments and have maintained that interest, the standards in some complexes are extremely low. Of concern are the tenants and residents who have become involved in the management of complexes as these people have been left with serious obligations under various legislation governing this area. Matters such as sinking funds have been let slide. These people are putting themselves under a serious obligation. I look forward to hearing the reply to this extremely serious issue.

Deputy Áine Brady: I am replying to this Adjournment on behalf of my colleague, the Minister for the Environment, Heritage and Local Government, Deputy John Gormley. I thank Deputy Brady for raising this important matter. The Government has demonstrated a clear commitment to dealing effectively with the range of complex issues relating to multi-unit developments and is bringing forward a comprehensive suite of legislative proposals in response to the Law Reform Commission’s report on such developments. In its consultation paper issued in late 2006, the commission made a number of recommendations relating to areas within the remit of the Department. It identified issues relating to the physical nature of such developments, including size, configuration, facilities and location. In particular, the commission considered that in the past far too many multi-unit developments had not been built to suit families, which was undesirable in terms of sustainability. The commission also recommended that guidelines should be issued on the taking in charge of estates. The commission’s final report commended the progress made by the Department in responding to these matters, noting that, in the period since the publication of the consultation paper, the Department had published a suite of planning guidelines focused on planning and a sustainable built environment. These include guidelines on design standards for new apartments 455 The 9 March 2010. Adjournment

[Deputy Áine Brady.] published in September 2007 promoting successful apartment living for individuals and families; guidelines on sustainable residential development in urban areas, promoting high quality living standards in new residential developments; encouraging higher density developments at appropriate locations, such as those with access to public transport, and emphasising that new residential development must be integrated with facilities and services for the new community and promote energy efficiency; and comprehensive guidance on the taking in charge of residential developments-management arrangements in February 2008. The commission considered that these guidelines should have the status of policy directives. The Planning and Development (Amendment) Bill 2009, currently on Second Stage in the Dáil, will strengthen the implementation requirements on planning authorities in relation to planning guidelines issued by the Minister. This will have the effect of substantially implementing the commission’s recommendation. The commission also recommended in its final report that the wording of section 180(6) of the Planning and Development Act 2000, which allows occupiers and unit owners to vote on the question of taking in charge of a multi-unit development, be reconsidered in light of the practical difficulties which the current wording presents. Accordingly, provision is also being made in the current Bill to provide that it is the owners, rather than the occupiers of residential units, who will decide whether to request the taking in charge of the estate. The Law Reform Commission’s report identified a range of other key issues to be addressed in new legislation. As the Deputy will be aware, the Multi-Unit Developments Bill 2009, introduced by the Minister for Justice, Equality and Law Reform in 2009, is currently before the Seanad. This Bill forms the centrepiece of the Government’s strategy to deal with multi-unit developments and management companies.

The Dáil adjourned at 9.45 p.m. until 10.30 a.m. on Wednesday, 10 March 2010.

456 Questions— 9 March 2010. Written Answers

Written Answers.

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

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Questions Nos. 1 to 11, inclusive, answered orally.

Questions Nos. 12 to 40, inclusive, resubmitted.

Questions Nos. 41 to 47, inclusive, answered orally.

Employment Support Services. 48. Deputy Arthur Morgan asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will categorise the 2,600 companies who made an application under the second round of the employment subsidy scheme in respect of small, medium and large enterprises; and if she will make a statement on the matter. [11127/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Last year the Government introduced the Employment Subsidy Scheme (Temporary), in the context of rising unemployment to help employees retain their jobs while at the same time assisting employers in retaining their productive capacity. The objective of the scheme is to provide an employment subsidy of up to €9,100 per employee, to vulnerable but viable enterprises, so that they maintain their workforce. Enterprises receive this subsidy on condition that they retain an agreed number of jobs. Enterprise Ireland manages the scheme on behalf of my Department. Between this year and 2009 the Government are investing €135 million in the Employment Subsidy Scheme and it is expected that as a result approximately 80,000 jobs will be either directly or indirectly supported. I launched the Employment Subsidy Scheme (Temporary) second call in December 2009. The second call was open to both exporting and non-exporting enterprises from all sectors of the economy provided that they employ at least 10 full time employees. 2,590 companies applied for the second call of the Employment Subsidy Scheme (Temporary). These applications are currently being assessed by Enterprise Ireland and applicants will be informed whether they were successful or not by the end of this month. On the application form, the applicant was requested to submit details of their full and part time employment as of the 2nd November 2009. Companies were not asked if they were an SME or Large company as per the EU definition. Under the EU definition of an SME, one requires more information than the 457 Questions— 9 March 2010. Written Answers

[Deputy Mary Coughlan.] employee numbers to define if the status is small, medium or large. For example, there are limits in terms of an enterprises turnover and balance sheet total, which also need to be considered. Therefore, it is not possible to provide information on the breakdown of applicant by SME/ Large Company status. A breakdown of applicants by employee numbers is not yet available, but it is expected to be available before the end of this month.

Job Losses. 49. Deputy Joan Burton asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment if her attention has been drawn to the prediction made by FÁS that an additional 87,000 workers will lose their jobs during 2010; her views on the FÁS prediction; the steps she will take to counter this trend; and if she will make a statement on the matter. [11360/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I note the publication of the latest FÁS Quarterly Labour Market Review for Winter 2009/2010, which was published on 12th February 2010. The report forecasts that average employment is likely to decline by 87,000 this year in comparison with last year. This prediction is broadly in line with other forecasts. However, the FÁS report also suggests that the upward trend in unemployment has begun to stabilise. The recent Live Register statistics for February, which showed an increase of 20 people signing on in February in comparison with January, is further evidence of this stabilisation. Last week FÁS and the ESRI published their Occupational Employment Forecast for 2010. This report forecasts that employment in most occupations is expected to recover from the lows reached in 2010, but the speed and the extent of recovery is likely to vary by occupation, with some occupations emerging with relatively strong employment growth and others failing to reach pre-recession levels by 2015. In addition, this report also forecasts that between now and 2015 an additional 250,000 jobs will be generated. In the interim the Government continues to place a strong focus on job creation. Last week I launched “Horizon 2020” IDA Ireland’s strategic blueprint for attracting Foreign Direct Investment into Ireland in the coming decade. With this strategy IDA Ireland will target the delivery of over one hundred thousands new jobs by 2014. Enterprise Ireland continues to deliver a wide range of supports to Irish companies, targeted at the specific requirements of clients throughout all regions to ensure that they develop to their full potential in terms of innovation and exports, which in turn, stimulates job creation. For their part the County and City Enterprise Boards also continue to provide support for small businesses in the start-up and expansion phases. Job creation is an inherent consideration in the activities of the Boards. The Government have also announced the introduction of a new jobs stimulus measure in Budget 2010. Under the Employer Jobs (PRSI) Incentive Scheme, where an employer creates a new job and takes on a person who has been unemployed for 6 months or more, the employer will be fully exempted from the liability to pay PRSI for the first year of that employment. This will give employers an 8%-10% saving on employment costs for each new job created. To protect vulnerable employment, my Department has introduced the €100 million Enterprise Stabilisation Fund and the €135 million Employment Subsidy Scheme. These initiatives aim to support companies experiencing difficulties because of the current economic climate. It is expected that the Employment Subsidy Scheme, which is designed to support the maintenance of vulnerable jobs and prevent people from being made redundant will either directly or indirectly support approximately 80,000 jobs this year. 458 Questions— 9 March 2010. Written Answers

In addition to these measures, the Government have significantly expanded the support services available to those who are unemployed. For instance job search supports services have been expanded to cater for a planned National Employment Action Plan referral capacity of 154,000 people this year compared to the 74,000 people who were supported in 2008. This year my Department will provide approximately 147,000 training and work experience places, which is a substantial increase on the 66,000 places that were delivered in 2008. There have also been increases in the capacity of the education sector with an estimated 166,000 learners benefiting from full and part time learning opportunities in further education. The higher education sector is also accommodating increased numbers of people with the total number of full-time enrol- ments in universities and Institutes of Technology projected to be over 140,000 for this academic year, an increase of 4.5% on the last academic year. The Government will continue to do all in its power to create the environment for new job opportunities, protect and safeguard our existing jobs and provide the necessary supports and assistance to enable those who are unemployed improve their chances of securing a job in the future.

Departmental Agencies. 50. Deputy Brian Hayes asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the progress made to date in merging the Competition Authority and the National Con- sumer Agency; and if she will make a statement on the matter. [11298/10]

70. Deputy Ruairí Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the position regarding legislation to provide for the amalgamation of the National Con- sumer Agency and the Competition Authority; the timeline for the publication of this legislation; and if she will make a statement on the matter. [11377/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I propose to take Questions Nos. 50 and 70 together. The amalgamation of the National Consumer Agency and the Competition Authority was included in the Budget day announcement in October 2008 on the rationalisation of State agencies. As both the National Consumer Agency and the Competition Authority were established under statute, it is necessary to give effect to the newly merged body by way of primary legislation. Since the date of the announcement my Department has being working, in conjunction with both bodies and the Department of Finance to bring about a smooth transition to a unified single body to oversee the area of competition and consumer protection. Work on the Heads of a Bill to provide for, inter alia, the merger of these two bodies is at an advanced stage. I hope to bring draft Heads to Government within the coming weeks and to publish the Bill during the course of the year. In addition to providing for the establishment of the merged body, the legislation will also take account of the review of the 2002 Competition Act and the recommendations of the Advisory Group on Media Mergers as well as providing for a statutory Code of Practice in the grocery goods sector.

EU Directives. 51. Deputy Mary Upton asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of EU directives for which her Department has responsibility that remain to be implemented; the directives that are now overdue; the number of reasoned opinions received from the EU Commission since 2002 regarding delays or non-implementation of such directives; and if she will make a statement on the matter. [11388/10] 459 Questions— 9 March 2010. Written Answers

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): A total of fifteen Directives require to be transposed by my Department up to 2012. Two Directives are currently overdue namely Directive 2006/123/EC on Services in the Internal Market and Directive 2006/43/EC on Statutory Audits of Annual and Consolidated Accounts. Work on the transposition of the Services directive is continuing and my Department received a second draft of the Regulations from the Office of the Parliamentary Counsel just over two weeks ago. While there remains a significant amount of work to complete, our target date for transposition is now July this year. It is hoped to have the Directive on Statutory Audits transposed in the next few weeks. My Department has received 26 Reasoned Opinions from the European Commission relating to Directives since 2002. The transposition of EU Directives is an ongoing priority in my Department and is reported to the Management Board on a regular basis. Up to date information on the transposition of directives is also published on my Department’s website.

Employment Support Services. 52. Deputy Noel J. Coonan asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of persons participating on the work placement programme; the numbers who have expressed an interest; the number of positions available; and if she will make a statement on the matter. [11275/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Work Placement Programme provides up to 9 months work experience to 2,000 unemployed individuals, including graduates. The Programme is open to all sectors of the economy, including the private and public sectors, as well as the community and voluntary sectors. The Work Placement Programme provides the unemployed with the opportunity to take up a placement in their chosen occupation and gain valuable experience or to work in another sector that may hold better future employment prospects. While the programme is voluntary, the placements offered under the programme will help to ensure that the unemployed are kept close to the labour market, are active and will enable participants to keep their skills up to date. In addition, the experience gained under the programme is likely to strengthen the employability of a participant in comparison with other individuals without such experience. Participants on the programme may retain their existing social welfare entitlements for the duration of their placement subject to the normal social welfare rules applying. The first stream of the WPP is for 1,000 unemployed graduates who have attained a full award at level 7 or above on the National Framework of Qualifications. The second stream, which is for 1,000 unemployed individuals, is open to all other individuals. Furthermore, under this stream 250 places are ring-fenced for those under 35 years of age. This is only the minimum number of places that are available for young people under the non-graduate stream and in fact the actual number could be significantly higher. As of the 26th February 2010, 478 individuals had commenced their placements under the Work Placement Programme. Of these 309 individuals have commenced on the graduate stream and 169 individuals have commenced on the non-graduate stream. In addition, there are a further 1,105 placements currently available to be filled throughout Ireland. A total of 5,989 individuals have expressed their interest with FÁS Employment Services in participating in the programme. FÁS continues to match individuals who have expressed an interest in participating in the programme with the placements that are available.

EU Funding. 53. Deputy Enda Kenny asked the Tánaiste and Minister for Enterprise, Trade and Employ- 460 Questions— 9 March 2010. Written Answers ment the progress that has been made on the application for funds from the European Global- isation Fund for former workers at companies (details supplied); and if she will make a statement on the matter. [11306/10]

102. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Enterprise, Trade and Employment the position regarding the application process of the European Globalisation Fund; when the European Commission will be furnished with the supplementary information it has sought on the Irish application; and if she will make a statement on the matter. [11171/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I propose to take Questions Nos. 53 and 102 together. My Department submitted three applications in 2009 on behalf of Ireland for co-financing assistance from the European Globalisation Adjustment Fund (EGF) towards the cost of guidance, training, entrepreneurship and education programmes for redundant workers at the Dell computer manufacturing plant in Raheen, Co. Limerick, the Waterford Crystal plant in Kil- barry, Co. Waterford and the S R Technics facility at Dublin Airport. The first application in relation to the DELL redundancies was made on 19th June 2009 and was approved late last year by the EU budgetary authorities. An EU funds transfer of €14.8m was received in my Department late last week. The Government has provided a matching element of €8m in funding in respect of this application in my Department’s Vote. The second application, that for Waterford Crystal workers made redundant, was made on 25th September 2009 and is currently at the inter-service consultation stage within the Euro- pean Commission. It will upon approval subsequently be considered by the College of Commis- sioners, the European Council and the European Parliament. I understand that the Commission phase of the procedural process may be completed in early April with a view to preparing the Irish application for discussion in the relevant Parliamentary committees later that month. A third application was made by my Department on 9th October 2009 in relation to redundancies at the SR Technics facility at Dublin Airport. My Department is currently preparing a response to a request from the European Commission for further information in relation to this application and hopes to be in a position to complete this process in the next couple of weeks. My Department continues to monitor redundancies nationwide in order to assess whether further EGF applications, which must meet strict EGF Regulation criteria and conditions, can be successfully made by Ireland.

Retail Sector. 54. Deputy Ciarán Lynch asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment if her attention has been drawn to the significant number of closures of retail outlets and the consequent heavy job losses in this sector; if her further attention has been drawn to the problems created for many retail outlets by high levels of rent and the refusal of landlords to reduce rates to take account of the current economic climate; the steps she will take to address this problem; and if she will make a statement on the matter. [11364/10]

76. Deputy Lucinda Creighton asked the Tánaiste and Minister for Enterprise, Trade and Employment the measures she has introduced to ensure that viable small and medium sized enterprises are not put out of business by inflexible rents; and if she will make a statement on the matter. [11429/10]

82. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps she has taken or intends to take to improve the competitiveness of the economy at retail level with particular reference to the need to ensure that opportunities at 461 Questions— 9 March 2010. Written Answers

[Deputy Bernard J. Durkan.] this level are at least on par with those in adjoining jurisdictions; the extent to which the various economic factors appertaining here are comparable to those in adjoining areas; and if she will make a statement on the matter. [11408/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I propose to take Questions Nos. 54, 76 and 82 together. My colleague, the Minister for Justice, Equality and Law Reform has set up a new Working Group to look at the issue of commercial rent reviews last week and my Department is represented on this new Group. The Group will be asked to focus particularly on the arbitration process and the adequacy of the information available to all parties in the context of commercial rent reviews. Minister Ahern has already banned “upward-only” rent reviews in new leases, which took effect this month. The new Group will bring all the relevant parties together to see how we can deal further with other aspects of concern in existing leases. In relation to more general measures to support jobs and growth in the economy, Budget 2010 included a number of pro-business, pro-jobs and pro-enterprise measures, including a car scrappage scheme, the extension of the tax exemption for start-up companies, an improved R& D tax credit to 25%, tax treatment of certain dividends, withholding tax on royalty income, improvements to the Remittance Scheme, and measures to improve the Tax offering on internationally traded services. With specific reference to the retail sector, Budget 2010 also reduced the rate of VAT from 21.5% to 21%.

Departmental Bodies. 55. Deputy Jack Wall asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the membership of the working group developing the youth framework for young persons and early school leavers; the number of meetings held by the working group to date; the groups and individuals with whom it has consulted; when the youth framework will be published; and if she will make a statement on the matter. [11391/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Working Group developing a training and employment Framework for young persons and early school leavers is chaired by the Director of Curriculum and Quality Assurance at FÁS. The Group comprises representatives from all of the relevant Divisions within FÁS including its Employment, Community, Training and Service to Business Divisions as well as its Planning and Research Unit and Social Inclusion Unit. The aim of the Working Group is to develop a Youth Framework that will succinctly draw together FÁS’s commitment to young people and early school leavers. Specifically it will detail in a comprehensive way all programmes and initiatives available to this target group including access and progression options. Monitoring procedures and an evaluation process will form part of the Framework to measure the effectiveness of services. The first meeting of the Group took place in December 2009 and to date three meetings have been held. Both internal and external consultation will take place over the course of the development of this Framework. At the next meeting a representative of the National Econ- omic and Social Council (NESC) will make a presentation to the Group. This will be the first of four presentations with the other three focussing on specific employment, training and social inclusion initiatives within FÁS. The Working Group’s discussions are due for completion in June of this year at which point an initial report will be circulated for wider consultation to other relevant bodies including the National Youth Council of Ireland, Youthwork Ireland and Youthreach. It is hoped that the Youth Framework will be published in the final quarter of 2010. 462 Questions— 9 March 2010. Written Answers

Grocery Industry. 56. Deputy Martin Ferris asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the position regarding the code of practice for the grocery sector; if and when she will be meeting the relevant stakeholders to discuss a possible voluntary code, or if necessary a mandatory code; and if she will make a statement on the matter. [11131/10]

107. Deputy Martin Ferris asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will appoint an ombudsman to referee disputes in the grocery sector; if she will fund the ombudsman to ensure that the position is objective and not subject to bias; when details of the appointment will be announced; and if she will make a statement on the matter. [11132/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I propose to take Questions Nos. 56 and 107 together. The Renewed Programme for Government contains a specific commitment to “implement a Code of Practice for doing business in the Grocery Goods sector to develop a fair trading relationship between retailers and their suppliers” and “to review progress of the Code and if necessary to put in place a mandatory code”. It is my intention to give effect to this commitment by including a specific provision in the legislation, currently being prepared by my Department to merge the National Consumer Agency and the Competition Authority, which will allow for the introduction of statutory Codes of Practice in areas such as the grocery goods sector. In the interim until the legislation is enacted, I intend in the coming weeks to explore with all the relevant stakeholders the possibilities of agreeing a Voluntary Code which would respect the interests of all parties. It is my view that a Voluntary Code offers stakeholders the opportunity to develop a Code which is appropriate to the dynamics of the Irish grocery goods sector and which in turn could also form the basis of any subsequent statutory Code. The Government is strongly committed to ensuring that Ireland continues to have vibrant agri food and retail sectors, particularly given the importance of these sectors to the national economy. The Government considers it important, therefore, that there is balance in the relationship between the various players in the grocery goods sector. The introduction of a Code of Practice, as provided for in the Programme for Government, is intended to achieve such a balance taking into account the interests of all stakeholders in the grocery goods sector including the interests of the consumer and the need to ensure that there is no impediment to the passing-on of lower prices to consumers.

Job Creation. 57. Deputy Arthur Morgan asked the Tánaiste and Minister for Enterprise, Trade and Employment the measures she is taking to assist indigenous enterprises to retain and create employment to compensate for the loss of inward investment in jobs in view of the fact that the National Irish Bank foreign direct intelligence inward investment performance monitor found that job creation by foreign multinationals slipped by 42% in 2009 and that job creation in the Industrial Development Authority supported companies has fallen by 62% since 2005; and if she will make a statement on the matter. [11128/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Job creation is at the top of this Government’s agenda and through the agencies under the aegis of my Department, a range of measures have been put in place to assist the indigenous sector both in retaining and creating employment opportunities. In supporting enterprises and safeguarding existing jobs, this Government has introduced a broad range of enterprise support 463 Questions— 9 March 2010. Written Answers

[Deputy Mary Coughlan.] measures. Last year, through the Enterprise Stabilisation Fund, viable but vulnerable companies experiencing difficulties due to the current economic climate, were supported in the areas of market development, productivity improvements and product development. In 2009, €58m was spent on 180 projects, supporting approximately 7,500 jobs. The Fund continues to attract a high volume of applications in 2010. A further initiative to protect existing jobs, the Employment Subsidy Scheme, was also introduced last year. The Enterprise Stabilisation Fund and the Employment Subsidy Scheme together reflect the Government’s commitment to assisting companies overcome this difficult period. Between the two schemes we are investing €235 million directly into enterprises, safeguarding thousands of jobs and securing our enterprise capability in the process. To address the issue of accessing credit for SME’s, the Minister for Finance announced a new Credit Review System in his Budget 2010 speech and, under the Employer Jobs (PRSI) Incentive Scheme, an employer who creates a new job and takes on a person who has been unemployed for 6 months or more, will be fully exempted from the liability to pay PRSI for the first year of that employment. This Government is also maintaining a substantial capital investment programme, including the National Development Programme and the implementation of key Government programmes such as the Rural Development Programme and the Home Energy Savings Scheme, providing work for some 3,690 registered contractors. The Government is also investing substantially in the provision of key infrastructure, such as broadband, where the number of sub- scribers has doubled during the lifetime of this Government. Enterprise Ireland delivers a wide range of supports to Irish companies, targeted at the specific requirements of clients throughout all regions to ensure that they develop to their full potential in terms of innovation and exports, which in turn, stimulates job creation. Enterprise Ireland has prepared a recovery strategy and has focused its efforts on strengthening and sustaining companies of strategic importance through a range of initiatives. The City and County Enterprise Boards are also playing an important role in supporting existing enterprise and in promoting the creation of new employment. Notwithstanding reductions in job creations by foreign multinationals in 2009, there is no doubt that International investment will be a key driver of employment, exports and growth and we will continue to market the Ireland brand as a location of choice for the newcomer and for existing investors. Foreign direct investment (FDI) has been, and will continue to be, a catalyst for our national prosperity. Over the years, FDI companies have created large numbers of high-quality jobs, both for the direct employees of the investing companies and in the local enterprise that provides them with goods and services. Ireland continues to attract FDI from many of the world’s leading companies and in such turbulent economic times it is significant that many of the world’s leading companies continue to invest in Ireland in a wide array of activities including high-end manufacturing, global services and RD&I. On 2nd March, I launched “Horizon 2020”, IDA Ireland’s Strategy for the period to 2020. This strategy outlines a number of targets to be achieved in the period 2010 to 2014. One of these is a target of creating 105,000 new jobs by 2014, a figure comprised of 62,000 directly employed in IDA client companies, which would support a further 43,000 jobs in the wider economy. As a developed economy with an excellent track record in FDI, a stable regulatory regime, membership of the EU and the Eurozone, Ireland is well positioned to create substantial additional employment into the future. I am satisfied that all of the agencies of my Depart- ment are contributing to the important task of retaining and creating employment in our economy. 464 Questions— 9 March 2010. Written Answers

EU Directives. 58. Deputy Pat Rabbitte asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the position and timeframe for the transposition of the services directive; and if she will make a statement on the matter. [11379/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Regulations to bring the Services Directive [Directive 2006/123/EC] into law are well advanced. My Department is working with the Office of Parliamentary Counsel with a view to completing the legislation as soon as possible.

National Minimum Wage. 59. Deputy Seán Sherlock asked the Tánaiste and Minister for Enterprise, Trade and Employment if she has received any report from the Labour Court in regard to a possible change in the national minimum wage; if not, when she expects to receive its report; and if she will make a statement on the matter. [11382/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): In November 2008, ICTU requested the Labour Court to review the national minimum wage and to make a recommendation to me concerning its adjustment. The Court subsequently invited submissions on the issue. Various submissions were received, including from IBEC, ICTU and the Department of Finance. The Labour Court also held discussions with these parties. Under the National Minimum Wage Act, 2000, the Labour Court can seek to establish, in the context of such consultations, whether a general agreement can be reached between the parties. If, however, the labour Court is satisfied that such a general agreement cannot be reached, it may still make a recommendation to me. I have not yet received any recommendation from the Labour Court in relation to the application made under the National Minimum Wage, 2006. It would be inappropriate for me to comment further while the matter is still under consideration by the Court.

Departmental Functions. 60. Deputy Eamon Gilmore asked the Tánaiste and Minister for Enterprise, Trade and Employment if she is considering the restructuring of her Department; and if she will make a statement on the matter. [11367/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): It is a matter in the first instance for An Taoiseach to determine the structures and functions of individual Departments of State. Ministers, when appointed to Departments of State, are then responsible for policy determination and the performance of the functions that are assigned to their Department. In that regard, my current policy priorities are centred on creating the right policy framework to assist the enterprise community create and maintain employment opportunities while supporting the unemployed back in to the workforce. Specifically, we are continually working to ensure that we have the most appropriate policies to nurture both the indigenous and FDI sectors through current difficulties. We are also implementing a number of significant initiatives to assist the unemployed and continue to examine all options to do more on activation, training and re-skilling opportunities. More particularly, our current focus is on the areas of:

• Reviewing enterprise development agency relationships and strategies in light of the current challenges facing their stakeholders — indeed we launched the new IDA Strategy just last week. 465 Questions— 9 March 2010. Written Answers

[Deputy Mary Coughlan.]

• Updating our National Skills Strategy;

• Finalising and promoting a new Trade and Investment Strategy;

• Providing enhanced consumer and competition protections through the merger of the Competition Authority and the National Consumer Agency;

• Driving the Competitiveness and Green Jobs Agenda with Government colleagues;

• Maintaining our SSTI investments to support the Smart Economy drive;

and

• Delivery of my Department’s many T16 Employment Rights and Industrial Relations legislative commitments.

In support of policy implementation and monitoring, the Secretary General of the Department, under the Public Service Management Act 1997, is responsible for, among other things, both the strategic and day-to-day management of the Department. In that regard, I must emphasise that the Secretary General, supported by his Management Board, keeps the structures and assignment of personnel across the Department under regular review to ensure the Department continues to be fit for purpose.

FÁS Training Programmes. 61. Deputy David Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment the supports that she has made available to support apprentices who have been unable to complete their training in view of the fact that they have been made redundant; and if she will make a statement on the matter. [11427/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): FÁS has already put in place the following measures in place to assist redundant apprentices who have to complete both on and off -the-job work training plus assessments in order to complete their apprenticeships:

1. FÁS has put in place an interim measure whereby redundant apprentices may progress to the next off-the-job training phase of their apprenticeship, in line with current scheduling criteria. In 2009, over 2,000 redundant apprentices were provided with off-the-job training. To date in 2010, 1,041 redundant apprentices commenced off-the-job training in January 2010, and 1,008 redundant apprentices are currently being scheduled to commence Phase 4 and Phase 6 off-the-job training in the Institutes of Technology and Colleges of Further Education on 6 April 2010.

2. In 2009, FÁS introduced a temporary Employer Based Redundant Apprentice Rotation Scheme for apprentices made redundant in the Construction Industry. Over 460 redundant apprentices completed Phase 3, 5 and 7 on-the-job training and assessments with employers under this Scheme in 2009. A new Redundant Apprentice Placement Scheme which will replace the Rotation Scheme in 2010, is under development and this will with the support of employers provide to assist redundant apprentices to complete the on-the- job training of their apprenticeship with a FÁS approved employer.

3. An on-the-job training programme with ESB Networks for eligible redundant apprentices at Phases 5 and 7 of their apprenticeship was agreed with FÁS and commenced in March 466 Questions— 9 March 2010. Written Answers

2009. The programme will provide up to 400 places over a period of 18 months and is funded by ESB Networks. To date, 184 redundant apprentices have completed training, 106 are currently in training, and further placements will take place during 2010.

4. FÁS and the Institutes of Technology have agreed the PP5 programme for redundant apprentices who have successfully completed Phases 1 — 4 of their apprenticeship and where an on or off-the-job training opportunity is not currently available. The programme has both a Construction Stream and an Engineering Stream, with a number of core skills modules related to apprenticeship and a number of electives in specific skills. The programme provides apprentices with a Level 5 FETAC award and allows for access and transfer of credits to other post-apprenticeship programmes. The Institutes of Technology are currently providing training to eligible redundant apprentices who responded to invitations issued in January 2010.

5. FÁS has also developed Phase 7-equivalent assessments for redundant apprentices at the final phase of their apprenticeship in the trades of Carpentry & Joinery, Electrical, Plumb- ing, Brick & Stonelaying and Plastering. Some assessments commenced on 24 February 2010 and others are being arranged in accordance with the scheduling calendar.

6. Redundant apprentices registered for 4 years who have successfully completed all Phases 1-7 of their apprenticeship, but have not yet completed the required 4 years in employment as an apprentice in the specified trade, will be contacted by FÁS to submit a portfolio of evidence under Recognition of Prior Learning for consideration by the National Appren- ticeship Advisory Sub-committee for the award of the Advanced Craft Certificate.

7. Redundant apprentices may also avail of existing trade-related specific skills training courses to enhance their employable skills. They may also avail of the range of trade- related evening courses available in FÁS Training Centres.

8. Léargasis providing funding under theEU Lifelong Learning Programme, Leonardo Da Vinci Mobility Programme to support the placement of almost 100 redundant apprentices with overseas employers to complete their phase 7 on-the-job training with assessments.

All of these various measures will support around 4,000 redundant apprentices. FÁS continues to closely monitor the situation in relation to redundant apprentices and newly qualified craft- spersons. It is important to point out in this regard that the onus is on redundant apprentices themselves to inform FÁS Services to Business immediately of his/her redundant status and register with their local FÁS Employment Services Office. Otherwise, the redundant apprentice may lose out on invaluable assistance in securing new employment which would enable him/her to continue their apprenticeship training.

Industrial Development. 62. Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Enterprise, Trade and Employment the changes that she will implement in relation to the policy of the Industrial Development Authority regarding the attraction of investment and jobs to certain counties and regions; the criteria that will be attached to the policy in respect of the way in which a county will be prioritised for attracting inward investment; the counties which will be excluded under this new policy; and if she will make a statement on the matter. [11129/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Last Tuesday, 2nd March, I launched “Horizon 2020”, IDA Ireland’s Strategy for the period to 2020, which shows the way forward for Ireland to achieve ambitious goals for Foreign Direct 467 Questions— 9 March 2010. Written Answers

[Deputy Mary Coughlan.] Investment and to create the maximum amount of high-quality Irish jobs for the greatest number of our people. In the current circumstances, a vibrant and growing Foreign Direct Investment sector remains central to an economic recovery based on export-led growth and the development of the Smart Economy. For 50 years, successive Governments have supported efforts by the IDA to attract foreign direct investment to Ireland as a cornerstone of our national enterprise policy. IDA has a strong commitment to ensuring balanced regional development across the country and one of the key targets of this new Strategy, which I particularly welcome, is the target of ensuring that in the period 2010- 2014, 50% of FDI projects will be located outside of Dublin and Cork. This is a challenging target. In line with the National Spatial Strategy IDA’s new strategy places renewed emphasis on the “Gateway” regions. The “gateways” in Ireland are going to be critical growth areas in the future Successful enterprise development and the creation of an attractive location are interdependent. Regions/Gateways that support strong and dynamic enterprise are crucial to Ireland’s return to balanced economic growth and IDA will continue to focus on balanced development through these regional gateways. In addition the agency proposes to look at innovative ways to leverage its property portfolio to support the enterprise sector, particularly in rural locations. IDA’s contribution to regional development will be primarily as a stimulator of economic activity through key investment, which brings high value employment and expertise, and promotes confidence and overall economic dynamism within the region. Within these regions, I know that IDA will be sensitive to particular pressure points as they arise. The overriding priority for IDA remains the winning of high quality investments for Ireland.

63. Deputy John O’Donoghue asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of invitations issued to potential industrialists to visit County Kerry with a view to setting up industries over the past two years; the number of such visits which actually took place; and if she will make a statement on the matter. [11120/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Kerry has traditionally been a centre of manufacturing for foreign direct investment, However over recent years it has proved challenging to maintain and attract overseas manufacturing companies into the County as much of this investment globally is going to low cost destinations such as Eastern and Central Europe and China. As a result of this shift in global manufacturing, Kerry has seen a number of closures within the multinational sector. At the end of 2009 there were 14 IDA Ireland supported companies in Kerry employing approximately 1,407 permanent staff. In line with the National Development Plan, IDA’s focus is on attracting investment to the National Spatial Strategy 2002-2020 linked hub locations of Killarney in South Kerry and Tralee in North Kerry. These locations represent the critical mass required by potential investors in terms of population, skills and infrastructure. IDA Ireland promotes Kerry as part of an integrated region with access to the county population base of 139,616 as well as the expanded population of both the Mid West and South West Regions with a combined population of 935,039. The attractiveness of Kerry for inward investment has to be seen within a regional context with particular reference to its proximity to the Gateway cities of Limerick/Shannon and Cork. Taking a regional rather than a purely local approach will enable the twin hubs of Tralee and Killarney to compete effectively with other strong regions, cities and countries, as the critical mass needed in terms of population, skills and infrastructure can be met.

468 Questions— 9 March 2010. Written Answers

IDA Ireland is actively promoting the Kerry to prospective investors across the full range of IDA targeted sectors, but specifically IDA Ireland is targeting the Information and Communi- cations Technologies (ICT) and Internationally Traded Services sectors via its network of overseas offices and project divisions. Every effort will be made to secure new advanced knowledge based industry for the area. Particular emphasis is being paid to attract emerging companies to Kerry taking advantage of the supportive environment that has been developed in Kerry for start-up and emerging companies. In 2009 four overseas firms visited Kerry. In addition presentations have been made to many overseas firms on the benefit of setting up or expanding operations in Kerry. IDA has maintained a consistent flow of itineraries / site visits by companies to County Kerry over a number of years. See table below for numbers of visits by year:

Year No. of Site Visits

2009 4 2008 4 2007 3 2006 2 2005 4 2004 3 2003 2 2002 2 2001 5

To support this strategy, IDA Ireland is working closely with educational institutions in the region, in developing the skill sets necessary to attract high value added employment to the county. IDA is also working with FAS to provide guidance in developing the skill sets needed by those in the workforce who are interested in upskilling. It is equally important that Ireland maintains and grow the existing FDI portfolio in the region and therefore a substantial programme is undertaken by IDA with the existing overseas companies. This programme is designed to help consolidate and where possible grow existing operations in the region. This means achieving substantial productivity improvements or the addition of new business functions such as R&D, marketing, logistics management, shared service centres, customer or technical support activities. Essentially we are supporting the companies in moving up or around the value chain in their Irish operations and basing their success more on innovation, higher skills inputs and knowledge-based activity. An example of this is the announcement in September 2008 by Aetna that it is to expand its existing operation with the addition of 70 jobs in Castleisland. IDA Ireland’s strategy for Kerry involves:

— Transition to the knowledge economy by winning new foreign direct investment (FDI) in innovation driven, high value, high skills sectors;

— Working with our existing company base through our Strategic Development Prog- ramme to expand their presence in Ireland through the addition of increased functions of scale and increased strategic functions;

— Achieving balanced regional development under the framework of the National Spa- tial Strategy; 469 Questions— 9 March 2010. Written Answers

[Deputy Mary Coughlan.]

— In co-operation with Shannon Development and the ongoing provision of sectorally focussed property solutions with supporting infrastructure;

— Working with Local Authorities and other partners to influence the creation of the right infrastructural environment to help win new FDI throughout the region.

IDA Ireland is targeting high value projects, which means that companies who decide to visit Ireland have more sophisticated business requirements. Their key need in determining where they will visit, and consequently where they will potentially locate, tends to centre on the following criteria:

• Quality business environment with access to a large population base

• Proximity to international airport and top quality road infrastructure to allow ease of access

• Proximity to similar types of companies

• Adjacent to a third level institution

• Located on a business and technology park with high quality office accommodation and telecoms infrastructure.

In the case of many towns, all of these requirements may not be fully met and this can be an inhibitor to attracting overseas investment. An issue IDA encounters in encouraging investment into Regional locations is the desire of investors to locate in areas with large population bases — typically populations in excess of one million. IDA will always strive to attract investment to business and technology parks in regional locations. However, it is integral that locations meet the requirements of each individual client company. Therefore, the ultimate decision on where operations are established lies with the client, whose primary objective will be to establish in the location most aligned with the business needs of their company. IDA Ireland has a pipeline and will continue to promote Kerry at every opportunity. Every effort will be made to secure new advanced knowledge based industry for establishment in the county. To foster collaboration between industry and academia, IDA Ireland works closely with the local educational infrastructure (i.e. Institute of Technology Tralee) in developing the skill sets necessary to attract high value added employment to the county and to encourage greater interaction with industry on areas of Research and Development. IDA also works with other agencies, such as FAS, to provide guidance in developing the skill sets needed by those in the workforce who are interested in up-skilling. IDA is also actively engaged with Shannon Development in marketing The Kerry Technology Park to prospective client companies. The Institute of Technology Tralee (ITT) is a progressive Higher Education Institute. The Institute runs a number of courses to certificate, diploma and degree level. There are approximately 2,794 full time students attending ITT with circa 1,200 graduating each year. ITT offer over 100 courses across three schools and 11 departments. The research strategy being pursued by ITT is one which seeks to further strengthen the capacity of the Institute in a manner which will both enhance the educational programme being offered to our students and also enable us to serve the economic, social and cultural life of the region. Current Research Strengths are in the following area:

470 Questions— 9 March 2010. Written Answers

• Shannon Applied Biotechnology Centre

• Centre for Innovation in Distributed Systems

• Centre for Geometric Optics

• Centre for Entrepeneurship and Enterprise Development

• Centre for Intelligent Mechatronic and Sensor Systems

Kerry Airport with its excellent access to Dublin, London (Stansted & Luton), and Frankfurt (Hahn) is a distinct advantage for the area. International air access is a key requirement of FDI and IDA Ireland supports the continued development of Kerry Airport to facilitate direct access to the county, which will complement existing access from Shannon and Cork Airports. IDA Ireland is centrally engaged with the Kerry Employment Action Team (KEAT) to plan for the county’s future economic growth. Specifically this group is focussed on how Kerry can best position itself in the context of the National Spatial Strategy through its response to the National Development Plan. IDA continues to market all available land and buildings in the County including its 12 acre Business & Technology Park at Tiernaboul, Killarney, Co. Kerry. In Tralee, IDA is also marketing the Kerry Technology Park which is owned and managed by Shannon Development in partnership with the Institute of Technology Tralee. Kerry Technology Park is a 113 acre park jointly developed by Shannon Development and the Institute of Technology Tralee. Shannon Development own 50 acres of the campus and has two existing high quality office buildings (Innovation Works 1 &2). Shannon Development has received planning permission from Kerry County Council to add the new building which will have 2,500 sq.m of floorspace divided into office suites for technology based enterprises. The development could see as many as 100 new jobs created in the park. Overall the park offers 35 acres of land for promotion, including existing buildings.

— Innovation Works 1 is 26,000 sq ft building of excellent quality fully networked and managed office space (4,000 sq ft currently available).

— Innovation Works 2 is a 24,000 sq ft building of excellent quality open plan office space (4,800 sq ft currently available).

— IT Tralee has a business incubation centre — the Tom Crean Centre — located in the Kerry Technology Park. The centre offers incubation space and support to start- up companies.

County Kerry has been awarded the prestigious title of European Entrepreneurial Region of the Year 2011 at a ceremony hosted by the EU Committee of the Regions (CoR) in Brussels in February 2010. The European Entrepreneurial Region (EER) award is designed to identify and reward EU regions with outstanding entrepreneurial vision and to encourage local and regional authorities to do more to promote small business across Europe. Kerry was one of just three regions in all 27 EU states to receive the accolade, along with Brandenburg, Germany and Murcia in Spain, and was selected based on the quality, efficacy and long-term success of its entrepreneurial vision. Launched in October, the EER award is open to every region in Europe, regardless of its size, population and wealth, and applications were sought from all over Europe. The successful Kerry submission was made jointly by the Institute of Technology, Tralee and Shannon Development, who share a joint campus at Kerry Technology Park

471 Questions— 9 March 2010. Written Answers

Grocery Industry. 64. Deputy Brian O’Shea asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment if her attention has been drawn to a recent report produced by an organisation (details supplied) which shows that retailers are charging consumers up to five times the price paid to farmers for basic foodstuffs; her views on whether this situation is satisfactory; the steps she will take arising from this report; and if she will make a statement on the matter. [11372/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I am aware of the report referred to by the Deputy. The Deputy, himself, will be aware, however, that the views of the organization concerned are not shared by retailers. Indeed there are marked differences between the various stakeholders in the food supply chain as to where the balance of power in the sector lies. The Government for its part is concerned that there should be a measure of equilibrium in the sector particularly given its importance to the national economy. Without prejudice to the freedom and responsibility of contracting parties to negotiate and agree their own contractual agreements, the Government appreciates the importance of ensuring that there is a fair balance between the parties to such negotiations. To that end, the Renewed Programme for Government contains a specific commitment to “implement a Code of Practice for doing business in the Grocery Goods sector to develop a fair trading relationship between retailers and their suppliers” and “to review progress of the Code and if necessary to put in place a mandatory code”. It is my intention to give effect to this commitment by including a specific provision in the legislation, currently being prepared by my Department to merge the National Consumer Agency and the Competition Authority, which will allow for the introduction of statutory Codes of Practice in areas such as the grocery goods sector. In the interim until the legislation is enacted, I intend in the coming weeks to explore with all the relevant stakeholders the possibilities of agreeing a Voluntary Code which would respect the interests of all parties. It is my view that a Voluntary Code offers stakeholders the opportunity to develop a Code which is appropriate to the dynamics of the Irish grocery goods sector and which in turn could also form the basis of any subsequent statutory Code. The Government is strongly committed to ensuring that Ireland continues to have vibrant agri food and retail sectors, particularly given the importance of these sectors to the national economy. The Government considers it important, therefore, that there is balance in the relationship between the various players in the grocery goods sector. The introduction of a Code of Practice, as provided for in the Programme for Government, is intended to achieve such a balance taking into account the interests of all stakeholders in the grocery goods sector including the interests of the consumer and the need to ensure that there is no impediment to the passing-on of lower prices to consumers.

International Trade. 65. Deputy Kieran O’Donnell asked the Tánaiste and Minister for Enterprise, Trade and Employment her plans to publish a new Asia strategy; and if she will make a statement on the matter. [11322/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Government’s Asia Strategy operated for the period 1999-2009 and has been very successful in developing Ireland’s Trade and other links with the key Asian economies. Ireland’s exports to the eight priority countries of the final phase of that Strategy have risen from €4.0bn in 1999, to €10.3bn in 2008, well ahead of the target of €9bn, set for 2009. Full year export data for 2009 is not yet available but is likely to be broadly similar to 2008. The number of Irish

472 Questions— 9 March 2010. Written Answers companies with a presence in these countries has risen from 54 to 267, well ahead of the target of 215. In addition, substantial growth has been achieved on other targets relating to Tourism, specialist food exports, developing inward student numbers, academic partnerships and a range of other links and developments. These outcomes, together with progress in wider awareness-raising, have been greatly assisted by focussed high-level visits. Over the last five years, Taoiseach-led Trade Missions have been organised to China, India and Japan and other Ministerial-led Trade Missions have taken place to China, India, Japan, Malaysia and Singapore. In addition, the Department of Foreign Affairs has expanded their network of Embassies and Consulates in the region. The Government are committed to developing and expanding this engagement, as the key Asian economies represent an exciting and continuously developing market for Irish goods and services. To this end and in response to the Smart Economy Framework, my Department is both reviewing the achievements of the Asia Strategy, as well as working with the Development Agencies and other Departments to develop a new Strategy for Trade, Investment and Tour- ism. The new strategy will focus on high growth emerging markets such as China, as well as on our existing key trading partners and its aim will be to increase our exports/investments in and from these markets. The new strategy will also bring further focus and coherence to Ireland’s single-minded pursuit of our international economic and commercial interests. The interdepartmental and inter-agency consultations to date, point to the need for a new research based strategy that will run for 3-4 years in a fluid and changing trade and investment environment. It is intended to finalise this new Strategy later this year.

Departmental Agencies. 66. Deputy Michael D. Higgins asked the Tánaiste and Minister for Enterprise, Trade and Employment if she is considering any changes to the structure, role or organisation of FÁS; if FÁS will remain within the area of responsibility of her Department; and if she will make a statement on the matter. [11368/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The structure and role of FÁS, like that of other Agencies and of my Department, is kept continually under review to ensure that it meets the needs of current circumstances.

Departmental Procurement. 67. Deputy Brian O’Shea asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment her views on the fact that a number of Government Departments are falling well short of meeting the targets set by her that suppliers would be paid within 15 days of the receipt of an invoice; the steps she will take to ensure greater compliance with the target set; and if she will make a statement on the matter. [11374/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): In accordance with the Government Decision of 19 May 2009 all central Government Depart- ments are required to pay their business suppliers within 15 days of receipt of a valid invoice. These Departments are also required to report quarterly to my Department on their performance in meeting this target. The first returns by Departments covered the period 15 June to 30 September 2009 and were published by me on 30 December 2009. The second returns for the last quarter of 2009 were published by me on 5 March 2010. The tables attached provide the relevant information for both quarters.

473 Questions— 9 March 2010. Written Answers

[Deputy Mary Coughlan.]

It will be apparent from the tables that the value of payments made by central Government Departments within 15 days accounts for 97.9% of the overall value of payments made. These returns for the period 1 October to 31 December show:

• A total of 68,528 payments were made by Departments in the above period amounting to €1.634bn;

• 56,542 payments totalling approximately €1.599bn were paid within 15 days. These payments represent 82.5% of total number of payments made by Departments, an increase of over 3% on revised Quarter 3 returns. In value terms 97.9% were paid within 15 days compared with 97.8% for revised quarter 3 figures;

• A further 8,682 or 12.7% were made between 16 and 30 days;

• Overall in value terms, 99.7% of payments during the period, amounting to €1.629bn, were paid within 30 days.

• While there continued to be some variation between the performances of individual Departments, in respect of the number of invoices , 7 Departments were paying in excess of 90% of invoices within 15 days (compared with 5 in the previous quarter), a further 6 Departments were paying in excess of 80% of invoices within 15 days (compared with 7 in the previous quarter), while the remaining 2 had paid 47% and 66% of their invoices within 15 days;

• in respect of the number of invoices, 13 Departments had paid between 96% and 100% of their invoices within 30 days while the remaining 2 had paid 78% and 87% of their invoices within 30 days. Departments are continuing to make strong efforts to pay their suppliers within 15 days and are playing their respective parts in assisting the cash flow of their suppliers, many of whom are Small and Medium Enterprises. The new procedures and processes introduced are having an impact in assisting Irish SMEs cash flow in the current difficult economic environment and this development must be welcomed. It is the responsibility of each Department to meet its obligations under the terms of the Government Decision. Businesses that experience difficulties in receiving payment on foot of valid invoices within 15 days should contact the contracting Department to resolve their difficulties.

474 Questions— 9 March 2010. Written Answers % € June-September 2009 — %% € October-December 2009 Q3 — Q4 Table 1: Prompt Payment Returns by Government Departments 2009 % days days Total value Payments payments Payments Total value Payments payments Payments paid within 15 within 15 days within 15 days within 15 days paid within 15 within 15 days within 15 days within 15 days Gvernment Departments % of overall Value of % No. of No. of % of overall Value of % No. of No. of Resources* Government* TransportHealth and Children*DETEFinanceEducationForeign AffairsCommunications, Marine and NaturalArts, Sport & TourismSocial and Family AffairsCommunity, Rural and Gaeltacht Affairs 99Taoiseach 96Defence 100Agriculture, Fisheries & FoodEnvironment, Heritage and Local 3,367,498 92 1,110,785,071 5,344,352 98Justice, Equality & Law 98 Reform* 97 97Total 95 99 93 98*Q3 93 1,675,843 figures revised due 59,634,427 to non-business payments e.g. 123,031,199 grant 22,293,366 8,026,615 payments included by 88 87 some Departments 108,002,080 in 5,378,254 previous 93 table published. 81 4,772 996 1,150 85 85 97 94 92 47 33,142,359 12,452,756 81 91 100 97 528 1,988 33,478,337 89 3,744 2,379 88 85 1,201 2,771,606 2,518 70,078,324 598 685,528,088 66 2,026,502 94 99 3,989,860 83 98 12,902 86 92 4,058 90 98 96 98 97 7,149 85 41,989,012 1,622,023 181,848,232 1,599,462,086 88 7,259,005 447 4,988,640 87 130,055,768 12,112 4,348 85 4,644,701 91 85 88 811 873 87 91 52 23,839,408 80 5,908,991 90 87 1,699 37,862,047 4,734 645 89 1,732 85 56,542 3,137 890 2,069,541 34,978,685 45 500 10,220 47 92 3,359 3,822 1,168,610,504 9,959 233 46,962

475 Questions— 9 March 2010. Written Answers % € June-September 2009 — %% € October-December 2009 Q3 — Q4 Table 2: Prompt Payment Returns by Government Departments % within 30 days within 30 days within 30 days within 30 days within 30 days within 30 days within 30 days within 30 days total value paid payments payments payments total value paid payments payments payments Government Departments value of overall value of No. of No. of value of overall value of No. of No. of Government* Resources* Arts, Sport & TourismCommunity, Rural and Gaeltacht Affairs*EducationHealth and Children*TransportFinance 100DETEAgriculture, Fisheries & FoodForeign Affairs 1,822,145Social and 100 Family AffairsTaoiseachDefence 99Environment, Heritage 100 and Local 5,628,540Justice, Equality & 100 Law Reform 99Communications, Marine and Natural 99 3,385,837 100 563Total 126,669,840 100 99 37,485,663*Q3 figures revised 98 due 100 to 1,111,183,880 non-business 99 payments 99 e.g. grant 100 payments included 98 98 by 732 some Departments 98 in 99 114,452,841 previous table 100 published. 8,197,705 14,015,332 99 1,009 22,710,562 60,540,733 1,721,903 100 78 99 5,489,564 4,359 38,624,804 99 14,464 97 100 4,835 96 100 100 3,000,032 97 87 76,628,546 100 4,732,167 4,192 1,257 99 4,591 100 97 2,444 2,338 2,076,516 98 703 99 184,765,623 1,202 9,439 99 26,802,795 686,005,133 99 100 100 99 100 525 96 13,274 1,629,836,023 96 100 99 135,341,483 570 99 5,395,130 6,796,580 42,435,723 8,340,111 836 99 5,346 87 95 4,337,815 11,317 42,680,118 4,425 99 98 95 98 65,224 2,544,361 37,169,992 94 98 5,226 3,890 970 1,913 1,958 93 98 8,318 964 10,665 1,191,145,450 459 57,560

476 Questions— 9 March 2010. Written Answers

Redundancy Payments. 68. Deputy Róisín Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of claims for redundancy payments waiting to be processed within her Department at the latest date for which figures are available; the average waiting time taken to process a claim; the steps that are being taken to speed up this process; and if she will make a statement on the matter. [11384/10]

95. Deputy Róisín Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of redundancies notified to her Department in each year from 2002 and to date in 2010; the number of projected redundancies for 2010; the amount of money paid out in statutory redundancy payment in respect of each year from 2002 to 2009; and if she will make a statement on the matter. [11383/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I propose to take Questions Nos. 68 and 95 together. Table 1 attached sets out the number of statutory redundancies for the years 2002 to 2009 and provisional figures up to end February, 2010. These figures reflect the number of employees who actually qualified for statutory redundancy lump sum payments. They do not reflect those who lost their jobs with less than two years service in employment. It is not possible to project the number of redundancies which will arise in 2010 as this will depend on a number of factors, including economic factors and the rate of recovery in the economy. However, the figures available for the first two months of 2010 suggest that the pattern, which became evident in 2009 of an average weekly intake of 1,500 new claims, is unfortunately continuing. Table 2 sets out the monies paid out of the Social Insurance Fund in respect of redundancy claims for the years 2002-2009 and up to end February, 2010. It is not possible to project the amount which will be paid out in 2010 as this will hinge on a number of variables including the number of claims received, the length of service of the claimants etc. The latest figures available to the end of February 2010 indicate that the number of redundancy claims on hand and awaiting processing stands at 39,704. I should point out that my Department has, in 2009, processed 50,664 claims, up 70% on last year, and made corresponding payments totalling €336m which results in average weekly payments to the value of €6.5m being issued. In the period 2007-2009, the level of new claims lodged with my Department has increased cumulat- ively by 200%. This contrasts with the previous two-year period 2005 — 2007 in which period the increase in new claims lodged was just 10%. My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social and Family Affairs. There are two types of payment made from the SIF — rebates to those employers who have paid statutory redundancy to eligible employees, and statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation. The Redundancy Payments Section of my Department is currently processing rebate applications submitted by post from June 2009 and those filed on- line from August 2009, so that the waiting time is approximately 6 to 8 months depending on the manner of filing the application. In respect of lump sum payments paid directly to employees in instances where employers are unable to pay the statutory redundancy entitlements, the Section is, in general, processing claims dating from August 2009. I should point out that efforts have been made by the Tánaiste and myself to deliver more acceptable turnaround processing times for redundancy payments given the difficulties that this gives rise to for both individual employees and the business community. Measures already taken include:

477 Questions— 9 March 2010. Written Answers

[Deputy Dara Calleary.]

• the reassignment of 26.7 additional staff (full time equivalents) from other areas of the Department to the Redundancy Payments area since early 2009 with ongoing review of trends and demands. The current number of staff serving in the Redundancy Payments Section in terms of full time equivalents is 52.5;

• the prioritisation of the Department’s overtime budget towards staff in the Redundancy Payments Section to tackle the backlog outside normal hours;

• the establishment of a special call handling facility to deal with the huge volume of telephone calls from people and businesses who are naturally concerned about their payments, using the facilities and cooperation of the National Employment Rights Auth- ority (NERA). This centre has received an average of 12,500 calls per month this year with an estimated 60% relating to redundancy payments;

• the provision of better quality information relating to current processing times on the Department’s website;

• tngagement with the Revenue Commissioners to facilitate the offset of redundancy rebate payments by employers against outstanding tax liabilities with the Revenue Com- missioners.

The Tánaiste and I are monitoring closely the impact of these changes against the continuing influx of redundancy claims and it is clear that additional measures are required to help reduce the backlog of claims which currently stands in excess of 40,000. The Department is currently actively engaged in efforts to secure up to 16 additional staff resources deployed to the area in the first quarter of 2010.

Table 1: Actual Statutory Redundancies for years 2002 to 2009 and up to end February 2010

Levels of redundancy claims lodged 2002 — February, 2010:

2002 2003 2004 2005 2006 2007 2008 2009 2010*

24,432 25,769 25,041 23,156 23,684 25,459 40,607 77,001 12,371 *Provisional figures.

Table 2: Expenditure on Statutory Redundancies for years 2002 to 2009 and up to end February, 2010

(€000)

2002 2003 2004 2005 2006 2007 2008* 2009* 2010*

53,978 88,933 152,162 149,172 166,483 183,328 193,711 336,404 69,811 *Provisional figures.

Departmental Agencies. 69. Deputy Kathleen Lynch asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on the recent publication of the report of the Comptroller and Auditor General on internal control and governance in FÁS; and if she will make a statement on the matter. [11369/10] 478 Questions— 9 March 2010. Written Answers

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The report referred to by the Deputy identifies procedural deficiencies in financial controls and governance in FÁS. However, it is important to point out that it also concludes that transactions processed were, in the vast majority of cases, for the benefit of the Agency, and that transactions comprised in its annual accounts were properly chargeable for its objectives. I have sought and received assurances from FÁS that internal controls are now being fully complied with. Specifically, it has, among other actions, now:

• restructured and significantly tightened controls in the Corporate Affairs function of FÁS, which had been at the centre of the C&AG’s investigation;

• approved new procurement procedures and is undertaking a full audit of all procurement locations, which will be completed by the end of 2010; and

• put in place new procedures for reporting significant control failures, ensuring appropriate corrective action is taken.

The enactment in January 2010 of the Labour Services (Amendment) Act 2009 and the appointment of a new Chairman and Board provides for a stronger, more efficient and accountable governance structure at the Agency and will help it to focus fully on its core mission, at the centre of which is to provide relevant and high quality employment and training programmes to those who are unemployed.

Question No. 70 answered with Question No. 50.

Company Closures. 71. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the decision to close a company (details supplied) in County Louth with the loss of 200 jobs; the steps that are being taken to find replacement jobs for the area; and if she will make a statement on the matter. [11361/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I have asked the State Agencies under the remit of my Department to engage as a matter of urgency with the workers concerned.

Job Losses. 72. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Enterprise, Trade and Employment when her Department was notified of the intention of a bank (details supplied) to close its retail network; the discussions she has had with the bank involved with a view to saving any of these jobs; and if she will make a statement on the matter. [11363/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I understand from IDA Ireland that the jobs involved in this case were not in the internationally traded services category and that IDA did not have dealings with the Bank in relation to the jobs. Regulatory and other public policy matters in relation to domestic banking operations in Ireland are within the remit of the Minister for Finance. Should any issues arise for my Depart- ment from the matter, for example redundancy applications, these will of course be processed in the normal way.

Unemployment Levels. 73. Deputy Willie Penrose asked the Tánaiste and Minister for Enterprise, Trade and

479 Questions— 9 March 2010. Written Answers

[Deputy Willie Penrose.] Employment if her attention has been drawn to figures produced by the Central Statistics Office which show that young men under the age of 25 years are the main casualties of the job crisis and that two out of every three young men are out of work in counties Donegal, Limerick and parts of Louth; the steps that are being taken to address the particular problem of unemployment among young men; and if she will make a statement on the matter. [11357/10]

93. Deputy Jim O’Keeffe asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment if her attention has been drawn to the increase in unemployment in rural Ireland and in particular in the south west; and her plans for dealing with same. [11240/10]

136. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the action she has taken to address the growing number of unemployment black- spots throughout the country; and if she will make a statement on the matter. [11676/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I propose to take Questions Nos. 73, 93 and 136 together. The Government recognises that unemployment is a major problem impacting on every county in Ireland. It is a problem that is affecting both rural and urban society. Due to the severe downturn in the construction sector I am also very aware that unemployment is having a disproportionate impact on young men. Two thirds of those signing onto the Live Register are male and 12.5% are male and under 25 years of age. The Government is committed to addressing Ireland’s unemployment problem and has put in place a range of measures designed to support those who are unemployed get into employment as soon as possible. For instance to enable unemployed individuals, including young men under 25 years of age, to continue to access education, training and work experience programmes, the Government has significantly expanded existing activation provision. My Depart- ment will this year deliver approximately 147,000 training and work experience places for the unemployed compared to the 66,000 places that were delivered in 2008. This additional provision has been achieved through increased resources, providing an increased range of different course types and introducing new initiatives such as the Work Placement Programme. Under this programme, participants can avail of a work experience placement of up to nine months. In addition, there is also specific provision aimed at early school leavers such as the Youthreach programme, which currently has 6,000 places. It has also been decided that certain cohorts of the unemployed are accorded priority access to the current range of supports. These cohorts are as follows:

• People with low skills or education levels, i.e. unemployed people who do not have a Leaving Certificate qualification or equivalent;

• People who are on the Live Register for long periods (over one year) — this includes people who are in receipt of Jobseeker’s Allowance/Benefit for one year or longer;

• People who are under 35 years of age, with at least 30% of training places reserved for those aged under 25 years;

• People who were previously employed in sectors that have been most affected by restructuring and where recovery to near previous levels is not in prospect in the short to medium term (mainly construction, manufacturing and wholesale/retail trade).

480 Questions— 9 March 2010. Written Answers

The Government announced in Budget 2010 a new Labour Market Activation Fund, which will be for innovative proposals over and above mainstream training provision for the unemployed. This Activation Fund will focus training on the low skilled and those in structural unemployment including those formerly employed in the construction, retail and manufacturing sectors. Priority will be given to those under 35 years of age and the long term unemployed. It is expected that this Fund will provide at least 3,500 training places next year. A call for proposals will issue shortly, which is expected to lead to increased education and training provision this year and to assist young people currently unemployed.

74. Deputy Joan Burton asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the steps she will take to address the continuing employment crisis in view of the continuing high level of unemployment indicated by the live register figures; her plans to provide new training opportunities for persons who have lost their jobs and to encourage the creation of new employment opportunities; and if she will make a statement on the matter. [11359/10]

99. Deputy Willie Penrose asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps she is taking to combat the continuing high level of unemployment as indicated by the February 2010 live register figures and ongoing announcements of job losses; and if she will make a statement on the matter. [11358/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I propose to take Questions Nos. 74 and 99 together. The recent Live Register statistics for February showed that 436,956 people were signing on. It is important to say that of these 275,475 (63%) were signing on the Live Register on a full week basis representing an unemployment rate of 7.9%. While this remains far too high it should also be noted that it represented a month on month increase of 20 people. In fact when seasonally adjusted figures are taken into account there has been a decrease of 2,300 people from the Live Register last month. The Government has adopted several measures to combat high unemployment levels. These are focussing on creating new jobs, protecting existing employment and providing the necessary supports to the unemployed to get them back into employment as soon as possible. In relation to job creation, my Department’s enterprise development agencies, IDA Ireland, Enterprise Ireland, Shannon Development and the County and City Enterprise Boards are continuing to support the creation of new job opportunities. Last week I launched “Horizon 2020” IDA Ireland’s strategic blueprint for attracting Foreign Direct Investment into Ireland in the coming decade. With this strategy IDA Ireland will target the delivery of over one hundred thousands new jobs by 2014. In Budget 2010 the Government announced the introduction of a new jobs stimulus measure, the Employer Jobs (PRSI) Incentive Scheme. Under the scheme, where an employer creates a new job and takes on a person who has been unemployed for 6 months or more, the employer will be fully exempted from the liability to pay PRSI for the first year of that employment. This will give employers an 8%-10% saving on employment costs for each new job created. To protect vulnerable employment my Department has introduced the €100 million Enterprise Stabilisation Fund and the €135 million Employment Subsidy Scheme. These initiatives aim to support companies experiencing difficulties because of the current economic climate. It is expected that the Employment Subsidy Scheme, which is designed to support the maintenance of vulnerable jobs and prevent people from being made redundant will either directly or indirectly support approximately 80,000 jobs this year.

481 Questions— 9 March 2010. Written Answers

[Deputy Mary Coughlan.]

Employment Rights. 75. Deputy Emmet Stagg asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment when it is intended to publish anti-victimisation legislation designed to protect those who choose to join a trade union and which was promised by March 2009 under the review of Towards 2016; and if she will make a statement on the matter. [11385/10]

96. Deputy Joanna Tuffy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment when she will publish legislation to address employee representation at work which was promised by June 2009 under the review of Towards 2016; and if she will make a statement on the matter. [11386/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I propose to take Questions Nos. 75 and 96 together. The Towards 2016 Review and Transitional Agreement 2008 — 2009 (paras 9.1 — 9.3) provides for the establishment of a review process to consider the legal and other steps necessary to enable the employee representation mechanisms that had been established under previous agreements — and in legislation — to operate as they had been intended. The Agreement (para 9.4) also commits the Government to bringing forward legislative proposals to prohibit the victimisation of trade union members and to prohibit the incentivisation of persons not to be members of a trade union. In furtherance to these commitments, two informal meetings took place late last year, chaired by the Department of the Taoiseach and at which my Depart- ment; the Department of Finance; trade unions; and employers were represented. Position papers were prepared by the employer and trade union representatives on the issues which they saw as requiring to be addressed by any new legislation in this area. While consideration is continuing within Government on proposals to address the issues involved, progress in bringing the work to a conclusion will have to take account of other priority legislative commitments to be delivered in the employment area, resource constraints within Departments, and the extent of agreement between the trade union and employer sides in this area.

Question No. 76 answered with Question No. 54.

Unemployment Levels. 77. Deputy John O’Donoghue asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the unemployment problem in County Kerry; her plans through State agencies or otherwise to address these problems; if she will put in place a task force to address the problem in a meaningful way; and if she will make a statement on the matter. [11119/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I would refer the Deputy to the detailed reply given to PQ No.63 in today’s Order Paper. I will be glad to discuss the issues raised directly with the Deputy.

482 Questions— 9 March 2010. Written Answers

FÁS Training Programmes. 78. Deputy Ciarán Lynch asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment her views on the fact that the collapse in the number of registered apprenticeships could lead to serious skills shortages when economic recovery occurs; if the number of newly registered apprenticeships fell to just 85 in January 2010; and if she will make a statement on the matter. [11365/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Apprenticeship is a demand driven educational and training programme for employed people aimed at developing the skills of the apprentice to meet the needs of industry and of the labour market. The number of apprentices registered in the month of January 2010 was 82, and 119 apprentices were registered by employers for the month of February 2010. The current level of registrations is in line with the registration level expected at this time and reflects the level of activity in the industry. In terms of the skills requirements that will be needed in the future, the Department’s policies will be guided inter alia by the Expert Group on Future Skills Needs which reports regularly to the Minister for Enterprise, Trade & Employment. I refer the Deputy to the reply provided to Question No 11427/10, for answer today in this context also.

Industrial Development. 79. Deputy Denis Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps she is taking to support enterprise development in the midland and western regions; and if she will make a statement on the matter. [11122/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Due to industrial action it is not possible to provide the information requested.

Economic Competitiveness. 80. Deputy Richard Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment her plans for a co-ordinated programme of actions on competitiveness. [5241/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Ireland has consistently been regarded amongst the most competitive economies in the world for supporting enterprise. Reports such as the ‘IBM Global Location Trends Annual Report 2009’ that was published in October of last year ranked Ireland 1st for attracting FDI on a per capita basis. They listed our key strengths in services and R&D as the reason for topping the list. Similarly, the World Bank’s ‘Ease of Doing Business 2010’ ranks Ireland 7th out of 181 countries, unchanged from a year previously. In January of this year, Ireland was ranked the third most globalised nation, according to an index published by Ernst & Young at the World Economic Forum in Davos. The index is measured by a country’s openness to trade, movement of capital, exchange of technology and ideas, labour movements, and cultural integration. Even though we face significant challenges, it is important to point to these enduring strengths. Ireland is still recognised as a prime location for enterprise to develop. Many International Agencies have supported Ireland’s decisive action to bring Government spending into line and to stabilise the banking situation, and believe that we are on the right track. Importantly too the international funding markets have shown their faith in the Irish economy by lending at improving interest rates. In parallel to these fundamental steps, the Government has also moved to improve our competitiveness. A number of areas are being prioritised, including labour costs, government controlled prices and costs, minimising the regulatory burden and increasing the level of competition in our economy. Business costs have

483 Questions— 9 March 2010. Written Answers

[Deputy Mary Coughlan.] fallen: wage bills, asset prices, energy and prices in general have responded to the effects of recession and corrective government action. Competition in key sectors of the economy is being intensified. The Consumer Price Index fell by 3.9 per cent in the twelve months to January 2010. The HICP — the harmonised European measure — fell by 2.6 per cent to December 2009, the largest decline in the euro area. This narrowing in the differential in prices is very much to be welcomed and clearly will help the competitiveness of Irish businesses. I am conscious that further improvement in Ireland’s competitive position will foster economic growth. I am continuing to work with a number of Departments to ensure that the actions already taken are consolidated and further improvements are achieved during 2010 and beyond.

Job Creation. 81. Deputy Eamon Gilmore asked the Tánaiste and Minister for Enterprise, Trade and Employment her most recent contacts with an airline (details supplied) regarding the possible location of up to 300 aircraft maintenance jobs at Dublin Airport; and if she will make a statement on the matter. [11366/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): My most recent contacts with Ryanair were a meeting I had with its CEO Mr Michael O’Leary on Tuesday 16 February, followed by a letter I wrote to Mr O’Leary on 18 February and letters I received from him on 19 February and 25 February. Mr O’Leary also responded on 19 February to a letter of 18 February from Shannon Development, one of the agencies under the aegis of my Department, which offered Ryanair the opportunity to consider locating aircraft maintenance operations in Shannon if it were not satisfied with the options on offer at Dublin Airport. At the time that SR Technics announced that it was withdrawing from maintenance operations in Dublin Airport, I, as Minister for Enterprise, Trade and Employment, stressed to all parties that I would very much welcome if the buildings and machinery used in the SRT operation could remain available for the carrying out of maintenance operations. This appeared the best way of securing jobs for ex-SRT workers and maintaining industrial employment, of the type promoted by my Department and its agencies, at Dublin Airport. With this in mind, a process to hear and consider expressions of interest from any parties interested in continuing maintenance operations at the site was put in place and operated by IDA and Enterprise Ireland. A number of developments have since occurred. Dublin Aerospace has commenced operations, with 70 initial employees recruited, to operate a Main- tenance, Repair and Overhaul (MRO) facility. The company expects the number of jobs to grow to 226. The Garage business unit of SR Technics has been taken over by the M50 Truck and Van Centre who were successful in securing the airside vehicle maintenance contract from SR Technics. Aer Lingus has decided to undertake, with the transfer of a number of employees, line maintenance operations previously contracted to SRT. Ryanair’s interest in carrying out heavy maintenance operations, initially aiming to employ 500 and more recently 300, was always based on a proposal to carry out this work in Hangar 6, which it regarded as the only suitable building among the six hangars for maintenance of this type. As matters progressed, I was informed by the DAA, Aer Lingus and the Department of Transport that Hangar 6 continued to be occupied by maintenance operations carried out on Aer Lingus aircraft, that Aer Lingus continued to hold legal rights to have its maintenance carried out in this hangar, and that Aer Lingus had indicated that it wished to continue to avail of this. This position has been reiterated recently and the Government has received legal advice that there is no legal means by which either the Government or the DAA can secure Hangar

484 Questions— 9 March 2010. Written Answers

6 for the Ryanair project in circumstances where Aer Lingus continues to exercise its legal rights to remain in the Hangar. In my recent exchanges with Ryanair I have emphasised that the Government remains anxious, in any way that is open to it, to facilitate Ryanair to deliver its proposal on 300 jobs. This can still be facilitated through existing Hangar space in Dublin Airport, or through an entirely new Hangar at Dublin or Shannon Airports built to Ryanair’s requirements. Tempor- ary facilities are if appropriate available in a short time-scale in Dublin or Shannon to facilitate maintenance operations while more permanent accommodation is being finalised. Mr O’Leary has, however, also confirmed that he is only interested in establishing a maintenance facility in Hangar 6 in Dublin.

Question No. 82 answered with Question No. 54.

Industrial Disputes. 83. Deputy Jan O’Sullivan asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on the report of the inquiry into the dispute between a union (details supplied) and employers in the electrical contracting industry; and if she will make a statement on the matter. [11375/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): On 15 December 2009, the Tánaiste and I published the independent report into the industrial relations dispute between the Technical Engineering and Electrical Union and Employers in the electrical contracting industry that resulted in a nationwide strike in July, 2009. The report was commissioned under Section 38 (2) of the Industrial Relations Act 1990. The report focuses attention on the areas that can be usefully addressed to improve relationships between all the parties in the electrical contracting sector. It affords all stakeholders a timely opportunity for reflection on the best means of achieving a comprehensive integrated solution to all the issues raised in the context of the dispute. The report sets out a series of recommendations that highlight the scope for

• effecting improvements in the representative decision making structures dealing with industrial relations issues in the sector;

• adapting the current sectoral collective agreement to the changing needs of the sector and the wider economy in the current environment; and

• effecting improvements in the current system for achieving compliance with employment standards within the sector.

The main thrust of the recommendations in the report is directed to the stakeholders in the electrical contracting sector. There are also a number of areas in which the report has highlighted how the State’s industrial relations agencies together with the public bodies responsible for the public procurement policy, can assist those involved in establishing better and more inclusive negotiating arrangements. My Department had written to representatives of all stakeholders involved in the sector encouraging them to consult within their organisations on the conclusions and recommendations in the report and inviting them to participate on an Imple- mentation Group comprising of representatives of those organisations who have accepted the conclusions and recommendations of the Report. A number of the stakeholder bodies requested additional time to consider the report and one response is still awaited.

485 Questions— 9 March 2010. Written Answers

[Deputy Dara Calleary.]

Both the Tánaiste and I endorse the main conclusion of the report that the National Joint Industrial Council should be reformed through the introduction of new rules. I agree, moreover, that the establishment of an Implementation Group inclusive of all those with an interest in restoring stable and orderly industrial relations to the sector would provide the best means of completing that task.

Departmental Staff. 84. Deputy Liz McManus asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of staff employed in her Department; the number of staff dedicated to labour market issues; and if she will make a statement on the matter. [11392/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The total number of staff employed in my Department on 1 March 2010 was 988.62 (full time equivalents). The following Business Units of my Department deal with labour market issues:

Labour Force Development Division • Employment and Training Strategy

• Policy Unit on Employment

• European Social Fund Policy & Operations

• Labour Market Policy

• Work Permits

Employment Rights & Industrial Relations • Industrial Relations

• Employment rights

• Redundancy Payments

• Insolvency Payments

• Health and Safety Policy / Liaison

• Employment Rights Legislation

The following Offices of my Department also deal with labour market issues:

• Employment Appeals Tribunal

• National Employment Appeals Authority (NERA)

• Labour Court

• Labour Relations Commission

The number of staff employed in these Units and Offices is 370.86 (full time equivalents).

Departmental Funding. 85. Deputy Seán Sherlock asked the Tánaiste and Minister for Enterprise, Trade and

486 Questions— 9 March 2010. Written Answers

Employment the number of companies that have applied to date for assistance under the €100 million enterprise stabilisation fund; the number of applications accepted; the amount paid out to date in 2010; and if she will make a statement on the matter. [11381/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Enterprise Stabilisation Fund was established by Government in 2009 as a 2 year scheme to support viable but vulnerable exporting companies experiencing difficulties because of the current economic climate. Client companies of Enterprise Ireland, IDA, Údarás Na Gaeltachta and Shannon Development across all sectors within manufacturing and internationally traded services are eligible to apply. In 2009, €58m was spent on 180 projects, supporting approximately 7,500 jobs. To date in 2010, 26 applications have been received of which 9 companies have been approved to provide support for some 200 jobs. A total of €3.265m has been paid out in 2010 relating to approvals given in 2009. Payments for 2010 approvals are currently being processed.

Industrial Disputes. 86. Deputy Emmet Stagg asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment if she will use the powers available to her under section 38 of the Industrial Relations Act 1990 to request the Labour Court or the Labour Relations Commission or another person or body to conduct an inquiry into the industrial dispute at a company (details supplied) in County Kildare; and if she will make a statement on the matter. [11373/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): Section 38 of the Industrial Relations Act, 1990, enables the Minister to refer an actual or potential dispute to the industrial relations dispute settlement bodies in the interests of securing a resolution to the dispute. As a welcome settlement has finally been achieved in this industrial dispute, the matter does not arise.

Community Employment Schemes. 87. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Enterprise, Trade and Employment if she, in consultation with FÁS, will examine the prospect of extending the community employment scheme to persons under 35 years who are in receipt of social welfare benefits in view of the high number of young persons who are on the live register; and if she will make a statement on the matter. [11133/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): Young persons continue to be a particular priority group for FÁS. In 2009, 46% of trainees who were placed into a FÁS training initiative or other training or educational programme after interview and assessment by FÁS through the National Employment Action Plan (NEAP) were under 35 years of age. FÁS expects a similar proportion to avail of its training services this year, particularly in bridging and foundation and skills training programmes to help further both the technical and personal development of participants. The Government will continue to support the positive role of CE in meeting the needs of long-term unemployed persons while at the same time providing essential services to communities. This Department will keep the operation of the Scheme under review in the context of the current unemployment situation.

Proposed Legislation. 88. Deputy Ruairí Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the position regarding the work of the company law review group; the timeframe for the

487 Questions— 9 March 2010. Written Answers

[Deputy Ruairí Quinn.] publication of legislation following the reports of this group; and if she will make a statement on the matter. [11378/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): In accordance with Section 70(1) of the Company Law Enforcement Act 2001, the Company Law Review Group’s (CLRG) Work Programme is assigned by the Minister for Enterprise, Trade & Employment every two years. I expect to receive the Report of the Group on its 2008-2009 Work Programme before the end of March. Following consideration by the Government, the Report will be laid before both Houses of the Oireachtas. While there is no obligation on my part to legislate in respect of any recommendation from the CLRG, the main focus of the Group’s work to date has been in relation to the General Scheme of the Companies Consolidation and Reform Bill which was published in July 2007. The Government subsequently approved the drafting of a Bill along the lines of the General Scheme. The proposed Bill will consolidate the existing Companies Acts, dating from 1963 to 2009, as well as other regulations and common law provisions relating to the incorporation and operation of companies, into a single Act comprising more than 1,300 sections. Given its size and complexity it is envisaged that the Bill will not be published until October 2010 at the earliest.

89. Deputy Pat Rabbitte asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment when she expects to publish the legislation (details supplied) to clamp down on crony capitalism, to restrict cross-directorships and to prevent one person fulfilling the dual role of chair and chief executive of any company; and if she will make a statement on the matter. [11380/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The remarks attributed to the Minister for Finance in the interview in question would, no doubt, have been made with the banking sector in particular in mind. Policy responsibility for the banking sector is a matter for my colleague the Minister for Finance. In the area of company law that falls within my responsibility, the Office of the Parliamentary Counsel is currently drafting the Company Law Consolidation and Reform Bill. It sets out the corporate duties of directors, company secretaries and auditors on a general basis across all sectors. The Bill will implement the recommendations of the Company Law Review Group in that the fiduciary duties owed by directors to the company will be stated in the new companies code. At present company law does not prohibit cross directorships, whereby a person is a director of more than one company at the same time. The general position is that a person may not be a director of more than 25 companies subject to certain specific exceptions. Directorships of public limited companies (plcs) are not included in the limit of 25. Any consideration of a change in this position for the general cohort of companies operating in Ireland would need to take account of the contribution that non-executive directors make by imparting their mix of expertise and the cross fertilisation of ideas from other areas of the business community. The Companies Acts do not prevent a person fulfilling the dual role of chair and chief executive of a company. This would in my opinion be unworkable for smaller companies. However, the Combined Code of Corporate Governance which applies to companies whose securities are listed and traded on the Irish Stock Exchange does provide that the roles of chairman and chief executive should not be exercised by the same individual. The “comply or explain“ principle, which is now enshrined in law under Statutory Instrument 450 of 2009, requires companies to meet the best practice guidelines or explain publicly why not. The Government and I are committed to ensuring that our corporate governance regime for the

488 Questions— 9 March 2010. Written Answers corporate sector generally, accords with best international practice. We will take account of the lessons which emerge from current enquiries and reviews arising from recent developments and we will address, as appropriate, any concerns in this area including by way of legislation if necessary.

Industrial Disputes. 90. Deputy Jim O’Keeffe asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment her views on the increase in the number of days lost to strike action in 2009, which according to the latest figures from the Central Statistics Office increased from 4,179 in 2008 to 329,706; if she has measures in place to improve this situation; and if she will make a statement on the matter. [11241/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): During 2009 there were 329,706 days lost to industrial disputes as compared with 4,179 days lost in 2008. The majority of days lost in 2009 were due to two major strikes that occurred in the second half of the year. Both of these disputes together accounted for approximately 90% of the total days lost during 2009. The two main disputes were first, the national Public Sector dispute that took place in November and secondly, the dispute involving elec- tricians employed in the electrical contracting sector that occurred in July. While the increase in the number of days lost through industrial disputes reflects a more turbulent economic and business environment, the incidence of strikes in Ireland remains historically low. The total of days lost through industrial disputes in 2008 constituted the lowest ever level of industrial action since records began to be compiled in 1922.

Banking Sector Regulation. 91. Deputy Lucinda Creighton asked the Tánaiste and Minister for Enterprise, Trade and Employment the measures she has introduced to ensure that viable small and medium sized enterprises are not put out of business by the lack of access to credit; and if she will make a statement on the matter. [11430/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Government has taken a range of actions to sustain the banks and facilitate the flow of credit to the wider economy. The Bank Guarantee Scheme, the Banks’ Recapitalisation Scheme, the nationalisation of Anglo Irish Bank and the massive effort we have put into the entire NAMA process are all with the single purpose of getting our banking sector supporting the wider economy. NAMA is absolutely necessary to clean up the balance sheets of the banks and to create a functioning banking system in Ireland. NAMA will not solve everything nor is it all we need to do. NAMA is making banks come forward with declaring the scale of their losses up front and resulting capitalisation plans will have to involve state investment as well. As the Taoiseach has already announced, the Government’s plans to restructure the banking sector are imminent and will be announced over the coming weeks. Further Recapitalisation of the banks will feature in these plans. The Minister for Finance will shortly be issuing guidelines to ensure that businesses will have recourse to an independent, external review of decisions of credit refusal by the NAMA participating banks. It is hoped that banks not participating in NAMA or covered by the Government guarantee will also decide to join the system. The aim is to have a simple, effective review process, run by people with experience and credibility. The banks must comply with the recommendations of the review process or explain why they will not do so. In addition to dealing with individual cases, the credit review system will examine the credit policies and practices of the banks in respect of SMEs. This will help

489 Questions— 9 March 2010. Written Answers

[Deputy Mary Coughlan.] to determine what further action might be necessary to secure the flow of credit. The Minister for Finance intends to publish the analysis from the review process so that the performance of the banks participating in NAMA will be clear to all. Under the Recapitalisation Scheme additional measures were introduced to support SMEs including a commitment to increase lending capacity to SMEs by 10%, the establishment of a €100m environmental and clean energy innovation fund by each bank, the contribution of a further €15m by each bank to new or existing seed capital funds, the introduction of the banks’ Code of Conduct on Business Lending to SMEs, and the undertaking of two Independent Reviews of Bank Credit by Mazars in July and December 2009. Arising from the Recapitalis- ation Package, the Minister for Finance and I also established a Credit Supply Clearing Group with bank, business (including ISME and SFA) and State representation. This Group is responsible for identifying patterns of events where the flow of credit to viable businesses appears to be blocked and for seeking to identify credit supply solutions relating to these patterns. The Credit Supply Clearing Group is being chaired by my Department. In the context of access to finance, Irish Banks have drawn down European Investment Bank (EIB) funding for loans for SMEs. In 2009, the EIB made €300m available to Bank of Ireland, Allied Irish Banks and Ulster Bank for onward lending to SMEs carrying out investment projects. This was additional to €50m previously made available to Bank of Scotland Ireland through its UK parent. The distribution of draw-downs across institutions is of commercial sensitivity but indications are that substantial amounts of lending under the facility have been approved across a wide range of sectors. Within my own Department, the enterprise development agencies such as Enterprise Ireland, FÁS and the County and City Enterprise Boards have continued to assist enterprises through their grant and advisory schemes. Significant allocations were made in my Department’s Estimates for 2009 and 2010 to sustain the work of these development agencies. The Enterprise Stabilisation Fund and the Employment Subsidy Scheme are additional measures to make funding available to assist SMEs through the current difficulties. Government has also introduced formal arrangements to reduce the payment period by central Government Departments to their business suppliers from 30 to 15 calendar days. This commitment has effect on all valid invoices received on and from 15 June 2009 and is helping cash flow difficulties for enterprises. I published returns for the quarter ending 31 December 2009 on my Department’s website last Friday, 5 March 2010. Central Government Departments are generally paying 97.9% of their invoices by value within 15 days. I have re-convened the Small Business Forum to gain its assessment and views on the impact of the current economic situation on the needs of the SME sector as it positions itself for recovery. The SBF will also consider the new arrangements now necessary for ongoing structured dialogue between policy makers and stakeholders in the sector to ensure a continued common understanding of all the issues and the potential means of address. I also recently confirmed that work is underway within my Department on the examination of a possible scheme of Loan Guarantees for the SME sector. Enterprise Ireland and Forfás have carried out examinations of loan guarantee schemes in the UK and in some other countries. Forfás, together with the Department, is carrying out a further examination on the matter. A properly tailored and targeted scheme could prove successful in assisting viable companies secure credit that they might not otherwise get. It will be necessary to ensure that any scheme developed directly assists businesses while at the same time safeguards the taxpayer. SMEs are central to our economic development and the range of measures and supports in place will

490 Questions— 9 March 2010. Written Answers be kept under review to ensure that they continue to help the sector adapt to the current economic climate.

Job Losses. 92. Deputy Michael D. Higgins asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the announcement of the loss of 175 jobs at a company (details supplied) in County Galway; the steps that are being taken to secure alternative employment, especially having regard to the high level of other job losses in the area. [11362/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): In February, 2010 Boston Scientific announced that 175 staff at their Galway plant on temporary contracts were being released from these contracts. These temporary positions are increased and reduced in line with business demands. The medical devices company confirmed that the site is not at risk and remains strongly committed to its operations in Ireland, which are making a significant contribution to the organisation’s global business. In 2009 Boston Scientific announced a €91m investment at the Galway plant creating 45 high calibre jobs. The company continues to employ close to 3,000 people in Ireland, and IDA Ireland continues to work with Boston Scientific to maximise all opportunities for further investment in Galway. There are 48 IDA supported companies in Galway City and County, employing some 8,912 in permanent jobs, and a further 912 in temporary and contract employment. IDA supported medical technology companies now account for over 5,800 employees in the county. IDA Ireland is actively working with new and existing overseas companies in Galway to encourage them to grow and expand. A number of significant investments for the County were announced over the past year from companies such as StreamServe Inc., Hewlett Packard, Buy.com, Lumension Security, IBM Corporation and Boston Scientific. IDA Ireland, Enterprise Ireland, Galway County Enterprise Board and other interested bodies will continue to work to deliver new investment and jobs for the Galway Region.

Question No. 93 answered with Question No. 73.

Departmental Funding. 94. Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Enterprise, Trade and Employment when the labour market activation fund will issue its calls for proposals; the length of time interested parties will have to express interest; if she is satisfied that notice of the call for proposals through the Government E-tenders website and the national press will be sufficient; and if she will make a statement on the matter. [11130/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): A notice announcing the establishment of the Labour Market Activation Fund, 2010, was published by my Department on Friday 12th February 2010 in the national press. Details were also posted on the Government E-tenders website at www.e-tenders.gov.ie, and in the Official Journal of the European Union. Full information on tender requirements will be published at the time of the Call for Proposals and will be accessible electronically on http://www.etenders.gov.ie/, and through the Official Journal of the European Union. Notice of the Call for Proposals will also be published in the national press. I expect that this Call will be issued very shortly. The Labour Market Activation Fund is intended to support the provision of substantial innovative training and education programmes over and above mainstream measures, targeting

491 Questions— 9 March 2010. Written Answers

[Deputy Mary Coughlan.] specific priority groups among the unemployed. The purpose of the press notice was to advise those who might be interested in providing these interventions that my Department will, in the near future, issue a Call for Proposals for such services from public, private, voluntary, and not-for-profit education and training providers. I am satisfied that the time period allowed for interested parties to tender proposals will be in line with public procurement procedures.

Question No. 95 answered with Question No. 68.

Question No. 96 answered with Question No. 75.

Employment Action Plan. 97. Deputy Jack Wall asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of persons aged 18 years to 24 years who are in receipt of jobseeker’s benefit and jobseeker’s assistance who have been interviewed and directly assessed by FÁS and local employment service personnel in 2009 with a view to progression on to education, training or employment; the breakdown of the assessment; and if she will make a statement on the matter. [11390/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): A total of 12,199 persons aged between 18 and 24 were interviewed and assessed by FÁS in 2009 following referral by the Department of Social and Family Affairs (DSFA) under the National Employment Action Plan (NEAP). Of these, 4817 persons remain on the Live Register. Follow- ing the offer of a training or educational course or employment a total of 7,382 persons left the Live Register. All other job-seeking clients who present to FÁS or the Local Employment Service are offered a guidance interview with an Employment Services Officer to discuss employment opportunities, training courses, financial supports and other options, which may lead to employment. The services offered include vocational guidance/counselling, information on job opportunities, assistance with CV preparation and interview techniques, access to employment programmes and skills training or referral to a FÁS-funded Job Club. Particular emphasis is placed on the identification of training needs and on the provision of tailored responses.

Export Credit Insurance. 98. Deputy David Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment if she has completed her consideration of providing medium term export credit insurance in the context of the action plan for trade, investment and tourism; if the final draft of the plan has been presented to the Cabinet committee on economic renewal; when this plan will be published; and if she will make a statement on the matter. [11428/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): My Department is considering the merits of introducing a State supported Medium-term Export Credit Insurance Scheme (where the risk period is over 2 years), as part of our ongoing work, with other relevant Government Departments and Agencies, to prepare an Action Plan for Trade, Investment and Tourism, as mandated in the Smart Economy framework. It should be appreciated that Medium-term insurance, which caters more for large projects or infrastructural goods and services, is very distinct from Short-term cover, where the risk period is less than two years and most Irish exports do not fall into this Medium-term category. Work is ongoing, but the evidence to date points to a very limited number of companies who could benefit from such a scheme.

492 Questions— 9 March 2010. Written Answers

The new Strategy will capture the policy-position regarding credit insurance, loan guarantees etc. and set out the activity underway and required to keep viable enterprises in a competitive position vis-à-vis their international counterparts. The new strategy will focus on high growth emerging markets such as China, as well as on our existing key trading partners and its aim will be to increase our exports/investments to and in these markets. It will also bring further focus and coherence to Ireland’s single-minded pursuit of our international economic and commercial interests. The draft Strategy will be presented to the Cabinet Committee on Economic Renewal in due course, prior to its finalisation later this year.

Question No. 99 answered with Question No. 74.

Consumer Protection. 100. Deputy Jan O’Sullivan asked the Tánaiste and Minister for Enterprise, Trade and Employment the position regarding the draft consumer rights directive; if she is satisfied that the existing rights of consumers here, such as the right to reject, will be retained; and if she will make a statement on the matter. [11376/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The proposal for a Consumer Rights Directive was published in October 2008 and brings together in updated and consolidated form four existing Directives on doorstep selling, distance sales, consumer sales and guarantees, and unfair contract terms. Unlike the Directives it is intended to replace, the proposal has been drafted on a full harmonisation basis and, if adopted on this basis, would preclude member states from going beyond its protections in national legislation. In the case of a complex proposal like the proposed Consumer Rights Directive, arriving at an overall assessment of its implications for consumer rights is not a straightforward matter. Some proposals, such as the proposed extension of the withdrawal period for distance and off- premises contracts from seven to fourteen days and the provision that risk would pass with delivery in consumer sales contracts, would enhance Irish consumer rights. Other provisions, such as those on unfair contract terms, broadly reflect the existing legal position here and would neither enhance nor diminish consumer rights. Concerns about the proposal’s impact for consumer rights in Ireland centre mainly on its provisions on consumer remedies for faulty goods and in particular, as the first of the Deputy’s questions suggests, on their implications for what is known as the right to reject. By this is meant the right to return faulty goods, obtain a refund of the price, and, in so doing, to termin- ate the contract. This is a well-established feature of our sale of goods law and, though qualified by quite complex provisions on the acceptance and rejection of goods, is an important safeguard for consumers and one that materially strengthens their hand in dealing with recalcitrant traders. Though the proposed Directive makes provision for a broadly similar right to rescind the contract where goods are faulty, this applies only where the primary remedies of repair or replacement are unlawful, impossible or disproportionate, or are not made available by the trader, or fail to remedy the defect within a reasonable time or without significant inconvenience to the consumer, or if the same defect recurs more than once within a short period of time. A fully harmonised provision along these lines would, if adopted, mean that the right to reject would be a remedy of second rather than first resort for faulty goods. Though consumers are satisfied in many cases with the repair or replacement of faulty goods, the relegation of the right to reject to the status of a secondary remedy would have, and would be seen to have, an adverse effect on Irish consumer rights.

493 Questions— 9 March 2010. Written Answers

[Deputy Mary Coughlan.]

The Sales Law Review Group, which I established in November 2008, in order, among other things, to assess the implications of the proposed Directive for Irish consumer rights and law, produced a comprehensive assessment of the proposal in a position paper published in July 2009. Though the Review Group acknowledged the positive elements in the proposal, it stated that the provisions on remedies for faulty goods and a related provision that would reduce the liability period for faulty goods under Irish law from six to two years presented ‘the greatest threat to the protections currently enjoyed by Irish consumers’. My Department has taken careful note of the points made by the Review Group and the Group’s assessment has been of considerable benefit in informing our approach to the discussions on the proposed Directive. I would like to assure the Deputy that my officials have expressed our concerns about the relevant aspects of the proposed Directive in clear and forthright terms. Those concerns were restated at political level in a policy debate on the proposed Directive at last December’s Competitiveness Council. It is important to recognise however that discussions on the proposed Directive have a considerable way to go at both official and Ministerial level. The European Parliament has also recently commenced its detailed examination of the proposal. While I am not in a position to disclose the state of play of discussions on the proposed Directive, I can say that the European Commission is fully aware of our and other member states’ concerns about aspects of the proposal. In an address to the European Parliament’s Internal Market and Consumer Protection Com- mittee in March 2009, the then Consumer Commissioner, Meglena Kuneva, stated that the proposed Directive ‘does not force Member States to give up their general contract law remedies in the case of faulty goods, for example the right to reject faulty goods...’ She acknowledged the ‘understandable and legitimate concerns about crucial issues’ in member states, including the provisions on remedies and the liability period for faulty goods. The Com- missioner concluded by stating that she was ‘ready to work further on these questions’ and that ‘it may be that certain consumer rights need to be reinforced.’

101. Deputy Liz McManus asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on the recent number of cases highlighted by the National Consumer Agency in which some branches of the country’s four biggest retailers were charging customers more than the prices displayed; if she is satisfied that the law is adequate to deal with such practices; and if she will make a statement on the matter. [11371/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Consumer protection law obliges traders offering a product for sale to indicate the selling price and the unit price of that product and to ensure that the indication of the selling price and of the unit price is clearly visible. Complaints in relation to products being offered for sale where the price or unit price is not clearly visible should be brought to the attention of the National Consumer Agency who have responsibility for enforcing consumer law. Insofar as instances where a wrong indication of price is concerned, traders who provide false information in relation to the price of a product may be engaging in a misleading commercial practice and may, therefore, be committing an offence under consumer law. Again instances of such practices should be referred to the National Consumer Agency in order that they can be investigated. I am aware that the Agency is determined to ensure that consumers are provided with accurate information regarding products and services and are not exposed to unfair or misleading commercial practices. I understand that the cases referred to by the Deputy follow on from concerted enforcement activity by the Agency in this area in the course of the latter half of 2009 which involved the

494 Questions— 9 March 2010. Written Answers

Agency visiting 280 retail premises, arising from which a total of 62 separate enforcement actions were taken. I very much support the Agency’s proactive approach in this area which I am sure will act as a salutary reminder to those who would seek to mislead consumers through the provision of false information.

Question No. 102 answered with Question No. 53.

Unemployment Levels. 103. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps she will take to combat the downturn in the economy with particular reference to the need for an accelerated programme of job retention, job creation, incentivisation and employment schemes in an effort to provide short to medium term relief from unemployment; the manner in which she proposes to utilise the various appropriate groups, bodies or agencies directly or indirectly under the control of her Department with this objective in mind; if it is intended to introduce any reliefs for small to medium sized employers specifically to improve the competitiveness in the manufacturing and service areas; if she has identified particular issues with the objective of improving the economic situation; the benefits of any such measures in the past two years to date in 2010; the way this has been reflected in the overall employment situation; and if she will make a statement on the matter. [11407/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Government acknowledges that Ireland’s economy is facing many difficulties none more pressing than our high levels of unemployment. In the last two years in response to rising unemployment levels the Government has introduced a wide range of measures to combat unemployment. In the past year, to prevent unemployment I introduced the €100 million Enterprise Stabilisation Fund and the €135 million Employment Subsidy Scheme. As a result of the Employment Subsidy Scheme approximately 80,000 jobs will either directly or indirectly be supported. Since the end of 2008 FÁS employment services together with the Local Employment Services have taken measures to double their capacity to cater for the rise in referrals from the Department of Social and Family Affairs. This means that the annual referral capacity under the National Employment Action Plan rose from 78,000 persons in 2008 to a planned capacity of 154,000 persons this year. This year the total number of training and work experience activation places for the unemployed funded by my Department will be approximately 147,000. This compares to the 66,000 places that were delivered in 2008. Included in this increased provision I have introduced new initiatives aimed at supporting the unemployed. These include the Work Placement Programme, which aims to provide the unemployed including graduates with a work placement up to nine months in length and there are currently 2,000 places available on the programme. The Short Time Training programme that is providing training to those individuals who are now working reduced hours. Skillnets will now be providing training to approximately 10,000 unemployed or people on reduced working weeks. I also have responsibility for the Labour Market Activation Fund of €20 million. This fund will enable innovative proposals aimed at upskilling the unemployed to be supported. It is envisaged that the Fund will provide at least 3,500 training places. In terms of employment creation opportunities in Budget 2010 the Government announced the introduction of the Employer Jobs (PRSI) Incentive Scheme. Under this scheme, where an employer creates a new job and takes on a person who has been unemployed for 6 months or more, the employer will be fully exempted from the liability to pay PRSI for the first year of that employment. In addition Ireland’s development agencies, Enterprise Ireland, IDA Ireland

495 Questions— 9 March 2010. Written Answers

[Deputy Mary Coughlan.] and Shannon Development have undertaken comprehensive strategy reviews to ensure that they are in a position to continue to create and support employment throughout the country. As result these Agencies have re-prioritised resources towards those sectors in greatest need and those where future opportunities lie. Enterprise Ireland has a focus on the construction sector, which has included a series of seminars on exporting services in this sector. I recently launched ‘Horizon 2020’, IDA Ireland’s strategic blueprint for attracting Foreign Direct Investment (FDI) into Ireland in the coming decade. This strategy aims to attract 105,000 new jobs between now and 2015. The Government, through the Cabinet Committee on Economic Renewal will continue to review the measures available to combat unemployment.

Proposed Legislation. 104. Deputy Joanna Tuffy asked the Tánaiste and Minister for Enterprise, Trade and Employment when she will publish legislation to amend the Competition Acts to uphold the right of certain freelance workers such as actors and musicians to collective bargaining which was promised as part of the review of Towards 2016; and if she will make a statement on the matter. [11387/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): In the Review of Towards 2016 the Government committed itself to introducing amending legislation to exclude voice-over actors, freelance journalists and session musicians from the provisions of Section 4 of the Competition Act 2002. This commitment takes into account, inter alia, that there would be negligible negative impacts on the economy or on the level of competition, and, having regard to the specific attributes and nature of the work involved, is subject to consistency with EU competition rules. I intend to give effect to this commitment in the legislation being prepared in the context of a review of competition law generally, the proposed merger of the Competition Authority and the National Consumer Agency and the Report of the Media Merger Advisory Group. Work on the Heads of a Bill is at an advanced stage and I expect that the Bill will be published during 2010.

FÁS Training Programmes. 105. Deputy Kathleen Lynch asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will make a statement on the findings of the report commissioned by her Department on the FÁS science challenge programme. [11370/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): In late 2008 a number of matters came to my attention with regard to the FÁS Science Challenge Initiative including that of high expenditure and I commissioned a review of this programme. The review concluded that the initiative was outside of the main remit of FÁS, did not represent best value for money on the basis of efficiency, effectiveness and economy and that there was no evidence to show that it had in itself, contributed to the systemic goals of the Government’s Strategy for Science, Technology and Innovation 2006-13. I therefore directed my Department to make the necessary arrangements for the commencement of the orderly wind down of the Science Challenge Initiative once all existing commitments for the 2008/2009 academic year had been met. This has now been carried out.

County Enterprise Boards. 106. Deputy Denis Naughten asked the Tánaiste and Minister for Enterprise, Trade and

496 Questions— 9 March 2010. Written Answers

Employment the steps she is taking to support the role of county enterprise boards; and if she will make a statement on the matter. [11121/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): The County Enterprise Boards (CEBs) have primary responsibility for the delivery of State support to the indigenous micro-enterprise sector i.e. businesses which employ 10 or less workers. In the current economic climate entrepreneurship, and the growth and development of small Irish businesses, is central to economic recovery and it is essential that Irish enterprises continue to be supported. The CEBs play a key role in this regard and their priorities for 2010 are to assist owner/managers in enhancing the survival and sustainability of their businesses in these difficult economic times and to assist people wishing to start their own business including those made redundant. To enable the CEBs to fulfil their role I have secured funding of over €28m for the network of CEBs of which €14.9m has been allocated for Capital expenditure (including an extra allocation of €855,000 recently secured under the Revised Estimates published on 18 February). During 2010 the CEBs will ensure that this funding is targeted to maximise entrepreneurial development. This will be done not just by direct grant aid to businesses and project promoters but also through the provision of a range of other important business supports such as men- toring, business training and business advice all of which help to stimulate indigenous enterprise creation. My Department, in association with the CEB Central Coordination Unit within Enterprise Ireland (CCU), and with the CEB network, will continue to monitor the level of funding and range of support services offered by the CEBs to the micro-enterprise sector.

Question No. 107 answered with Question No. 56.

Question No. 108 withdrawn.

North-South Bodies. 109. Deputy Joe Costello asked the Taoiseach the number of North and South bodies in operation; the number and names of board members on each body; the remuneration received by each member; and if he will make a statement on the matter. [11482/10]

The Taoiseach: There are six North South Bodies in operation — Waterways Ireland, Inter- TradeIreland, the Foyle Carlingford and Irish Lights Commission (Loughs Agency), the Special EU Programmes Body, The North/South Language Body (which comprises Foras na Gaeilge and the Ulster Scots Agency), the Food Safety Promotion Board and Tourism Ireland Ltd. The British Irish Agreement which formally established the North/South Bodies provides that members of the boards be appointed by the North South Ministerial Council. Provided for in Strand Two of the Good Friday Agreement, the North South Ministerial Council brings together members of the Irish Government and the Northern Ireland Executive to consider and agree on matters of mutual interest. The British Irish Agreement further provides that the remuneration of Board members must be determined by the North South Ministerial Council, with the approval of the Finance Mini- sters in both jurisdictions. The Council agreed to reduce the fees payable to Board members at its meeting in Institutional Format in November 2009. The fees now applicable to board members of the North/South Bodies are as follows:

Chairperson — €12,600 per annum

Vice-chairperson — €10,350 per annum

497 Questions— 9 March 2010. Written Answers

[The Taoiseach.]

Member — €8,100 per annum

The current board members of the North/South Bodies are as follows:

Food Safety Promotion Board (Advisory Board) John Dardis (Chairperson)

Campbell Tweedie (Vice Chairperson)

Ken Baird

Lynn Ní Bhaoigheallain

Joe Byrne

Brian Cunningham

Aoife Healy

Susan Heraghty

Neven Maguire

Seamus Sheridan

Con Traas

Jane Wells

North South Language Body Foras Na Gaeilge Liam Ó Maoilmhichíl (Chairperson of Foras na Gaeilge/Joint Chairperson of An Foras Teanga)

Eoghan Mac Cormaic (Vice Chair)

Áine Andrews

Lucilita Breathnach

Seanna Breathnach

Adelaide Nic Cárthaigh

Peter Gallagher

Máiréad Nic Giolla Mhichíl

Liam Kennedy

Norman Henry

Éamonn Kinch

Marcas Mac Ruairi

498 Questions— 9 March 2010. Written Answers

Dónal Ó Bearra

Pádhraic Ó Biadha

Diarmuid Ó Murchú

Caoilfhionn Nic Pháidín

Tha Boord O Ulstèr Scotch (Ulster Scots Agency) John Hunter (Chairperson of Tha Boord o Ulstèr-Scotch/ Joint Chairperson of North South Language Body)

Ian Adamson

Tony Crooks

Angela Graham

William Humphrey

William Leathem

Jacqui Reed

The Foyle, Carlingford and Irish Lights Commission (Loughs Agency)

Tarlach O Crosain (Chairperson)

Jacqui McConville (Vice Chairperson)

Enda Bonner

Brendan Byrne

John Byrne

Denis Haughey

Alan McCulla

Joe Miller

John Mulcahy

Winston Patterson

Thomas Sloan

Jim Wilson

The Trade and Business Development Body (InterTradeIreland)

David Dobbin (Chairperson)

John Fitzgerald (Vice Chairperson)

499 Questions— 9 March 2010. Written Answers

[The Taoiseach.]

Brendan Butler

Ray Doherty

Vincent Parker

Sean Gallagher

Jack Gilmour

Hugh Logue

Padraig MacLochlainn

Patricia McKeown

Dr Gerard O’Hare

Tom Scott

Tourism Ireland Limited Hugh Friel (Chairperson)

Ciara Boyle (Vice-Chairperson)

Brian Ambrose

David Lyle

Robert Manson

Mandy Martin

Bill McGinnis

Howard Hastings

Moira McNamara

John Power

Shaun Quinn

Ann Riordan

The Agreement did not provide for Boards for Waterways Ireland and the Special EU Prog- rammes Body.

Question No. 110 withdrawn.

Departmental Transport. 111. Deputy Denis Naughten asked the Taoiseach the amount his Department paid annually for car mileage since 2007 to date in 2010; the amount paid to cover rail and bus tickets separately; and if he will make a statement on the matter. [11697/10]

500 Questions— 9 March 2010. Written Answers

The Taoiseach: I regret to advise the Deputy that it is not possible to provide the information requested in the time available. I will write to the Deputy with the information requested as soon as it is available.

Redundancy Payments. 112. Deputy Denis Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment, further to Parliamentary Question No. 95 of 17 February 2010, when payments will issue; and if she will make a statement on the matter. [11078/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): As I indicated to the Deputy in my previous reply, my Department has received claims for the former employees of the company concerned under both the Redundancy Pay- ments and the Insolvency Payments Schemes. The situation regarding when the claims are likely to be paid has not changed. In relation to Redundancy Payments, my Department received six statutory lump sum claims for former employees of the company over the period October/November 2009. In respect of lump sum payments paid directly to employees, such as in this instance, the Redundancy Payments Section is, in general, currently processing claims dating from August 2009. Claims are processed in order of date of receipt. I cannot confirm definite processing times for the claims in question, other than to say that the current 7 month time delay in processing lump sum claims would point to the claims being processed in May/June of this year. In relation to the claims under the Insolvency Payments Scheme, my Department received applications from the liquidator in respect of holiday Pay for 10 former employees of this company in the period November 2009 to February 2010. The Insolvency Payments Unit is currently processing claims received in September 2009. I understand that a number of queries on these claims have been raised with the appointed Liquidator which will need to be resolved in order to process the claims. I appreciate the Deputy’s interest on behalf of the persons concerned. However in relation to Insolvency Payments despite significant productivity, the backlog of claims is in excess of 5000, and efforts are being made to fill vacancies existing in the Section, and to retain experienced officers within the Unit. In relation to Redundancy Payment claims lodged with my Department, since late 2008 it has proved impossible to maintain the customer service targets that previously obtained. The scale of the challenge is evident from the statistics that show incoming redundancy claims with a cumulative figure for 2009 of 77,001. This figure exceeds the claims lodged for 2008 (40,607) by 90% and 2008 was, of itself, an exceptional year as compared with earlier years when claims received were of the order of 25,000. Efforts continue to be made by my Department to deliver more acceptable turnaround processing times for redundancy payments given the difficulties that this gives rise to for both individual employees and the business community. Measures already taken include:

• the prioritisation of the Department’s overtime budget towards staff in the Redundancy Payments Section to tackle the backlog outside normal hours;

• the establishment of a special call handling facility to deal with the huge volume of telephone calls from people and businesses who are naturally concerned about their

501 Questions— 9 March 2010. Written Answers

[Deputy Dara Calleary.] payments, using the facilities and cooperation of the National Employment Rights Auth- ority (NERA). This centre has received an average of 12,500 calls per month this year with an estimated 60% relating to redundancy payments;

• The provision of better quality information relating to current processing times on the Department’s website;

• Engagement with the Revenue Commissioners to facilitate the offset of redundancy rebate payments by employers against outstanding tax liabilities with the Revenue Com- missioners.

The Tánaiste and I continue to monitor closely the impact of these changes against the continuing influx of redundancy claims and we are currently looking at ways in which additional resources can be allocated to the area in the first quarter of 2010.

Company Closures. 113. Deputy Kathleen Lynch asked the Tánaiste and Minister for Enterprise, Trade and Employment if a company (details supplied), which went into liquidation in December 2008, had repaid the grant extended to it here; and if she will make a statement on the matter. [11099/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): In the time available it is not possible to provide the information requested.

Redundancy Payments. 114. Deputy Kathleen Lynch asked the Tánaiste and Minister for Enterprise, Trade and Employment the contact she or the Irish Ambassador has had with a company (details supplied) or the Singapore Government to secure a redundancy settlement for the former workers; and if she will make a statement on the matter. [11100/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I can advise the Deputy that under the Redundancy Payments Acts 1967-2007, the role of my Department is to ensure payment of statutory redundancy entitlements in respect of eligible employees entitled by law to a statutory redundancy lump sum on being made redundant. Currently, the statutory entitlement for eligible employees amounts to two weeks pay per year of service, plus a bonus week, subject to a maximum ceiling of €600 per week. Neither the Tánaiste or I have any role or remit in relation to the negotiation of ex gratia redundancy payments in excess of the statutory minimum levels set down in legislation. This is entirely a discretionary matter for negotiation with the employer and it would not be appropriate for the Tánaiste or I to engage in such deliberations. The company in this instance went into liquidation and the appointed liquidator submitted claims for statutory redundancy in respect of all eligible employees at the company. These claims were processed and paid out directly by my Department to the former employees of the company from the Social Insurance Fund in the first quarter of 2009. As is the case in all liquidations, my Department is currently seeking to recover from the appointed liquidator the employer’s 40% share of the liability for the redundancy payments which is due to the Social Insurance Fund.

502 Questions— 9 March 2010. Written Answers

Job Losses. 115. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Enterprise, Trade and Employment her strategy for former workers at a company (details supplied) to return to work through education and job opportunities; if she is contributing to an interdepartmental business plan in this regard; and if she will make a statement on the matter. [11115/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I refer to the answer to Question No. 7715 of 16 February 2010 in relation to the relevant Irish application for co-financing assistance under the European Globalisation Adjustment Fund. In the interim State agencies such as FÁS and Enterprise Ireland have made, and continue to make, the full range of their employment, training, guidance and advisory services available to all workers made redundant at S R Technics. I know that the full range of education programmes provided by the VEC and third level sector are also available to former workers. My officials continue to work closely with their counterparts in the Departments of Edu- cation and Science and Social and Family affairs in these contexts. In addition, Dublin Aerospace has commenced operations with 70 initial employees recruited to operate a Main- tenance, Repair and Overhaul facility. The company expects the number of jobs to grow to 226. The garage business unit of SR Technics has been taken over by the M50 Truck and Van Centre who were successful in securing the airside vehicle maintenance contract from SR Technics. Aer Lingus has decided to undertake, with the transfer of a number of employees, line maintenance operations previously contracted to SR Technics.

Departmental Agencies. 116. Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Enterprise, Trade and Employment, further to Parliamentary Question No. 81 of 21 January 2010, the reasons the staff complement of the National Consumer Agency has fallen by a third from 62 to 42 and the Competition Authority by a fifth from 54 to 43 when staff levels in other State agencies in her Department have either increased or had minor decreases; her views on the fact that the loss of such large numbers of staff will undermine the capacity of the soon to be merged bodies to function and fulfil their mandate to increase competition and protect consumers; and if she will make a statement on the matter. [11167/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): A moratorium on recruitment and promotions, applying to all public and civil service bodies, has been in place since March 2009. Recruitments and promotions cannot be made without the sanction of the Minister for Finance. This affects both the National Consumer Agency (NCA) and the Competition Authority. However, in recognition of the short-term resource problems being faced by the NCA, approval has been given by the Department of Finance to increase its staff complement to 52. The number of staff currently in the NCA is 46.2 whole-time equivalent. The amalgamation of the NCA and the Competition Authority is part of the Government’s plans for the rationalisation of State agencies. It is expected that efficiencies and synergies will result from this merger. Some cost reduction to the Exchequer in terms of certain functions being carried out by a smaller cohort of staff and associated resources will also emerge. However, a decision on the final staffing complement of the new merged body has yet to be decided-upon. As both the NCA and the Competition Authority were established under statute, it is necessary to give effect to the newly merged body by way of primary legislation. Since the date of the announcement my Department has being working, in conjunction with both bodies and the Department of Finance to bring about a smooth transition to a unified single

503 Questions— 9 March 2010. Written Answers

[Deputy Mary Coughlan.] body to oversee the area of competition and consumer protection. Work on the Heads of a Bill to provide for, inter alia, the merger of these two bodies is at an advanced stage. I hope to bring draft Heads to Government within the coming weeks and to publish the Bill during the course of the year.

Departmental Correspondence. 117. Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will consider correspondence (details supplied); and if she will make a statement on the matter. [11193/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I have given consideration to the correspondence submitted. The objective of the proposal is effectively to have the State assume the costs for non-performing property investments where business owners are paying back large mortgages for secondary properties. The suggestion is that normal repayments due in respect of these investments would be retained by the business person to spend on wages and PRSI to re-employ someone to grow the business. It is likely that any such scheme would prove to be very costly and would require significant administrative resources both in assessing individual assets and determining viable business prospects. I am not convinced that the scheme suggested represents the optimum solution in getting businesses access to finance.

Redundancy Payments. 118. Deputy Mattie McGrath asked the Tánaiste and Minister for Enterprise, Trade and Employment if the correct redundancy payment as recommended by the Rights Commissioner, on 27 October 2009, will be awarded by FÁS to a person (details supplied) in County Tipperary; when this payment will issue; and if she will make a statement on the matter. [11215/10]

119. Deputy Mattie McGrath asked the Tánaiste and Minister for Enterprise, Trade and Employment if a person (details supplied) in County Tipperary will be supplied with information as was requested from FÁS on the way their qualifications will be recognised in order that this person’s name can be put on the FÁS national register of trainers; and if she will make a statement on the matter. [11219/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I propose to take Questions Nos. 118 and 119 together. The issues referred to are day-to-day matters for FÁS as provided for under the Labour Services Act, 1987. I have requested FÁS to reply to the Deputy directly in the matters.

Grocery Industry. 120. Deputy Brian O’Shea asked the Tánaiste and Minister for Enterprise, Trade and Employment the proposals she has to introduce new regulations for the food supply chains in order to provide proper enforcement (details supplied); and if she will make a statement on the matter. [11340/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Renewed Programme for Government contains a specific commitment to “implement a Code of Practice for doing business in the Grocery Goods sector to develop a fair trading relationship between retailers and their suppliers” and “to review progress of the Code and if necessary to put in place a mandatory code”. The Government will give effect to this commitment by includ-

504 Questions— 9 March 2010. Written Answers ing a specific provision in the legislation, currently being prepared to merge the National Con- sumer Agency and the Competition Authority, which will allow for the introduction of statutory Codes of Practice in areas such as the grocery goods sector. I expect to publish this legislation later this year. In the interim period until the legislation is enacted, I intend to explore with all the relevant stakeholders the possibilities of agreeing a Voluntary Code, which would respect the interests of all parties. A Voluntary Code offers stakeholders the opportunity to develop a Code most suited to the dynamics of the Irish grocery goods sector and which could also form the basis of any subsequent statutory Code. The relationships between suppliers and retailers was also identified as an issue of concern by the European Commission in its Communication last year on “A better functioning food supply chain in Europe”. My Department is working closely with the Department of Agri- culture in relation to the issues raised in the Commission’s Communication.

Occupational Injuries. 121. Deputy Kathleen Lynch asked the Tánaiste and Minister for Enterprise, Trade and Employment her plans to introduce a compensation scheme for persons who suffer or have died of asbestosis related illness in the workplace; and if she will make a statement on the matter. [11399/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I have no plans to introduce any scheme for financial support for those suffering from any form of occupational illness. The issue of financial support for those suffering from an occupational disease, i.e., a disease contracted in the course of employment through, for example, contact with a chemical agent like asbestos, falls under the remit of the Minister for Social and Family Affairs. Such employees may be eligible for benefit under the occupational injuries benefit scheme or a number of other schemes operated by the Department of Social and Family Affairs. The remit of my Department, in relation to asbestos in the workplace, arises under occupational health and safety policy where the focus is on prevention. The Safety, Health and Welfare at Work (Exposure to Asbestos) Regulations 2006 (S.I. No. 386 of 2006), which is enforced by the Health and Safety Authority, places obligations on employers and employees to ensure that the risk of exposure to asbestos is eliminated or reduced to a minimum and that any remaining residual risk is adequately controlled in accordance with the legislation.

Community Employment Scheme. 122. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Enterprise, Trade and Employment her plans to increase community employment places; and if she will make a statement on the matter. [8251/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): In budget 2010 provision was made for an increase of 500 Community Employment (CE) places bringing the total number of places available to 23,300 during 2010. The Govern- ment will continue to support the positive role of Community Employment in meeting the needs of long-term unemployed persons while at the same time providing essential services to communities. This Department will keep the operation of the Scheme under review in the context of the current unemployment situation.

Departmental Agencies. 123. Deputy Willie Penrose asked the Tánaiste and Minister for Enterprise, Trade and

505 Questions— 9 March 2010. Written Answers

[Deputy Willie Penrose.] Employment the number of employment service officers and clerical staff in each FÁS employment office in the State at year end 2006, 2007, 2008 and 2009; and if she will make a statement on the matter. [11464/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The information requested by the Deputy is being collated and will be communicated to the Deputy as soon as possible.

Local Employment Service. 124. Deputy Willie Penrose asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of local employment service staff in each LES office in the State at year end 2006, 2007, 2008 and 2009; and if she will make a statement on the matter. [11465/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The information requested is being collated and will be communicated to the Deputy as soon as possible.

Departmental Reports. 125. Deputy Willie Penrose asked the Tánaiste and Minister for Enterprise, Trade and Employment if she conducts studies or surveys of the experiences of job seekers who interact with the public employment services here; if she will publish these surveys; if not, her views on conducting these studies; and if she will make a statement on the matter. [11466/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): FÁS commissions customer surveys of its employment services in respect of clients who have registered with the agency. These surveys are conducted externally and usually by telephone. The most recently conducted survey (2009) covered clients who registered in 2008, and included questions on client background and outcomes, frequency and means of contact with FÁS and overall satisfaction with FÁS staff and its services. The full report on the latest survey has recently been completed and will be published on the FÁS website in the coming weeks.

Employment Support Services. 126. Deputy Willie Penrose asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on the OECD report Activation Policies in Ireland published in January 2009 which found that spending here on active labour market programmes was significantly lower than in other OECD countries, that Ireland’s public employment service was under- staffed and that the proportion of staff time dedicated to implementing an activation agenda and supporting unemployed people was low; and if she will make a statement on the matter. [11467/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The OECD’s report “Activation Policies in Ireland” has provided a valuable contribution in helping to form Ireland’s response to our rising unemployment levels. The report is based primarily on statistics and information relating to 2006 and 2007. Since the report’s publication Ireland’s labour market policy and investment in the area of skills have been re-focused on the growing number of unemployed. The increased investment and priority that has been given to assisting the unemployed since the OECD report was published is clearly evident in the expansion of both job search supports and active labour market training programmes for the unemployed. FÁS has assigned

506 Questions— 9 March 2010. Written Answers additional numbers of people to its Employment Services Division and has put in place other measures to significantly expand its capacity. FÁS planned annual referral capacity under the National Employment Action Plan for this year is 154,000 places. This is more than double the equivalent 2008 capacity. In addition, this year my Department will fund the provision of approximately 147,000 training and work experience places for the unemployed. This compares to the 66,000 places that were delivered in 2008. Some of the new active labour market initiatives introduced in the last year such as the work placement programme are based on similar initiatives, which the OECD report highlighted such as the Australian “Work for the Dole” programme. The OECD report also suggested that a review of Ireland’s National Employment Action Plan be undertaken and this is currently under way. In addition, the OECD suggested that the possibility of making benefits conditional on participation in active labour market programmes be introduced. In budget 2010, the Government decided that jobseekers who refuse a job offer, work placement or offer of a course will have their Jobseekers Allowance/Supplementary Welfare Allowance personal rate reduced to €150 per week.

EU Funding. 127. Deputy Willie Penrose asked the Tánaiste and Minister for Enterprise, Trade and Employment the funding received by her Department from the European social funds in 2007, 2008, 2009 and 2010; the programmes and projects for which this funding was allocated; and if she will make a statement on the matter. [11468/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): A total of almost €122.0 million European Social Funding has been received into the Department of Enterprise, Trade and Employment accounts since 1 January 2007 to date. The amount of this funding allocated to project activity is €106.7 million and the balance of €15.3 million relates to payments on account that were received from the European Commission. This is broken down by year and European Social Fund Programme as follows:

Programme 2007 2008 2009 2010 Total

Employment and Human Resources 81,926,413.71 81,926,413.71 Development Operation Programme 2000-2006 Equal Community Initiative Programme 6,287,438.70 6,287,438.70 2000-2006 Human Capital Investment Operational 4,074,934.00 24,331,366.80 5,347,088.66 33,753,389.46 Programme 2007-2013

Total 92,288,786.41 24,331,366.80 5,347,088.66 0.00 121,967,241.87

A very large number of projects are allocated and in receipt of this European Social Funding and, as a result, it is not practically possible for my Department to provide a list of funding by project in the format requested within the timeframe allowed.

Employment Support Services. 128. Deputy Dinny McGinley asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps she is taking to maintain employment in a project (details supplied) in County Donegal; and if she will make a statement on the matter. [11480/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): In the time available it is not possible to provide the information requested. 507 Questions— 9 March 2010. Written Answers

FÁS Training Programmes. 129. Deputy Pat Breen asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment if her attention has been drawn to the difficulties which have arisen as a result of budgetary cutbacks to FÁS in respect of training and supports for the unemployed when training grants are no longer available to persons who wish do a course unless they are in receipt of a social welfare allowance; her plans to address this; and if she will make a statement on the matter. [11505/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): This year in order to address the issue of unemployment in this country, my Department will invest more than €1 billion in the provision of a range of labour force measures. The total number of training and work experience activation places funded by my Department will be approximately 147,000. This compares to the 66,000 places that were delivered in 2008 and the 130,000 places delivered last year. In order to finance this increase in training places at a time when public funds are scarce, the government has had to implement a number of changes including restricting the payment of a FÁS training allowance to those persons who are in receipt of a social welfare allowance.

Redundancy Payments. 130. Deputy Eamon Scanlon asked the Tánaiste and Minister for Enterprise, Trade and Employment the position regarding a claim in respect of a person (details supplied) in County Sligo; and if she will make a statement on the matter. [11509/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): My Department administers the Social Insurance Fund (SIF) in relation to both the Redundancy and Insolvency Payments Schemes on behalf of the Department of Social and Family Affairs. There are two types of payment made from the SIF — rebates to those employers who have paid statutory redundancy to eligible employees, and statutory lump sums payable to employees whose employers are insolvent and/or in receivership/liquidation. I can confirm to the Deputy that my Department received a rebate claim from the person concerned on 27 March 2009 and, subsequently, in January of this year received a lump sum claim in respect of another former employee indicating inability to pay the redundancy entitlement on behalf of the employer. In instances such as this where the Redundancy Section receives both a rebate and a lump sum claim from the same employer, the Department offsets the rebate amount normally payable to the employer against the lump sum amount as the latter is paid directly to employees from the Social Insurance Fund on the basis that the employer is unable to pay the statutory redundancy entitlement. In this case, the amount payable on the lump sum claim exceeds the amount of the rebate due to the employer and the Department therefore sought adequate proof of inability to pay on the employer’s behalf. I understand that the employer in this case has supplied the necessary documentation to allow the lump sum claim to be processed and this in now in process. It is not possible to say definitively when payment will be made due to the current backlog but I would hope that it will be a matter of weeks.

FÁS Training Programmes. 131. Deputy Pat Breen asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment her views on the work placement programme which is being operated in conjunction with FÁS which places an unemployed person with an employer for a nine month work experience

508 Questions— 9 March 2010. Written Answers period; if she is satisfied with the scheme; and if she will make a statement on the matter. [11511/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The work placement programme provides the unemployed with the opportunity to take up a placement in their chosen occupation and gain valuable experience or perhaps, to work in another sector that may hold better future employment prospects. While the programme is voluntary the placements offered under the programme will help to ensure that the unemployed are kept close to the labour market, are active and will enable participants to keep their skills up to date. As of 26 February 2010, 478 individuals had commenced their placements under the work placement programme. In addition, there are a further 1,105 placements currently available to be filled throughout Ireland. The programme provides individuals with an excellent opportunity to gain experience, which will be invaluable in securing paid employment in the future. While the numbers on the programme are relatively low we have witnessed a significant increase in the number of individuals taking up placements and the number of places, which are currently available. I am confident this trend will continue into the future.

132. Deputy Dinny McGinley asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of courses run at a FÁS centre (details supplied); the nature of each course; the number of instructors and other ancillary staff employed there; the number of trainees and apprentices attending courses or apprenticeships; if it is the intention of FÁSto replace the recently retired assistant manager; the future development plans; and if she will make a statement on the matter. [11515/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The information requested is being collated and will be communicated to the Deputy as soon as possible.

Work Permits. 133. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of work permits issued in each of the past five years to date in 2010; and if she will make a statement on the matter. [11673/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): Employment permit statistics for each of the last five years and up to end February are shown in the following table.

Employment Permits 2005 to end February 2010

New Permits Renewals Group Issued

2005 7,354 18,970 812 27,136 2006 7,298 16,600 956 24,854 2007 10,134 13,457 13 23,604 2008 8,481 5086 13,567 2009 4,024 3,938 7962 2010 end Feb 635 806 1,441

Job Creation. 134. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and 509 Questions— 9 March 2010. Written Answers

[Deputy Bernard J. Durkan.] Employment the number of additional jobs created in County Kildare in each of the past 12 months to date in 2010; and if she will make a statement on the matter. [11674/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): In the time available it is not possible to provide the information requested.

Community Employment Schemes. 135. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of additional community employment schemes provided or proposed in 2010; and if she will make a statement on the matter. [11675/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): This year my Department is providing funding for an extra 500 Community Employ- ment (CE) places in order to bring the total number of places to 23,300. FÁS is currently looking into the feasibility of setting up a number of additional schemes, as well as expanding existing schemes, in order to absorb the 500 extra places.

Question No. 136 answered with Question No. 73.

Departmental Expenditure. 137. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment if all schemes operated by her Department are adequately funded; and if she will make a statement on the matter. [11677/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The 2010 Revised Estimates for Public Services which were published on 18 February set out the details of my Department’s budget for 2010. My Department’s budget for this year amounts to €2.011 billion, including €421.6 million from the National Training Fund. The 2010 budget for my Department represents an increase of €113 million, or 6%, on the 2009 outturn. My Department’s 2010 Estimate was framed in the context of prioritising the programmes which will best retain jobs, tackle unemployment and support long-term investment in the economy. I am satisfied that, within the resources available to the Government, my Department has received sufficient funding to address these priorities.

Job Creation. 138. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the discussions she has had with potential investors in the past 12 months; the number of jobs created arising therefrom; and if she will make a statement on the matter. [11678/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Over the past twelve months, I have had discussions with the Chairmen, Chief Executives and senior executives in key companies, both indigenous and foreign direct investors, across a range of sectors. Many of the companies involved already have substantial and valuable activities in Ireland while others are considering major investments here for the first time. These discussions have confirmed for me the high standing in which Ireland is viewed as a business location by leading global companies. They have also allowed me to hear, at first hand, the issues which industry considers important if Ireland is to retain this standing, and I continue to work with may Government colleagues to address these issues in a positive fashion.

510 Questions— 9 March 2010. Written Answers

It is not possible to link the number of jobs created in any one year directly with the discussions in which I have been involved. The business of FDI generation is a complex process that takes place over a period of time, and, under the Industrial Development Acts, the task of promoting Ireland as an industrial location, and of negotiating with companies on individual projects and grants, is delegated to the industrial development agencies. I am confident, however, that ongoing contacts between IDA, Enterprise Ireland and Shannon Development and a wide variety of potential investors will lead to the creation of a pipeline of new business and the creation of high quality jobs for the people of this country.

Employment Support Services. 139. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment her plans to set up any new schemes to combat unemployment; and if she will make a statement on the matter. [11679/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Government have introduced a wide range of measures to combat unemployment. My Department is providing significantly increased resources to assist the unemployed and I have more than doubled the capacity of the job search supports and the number of training and work experience places for the unemployed since 2008. In the past year, to prevent unemployment I introduced the €100 million Enterprise Stabilis- ation Fund and the €135 million Employment Subsidy Scheme. To assist those who are unemployed I introduced the Work Placement Programme, the Short Time Training Programme, the Part Time Third Level places initiative and the Labour Market Activation Fund. I have also made three applications to the European Globalisation Fund for support in relation to large-scale redundancies such as DELL. In addition to these measures, the Government have introduced other initiatives such as the Employer Jobs (PRSI) Incentive Scheme, where an employer creates a new job and takes on a person who has been unemployed for 6 months or more, the employer will be fully exempted from the liability to pay PRSI for the first year of that employment. In the education sector provision has also been expanded to cater for the increased numbers of people seeking to engage in a further or higher education course. The Government, through the Cabinet Commit- tee on Economic Renewal will continue to review the measures available to combat unemployment and if necessary will introduce other measures in the future.

Departmental Expenditure. 140. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment if it is intended to allocate any additional funding to FÁS to facilitate the financial adequacy of the various schemes run by her Department; and if she will make a statement on the matter. [11680/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): My Department is investing significant resources in 2010 in the provision of training and employment programmes to address the current challenges. This year, over €1 billion will be provided in the provision of a range of labour force measures. The total number of training and work experience activation places funded by my Department will be approximately 147,000. This compares to the 66,000 places that were delivered in 2008 and the 130,000 places delivered last year.

511 Questions— 9 March 2010. Written Answers

Economic Competitiveness. 141. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment her plans to take any specific steps to improve competitiveness in the economy; and if she will make a statement on the matter. [11681/10]

142. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps she has taken to improve competitiveness in the economy; and if she will make a statement on the matter. [11682/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I propose to take Questions Nos. 141 and 142 together. Ireland has consistently been regarded amongst the most competitive economies in the world for supporting enterprise. Reports such as the ‘IBM Global Location Trends Annual Report 2009’ that was published in October of last year ranked Ireland 1st for attracting FDI on a per capita basis. They listed our key strengths in services and R&D as the reason for topping the list. Similarly, the World Bank’s ‘Ease of Doing Business 2010’ ranks Ireland 7th out of 181 countries, unchanged from a year previously. In January of this year, Ireland was ranked the third most globalised nation, according to an index published by Ernst & Young at the World Economic Forum in Davos. The index is measured by a country’s openness to trade, movement of capital, exchange of technology and ideas, labour movements, and cultural integration. Even though we face significant challenges, it is important to point to these enduring strengths. Ireland is still recognised as a prime location for enterprise to develop. Many International Agencies have supported Ireland’s decisive action to bring Government spending into line and to stabilise the banking situation, and believe that we are on the right track. Importantly too the international funding markets have shown their faith in the Irish economy by lending at improving interest rates. In parallel to these fundamental steps, the Government has also moved to improve our competitiveness. A number of areas are being prioritised, including labour costs, government controlled prices and costs, minimising the regulatory burden and increasing the level of competition in our economy. Business costs have fallen: wage bills, asset prices, energy and prices in general have responded to the effects of recession and corrective government action. Competition in key sectors of the economy is being intensified. The Consumer Price Index fell by 3.9 per cent in the twelve months to January 2010. The HICP — the harmonised European measure — fell by 2.6 per cent to December 2009, the largest decline in the euro area. This narrowing in the differential in prices is very much to be welcomed and clearly will help the competitiveness of Irish businesses. I am conscious that further improvement in Ireland’s competitive position will foster economic growth. I am continuing to work with a number of Departments to ensure that the actions already taken are consolidated and further improvements are achieved during 2010 and beyond.

Departmental Transport. 143. Deputy Denis Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment the amount her Department paid annually for car mileage since 2007 to date in 2010; the amount paid to cover rail and bus tickets separately; and if she will make a statement on the matter. [11690/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): With the exception of air travel and car hire, in general all travel costs — whether in respect of car mileage allowances or the use of public transport — are aggregated on my Department’s

512 Questions— 9 March 2010. Written Answers accounting systems. It is not feasible, therefore, to identify separately the amount paid by my Department annually on car mileage and on rail and bus tickets. However, for the Deputy’s information, the table below sets out the aggregate amount spent by my Department on car mileage and bus and rail tickets on an annual basis from 2007 to date. The figures may also include amounts in respect of other travel costs, such as taxis. The table does not include expenditure incurred by my Department on bus tickets under the Travel Pass scheme, which is recouped from staff salaries and which does not, therefore, result in a net additional cost to my Department.

Year Travel costs* €

2007 852,666.78 2008 1,182,992.40 2009 845,286.09 2010 (to 5/3/10) 68,425.61 *Includes costs in respect of the National Consumer Agency, for which the Department of Enterprise, Trade and Employment processes travel expenses.

Business Regulation. 144. Deputy Paul Gogarty asked the Tánaiste and Minister for Enterprise, Trade and Employment if it is legal for a business advertising through leafleting door to door to omit its business name and address from the advertising literature; and if she will make a statement on the matter. [11712/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): In so far as the general issue of traders advertising their services is concerned, there is no specific statutory requirement that those advertising by means of door to door leafleting must provide a business name and address. It is important, however, that consumers when contemplating entering into any commercial transactions, no matter how such transactions may have been initiated, satisfy themselves that they have sufficient information concerning the trader, particularly reliable contact information, should problems arise after the point of sale of the good or service concerned. I would, therefore, strongly urge consumers to exercise the necessary caution in their dealings in such circumstances.

Job Creation. 145. Deputy Paul Gogarty asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of new jobs that were created in the Information Age Park, Ennis, County Clare in 2009; the net job increase at the Information Age Park in 2009; the number of new jobs that have been created at the Information Age Park since it was established while taking into account the jobs that transferred from the Clare Business Centre to the park; and if she will make a statement on the matter. [11720/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The issues of job creation and retention in enterprise agency supported companies are day-to-day matters for the agencies themselves and not one in which I am directly involved. However, Shannon Development acts in a landlord capacity in the Information Age Park, Ennis (IAPE). Most of the tenants in IAPE are small firms. Shannon Development informs me that twelve new jobs were created in the Information Age Park in Ennis in 2009 with a net job increase of three in 2009. The number of new jobs created at the Information Age Park since it was 513 Questions— 9 March 2010. Written Answers

[Deputy Mary Coughlan.] established in April 2005 to date is one hundred, including seventeen jobs that transferred from the Clare Business Centre to the Information Age Park in April 2005.

Financial Services Regulation. 146. Deputy Phil Hogan asked the Minister for Finance if his attention has been drawn to the fact that the figures produced by an organisation (details supplied) on the mortgage market in 2009 highlighted that first time buyers are now the largest market segment; the steps he is taking to ensure that residential mortgage lending, particularly to the first time buyer segment is carried out on a sustainable and prudential basis, particularly for high loan to value borrowing, in view of these figures; the potential role of mortgage indemnity insurance to achieving such sustainability and prudence; and if he will make a statement on the matter. [11074/10]

Minister for Finance (Deputy Brian Lenihan): It is a priority to ensure that mortgage lending in particular in relation to first time buyers is undertaken on a sustainable and prudential basis by credit institutions and conforms fully to regulatory requirements both in relation to the financial position of the institution itself and also the safeguarding of the consumer’s interest. As regards the sale of a mortgage product to an individual consumer the Financial Regu- lator’s Consumer Protection Code places requirements on mortgage providers in relation to such sales. These requirements include “Know the Customer” and “Suitability” requirements which must be followed by the lenders at the point of sale. Under the Code a mortgage lender has to demonstrate that it has gathered sufficient information from the consumer to allow it to provide a recommendation to that consumer. The mortgage recommended must be suitable to that consumer having regard to the facts disclosed by the consumer. A written statement setting out the reasons why a mortgage product/selection of mortgage products offered to the consumer is suitable must be given to the consumer. As regards the suggestion that a mandatory Mortgage Insurance Scheme be introduced, this matter is being considered. However, a good deal of research is required into measuring the feasibility of such a scheme in terms of cost to the borrower and the lending institutions, the most appropriate insurance provider, the benefits it will deliver to borrowers and lending institutions, and the extent to which it will lessen the impact of the current economic downturn on the State through support for borrowers through the Mortgage Interest Supplement Scheme and for lending institutions through the investment of capital to restore their balance sheets.

Banking Sector Regulation. 147. Deputy Lucinda Creighton asked the Minister for Finance if an assessor has been appointed in relation to Anglo Irish Bank, pursuant to the Anglo Irish Bank Corporation Act 2009; and if not, when this appointment will be made. [11075/10]

Minister for Finance (Deputy Brian Lenihan): Section 22 of the Anglo Irish Bank Corpor- ation Act 2009 provides that I shall appoint an Assessor at an appropriate time having regard to the public interest, to determine the fair and reasonable aggregate value of the transferred shares and extinguished rights and the consequent amount of compensation, if any, that may be payable to persons in respect of Anglo shares transferred and rights extinguished under the Act. As the Deputy will be aware it is essential that the process of appointing the Assessor is open and transparent and to this end I propose to utilise EU procurement procedures to effect the appointment. It is expected that an advertisement requesting expressions of interest from suitably qualified persons or groups will be posted on the e-tenders website and published in

514 Questions— 9 March 2010. Written Answers the Official Journal of the European Union in the next few weeks. The Deputy will appreciate that it is not feasible at this stage to put an exact date on the conclusion of this appointment process. However, in overall terms, I will be seeking for the appointment process to be concluded in good time, taking into account the timing requirements of EU procurement rules.

Departmental Agencies. 148. Deputy Mary Upton asked the Minister for Finance when vacant positions will again be offered by the Office of Public Works; and if he will make a statement on the matter. [11107/10]

Minister of State at the Department of Finance (Deputy Martin Mansergh): Given the Government moratorium on filling vacancies and the restriction on numbers generally, the Office of Public Works is not currently in a position to fill vacant posts. The office is, at present, in the process of re-engaging seasonal guides who worked at our heritage sites during the 2008 and 2009 seasons. In the event of other seasonal vacancies arising, we will be advertising locally.

Banking Sector Regulation. 149. Deputy Richard Bruton asked the Minister for Finance the credit guidelines that he plans to issue to the banks as a result of the new powers given to him under the National Asset Management Agency legislation; the number of appeals against declined cases that have been heard by the appeals officer that he has appointed; the percentage of cases in which the appeal had successfully overturned the decision to decline credit; and if he will make a statement on the matter. [11118/10]

Minister for Finance (Deputy Brian Lenihan): The position is that under the NAMA Act I will shortly be issuing guidelines to ensure that SMEs, sole traders and farm enterprises will have recourse to an independent, external review of decisions of credit refusal by the NAMA participating banks. I hope that banks not participating in NAMA or covered by the Govern- ment guarantee will also decide to join the system. My aim is to have a simple, effective review process, run by people with experience and credibility. The banks must comply with the recommendations of the review process, or explain why they will not do so. In addition to dealing with individual cases, the credit review system will examine the credit policies and practices of the banks in respect of SMEs. This will help me to decide what further action might be necessary to secure the flow of credit. I intend to publish the analysis from the review process so that the performance of the banks participating in NAMA will be clear to all. Mr John Trethowan, an experienced banker with a demonstrated commitment to public and social service, is overseeing the establishment of this credit review system with initial administrative support from Enterprise Ireland. Work has been ongoing since December on the logistical aspects of the review system and it is envisaged that Mr. Trethowan will be in a position to commence reviews shortly.

Tax Code. 150. Deputy Michael Creed asked the Minister for Finance when a person (details supplied) in County Cork will receive a tax refund; and if he will make a statement on the matter. [11188/10]

Minister for Finance (Deputy Brian Lenihan): I have been informed by the Revenue Com- missioners that the above named received a refund of tax on 8 September 2009 and a further refund issued to the spouse on 26th February 2010. If there are any further queries the person

515 Questions— 9 March 2010. Written Answers

[Deputy Brian Lenihan.] should contact Mr Pearse Penney, Office of the Revenue Commissioners, Revenue House, Blackpool, Cork. Telephone: 021 6027266.

Banking Sector Regulation. 151. Deputy Seán Ó Fearghaíl asked the Minister for Finance if he will consider correspondence (details supplied); and if he will make a statement on the matter. [11192/10]

Minister for Finance (Deputy Brian Lenihan): A core Government objective is to free up lending on a commercial basis into the economy, particularly to the small business sector, to support economic growth and a number of actions have been taken to achieve this objective. In the context of the bank guarantee scheme and recapitalisation the banks have made important commitments to support business lending, while the Government has taken a number of steps to help ensure the flow of credit. An independent review of credit availability was agreed in the context of the recapitalisation of AIB and Bank of Ireland. The purpose of the review was to ascertain the position on credit availability to SMEs in Ireland. The Steering Group for the review consisted of representatives of the Departments of Finance and Enterprise, Trade and Employment, Forfás, Enterprise Ireland, the Irish Banking Federation and the six main banks involved in lending to SMEs, business representatives from ISME, Chambers Ireland and Small Firms Association. The final report of the Review of Lending to SMEs is available on my Department’s website. The report made a series of recommendations including the further development of a framework for monitoring credit availability and measures to improve communications between the banks and SMEs. The report also suggests consideration of specific supports to ease the working capital requirements of SMEs, and measures to help investment levels in SMEs. A follow- up independent review of credit availability was published in December. Both reviews are available on my Department’s website at www.finance.gov.ie. Furthermore, a Code of Conduct for Business Lending to Small and Medium Enterprises took effect last March. This code applies to all regulated banks and building societies and facilitates access to credit, promotes fairness and transparency and ensures that banks will assist borrowers in meeting their obligations, or otherwise deal with an arrears situation in an orderly and appropriate manner. The business lending code includes a requirement for banks to offer their business customers annual review meetings, to inform customers of the basis for decisions made and to have written procedures for the proper handling of complaints. Where a customer gets into difficulty the banks will give the customer reasonable time and seek to agree an approach to resolve problems and to provide appropriate advice. This is a statutory code and banks will be required to demonstrate compliance. In addition, as part of the recapitalisation package announced in February 2009, Allied Irish Bank and Bank of Ireland reconfirmed their commitment to increase lending capacity to small and medium enterprises (SMEs) by 10% and to provide an additional 30% capacity for lending to first time buyers in 2009. If the mortgage lending was not taken up, then the extra capacity would be made available to SMEs. AIB and Bank of Ireland have also committed to public campaigns to actively promote small business lending at competitive rates with increased transparency on the criteria to be met. Compliance with this commitment is being monitored by the Financial Regulator. My colleague the Tánaiste and Minister for Enterprise, Trade and Employment set up a Clearing Group including representatives from the main banks, business interests and state

516 Questions— 9 March 2010. Written Answers agencies, which is chaired by her Department. The purpose of the group is to identify specific patterns of events or cases where the flow of credit to viable businesses appears to be blocked and to seek to identify credit supply solutions. Finally, under the NAMA Act I will shortly be issuing guidelines to ensure that SMEs, sole traders and farm enterprises will have recourse to an independent, external review of decisions of credit refusal by the NAMA participating banks. I hope that banks not participating in NAMA or covered by the Government guarantee will also decide to join the system. My aim is to have a simple, effective review process, run by people with experience and credibility. The banks must comply with the recommendations of the review process, or explain why they will not do so. In addition to dealing with individual cases, the credit review system will examine the credit policies and practices of the banks in respect of SMEs. This will help me to decide what further action might be necessary to secure the flow of credit. I intend to publish the analysis from the review process so that the performance of the banks participating in NAMA will be clear to all. Mr John Trethowan, an experienced banker with a demonstrated commitment to public and social service, is overseeing the establishment of this credit review system with initial administrative support from Enterprise Ireland. Work has been ongoing since December on the logistical aspects of the review system and it is envisaged that Mr. Trethowan will be in a position to commence reviews shortly. I have no plans to set up a Business Asset Management Agency as suggested in the correspondence received by the Deputy.

Tobacco Smuggling. 152. Deputy Brian O’Shea asked the Minister for Finance his plans to put in place a national tobacco anti-smuggling strategy (details supplied); and if he will make a statement on the matter. [11196/10]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners who are responsible for the collection of tobacco products tax and tackling the illicit trade in cigarettes and tobacco products that their strategy for tackling this illicit trade is focused both on intercepting and seizing illicit consignments at the point of importation and on carrying out checks at retail outlets, markets and commercial premises etc. This is achieved through a combination of freight intelligence, risk profiling and scanning in the case of smuggling in maritime freight. In the case of passengers arriving by air from high risk source countries where cheap cigarettes are freely available, targeting smugglers is carried out on the basis of risk profiling by Revenue Officers based at all the main airports. Where feasible, large consignments are placed under surveillance and allowed to proceed to their destination under a controlled delivery with a view to identifying those responsible for the importation. These operations are normally carried out on a multi-agency basis with the assistance of the Garda. Illicit cigarettes that escape detection at the point of importation are also seized inland in the course of intelligence-based checks carried out at retail outlets, markets, commercial premises etc. Follow-up investigations are conducted both at home and abroad with a view to identifying those responsible and instituting criminal proceedings where the necessary evidence has been obtained. Revenue strategies in these areas are under continuous review. This includes the adequacy of existing staffing resources and equipment. In this regard, taking cognisance of the intercep- tion and seizure of a number of consignments of counterfeit cigarettes bearing bogus Irish tax stamps concealed in maritime freight imported from China, a new tobacco tax stamp with

517 Questions— 9 March 2010. Written Answers

[Deputy Brian Lenihan.] added security features was introduced last year. In addition, a second mobile container scanner was delivered to the Revenue Commissioners and entered service following testing in December 2009. Revenue works closely with the individual tobacco manufacturers and the Irish Tobacco Manufacturers Advisory Committee (ITMAC) with a view to identifying illicit cigarettes on sale in the State, current trends and trading patterns. There is also close co-operation and sharing of information between Revenue and the Office of Tobacco Control (OTC). In addition, on an EU wide basis, Revenue actively co-operates and shares information with the European Anti-Fraud Office (OLAF) and with other Customs Administrations in the Member States. Furthermore, Ireland, along with the other Member States, has also ratified two international agreements concluded by OLAF with global cigarette manufacturers, Philip Morris International and Japan Tobacco International, with a view to tackling the illicit trade in counterfeit and contraband cigarettes. Furthermore, officials from my Department met in January this year with representatives of health organisations, the tobacco industry and officials from other government Departments, at which, among other things, the problem of tobacco smuggling was discussed. Arising from that meeting I introduced provisions in the Finance Bill 2010 significantly increasing the maximum fines that the Courts can apply in relation to tobacco offences. If the value of the goods involved is €250,000 or less, the Court will be permitted to impose a fine not exceeding €126,970. If the value of the goods is greater than €250,000, the maximum fine will as at present be three times their value. The proposed change should ensure that the penalties for the offence of illegal importation of cigarettes will serve as an effective deterrent to such activity.

Tax Collection. 153. Deputy Jack Wall asked the Minister for Finance when a person (details supplied) in County Kildare will receive their entitlements under a tax rebate application; and if he will make a statement on the matter. [11225/10]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that, regrettably, due to industrial action by some staff, it is not possible to ascertain the specific details of this case in the time available.

Banking Sector Regulation. 154. Deputy Joan Burton asked the Minister for Finance if he was contacted and informed by a bank (details supplied) prior to the payment of bonuses to staff as reported in December 2009; and if he will make a statement on the matter. [11231/10]

Minister for Finance (Deputy Brian Lenihan): Under the terms of the recapitalisation of the named bank, bonus payments to Senior Executives in 2008 and 2009 were precluded. Approval has been given, in a limited number of cases, to pay bonuses to certain staff, based on legal advice, where a pre-existing contractual commitment existed and has been triggered. The staff involved were mainly located outside of Ireland. Court proceedings had been instituted in respect of some of these cases.

Financial Institutions Support Scheme. 155. Deputy Joan Burton asked the Minister for Finance if the salary and remuneration

518 Questions— 9 March 2010. Written Answers ceilings recommended by the report of the Covered Institution Remuneration Oversight Com- mittee only apply to the most senior staff in the institutions covered by the bank guarantee scheme; if there is a prohibition on these institutions paying total remuneration packages well above the limits recommended to other staff; and if he will make a statement on the matter. [11232/10]

Minister for Finance (Deputy Brian Lenihan): Under the Credit Institutions (Financial Support) Scheme 2008, the Covered Institution Remuneration Oversight Committee [CIROC] was established comprising three members appointed to oversee all remuneration plans of senior executives and Board Members of the covered institutions. CIROC’s recommendations were then necessarily confined to the group covered by its terms of reference. The Deputy will appreciate that the respective covered institutions operate in a commercial fashion. Subject to contractual considerations, they are expected, in the present economic circumstances, to take account of the necessary downward adjustment in remuneration levels affecting all sectors of the economy. However, I am not able to interfere in pay policy in a private company.

156. Deputy Joan Burton asked the Minister for Finance if the salary and remuneration ceilings recommended by the report of the Covered Institution Remuneration Oversight Com- mittee apply to all related entities of the institutions covered by the bank guarantee scheme; and if he will make a statement on the matter. [11233/10]

Minister for Finance (Deputy Brian Lenihan): The Covered Institution Remuneration Over- sight Committee [CIROC] is a product of the Credit Institutions (Financial Support) Scheme 2008. The following credit institutions and subsidiaries are ‘covered institutions’ for the purposes of the Scheme:

(1) Allied Irish Banks, plc and its subsidiaries AIB Mortgage Bank, AIB Bank (CI) Limited, AIB Group (UK) plc and Allied Irish Banks North America Inc.;

(2) Anglo Irish Bank Corporation plc and its subsidiary Anglo Irish Bank Corporation (International) plc;

(3) The Governor and Company of the Bank of Ireland and its subsidiaries Bank of Ireland Mortgage Bank, ICS Building Society and Bank of Ireland (I.O.M.) Limited;

(4) EBS Building Society and its subsidiary EBS Mortgage Finance;

(5) Irish Life & Permanent plc and its subsidiary Irish Permanent (I.O.M) Limited;

(6) Irish Nationwide Building Society and its subsidiary Irish Nationwide (I.O.M.) Limited;

(7) Postbank Ireland Limited.

CIROC applies to all of those ‘covered institutions’.

157. Deputy Joan Burton asked the Minister for Finance the number of senior staff in each of the institutions covered by the bank guarantee scheme who are subject to the salary and remuneration ceilings recommended by the report of the Covered Institution Remuneration Oversight Committee; and if he will make a statement on the matter. [11234/10]

Minister for Finance (Deputy Brian Lenihan): I am advised by the covered institutions that the following number of staff are covered by the salary and remuneration ceilings recommended by the report of the Covered Institution Remuneration Oversight Committee:

519 Questions— 9 March 2010. Written Answers

[Deputy Brian Lenihan.]

Covered institution Number of senior staff covered

AIB 11 Anglo Irish Bank 14 Bank of Ireland 7 EBS 7 Irish Life & Permanent 16 Irish Nationwide 12 Postbank 2

Total 69

Banking Sector Regulation. 158. Deputy Joan Burton asked the Minister for Finance if he has received a response from the industry and consumer panels of the Financial Regulator following the proposal by his Department to establish a joint panel group to examine the issue of corporate governance in the financial institutions; the progress made to date as a result of his request; and if he will make a statement on the matter. [11235/10]

Minister for Finance (Deputy Brian Lenihan): My Department wrote to the chairs of the consultative panels suggesting that they might jointly consider the issue of corporate governance in financial institutions with a view to submitting their findings to the Financial Regulator so as to inform the work of the High Level Implementation Group progressing the reform of regulatory structures. The Chairs of both the Industry and Consumer panels have responded to my Department indicating their interest in the suggestion. In accordance with section 57DG of the Central Bank Act 1942, it is a matter for the consultative panels themselves, with the consent of the Regulatory Authority, to establish a joint advisory group to report to the Finan- cial Regulator if he so wishes. I understand that the panels have not yet reported on the matter.

Tax Yield. 159. Deputy Joan Burton asked the Minister for Finance the tax take on alcohol in respect of excise duty on beer, spirits, wine and cider in each month of 2009; and if he will make a statement on the matter. [11236/10]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the tax take on alcohol in respect of excise duty on beer, spirits, wine and cider in each month of 2009 is as set out in the table hereunder. The yield from each alcohol product in any month can vary considerably across the year for a number of reasons including seasonal factors.

Alcohol Products Tax — Provisional receipts

Beer Spirits Wine Cider Total

€ m € m € m € m € m

Jan 41.8 26.0 22.1 5.5 95.4 Feb 19.7 10.9 11.7 2.5 44.8 Mar 27.0 15.8 15.9 3.5 62.1 Apr 34.4 22.8 18.1 4.8 80.1 May 35.3 18.2 21.8 4.8 80.1

520 Questions— 9 March 2010. Written Answers

Beer Spirits Wine Cider Total

€ m € m € m € m € m Jun 36.9 19.7 17.3 5.4 79.3 Jul 37.4 21.7 20.7 6.9 86.7 Aug 38.7 22.4 22.0 6.4 89.6 Sep 33.0 20.5 24.5 4.1 82.1 Oct 32.9 22.8 22.0 4.3 82.1 Nov 33.6 28.1 21.8 4.7 88.2 Dec 33.6 35.3 24.6 4.3 97.8

Total 404.3 264.1 242.5 57.2 968.0

Liquor Licences. 160. Deputy Joan Burton asked the Minister for Finance the number of beer, spirit and wine off-licences issued in 2007, 2008 and 2009; and if he will make a statement on the matter. [11237/10]

Tax Code. 161. Deputy Joan Burton asked the Minister for Finance the basis on which the projected loss of €90 million to the Exchequer in 2010 and in subsequent years arising from the reduction in excise duty on alcohol in budget 2010, as outlined in the summary of budget measures published on 9 December 2009, was calculated; and if he will make a statement on the matter. [11238/10]

Minister for Finance (Deputy Brian Lenihan): The cost of the reductions in excise duty announced in the Budget on alcohol products is estimated at approximately €90 million in a full year, when account is taken of the expected change in where alcohol products are sourced. As stated in the Budget the measure was introduced to protect revenue flows and to tackle the phenomenon of cross-border shopping. Following the reductions in excise duty Ireland still remains one of the countries with high excise duty rates on alcohol products along with Finland, Sweden and the UK.

162. Deputy Joan Burton asked the Minister for Finance the progress made to date on the implementation of the commitment in the 2007 programme for Government to use the taxation system to promote non-alcoholic and low alcoholic products; and if he will make a statement on the matter. [11239/10]

Minister for Finance (Deputy Brian Lenihan): As the Deputy may be aware the excise duty on low alcohol beer and cider was reduced in Budget 2009 to 50% of the standard excise duty for both beer and cider products with an alcohol by volume content of 2.8% or less. This change was introduced in order to encourage the consumption of lower strength products. The Government continually looks at the use of the taxation system to promote non alcoholic and low alcoholic products, where appropriate. 521 Questions— 9 March 2010. Written Answers

Company Closures. 163. Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the number of businesses, both individuals and companies, that notified the Revenue Commissioners that they had ceased trading and operations due to business failure or trading conditions in each year 2005, 2006, 2007, 2008 and 2009 and in January 2010; and if he will make a statement on the matter. [11393/10]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that the specific reason why the business has ceased is not recorded by them. Businesses cease for many reasons, including trading conditions, retirement of the proprietors, death, formation of partnership or incorporation into Limited Company in the case of a sole trader. The following numbers of individuals and companies were ceased on their records during the period, as requested by the Deputy:

Year Individuals Companies

2005 35,536 8,399 2006 35,852 7,123 2007 34,586 7,184 2008 28,756 7,525 2009 11,915 4,455 Jan 2010 87 69

The Commissioners advise that the figures should be treated with some caution as, based on past experience, there tends to be a time lag between date of cessation and notification to Revenue. In the case of businesses ceasing in 2009, the bulk of returns are not due to be filed until later in 2010.

Flood Relief. 164. Deputy Michael McGrath asked the Minister for Finance if the Office of Public Works has received an application from a local authority for flood alleviation works in a village (details supplied) in County Cork; and if he will make a statement on the matter. [11394/10]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The draft Flood Risk Assessment and Management Plan for the River Lee sets out the blueprint for addressing flood risk in the catchment, including the Owenboy sub-catchment in which Ballinhassig is located. The draft plan, which is currently undergoing public consultation, recommends a flood warning system rather than flood alleviation works for the Owenboy area. In line with this recommendation, Cork County Council have applied to the Office of Public Works for funding for the installation of a flood warning system. This proposal will be considered in the context of the overall implementation of the Plan when it has been finalised. This plan is out to public consultation at the moment, so this is likely to be early next year.

Tax Yield. 165. Deputy Margaret Conlon asked the Minister for Finance the amount of money that was collected in stamp duty from 2000 to 2009; and if he will make a statement on the matter. [11406/10]

Minister for Finance (Deputy Brian Lenihan): Stamp duties are payable on a wide range of legal and commercial documents, including (but not limited to) conveyances of property, leases 522 Questions— 9 March 2010. Written Answers of property, share transfer forms and certain agreements. Stamp duty is also paid in respect of financial cards (e.g. Credit, ATM, Laser and Charge cards) and levies on certain insurance premiums and certain statements of interest. Exchequer Receipts from Stamp Duty from 2000 to 2009 are set out below:

€m

2000 1,107 2001 1,227 2002 1,167 2003 1,688 2004 2,088 2005 2,725 2006 3,717 2007 3,186 2008 1,651 2009 930

Tax Code. 166. Deputy Róisín Shortall asked the Minister for Finance if he will arrange for a tax certificate to be issued to a person (details supplied) in Dublin 9 for the purposes of fulfilling qualifying criteria in respect of an application for a local authority home grant. [11409/10]

167. Deputy Joan Burton asked the Minister for Finance the legal position of the estate of an annuity holder upon that annuity holder’s death; if the full outstanding value of the annuity accrues to the estate; if not, the reason for same; the way the framework for annuity holders here differs in this respect from those pertaining in other countries; and if he will make a statement on the matter. [11434/10]

Minister for Finance (Deputy Brian Lenihan): The legal position in relation to annuities is not a matter for the Minister for Finance. Policy in this area is primarily for the Minister for Social and Family Affairs and the Pensions Board.

State Properties. 168. Deputy Ciarán Cuffe asked the Minister for Finance his views on removing the tall railings dating from the late twentieth century between the car park at the Kildare Street side of Leinster House and both the National Museum and the National Library complex, and replace them with lower railings so as to vastly improve the rather bleak high security feel to this fine public space in view of the peace dividend of recent years; and if he will make a statement on the matter. [11439/10]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The provision of the railings, that separate the car park on the Kildare Street side of Leinster House from the National Museum and the National Library, is security-related, and is a matter for the Houses of the Oireachtas Commission in the first instance. The Commission has not requested the Office of Public Works to review the matter. 523 Questions— 9 March 2010. Written Answers

Tax Collection. 169. Deputy Arthur Morgan asked the Minister for Finance the amount of vehicle registration tax paid in each revenue office here in the past five years in tabular form; and if he will make a statement on the matter. [11481/10]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the information requested is not readily available and could not be obtained without conducting a protracted investigation of Revenue’s records and the commitment of significant resources to do so. However, provisional data relating to the number of vehicles registered and the associated vehicle registration tax collected for 2008 and 2009, broken down by vehicle registration tax office, was compiled recently. The details are set out below.

2009 data

Vehicle Registration Office Number of Registrations Amount Collected

€

Tallaght 9,034 26,937,178 Santry 8,382 22,177,245 Cork 7,674 17,708,202 Lifford 8,757 14,994,495 Galway 5,835 13,335,858 Dundalk 4,673 10,988,453 Tullamore 4,966 10,767,708 Monaghan 4,731 7,905,983 Castlebar 4,221 7,845,518 Sligo 3,955 6,939,031 Limerick 3,252 6,666,729 Navan 3,229 6,619,792 Naas 2,314 5,554,750 Tralee 2,637 5,106,144 Thurles 2,254 4,850,922 Waterford 2,277 4,822,407 Wexford 2,418 4,811,813 Kilkenny 2,257 4,487,841 Ennis 2,105 4,187,281 Wicklow 1,295 3,455,988 Carlow 1,610 2,871,302 Bantry 951 1,475,635

2008 data

Vehicle Registration Office Number of Registrations Amount Collected

€

Tallaght 13,572 48,638,526 Santry 11,455 38,668,071 Galway City 7,114 20,541,554 Donegal Town 8,456 16,596,671 Tullamore Town 6,211 15,325,521

524 Questions— 9 March 2010. Written Answers

Vehicle Registration Office Number of Registrations Amount Collected € Dundalk 4,809 14,310,064 Sligo Town 4,650 12,648,811 Cork City 5,100 11,852,016 Castlebar 5,100 11,852,016 Limerick City 4,567 11,630,806 Monaghan Town 4,868 10,164,487 Navan 3,706 9,957,925 Waterford Town 3,623 9,810,350 Tralee 3,226 7,907,732 Naas 2,622 7,029,413 Wexford Town 3,082 6,735,825 Ennis 2,886 6,508,971 Thurles 3,160 6,493,423 Kilkenny City 2,834 6,008,824 Carlow 2,311 5,368,965 Wicklow Town 1,704 4,853,656 Bantry 1,218 2,738,558

Departmental Expenditure. 170. Deputy Máire Hoctor asked the Minister for Finance the cost of installing and adminis- tering the new system for electronically recording the attendance of Members and Senators in Leinster House. [11490/10]

Minister for Finance (Deputy Brian Lenihan): As the Deputy is aware, the Houses of the Oireachtas Commission Act, 2003, set up the Houses of the Oireachtas Commission to provide for the running of the Houses of the Oireachtas and to manage its expenditure within the limits set down in the legislation and its subsequent amendments. Accordingly, I have no direct role in the day to day running of the Houses. However, in order to provide an answer to the Deputy’s question, the Houses of the Oireachtas Service has informed me that a system of recording attendance of staff was installed in the Houses of the Oireachtas in 2009. The additional marginal cost of extending the staff system to also recording the attendance of Members was €26,932 of which €18,462 has been invoiced and paid to date. The cost of adminis- tering the system is being met from within the existing resources of the Service.

Public Service Contracts. 171. Deputy John Cregan asked the Minister for Finance the necessary criteria for building contractors to be given the opportunity to submit tenders for public contracts. [11508/10]

Minister for Finance (Deputy Brian Lenihan): Under EU and national procurement rules, the open and restricted procedures are the two most commonly used procurement procedures, which between them account for nearly all public works procurement opportunities. In an open procedure, an invitation to tender is published concurrently with the advertisement/contract notice. Participation in the tender competition is open to any contractor. For contractors to avail of the opportunity to tender for a public works project under a restricted procedure, they must meet a certain set of minimum standards relating to criteria in a suitability questionnaire that has issued from the relevant contracting authority. 525 Questions— 9 March 2010. Written Answers

[Deputy Brian Lenihan.]

The questionnaire should include criteria which allow contractors to provide relevant information about their businesses. Those responses that meet the standards set out in the questionnaire can subsequently be invited to participate in a tender competition. In order to ensure that the criteria are consistent and relevant in particular cases, a standard template questionnaire (QW1) has been developed by the Government Construction Contracts Committee. This questionnaire is part of the Capital Works Management Framework which is published on my Department’s construction procurement website www.constructionprocurement.gov.ie. It should be noted that there are 17 criteria in the questionnaire which match those in EU Directive 2004/18/EC “on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts” and S.I. No. 329/2006 —“European Communities (Award of Public Authorities’ Contracts) Regulations 2006”. Also included in the questionnaire are seven sub-criteria relating to health and safety matters. All responses from contractors should be assessed against criteria that have been selected in a transparent way and that are fair, proportionate and non-discriminatory.

Local Authority Housing. 172. Deputy Fergus O’Dowd asked the Minister for Finance if he has received requests from the Department of the Environment, Heritage and Local Government to make representations to banks, financial institutions and the National Asset Management Agency and so on regarding the refusal of some banks to support approved schemes for the leasing of up to 1,500 unoccu- pied homes for local authority and housing associations; his views in relation to such requests; the action he has taken; the meetings attended and by whom; the outcome of same; the reason he has refused to answer a recent parliamentary question from this Deputy on this matter; and if he will make a statement on the matter. [11550/10]

Minister for Finance (Deputy Brian Lenihan): I can assure the Deputy that this matter is a priority of the Minister for Housing who has primary responsibility for this issue. The Minister for Housing has been in correspondence with me on this matter. Officials from both of our Departments have met with all relevant stakeholders on more than one occasion and have also held bilateral discussions on the issue. My Department will continue to encourage the covered institutions to engage with Department of Environment, Heritage and Local Government on social housing issues as appropriate as this is one of a range of issues being progressed with the institutions involved.

Industrial Disputes. 173. Deputy John O’Mahony asked the Minister for Finance his plans to address the non- answering of parliamentary questions submitted to several Government Departments; if his attention has been drawn to the fact that staff in these Departments will not take calls on the Houses of the Oireachtas lines provided to help access information; and if he will make a statement on the matter. [11551/10]

Minister for Finance (Deputy Brian Lenihan): I refer to my reply to Parliamentary Question No.173 of 3 March 2010: The current work to rule and other actions, which are impacting on processing Parliamentary Questions and providing information to public representatives are part of a programme of industrial action undertaken by public service unions across the public sector. The industrial action is in response to the pay reductions imposed by the Government on public servants with effect from 1 January last as part of the Government’s budgetary strategy to bring the public finances under control.

526 Questions— 9 March 2010. Written Answers

In order to address issues raised by the programme of industrial action in the public sector, my Department has established a co-ordination group of all public service sectors affected to monitor and review service delivery and other issues arising from the industrial action. Any industrial action, whatever form it takes, is regrettable, in particular if it has any impact on service delivery to the public. Public Service management are doing what they can to minimise any such impact. In that regard, the Government has indicated its wish to engage with the public service unions with a view to achieving the necessary transformation to the public service into the future.

Programme for Government. 174. Deputy Kathleen Lynch asked the Minister for Finance if, in view of recent comments by a person (details supplied) regarding mortgage arrears, it is intended to set up the proposed group to advise on this matter; the progress made on the matter to date in 2010; the proposed status and terms of reference for this group; the selection criteria that will be employed; the remuneration that will be applicable; if it is intended to seek cross party nominations to this group; and if he will make a statement on the matter. [9524/10]

Minister for Finance (Deputy Brian Lenihan): The Renewed Program for Government sets out the Government’s commitments for introducing new measures to protect families having difficulties with their mortgage repayments and personal indebtedness under the headings Pro- tecting the Family Home and Helping Those in Debt. Last November I approved the setting up of an Inter-Departmental Mortgage Arrears Review Group, for the purpose of bringing together all relevant information in Departments and examining options in relation to the matter of support for home owners facing the problems of mortgage arrears and repossessions. This Group met on two occasions and work commenced on bringing forward options for dealing with these matters. I since discussed with Cabinet colleagues proposals to revamp this Group under an independent Chair and expand it to bring in additional expertise. On 25th February 2010, I informed the Government of my proposal to extend the membership of the Group to be chaired by Mr Hugh Cooney who is an insolvency accountant. The other external members are as follows:

Name

Mr. Matthew Elderfield Financial Regulator Dr. David Duffy ESRI Mr. Pat Farrell Irish Banking Federation (IBF) Mr. Tom Foley Irish Banking Federation (IBF) Mr. Paul Joyce Free Legal Advice Centre (FLAC) Ms. Patricia T. Rickard-Clarke Law Reform Commission (LRC) Mr. Brendan Burgess Independent Consultant

The Group also includes senior officials of the Departments of Finance, Taoiseach, Justice Equality and Law Reform, Social and Family Affairs, Communications Energy and Natural Resources, and Environment Heritage and Local Government. The external members of the Group were selected on the basis of their individual expertise in areas relating to mortgage arrears and personal debt. Appointments were made on a pro bono basis. There are no members of the Group representing a political party. The Group has had it first meeting and has discussed its Terms of Reference which I understand will be finalised shortly. In general, the terms of reference will reflect the commitments made by the Government both in the 527 Questions— 9 March 2010. Written Answers

[Deputy Brian Lenihan.] Renewed Programme for Government and in subsequent Government decisions relating to the issues of mortgage arrears and personal debt.

Departmental Transport. 175. Deputy Denis Naughten asked the Minister for Finance the amount his Department paid annually for car mileage since 2007 to date in 2010; the amount paid to cover rail and bus tickets separately; and if he will make a statement on the matter. [11692/10]

Minister for Finance (Deputy Brian Lenihan): The information sought by the Deputy is set out in the table below.

Year Mileage Public Transport

€€

2007 161,545.99 20,007.12 2008 124,563.70 22,951.50 2009 36,248.28 20,466.00 2010 (to date) 2,778.02 1,763.60

Decentralisation Programme. 176. Deputy Willie Penrose asked the Minister for Finance the factors that would be considered in the review of decentralisation in 2011 whereby decentralisation which was planned for a number of places, including Mullingar, County Westmeath, has now been deferred; if one of these factors would include that of legitimate expectation on the part of the civil servants who applied for decentralisation in good faith and who are now disappointed; and if he will make a statement on the matter. [11708/10]

177. Deputy Willie Penrose asked the Minister for Finance if, in the context of the decentralisation proposals which are being deferred and which are subject to review in 2011, he will indicate that such a review will result in the indefinite deferral of decentralisation to places such as Mullingar, County Westmeath; the implications for those civil servants who applied for decentralisation in good faith; the alternatives that can be put in place for persons who had hoped to relocate, on the basis of being assured in writing that same would take place; and if he will make a statement on the matter. [11709/10]

Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 176 and 177 together. In light of the budgetary constraints at this time and affordability issues, I have decided to defer proceeding with permanent accommodation in respect of a number of locations, including Mullingar, at this time. I can confirm that all deferred locations will be considered as part of the overall review of the programme in 2011. The nature of that review and the factors to be considered have not been developed. I intend to bring proposals to the Government in that regard in due course.

Public Sector Staff. 178. Deputy Paul Gogarty asked the Minister for Finance the position regarding the staffing embargo within a college (details supplied) particularly in relation to the sports facilities; if the 528 Questions— 9 March 2010. Written Answers issue has been resolved; if services have been restored; and if he will make a statement on the matter. [11723/10]

Minister for Finance (Deputy Brian Lenihan): This question is a matter for my colleague, Mr Batt O’Keeffe, TD, Minister for Education and Science. Due to ongoing industrial action, it was not possible for the question to be transferred to Minister O’Keeffe for reply. I will, therefore, request the Minister for Education and Science to communicate directly with the Deputy in the matter as soon as circumstances permit.

Food Labelling. 179. Deputy Andrew Doyle asked the Minister for Health and Children the steps she will take regarding the description and labelling of Northern Ireland produced food at a supermar- ket (details supplied) as Irish in order to give the impression to the consumer that the food is produced here; and if she will make a statement on the matter. [11462/10]

Minister for Health and Children (Deputy Mary Harney): I regret that due to industrial action I am not in a position to provide a substantive response to your Parliamentary Question. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

Drug Treatment Programme. 180. Deputy Joe Costello asked the Minister for Health and Children the number, names and locations of all drug treatment services and projects in the Dublin 1 and Dublin 7 areas and which are statutory and which are non-statutory; and if she will make a statement on the matter. [11479/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy. I wish to advise the Deputy that, due to an intensification of industrial action in the public service by members of IMPACT, the HSE may not be in a position to provide a response to this Parliamentary Question within the normal timeframe.

Misuse of Drugs. 181. Deputy Paul Gogarty asked the Minister for Health and Children the action that is being taken towards head shops door to door advertising their wares and the provision of a delivery service for substances from these shops; and if she will make a statement on the matter. [11713/10]

196. Deputy P. J. Sheehan asked the Minister for Health and Children if she will state the substances and drugs and cocktails of substances that she is proposing to control in the legislation regarding head shops as per the announcement (details supplied); and if she will make a statement on the matter. [11352/10]

219. Deputy Paul Gogarty asked the Minister for Health and Children the procedure for banning a substance sold in head shops; if it is possible for chemical substances sold in head shops to be deemed illegal until they have proven to be safe for human consumption; her plans to introduce legislation governing the sale of chemical substances in head shops; and if she will make a statement on the matter. [11714/10]

529 Questions— 9 March 2010. Written Answers

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 181, 196 and 219 together. In the light of the health risks associated with some of the products being sold in so-called ‘head shops’, the Government has agreed to the introduction of regulations under the Misuse of Drugs Act 1977 which will introduce controls on a range of substances which are currently on sale in head shops. The substances concerned include synthetic cannabinoids (SPICE products), benzylpiperazine (BZP) derivatives, mephedrone, methylone and related cathinones, GBL and 1,4 BD. The possession and sale of these substances will become illegal and subject to criminal sanctions under the Misuse of Drugs Act. In accordance with EU law, it is necessary to notify the European Commission of the proposed regulations and this imposes a 3 month stand-still period on the making of the regulations. The provisions of the Misuse of Drugs Act 1977 apply to named narcotic drugs and psycho- tropic substances listed in the Schedules to the Act. Substances are scheduled in accordance with Ireland’s international obligations or where there is evidence that the substances are causing significant harm to public health here. There is no provision in the legislation for substances to be deemed to be illegal until they have been proven safe for human consumption. The Misuse of Drugs legislation contains provisions which makes it an offence for a person to print, publish, distribute, sell or offer for sale any publication which advocates or encourages the use of controlled drugs. Once the legislation controlling the substances mentioned above comes into effect, it will be an offence for any person to advertise these substances or their delivery.

Health Services. 182. Deputy Mary Upton asked the Minister for Health and Children if a physiological assessment will be arranged for a child (details supplied) in County Dublin; and if she will make a statement on the matter. [11082/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s question refers to service matters, I have arranged for the question to be referred to the Health Service Executive for direct reply. However, I wish to advise the Deputy that, due to an intensification of industrial action in the public service by members of IMPACT, the HSE may not be in a position to provide a response to this Parliamentary Question within the normal timeframe

183. Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 9. [11096/10]

184. Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [11097/10]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): I regret that due to industrial action I am not in a position to provide a substantive response to your Parliamentary Question. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

530 Questions— 9 March 2010. Written Answers

185. Deputy Michael Ring asked the Minister for Health and Children, further to Parliamen- tary Question No. 195 of 15 December 2009, when a reply will issue from the Health Service Executive. [11101/10]

186. Deputy Finian McGrath asked the Minister for Health and Children if he will support the case of person (details supplied) in Dublin 5. [11106/10]

Sponsorship of Sporting Events. 187. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the work and progress of the working group on sports sponsorship by the alcohol industry; when she expects to receive a report and recommendations from the group on the phasing out of alcohol sponsorship of sporting events; and if she will make a statement on the matter. [11136/10]

Hospital Services. 188. Deputy Róisín Shortall asked the Minister for Health and Children the waiting time for blood testing in hospitals in the greater Dublin area; the reason for the delay in such a routine and vital service; and the measures she will put in place to reduce this time. [11189/10]

Health Services. 189. Deputy Fergus O’Dowd asked the Minister for Health and Children if a person (details supplied) in County Louth will receive assistance; and if she will make a statement on the matter. [11194/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): I regret that due to industrial action I am not in a position to provide a substantive response to your Parliamentary Question. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

Nursing Home Accommodation. 190. Deputy Liz McManus asked the Minister for Health and Children if the Health Service

531 Questions— 9 March 2010. Written Answers

[Deputy Liz McManus.] Executive is withdrawing funding for respite beds in private nursing homes nationally or if the withdrawal of such funds is being carried out on a regional basis; if the HSE has taken into account the hardship that closing respite beds in private nursing homes will cause to many facilities; and if she will make a statement on the matter. [11195/10]

Services for People with Disabilities. 191. Deputy Paul Gogarty asked the Minister for Health and Children the financial aid that is allocated from the Health Service Executive or her Department to each individual child with special needs in lieu of speech therapy services; and if she will make a statement on the matter. [11199/10]

192. Deputy Paul Gogarty asked the Minister for Health and Children the annual budget from the Health Service Executive or her Department for payments to parents of children with special needs in lieu of speech therapy services; and if she will make a statement on the matter. [11200/10]

193. Deputy Paul Gogarty asked the Minister for Health and Children the number of children in receipt of payment from the Health Service Executive or her Department in lieu of speech therapy services; and if she will make a statement on the matter. [11201/10]

Medical Cards. 194. Deputy Ciarán Lynch asked the Minister for Health and Children if she will re-examine the refusal of a general practitioner visit card in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [11214/10]

532 Questions— 9 March 2010. Written Answers

Mental Health Services. 195. Deputy Lucinda Creighton asked the Minister for Health and Children if she will provide a ring-fenced fund in respect of victims of abuse within the health service, including electroconvulsive therapy and over-medication, who have not had redress; and if she will make a statement on the matter. [11223/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): People who feel they have been mistreated by a provider of a health service should, in the first instance, take the matter up with the service provider. It is also open to them to take legal advice and/or to make a formal complaint to the appropriate regulatory body i.e. the Mental Health Commission, Medical Council, Pharmaceutical Society of Ireland, Bord Altranais, Dental Council etc. In these circumstances I have no plans to provide a ring-fenced fund for alleged mistreatment.

Question No. 196 answered with Question No. 181.

Adoption Services. 197. Deputy Tom Hayes asked the Minister for Health and Children if the legislation relating to adoption processing through Dáil Éireann will make provision for those parents already approved within the current system to proceed through that older system; and if she will make a statement on the matter. [11356/10]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): The Adoption Bill, 2009, is designed to give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption. The new legislation, which incorporates the provisions of the Hague Convention, is designed to provide a framework to ensure that appropriate procedures have been followed and that all adoptions are effected in the best interests of the child. Future intercountry adoption arrangements will be governed by the terms of the Adoption Bill 2009 when enacted. I announced on 26 January, and subsequently brought forward at committee stage, an amendment to the Adoption Bill 2009 that will enable prospective adoptive parents to proceed with an adoption from a non-Hague or non- bilateral country, if prior to the establishment date, they have been issued with a Declaration of Eligibility and Suitability to adopt. The amendment requires that the Adoption Authority (to be set up under the Act) would be satisfied that the particular adoption meets all the standards of the Hague Convention.

Health Services. 198. Deputy Kathleen Lynch asked the Minister for Health and Children the progress that has been made by the Health Service Executive in developing a patient level costing system here, similar to the German model; and if she will make a statement on the matter. [11400/10]

Minister for Health and Children (Deputy Mary Harney): I have referred this matter to the HSE for direct reply. I wish to advise the Deputy that due to an intensification of industrial action in the public service by members of IMPACT, the HSE may not be in position to provide a response to this Parliamentary Question within the normal timeframe.

Hospital Waiting Lists. 199. Deputy John O’Mahony asked the Minister for Health and Children, further to Parliamentary Questions Nos. 334 of 2 February 2010 and 153 of 10 February 2010, when this matter will be addressed; and if she will make a statement on the matter. [11401/10]

533 Questions— 9 March 2010. Written Answers

Mental Health Services. 200. Deputy Joanna Tuffy asked the Minister for Health and Children if, in view of the fact that the construction and fit-out of the new units at a hospital (details supplied) in County Dublin for persons with intellectual disabilities has been completed, she has received the supplementary information requested from the Health Service Executive regarding the staffing business case; if the matter has been considered by her; if a decision has been made to allow recruitment of the required staff; if not, the reason for the delay; the projected opening date for the facility; and if she will make a statement on the matter. [11403/10]

Medical Cards. 201. Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [11424/10]

Health Services. 202. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children, further to Parliamentary Question No. 221 of 3 February 2010, when a reply will issue from the Health Service Executive. [11432/10]

Nursing Homes Support Scheme. 203. Deputy Tom Hayes asked the Minister for Health and Children if payments have started across the country for approved applicants to the fair deal scheme; if every Health Service Executive region has started processing these payments; if the processing period of six weeks is being met across the country; and if she will have delays to these payments investigated. [11456/10]

534 Questions— 9 March 2010. Written Answers

Health Services. 204. Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 5. [11458/10]

Medical Aids and Appliances. 205. Deputy Alan Shatter asked the Minister for Health and Children if she will ask the Health Service Executive to supply an insulin pump to persons (details supplied) in Dublin 16. [11460/10]

Health Services. 206. Deputy Michael McGrath asked the Minister for Health and Children if she will investigate the level of support available to assist a person (details supplied) in County Cork to remain in their home; if she will advise the additional supports, in terms of further home help hours or a home care package, that will be made available; and if she will make a statement on the matter. [11469/10]

Mental Health Services. 207. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the details of all planned changes in mental health service provision, including transfer of admission units and the closure of day centre facilities; and if she will make a statement on the matter. [11477/10]

Minister of State at the Department of the Health and Children (Deputy John Moloney): I regret that due to industrial action I am not in a position to provide a substantive response to your Parliamentary Question. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

Proposed Legislation. 208. Deputy Michael McGrath asked the Minister for Health and Children her plans to bring forward amendments to the Adoption Bill 2009 regarding certain matters raised by various groups (details supplied). [11483/10]

Minister of State at the Department of the Health and Children (Deputy Barry Andrews): The Adoption Bill, 2009, is designed to give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption. The new legis-

535 Questions— 9 March 2010. Written Answers

[Deputy Barry Andrews.] lation, which incorporates the provisions of the Hague Convention, is designed to provide a framework to ensure that appropriate procedures have been followed and that all adoptions are effected in the best interests of the child. Future intercountry adoption arrangements will be governed by the terms of the Adoption Bill 2009 when enacted. Registration of domestic adoptions is governed by Section 22 of the Adoption Act 1952. Under that provision, an tArd Chlaraitheoir (Registrar General) is required to maintain a register of domestic adoptions (i.e. adoptions effected in Ireland, regardless of where the adopted person was born). The register is called the Adopted Children Register. An index to the register is maintained and can be searched by any person. Any person may obtain a copy of any entry in the register. The legislation also provides for an index linking the birth entry in the register of births (in the case of an Irish-born adopted person) with the entry in the Adopted Children Register. Information from this index may not be given to any person except by order of a court or the Adoption Board. I am aware that the treatment of adopted persons in this regard differs from the rest of the population but consideration of this issue must take place in the context of the complex legal, ethical and constitutional issues arising from the need to fairly balance the rights of all parties to the adoption process. The Adoption Bill 2009, which will consolidate existing adoption legislation, does not seek to make new proposals in this regard nor does it provide for the provision of the information specified by the Deputy. The forthcoming discussions around the proposed constitutional amendment on the rights of children may provide the context within which such issues can more appropriately be considered.

Mental Health Services. 209. Deputy Charles Flanagan asked the Minister for Health and Children if her attention has been drawn to the fact that the child psychiatry service in counties Laois and Offaly is suspended to all routine referrals, due to a huge backlog in work and very limited resources; the number of referrals on the waiting list; the number of persons who have been informed that they cannot be placed on the waiting list; the steps she proposes to take to deal with this issue; and if she will make a statement on the matter. [11488/10]

Medical Cards. 210. Deputy Martin Ferris asked the Minister for Health and Children when an application for a medical card will be decided on in respect of a person (details supplied. [11491/10]

Medical Aids and Appliances. 211. Deputy Martin Ferris asked the Minister for Health and Children when orthopaedic shoes will be granted to a person (details supplied). [11492/10]

536 Questions— 9 March 2010. Written Answers

Nursing Homes Support Scheme. 212. Deputy Paul Connaughton asked the Minister for Health and Children the position regarding an application under the fair deal by a person (details supplied) in County Galway; and if she will make a statement on the matter. [11513/10]

Hospital Services. 213. Deputy Jan O’Sullivan asked the Minister for Health and Children when the new critical care unit at the Mid-West Regional Hospital, Limerick, will be operational; if transfer of services from Nenagh and Ennis will be delayed until the unit is established efficiently; and if she will make a statement on the matter. [11547/10]

Children in Care. 214. Deputy Fergus O’Dowd asked the Minister for Health and Children if she will respond to a query (details supplied); and if she will make a statement on the matter. [11548/10]

Minister of State at the Department of the Health and Children (Deputy Barry Andrews): I regret that due to industrial action I am not in a position to provide a substantive response to your Parliamentary Question. However, the HSE have informed me of one incident of the death of a child in care in Louth. A review and report have been completed on this case, and the report has been sent to HIQA, the HSE’s National Director and the Review Group. It is my intention to refer this case to the Independent Group established to examine the results of completed reviews of deaths of children in care since 2000. In the course of last week’sDáil debates the Deputy referred to a specific case in Co. Louth. If the Deputy wishes to furnish specific details of this case I will ask the HSE to have the matter investigated.

Departmental Transport. 215. Deputy Denis Naughten asked the Minister for Health and Children the amount her Department paid annually for car mileage since 2007 to date in 2010; the amount paid to cover rail and bus tickets separately; and if she will make a statement on the matter. [11694/10]

537 Questions— 9 March 2010. Written Answers

Medical Cards. 216. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children, further to Parliamentary Question No 139 of 4 February 2010, when a reply will issue from the Health Service Executive. [11701/10]

Hospital Accommodation. 217. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children, further to Parliamentary Question No. 140 of 4 February 2010, when a reply will issue from the Health Service Executive. [11702/10]

Medical Cards. 218. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children, further to Parliamentary Question No. 144 of 4 February 2010, when a reply will issue from the Health Service Executive. [11703/10]

Question No. 219 answered with Question No. 181.

Road Network. 220. Deputy Caoimhghín Ó Caoláin asked the Minister for Transport the progress made to date on the development of the N2/A5 — Monaghan to Derry and Donegal; the route selection Clontibret to Moy Bridge, including the by-pass of Emyvale; the stage of the N2 element of this overall intended works; the status the N2 element will be brought to, for example, dual carriageway; the anticipated overall cost of the N2 works and the A5 works separately; when he expects completion of the overall upgrade scheme; and if he will make a statement on the matter. [11093/10]

Minister for Transport (Deputy Noel Dempsey): As Minister for Transport, I have responsibility only for the overall policy and funding in relation to the national roads programme element of Transport 21. The construction, improvement and maintenance of national roads, including the projects mentioned by the Deputy, is a matter for the National Roads Authority under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned.

Job Losses. 221. Deputy Thomas P. Broughan asked the Minister for Transport his strategy for former workers at a company (details supplied) to return to work through education and job oppor-

538 Questions— 9 March 2010. Written Answers tunities; if he is contributing to an interdepartmental business plan in this regard; and if he will make a statement on the matter. [11114/10]

Minister for Transport (Deputy Noel Dempsey): Policy relating to return to work through education and job opportunities is the responsibility of my colleague the Tánaiste and the Minister for Enterprise, Trade and Employment. As confirmed by the DAA in the CEO’s statement to the Oireachtas Committee on Transport on the 24th February last on the subject of Hangar 6, DAA has at all times fully assisted the various State Agencies and Government Departments in their job creation efforts.

Rail Network. 222. Deputy Thomas P. Broughan asked the Minister for Transport if he has been briefed by Irish Rail on any proposals for a heritage service on the Rosslare-Waterford rail line; and if he will make a statement on the matter. [11217/10]

Minister for Transport (Deputy Noel Dempsey): Irish Rail recently briefed me on its plans for the Waterford-Rosslare railway line including the possible provision of tourist services by heritage railway interests. Decisions in relation to services on the line are, however, matters for Irish Rail in conjunction, in the case of public service obligation services, with the National Transport Authority.

Air Services. 223. Deputy Brian Hayes asked the Minister for Transport his views on correspondence (details supplied) sent to his Department on 24 February 2010; the reason that no regulatory or operational framework of micro light aircraft exists here in view of the existence of such a framework in other EU and international states; and if he will make a statement on the matter. [11354/10]

Minister for Transport (Deputy Noel Dempsey): The Regulation of microlight aircraft is an operational matter for the Irish Aviation Authority and I have no function in this matter.

Road Safety. 224. Deputy Seán Ó Fearghaíl asked the Minister for Transport if his attention has been drawn to the number of serious road traffic accidents that have occurred on the new M9, between Carlow and Kilkenny, since its opening in December 2009; his views on the situation; and if he will make a statement on the matter. [11436/10]

Minister for Transport (Deputy Noel Dempsey): As Minister for Transport, I have responsibility only for the overall policy and funding in relation to the national Roads Programme element of Transport 21. Under Section 17 of the Roads Act 1993, it is the general duty of the National Roads Authority to secure the provision of a safe and efficient network of roads. For that purpose, it has responsibility for the planning and supervision of works for the construction and maintenance of national roads.

Air Services. 225. Deputy Ciarán Cuffe asked the Minister for Transport the number of air traffic controllers employed by the State; the wage bill; the rates of pay; and if he will make a statement on the matter. [11438/10]

539 Questions— 9 March 2010. Written Answers

Minister for Transport (Deputy Noel Dempsey): Decisions regarding the employment of air traffic controllers, including numbers and rates of pay are operational matters for the Irish Aviation Authority and I have no function in this regard.

Marine Safety. 226. Deputy John O’Donoghue asked the Minister for Transport his plans to construct new coast guard stations at Valentia, County Kerry and Malin Head, County Donegal; and if he will make a statement on the matter. [11498/10]

Minister for Transport (Deputy Noel Dempsey): My Department is awaiting an OPW report on the scale and cost of the works required at the Coast Guard Coordination Centres in Malin Head and Valentia. The report in expected by May and will determine the order in which the work will be done. I will review the matter at that time with an intention that, subject to funding, work will commence as soon as possible.

Departmental Appointments. 227. Deputy Brian Hayes asked the Minister for Transport the persons who represent his Department on the Grangegorman Development Agency consultative forum; the number of times these persons have attended these consultative forum meetings; and if he will make a statement on the matter. [11520/10]

Minister for Transport (Deputy Noel Dempsey): My Department’s nominees to the Consulta- tive Forum of the Grangegorman Development Agency are Mr. J. Humphreys and Mr S. Ryan. (Mr. Ryan’s nomination ceased with effect from January 2009). Between them they have attended two meetings of the Forum. While neither have been in a position to attend meetings of the Consultative Forum on an ongoing basis, they have received the minutes of the meetings and have been available to the Agency to follow up, if required, in relation to issues of relevance to my Department or to attend if specific issues of relevance to the Department required their attendance.

Rail Network. 228. Deputy Brian Hayes asked the Minister for Transport the recent discussions that he has had with Irish Rail and the Railway Procurement Agency in relation to the development of a line (details supplied); and if he will make a statement on the matter. [11523/10]

Minister for Transport (Deputy Noel Dempsey): The development of transport projects in the Greater Dublin Area is a matter for the National Transport Authority. I have not had any recent discussions with either Irish Rail or the Railway Procurement Agency regarding the development of the Broadstone line.

Air Services. 229. Deputy Seán Ó Fearghaíl asked the Minister for Transport his views on correspondence (details supplied); and if he will make a statement on the matter. [11536/10]

Minister for Transport (Deputy Noel Dempsey): The regulation of microlight aircraft is an operational matter for the Irish Aviation Authority and I have no function in the matter.

Departmental Transport. 230. Deputy Denis Naughten asked the Minister for Transport the amount his Department

540 Questions— 9 March 2010. Written Answers paid annually for car mileage since 2007 to date in 2010; the amount paid to cover rail and bus tickets separately; and if he will make a statement on the matter. [11698/10]

Minister for Transport (Deputy Noel Dempsey): The information requested cannot be provided at this time due to industrial action. The material will be provided at a later date.

Rail Services. 231. Deputy Paul Gogarty asked the Minister for Transport the opening date of the western rail corridor; his views on whether the seasonal flooding at Ballycar and Newmarket-on-Fergus in County Clare will adversely affect the performance of the route; the level of funding provided by his Department to Irish Rail to operate the service in 2010, 2011 and 2012; and the level of passenger traffic that will be achieved on the route in 2010 to 2012. [11722/10]

Minister for Transport (Deputy Noel Dempsey): The Rail services between Galway and Limerick will commence on 30 March. The rest of the information requested cannot be provided at this time due to industrial action. The material will be provided at a later date.

Employment Rights. 232. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform if he plans to reform the regulations governing foreign student employment; the regulations in place pre-2000, post-2000, and post-2005; and if he will make a statement on the matter. [11704/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Since April 2001, following the introduction of a concession by the then Minister for Justice Equality and Law Reform, non-EEA nationals with permission to reside in the State as students were allowed to take up casual employment for 20 hours per week while studying and to work full time during vacation periods. In early 2005 the arrangements were refined somewhat. The entitlement to work was restricted to students on full-time courses of at least one year’s duration leading to a qualification recognised by the Minister for Education and Science. The number of permitted working hours remained the same. These arrangements are still in place. As the Deputy will be aware, a general review of the immigration regime for non-EEA students is underway at present. Following publication of a discussion paper on 1 September 2009 and a public consultation process, an Interdepartmental Committee chaired by my Depart- ment has been drawing up final recommendations. I expect to receive the Committee’s report shortly. The discussion paper had indicated that a separate exercise over a longer timeframe would be carried out by this Committee in relation to the student work concession. When I have received the Committee’s report on the overall reform of student immigration and reviewed its recommendations I will consider further when the Committee should carry out its review of the work concession.

Citizenship Applications. 233. Deputy Seán Ó Fearghaíl asked the Minister for Justice, Equality and Law Reform if he will consider the case of a person (details supplied) who has applied for naturalisation; and if he will make a statement on the matter. [11077/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I regret that the information requested by the Deputy is not readily to hand. I will write to the Deputy as soon as it is available.

541 Questions— 9 March 2010. Written Answers

Crime Levels. 234. Deputy Seán Sherlock asked the Minister for Justice, Equality and Law Reform his views on the United States overseas security advisory council’s report advising American tourists of the rising crime rates here; and if he will make a statement on the matter. [11090/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The report referred to by the Deputy is based on the recorded crime statistics for the third quarter of 2009, published by the Central Statistics Office. The statistics for the full year 2009 show that there was a decrease in nine of the 14 crime groups for which statistics were provided. Notable trends included a decrease in the numbers of cases of manslaughter (down 60%) and dangerous driving causing death (down 26.5%). These contributed to an overall fall in homicide offences of 10.1%. The number of cases of murder and manslaughter taken together (55) showed no increase in the year. Many murders are gang related, which underlines the necessity of the tough legislation enacted last year and which is now being fully utilised by An Garda Síochána. In 2009 there were also decreases in public order offences (down 7.8%) and controlled drugs offences (down 6.3%). Measures are being taken to address the rise shown in some forms of property crime reflected in the figures. There is a need for appropriate support for elderly people who may be subject to bogus callers to their homes. While householders must be vigilant, we must do what we can to protect the more vulnerable people in our society. I have met the Attorney General with regard to the issue of mandatory sentencing for such crimes, and he has requested the Law Reform Commission to examine the issue. I believe that the budgetary allocation for An Garda Síochána in 2010 — set against a difficult economic backdrop — gives me scope to continue to prioritise resources in dealing with crime. I am pleased that, despite the increased Garda retirements in 2009, the force num- bered just over 14,500 members at the end of 2009, compared with 14,412 at the end of 2008 and 13,755 at the end of 2007. I am also pleased that the number of road traffic fatalities decreased to 239 in 2009, down from 279 the previous year.

Liquor Licensing Laws. 235. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the process by which an existing holder of a publican’s licence renews the licence, including court appearance and notification in the local newspapers; the timeframes involved; and if he will make a statement on the matter. [11145/10]

236. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the process by which an existing holder of a off-licence liquor licence renews the licence, including court appearance and notification in the local newspapers; the timeframes involved; and if he will make a statement on the matter. [11146/10]

237. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the process and grounds by which an individual or group can object to the renewal of a publican’s licence; and if he will make a statement on the matter. [11147/10]

238. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the process and grounds by which an individual or group can object to the renewal of an liquor off-licence; and if he will make a statement on the matter. [11148/10]

542 Questions— 9 March 2010. Written Answers

239. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform his plans to change the liquor licensing system in the forthcoming sale of alcohol Bill to facilitate greater community involvement in decisions concerning renewal of liquor licences; and if he will make a statement on the matter. [11149/10]

240. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the process by which the holder of a liquor licence can apply for a special exemption order, including if a court appearance and notification in the local newspapers is required; the timeframes involved; and if he will make a statement on the matter. [11150/10]

241. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if he will implement the recommendation of the final report of the Commission on Liquor Licensing 2003 to enable local authorities to have a role, in consultation with local interests, regarding the grant of special exemption orders; and if he will make a statement on the matter. [11152/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to answer Questions Nos. 235 to 241, inclusive, together. I am not in a position as Minister for Justice, Equality and Law Reform to give advice on the law in response to Questions on specific matters. However, I can say that the law on renewal of intoxicating liquor licences and on special exemption orders is contained in the Licensing Acts 1833 to 2008. In so far as the proposed Sale of Alcohol Bill is concerned, the position is that the final details will be made available by way of publication of the Bill. The Heads of the Draft General Scheme of the Bill may be consulted on my Department’s website at www.justice.ie.

242. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the number of prosecutions, convictions and closure orders obtained under the Intoxicating Liquor Act 2002 in the years 2005, 2006, 2007, 2008 and 2009; and if he will make a statement on the matter. [11153/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Garda Síoch- ána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I will make arrangements, as soon as possible, to forward the Deputy’s request in respect of prosecutions and convictions to the CSO for direct reply. I am not in a position to respond at this time to the Deputy’s request in respect of closure orders, but will do so as soon as possible.

Public Order Offences. 243. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the number of offences committed under sections 4, 5 and 6 of the Criminal Justice (Public Order) Act 1994 in the years 2005, 2006, 2007, 2008 and 2009; and if he will make a statement on the matter. [11154/10]

543 Questions— 9 March 2010. Written Answers

Liquor Licensing Laws. 244. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if the guidelines to facilitate the commencement of test purchasing as provided for in section 14 of the Intoxicating Liquor Act 2008 have been finalised; when he expects to commence the section; and if he will make a statement on the matter. [11155/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The work on finalising the draft guidelines in respect of the procedures to be followed during test purchasing operations is at an advanced stage. I expect to be in a position to launch the guidelines in the near future, at which point I will also indicate the commencement date for section 14 of the Intoxicating Liquor Act 2008.

Crime Prevention. 245. Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform his plans to address the concerns of a person (details supplied) in County Waterford regarding security of homes in rural Ireland; and if he will make a statement on the matter. [11172/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am concerned at the incidence of burglaries and threats to the security of people’s homes. Consequently, one of the policing priorities which I set for An Garda Síochána in 2010 is achieving the maximum levels of safety for local communities. The Garda Commissioner shares my concerns. An Garda Síochána continually develop and implement crime prevention and detection strategies to target those who are committing burglaries. These include intelligence-led and focused operations and a strong emphasis on crime prevention and reduction, with the aim of reducing not only crime but also the fear of crime and so ensuring a better quality of community life for all. A community policing ethos drives the work of An Garda Síochána. The number of personnel assigned as dedicated community Gardaí has increased from 630 at the end of 2007 to 1,058 at the end of 2009, an increase of 68%. An Garda Síochána also support a number of initiatives which promote a community contribution to increasing public safety, including Community Alert and Neighbourhood Watch. In rural areas the Community Alert programme, which was set up by Muintir na Tíre in association with An Garda Síochána in 1985, is a national movement comprising more than 1,300 local groups dedicated to improving the quality of life of vulnerable people in rural Ireland, particularly the elderly. My Department provides financial support to Community Alert. Penalties for burglary and aggravated burglary are severe. A person who is convicted on indictment of the offence of burglary is liable to a fine or to a term of imprisonment of up to 14 years. A conviction for aggravated burglary carries a sentence of life imprisonment. Never- theless, I have met the Attorney General with regard to the issue of mandatory sentencing for such crimes, and he has requested the Law Reform Commission to examine the issue. If members of the public have suspicions that goods being sold or traded may have been stolen, they should refer these suspicions to An Garda Síochána for investigation. An Garda Síochána also encourage people to put measures in place in their homes to protect themselves and their property and reduce their vulnerability to such crime.

Residency Permits. 246. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the position regarding an application for leave to remain in respect of a person (details supplied) in County Meath. [11182/10]

544 Questions— 9 March 2010. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I regret to advise the Deputy that it is not possible to provide a response to his Question at this time. The information sought by the Deputy will be provided at a later date.

Citizenship Applications. 247. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the position regarding the application for citizenship in respect of persons (details supplied). [11183/10]

Residency Permits. 248. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the position regarding the residency applications in respect of persons (details supplied). [11184/10]

Citizenship Applications. 249. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the position regarding the citizenship applications by persons (details supplied) in Dublin 17. [11185/10]

Garda Stations. 250. Deputy Joe McHugh asked the Minister for Justice, Equality and Law Reform if he will address public concern in a town (details supplied) in County Donegal caused by the temporary closure of the town’s Garda station; the nature and thrust of An Garda Síochána services that will be provided in the town during this period; when the Garda station will reopen; the cost of these refurbishments to the building; and if he will make a statement on the matter. [11191/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am advised by the Garda authorities that a contract is in place for the refurbishment and extension of the accommodation at Carndonagh and work commenced on site on the 2nd of March 2010. The refurbishment and extension works are expected to last a number of months during which time Gardaí normally based at Carndonagh will operate from Clonmany and Malin stations. In addition, a Garda public office will operate in Carndonagh during weekdays from 9.00 a.m. to 3.00 p.m., for the duration of refurbishment works, to facilitate public enquiries. Garda management monitor, on an ongoing basis, policing arrangements and operational strategies in place, in conjunction with crime trends and policing needs of the communities, to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public. In this regard, local Garda management have put in place arrangements to ensure

545 Questions— 9 March 2010. Written Answers

[Deputy Dermot Ahern.] that there is no diminution in the policing service provided to the North Inishowen area in the period concerned. While I do not have details of all the costs involved, I understand from the Office of Public Works that the relevant expenditure is likely to exceed €100,000.

Garda Disciplinary Proceedings. 251. Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the steps he has taken to address a submission (details supplied) regarding bullying at work by a member of An Garda Síochána; and if he will make a statement on the matter. [11198/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The matter referred to by the Deputy was copied to me recently as part of correspondence between the person in question and the Commissioner. It is however a matter for the Commissioner to deal with under the procedures for dealing with allegations of bullying and harassment in An Garda Síochána.

Garda Deployment. 252. Deputy Maureen O’Sullivan asked the Minister for Justice, Equality and Law Reform when an appointment will be made to the vacancy at the Bridewell Garda station, Dublin 7, for the post of crime prevention officer. [11209/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Responsibility for the allocation of resources, including personnel, within the Force rests with the Garda Com- missioner, in consultation with his senior management team. Resource levels are constantly monitored, in conjunction with crime trends and other demands made on An Garda Síochána and the situation is kept under continuing review.

Departmental Correspondence. 253. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform if an application for a scheme in respect of a person (details supplied) in County Galway has been received; if so, the stage of this application; and when a decision will be made on an application. [11244/10]

254. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform if documentation will be returned to a person (details supplied) in County Galway. [11245/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 253 and 254 together. I am informed by the Immigration Division of my Department that an application under this scheme was received from the person referred to by the Deputy. The person has been advised by my Department that they are not eligible for consideration under this particular scheme and have recently written to her in this regard. Her passport and supporting documentation have also been returned. I have also been informed that my officials have advised the person in question that she may qualify under the new provisions for non-EEA workers who are made redundant and have advised her of the conditions that apply under that scheme.

Visa Applications. 255. Deputy Liz McManus asked the Minister for Justice, Equality and Law Reform his views on criticisms from an organisation (details supplied) that the tourist visa system operated by his Department is having a negative impact on the tourism industry and costing thousands of jobs; his further views on the requirements for various documentation from visitors from

546 Questions— 9 March 2010. Written Answers

China, India and Russia and whether these requirements are necessary; if he will review this system; and if he will make a statement on the matter. [11353/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): While promotion of tourism in Ireland is primarily a matter for the Department of Arts, Sport and Tourism and associated agencies, I am aware of recent media coverage of comments by the Chief Executive of the Coach Tourism and Transport Council (CTTC). In fact, officials of my Department have already met with the Chief Executive of the CTTC to discuss matters of mutual interest and lines of communication in this important area will be kept open. The Deputy mentions the type of documentation required of certain types of short-stay visa applicant. This point was covered at the meeting with the CTTC. It appears that there is confusion about the type of documentation to be produced by persons coming to Ireland to visit family members or friends, and those with no connections in Ireland coming here on holiday. The following extract from guidance for visa applicants, which appears on the website of the Irish Naturalisation and Immigration Service website, makes a distinction between the type of documentation and supporting information required by both categories of traveller:

— Full details of the reason for your visit — e.g. to visit family, friends, etc.

— If you intend staying in hotel accommodation, confirmation of booking from the hotel.

— A letter of invitation from your reference in Ireland confirming accommodation will be provided for duration of your visit.

It must be stressed that both types of visitor are very welcome to visit Ireland and my officials will endeavour to make the guidance for visa applicants even clearer As with all visa services in all countries worldwide, the central concern is to strike an appropriate balance between protecting the country’s vital national interests by maintaining an effective immigration regime, while at the same time not placing unnecessary or unreasonable obstacles in the way of those who intend travelling for legitimate purposes and who are likely to abide by the terms of their visa. Each visa application is decided on its own merits and I believe that, in most cases, my Department achieves this balance. Visa approval rates for some of the countries mentioned in recent media reports and, in particular, in some of the countries mentioned by the Deputy, bear this out. Approval rates for visa applications of all types processed through some Irish overseas Visa Offices in 2009 were:

— New Delhi (serving India, Bangladesh, Sri Lanka, Nepal) — 90%;

— Beijing (serving China, Cambodia, Mongolia) — 86%;

— Moscow (serving Russia and several former Soviet republics) — 98%;

— London (serving all visa required nationals based in the UK) — 98%.

Sexual Offences. 256. Deputy Brendan Kenneally asked the Minister for Justice, Equality and Law Reform the position regarding a sex offenders register here and if he intends to implement an all- Ireland sex offenders register; and if he will make a statement on the matter. [11404/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Sex Offenders Act 2001 contains a comprehensive series of provisions aimed at protecting children and other persons. The Act makes persons convicted of a range of sexual offences subject to notification

547 Questions— 9 March 2010. Written Answers

[Deputy Dermot Ahern.] requirements under its Part 2. The provisions of the Act also extend to any offenders convicted abroad of the same range of sexual offences who enter the State, including from Northern Ireland. An Garda Síochána has a system in place for the monitoring of all persons subject to these requirements. The Domestic Violence and Sexual Assault Investigation Unit monitors and manages the notification provisions. The Unit maintains all information relating to persons who have obligations under the Act. There is a nominated Garda Inspector in each Garda Division who has responsibility for the monitoring of persons subject to the requirements of the Act in their Division. As soon as the Domestic Violence and Sexual Assault Investigation Unit is advised by a relevant authority, such as the Irish Prison Service, the Courts Service or a foreign law enforcement agency, of the impending release or movement of sex offenders into their area this information is immediately passed to the nominated Inspectors, who are advised of information relevant to their Division. An Garda Síochána and the PSNI maintain close contact and exchange intelligence on convicted sex offenders. A Memorandum of Understanding was signed by the Irish and British Governments in 2006 on the sharing between An Garda Síochána and British police forces, including the PSNI, of information on sex offenders. An Garda Síochána and the PSNI have subsequently signed an agreement on the sharing of personal data in relation to the investigation of sexual offences and the monitoring of sex offenders. A High Level Group set up by my Department and involving An Garda Síochána, the Irish Prison Service, the Probation Service and the HSE is examining the arrangements in place for the management of sex offenders with a view to strengthening inter-agency co-operation and further enhancing public protection and safety. The group’s remit includes a review of the procedures and legislation relating to the assessment, monitoring and supervision of convicted sex offenders. I am currently reviewing the criminal law on sexual offences, including the provisions of the Sex Offenders Act 2001. The review is taking into account the relevant legislative provisions in force in Northern Ireland and the importance of ensuring that convicted sex offenders gain no advantage from living in or visiting either of the jurisdictions on this island. Should the need for changes to the law in this area be identified, I will bring proposals to Government seeking approval for the preparation of appropriate amendments to the legislation.

Citizenship Applications. 257. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [11417/10]

258. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress made to date in the determination of residency status and citizenship in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [11418/10]

548 Questions— 9 March 2010. Written Answers

259. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for family reunification in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [11419/10]

Residency Permits. 260. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [11420/10]

Citizenship Applications. 261. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a Garda national immigration card will be returned to a person (details supplied) while consideration takes place of their application for naturalisation; and if he will make a statement on the matter. [11421/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Officials in the Citizenship Division of my Department inform me that they did not request nor are in possession of a Garda National Immigration Card from the person referred to in the Deputy’s question. It is not the policy of that Division to seek original documents from an applicant until processing of an application has been finalised.

Residency Permits. 262. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress to date in the determination of residency or citizenship in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [11422/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my Reply to his recent Parliamentary Question, No. 150 of Thursday, 11 February 2010, in this matter. The position in the State of the person concerned is as set out in that Reply.

Road Traffic Accidents. 263. Deputy Seán Ó Fearghaíl asked the Minister for Justice, Equality and Law Reform the number of road traffic accidents that have been investigated by the Garda since the new M9 motorway, between Carlow and Kilcullen, opened in December 2009; if the number is unprecedented for a new road; if An Garda Síochána has expressed concerns on the issue; and if he will make a statement on the matter. [11435/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am not in a position to respond to the Deputy at this time, but will do so as soon as the relevant information is available.

549 Questions— 9 March 2010. Written Answers

Pension Provisions. 264. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the reason for the delay in the payment of retirement pension to a prison officer (details supplied) in County Laois, who retired on 24 December 2009 and who has not received pension or gratuity in respect of their service; and if he will make a statement on the matter. [11455/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The information requested by the Deputy is not currently available. It will be provided as soon as possible.

Citizenship Applications. 265. Deputy Dan Neville asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in respect of a person (details supplied) in County Limerick. [11461/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Officials in the Citizenship Division of my Department inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy’s Question

266. Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform if he will support the case of a person (details supplied) in Dublin 5; and if he will make a statement on the matter. [11489/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Section 15 of the Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may grant a certificate of naturalisation if, among other things, the applicant has been resident in the State for five years in the nine year period before the date of application i.e. 60 months and has one year’s continuous residency immediately preceding the date of application. For the purpose of calculating this residency, no period may be taken into account where a non-Irish national:

— was required to have the permission of the Minister to remain in the State but did not have that permission or

— had permission to remain for the purpose of study (whether or not such study necessi- tated the employment of the non-national during the whole or part of the period of study) or

— had permission to remain for the purpose of seeking to be recognised as a refugee (within the meaning of the Refugee Act, 1996) where such application was either unsuccessful or withdrawn.

An examination of her permissions as evidenced by stamps placed in her passport by an immigration officer indicated that the person concerned did not meet the necessary criteria at the time she applied. I have asked my officials to re-issue the letter of 29 September 2009 along with the document showing the calculation of residency.

Deportation Orders. 267. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the numbers of asylum applicants and others who were deported from the State during the week beginning 1 March 2010; their country of birth; the locations to which they were trans- ported out of here; the locations at which they resided here; the number of those deported that

550 Questions— 9 March 2010. Written Answers left a husband or wife or partner or children behind; the number of those children that were born here; and if he will make a statement on the matter. [11517/10]

268. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the number of persons deported from this State during the week beginning 1 March 2010 who had been given access to a judicial review process prior to their forced departure; the number who did not have this; the position regarding entitlement to same for asylum seekers generally; and if he will make a statement on the matter. [11518/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Irish Naturalisation and Immigration Service of my Department that 25 people were deported from the State during the week beginning 1 March 2010. In relation to access to the judicial review process, I would refer to the Deputy to the relevant legislation in this regard. Section 5 of the Illegal Immigrants (Trafficking) Act 2000 provides that any person the subject of a deportation order can question the validity of that order by way of an application for judicial review under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986).

Probation and Welfare Service. 269. Deputy Brian Hayes asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to plans to open a prisoner rehabilitation facility in an area (details supplied) in Dublin 1; if these plans are inconsistent with the national drugs strategy; and if he will make a statement on the matter. [11521/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I can inform the Deputy that the Department of Justice, Equality and Law Reform through the Probation Service provides funding to approximately 50 voluntary bodies to assist with the management of offenders in the community. These funded projects provide a range of services to offenders in local communities, including training and education, offender management programmes, residential accommodation, and drug and alcohol abuse treatment programmes. The project the subject of this Parliamentary Question , is one such project. As the Deputy may be aware the Project in question provides an intensive supervision programme for male offenders in the greater Dublin area who are subject to Probation Service supervision. The programme is delivered by a multi-disciplinary team with the Probation Service as the lead agency. For clarity I should point out that this project is not an addiction treatment centre. The project is currently accommodated in leased premises in Parnell St, Dublin 1. These premises have been found not to be suitable for the long term operation of the project and in January this year work commenced on the fit out of new office premises at Wolfe Tone Street also in Dublin 1. The project is expected to move in after the construction work is completed in May and before their current lease expires. Although my Department recognises that addiction is a contributory factor in re-offending the Probation Service is not a primary drug treatment service provider. As the Deputy is fully aware the HSE is established as the principal provider and funder of medical and non-medical addiction services for both illicit drug and alcohol use delivered through its Social Inclusion Services. That said, I can assure the Deputy that, in keeping with the principles in the National Drug Strategy 2009-2016 and specific recommendations contained therein, the Probation

551 Questions— 9 March 2010. Written Answers

[Deputy Dermot Ahern.] Service is fully committed to playing its part in the development and implementation of a comprehensive and integrated drug treatment implementation programme.

Identity Documents. 270. Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform if there are photographic identity documents that can be provided to persons who do not drive or have occasion to require a passport, now that financial institutions frequently require such for avoidance of money laundering and so on. [11553/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): My Department has no responsibility for the provision of identity documents of the kind referred to by the Deputy.

Departmental Transport. 271. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the amount his Department paid annually for car mileage since 2007 to date in 2010; the amount paid to cover rail and bus tickets separately; and if he will make a statement on the matter. [11695/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The information in respect of Subhead A of my Department’s Vote sought by the Deputy is as follows: 2007 Mileage €123,796; 2007 Rail&Bus €18,485; 2008 Mileage €124,176; 2008 Rail&Bus €18,115; 2009 Mileage €56,400; €2009 Rail&Bus €17,103; 2010 Mileage €4,179; 2010 Rail&Bus €2,415.

Airport Security. 272. Deputy Paul Gogarty asked the Minister for Justice, Equality and Law Reform the amount spent by his Department with particular reference to operations of the Garda Síochána, in providing security at Shannon Airport in the years 2003, 2004, 2005, 2006, 2007, 2008 and 2009 with respect to the airport being used by the US military; and if he will make a statement on the matter. [11716/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Deputy should be aware that the deployment of Garda resources is a matter for the Garda Commissioner, taking into account all relevant factors. The Deputy should also note that the policing arrangements at Shannon Airport are deemed necessary to ensure the safety and security of airport personnel, passengers, the general public and property. Expenditure in this regard is met from the Garda Vote, not from my Department’s Vote. I am informed by the Garda Authorities that expenditure in connection with the provision of policing arrangements at Shannon Airport since 2004 is as set out in the table below.

2004 2005 2006 2007 2008 2009

€1,550,318 €1,471,450 €4,080,737 €2,558,315 €2,046,958 €2,091,457

I am further informed that details of overall costs prior to 2004 are not readily available from the Garda financial management system. I can indicate to the Deputy from information provided previously that, excluding salary costs, €762,999 was spent in 2003 in this regard.

Human Rights Issues. 273. Deputy Brendan Howlin asked the Minister for Foreign Affairs the progress of demo- 552 Questions— 9 March 2010. Written Answers cratic and political reform in Zimbabwe; the position regarding human rights repression in Zimbabwe and the recent arrests of leaders of the General Agricultural and Plantation Workers Union and activists from Women of Zimbabwe Arise; the efforts of his Department’s representatives in Zimbabwe, which have been effective in applying pressure on human rights cases in the recent past; and if he will make a statement on the matter. [11169/10]

Minister for Foreign Affairs (Deputy Micheál Martin): The situation in Zimbabwe continues to be of great concern to the Government and to the European Union as a whole. While we have seen some improvements in the economic sphere since the formation of the unity government, this has not been matched in other crucial areas, including respect for human rights, the rule of law and security sector reform. In particular, the continued intimidation, harassment and violence directed against political activists and members of Zimbabwean civil society, including the recent incidents cited by the Deputy, are of grave concern. In terms of finding a way forward on these issues, Zimbabwe’s neighbours have a critical role to play in encouraging reform, and can bring the greatest influence to bear in achieving progress in implementing the power sharing agreement. In that regard, the summit last November of the Southern African Development Community (SADC), who are the guarantors of the Global Political Agreement (GPA), committed both parties in the unity government to enter talks on the full implementation of the GPA. This is a positive development and, with our EU partners, we will continue to support any such efforts to secure full implementation of the GPA and a unity government that delivers on the promise of reform. Regrettably, political dialogue between the EU and Zimbabwe has stalled. The EU has repeatedly stated its willingness to re-engage with the Zimbabwean Government. Re-engagement, however, remains conditional on a willingness to pursue in good faith the agreed goals set out in the GPA. These include restoration of the rule of law, commitment to the democratic process, and respect for human rights. We will continue to monitor the situation and press all members of the inclusive government to fulfil these obligations. In the meantime, Ireland has worked closely with our EU partners in developing a consistent approach to Zimbabwe that benefits the people of Zimbabwe, while maintaining pressure on the Government to reform. In keeping with other international donors, we do not provide funding to the Zimbabwean Government, but respond to the humanitarian needs of the Zimbabwean people through support for the work of multilateral and non-governmental organisations. In 2009, Ireland provided funding of €5.6 million to a range of humanitarian programmes in Zimbabwe, focused on food security, tackling HIV and AIDS, human rights and supporting civil society organisations that provide essential services for the population. It is vital for the future of Zimbabwe that the unity government delivers on the promise of reform, and secures for Zimbabwe’s people real political freedoms, a return to the rule of law and economic development. Ireland will continue to work with our partners in the international community to encourage progress in these areas.

Departmental Transport. 274. Deputy Denis Naughten asked the Minister for Foreign Affairs the amount his Depart- ment paid annually for car mileage since 2007 to date in 2010; the amount paid to cover rail and bus tickets separately; and if he will make a statement on the matter. [11693/10]

Minister for Foreign Affairs (Deputy Micheál Martin): The Department of Foreign Affairs is responsible for two Votes — Vote 28 (Foreign Affairs) and Vote 29 (International Cooperation), which is administered by the Department’s Development Cooperation Division

553 Questions— 9 March 2010. Written Answers

[Deputy Micheál Martin.] (Irish Aid) which decentralised to Limerick in 2008. The total expenditure by my Department for the purposes referred to by the Deputy is set out in the following table:

Year Mileage Rail and Bus Tickets

€000 €000

2007 346 157 2008 361 197 2009 224 188 2010 (to 4th March) 84 15

Sports Capital Programme. 275. Deputy Finian McGrath asked the Minister for Arts, Sport and Tourism if he will support a club (details supplied) in Dublin 3 in 2010. [11210/10]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): The club in question has received €657,896 in funding under the Sports Capital Programme, all of which has been drawn down.

276. Deputy Finian McGrath asked the Minister for Arts, Sport and Tourism if he will support a club (details supplied) in Dublin 5. [11211/10]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): The club in question has received €340,461 in funding under the Sports Capital Programme, all of which has been drawn down. Most recently, a payment of €142,500 was made by the Department on 19 November 2009 and a further payment of €7,500 was authorised on 2 March 2010 which may have been received by the club.

Tourist Accommodation. 277. Deputy Mary Alexandra White asked the Minister for Arts, Sport and Tourism if he expects to produce legislation as part of implementation of the Towards Competitiveness and Distinction, a framework for action for the Irish homes bed and breakfast sector; and if he will make a statement on the matter. [11347/10]

278. Deputy Mary Alexandra White asked the Minister for Arts, Sport and Tourism if he expects to produce legislation to increase quality control measures for the bed and breakfast sector. [11348/10]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): I propose to take Questions Nos. 277 and 278 together. The Irish Bed and Breakfast Working Group produced its report —“Towards Competi- tiveness and Distinction” in June 2008 following which an implementation group chaired by Ms Mairead Lavery was established. Both groups comprise members of the bed and breakfast representative bodies, marketing groups and independents. The implementation of the recommendations in the report is a day to day matter for Fáilte Ireland under the National Tourism Development Authority Act 2003. I am advised by Fáilte Ireland that legislation is not required to ensure the implementation of the recommendations contained in the report and that no proposal for separate legislation was put forward in either the report or by the implementation group. Fáilte Ireland advises me that legislation is not necessary to increase quality control 554 Questions— 9 March 2010. Written Answers measures for the bed and breakfast sector. I have, therefore, no plans to introduce legislation on either of these matters.

Sports Capital Programme. 279. Deputy Michael McGrath asked the Minister for Arts, Sport and Tourism the position regarding the payment of a grant to a club (details supplied) in County Cork under the sports capital grant programme. [11476/10]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): The grantee in question was allocated a number of grants under the Sports Capital Programme between 1996 and 2004. The grant allocations are subject to the terms and conditions of the Programme, which include the execution of a Deed of Covenant and Charge. A Deed provides, inter alia, for a refund of the grant in the event of the facility not continuing to be used for the purpose for which the grant was allocated. The Department’s legal adviser, the Chief State Solicitor’s Office (CSSO), deals with the grantee’s solicitor in executing this Deed. The CSSO wrote to the club’s solicitors in relation to this matter most recently on 7 July 2009. The latest update from the CSSO is that no response has been received to that letter. It is also the case that the Department received additional documentation from the grantee in question in relation to the allocation on 14 July 2009. However, as the Deed of Covenant and Charge is required in order to protect the taxpayers’ investment in the project, the Depart- ment must await clarification from the CSSO that all legal formalities have been completed before it may consider providing formal approval for the project.

Tax Code. 280. Deputy Mary Upton asked the Minister for Arts, Sport and Tourism if he will arrange a meeting of all interested parties to discuss and progress the issue of remote gambling and taxation, to include organisations (details supplied) and any other appropriate parties; and if he will make a statement on the matter. [11516/10]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): The Deputy will be aware that my colleague, the Minister for Finance, has stated that it is his intention to widen, if possible, the tax base on which betting duty would be applied. Bets placed either on-line or over the phone are generally with out-of-State companies so applying betting duty is therefore problematic. However, officials from the Department of Finance, in conjunction with the Office of the Attorney General, the Office of the Revenue Commissioners and the Department of Justice, Equality and Law Reform, are looking at the scope to overcome legal and operational difficulties in this area. In addition, the Department of Finance is working closely with the Department of Justice, Equality and Law Reform which has initiated a review in order to provide the Government with options for a new and comprehensive legal and organisational framework governing gambling architecture in the State. As part of that review the Department of Justice, Equality and Law Reform has received submissions from and met with the stakeholders. I have also discussed these matters with representatives of the organisations concerned in the context of the future funding of the horse and greyhound industries.

Departmental Transport. 281. Deputy Denis Naughten asked the Minister for Arts, Sport and Tourism the amount his Department paid annually for car mileage since 2007 to date in 2010; the amount paid to cover rail and bus tickets separately; and if he will make a statement on the matter. [11685/10]

555 Questions— 9 March 2010. Written Answers

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): My Department has paid the following amounts annually in respect of car mileage since 2007 to date in 2010:

Year €

2007 82,981.34 2008 61,507.43 2009 34,819.13 2010 to date 3,283.90

My Department has paid the following amounts annually in respect of rail and bus tickets since 2007 to date in 2010:

Year €

2007 18,764.07 2008 21,552.96 2009 30,796.37 2010 to date 3,302.85

Tourism Industry. 282. Deputy Ruairí Quinn asked the Minister for Community, Rural and Gaeltacht Affairs if his attention has been drawn to the voices of anger that have been expressed in the German media by disappointed tourists who returned from here having experienced blocked access to country walks (details supplied); the action he proposes to take to ensure that the commitments by him to facilitate ease of access to countryside walking here are pursued; and if he will make a statement on the matter. [11080/10]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): I am aware of the article referred to by the Deputy which, I understand, has appeared on a website blog. While I acknowledge that different users of our walking trails can have different experiences, I am disappointed that the position represented in the article does not reflect the very significant progress that has been made in this area in recent years. There is a commitment at all levels of Government to provide a quality experience for all walkers, including tourists. This has been underpinned by the excellent work of Comhairle na Tuaithe and by many other stakeholders. The development of the Walks Scheme has seen unprecedented progress in this area, with 27 trails specifically supported under the Scheme. This is in addition to other initiatives, for example in the area of looped walks, where there are now 165 such facilities available throughout the countryside. I am aware that several of the specific points raised in the article are inherent to the nature of the walks, such as weather-related issues and archaeological sensitivities. Overall, I believe the position in these areas is more positive and walker-friendly than has been described. I should also point out that my Department actively engages in resolving disputes where access is threatened or denied and, in addition, the 12 Rural Recreation Officers who are employed throughout the country, work diligently in following up access issues and liaising with walkers. I am of the view that when it comes to the development of walks and access issues, a local community-based approach is the best way forward and indeed, many of the controversial access points throughout the country have been resolved through engagement with landholders and local communities. 556 Questions— 9 March 2010. Written Answers

283. Deputy Ruairí Quinn asked the Minister for Community, Rural and Gaeltacht Affairs the number of landowners who have volunteered to participate in the two pilot walking schemes at Carauntwohill, County Kerry and Mount Gable, County Galway; if these two pilot schemes have been completed; the number of new schemes planned; when they will be implemented; and if he will make a statement on the matter. [11079/10]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): As the Deputy is aware, my Department, through the work of Comhairle Na Tuaithe, is engaged in the development of pilot schemes to facilitate access to upland areas for recreation purposes. In relation to the pilot project at Mount Gable, good progress has been made in identifying the land-holders concerned and in securing their agreement for permissive access to the upland areas. To date, some 25 land-holders have indicated willingness to participate in the pilot project and there have been very constructive engagements with a range of community and recreation interest groups who are involved in the development of this project. The pilot project at Carrauntoohill is at an earlier stage of development. Some ten land-holders have agreed to participate and work is ongoing to identify both the scope of the uplands area to be covered and the land-holders involved. It is anticipated that both pilot projects will be launched during 2010. Depending on the progress in this regard, I anticipate rolling out arrangements for uplands access nationally as soon as possible, with the assistance of the Local Development Companies and other stakeholders, including those involved with Comhairle na Tuaithe. I am keen to address what I consider is the significant demand for unrestricted hill walking and I believe having well delivered pilot projects, with broad community involvement, is an important first step in this initiative.

European Year of Volunteering. 284. Deputy Caoimhghín Ó Caoláin asked the Minister for Community, Rural and Gaeltacht Affairs the steps he will take to support the European Year of Volunteering 2011; if he will establish a committee to oversee the year; the level of funding he will provide to support activities during the year; and if he will make a statement on the matter. [11166/10]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy John Curran): Each EU Member State is required to designate a national co-ordinating body which will be responsible for organising its participation in the European Year of Volunteering 2011. The Irish nominee is Volunteering Ireland, a representative body whose member organisations include the GAA, the ICA, the FAI, St Vincent de Paul, Tidy Towns Association and the National Youth Council of Ireland. Volunteering Ireland is in the process of establishing a steering committee of relevant organisations from the community & voluntary sector, as well as State representatives. In carrying out its duties, Volunteering Ireland will be required to closely consult with a wide range of relevant stakeholders within civil society and, where appropriate, the national agencies or contact points of relevant community programmes. The EU Commission will determine the indicative amounts available for grants to each national co-ordinating body. The criteria for funding will take into account population size, the cost of living, and a fixed amount per Member State to guarantee a minimum level of activities. The maximum EU co-financing is set at 80% of the total eligible cost, with the remaining 20% to be provided by the Exchequer, through my Department. Each national co-ordinating body will be required to submit a single application for EU funding. The application will be required to detail the national co-ordinating body’s work programme to promote the European Year.

557 Questions— 9 March 2010. Written Answers

Departmental Correspondence. 285. Deputy Terence Flanagan asked the Minister for Community, Rural and Gaeltacht Affairs if he will respond to a query (details supplied); and if he will make a statement on the matter. [11230/10]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy John Curran): There are two issues of public concern raised in the Deputy’s Question. However, given the difficulty in responding adequately to the matters raised by him within the constraints of a ‘details supplied’ Question, I am arranging to have the relevant information forwarded directly to him. If the Deputy would prefer to re-submit the Question in a less restricted format, I will, of course, be glad to put my response on the record of the House.

Community Development. 286. Deputy Brian O’Shea asked the Minister for Community, Rural and Gaeltacht Affairs his views on the proposal for a new local and community development programme structure in Waterford city (details supplied); and if he will make a statement on the matter. [11474/10]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy John Curran): As the Deputy is aware, the aim of the new Local and Community Development Programme (LCDP) is to tackle poverty and social exclusion through partnership and constructive engagement between Government and its agencies and people in disadvantaged communities, while enabling groups to objectively demonstrate the positive impacts they are securing for local communities. It is intended that the LCDP will be implemented nationally on an integrated basis through new structural arrangements involving the 53 Partnership Companies and the 164 Community Development Projects. Local development companies and projects will be able to identify and meet the needs of communities and particular attention will be given to RAPID areas and to those areas where a CDP is no longer operating. An implementation strategy, involving the stakeholders, is underway for LCDP roll-out over the course of 2010. My Department has set out a model for integrated service delivery and structures at a local level which would involve, among other things, the re-constitution of the voluntary boards of CDPs from the end of 2010. My Department has taken care in the design of the implementation process for the LCDP and ample time has been allowed to ensure that the objective of integrated service delivery can be achieved. However, it has been conveyed to CDPs and local development companies that if better models are proposed by them, these will be accepted, as long as they achieve integrated and cost effective service delivery. In the view of my Department, the model proposed for Waterford City does not meet the objective of integrated service delivery and structures, and, in fact, would create additional structures. Moreover, it is considered that the model proposed does not have the potential either to achieve the kind of efficiencies that are required in light of budgetary provisions or to reduce the heavy administrative and legal burdens currently required of CDP board members.

National Drugs Strategy. 287. Deputy Joe Costello asked the Minister for Community, Rural and Gaeltacht Affairs the number of local drugs tasks forces here; the funding granted to each task force in each of the past three years including the funding for 2010; and if he will make a statement on the matter. [11485/10]

558 Questions— 9 March 2010. Written Answers

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy John Curran): There are 14 Local Drugs Task Forces funded by my Department. The funding allocated to each Task Force since 2007 is outlined in the table below.

Local Drugs Task Force Area Funding Funding Funding Funding allocated 2007 allocated 2008 allocated 2009 allocated 2010

€m €m €m €m

Ballyfermot 1.52 1.83 1.57 1.53 Ballymun 1.13 1.43 1.26 1.24 Blanchardstown 1.12 1.39 1.29 1.18 Bray 1.65 1.8 1.77 1.66 Canal Communities 1.79 1.82 1.72 1.65 Clondalkin 1.48 1.65 1.58 1.50 Cork 1.64 1.84 1.76 1.66 Cross Task Force projects* 0.85 0.12 0.1 0.1 Dublin 12 0.05 1.41 1.23 1.18 Dublin North East 1.24 1.48 1.26 1.29 Dún Laoghaire/ Rathdown 1.12 1.06 1.03 0.98 Finglas Cabra 0.89 1.06 0.91 0.99 North Inner City 2.36 2.97 2.62 2.50 South Inner City 1.84 2.63 2.43 2.28 Tallaght 1.21 1.41 1.28 1.32

Total 19.89 23.9 21.81 21.05 *These projects cater for clients from a number of different Task Force areas.

Departmental Transport. 288. Deputy Denis Naughten asked the Minister for Community, Rural and Gaeltacht Affairs the amount his Department paid annually for car mileage since 2007 to date in 2010; the amount paid to cover rail and bus tickets separately; and if he will make a statement on the matter. [11687/10]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): The relevant costs from 2007 to date in 2010 are set out in the table below:

2007 2008 2009 2010 (to 1 March 2010)

€€€€

Car mileage 362,338 386,299 211,673 16,585 Train fares 21,072 25,810 19,066 1,713 Bus fares 642 1,067 1,190 90

Replies to Questions Nos. 289 to 343, inclusive, not received from the Department.

Commemorative Events. 344. Deputy Jimmy Deenihan asked the Minister for Defence if he has plans in place to mark the centenary of the founding of the Irish Volunteers in 2013; if so, the details of these plans; and if he will make a statement on the matter. [11117/10] 559 Questions— 9 March 2010. Written Answers

The Taoiseach and Minister for Defence (Deputy Brian Cowen): A multi annual framework for the centenary anniversaries leading towards the centenary of the Easter Rising in 2016 is being prepared. The founding of the Irish Volunteers in 1913 was a very significant development in the political life of the nation and will be included in this commemorative programme. The proposed commemorative framework will be discussed in due course with the All Party Oireachtas Consultation Group.

Postal Voting. 345. Deputy Jimmy Deenihan asked the Taoiseach and Minister for Defence if he will allow reservists to have a postal vote, the same as their Permanent Defence Force colleagues, in view of the fact that many reservists were unable to exercise their right to vote recently on the Lisbon treaty due to the Reserve Defence Force assessment; and if he will make a statement on the matter. [11343/10]

The Taoiseach and Minister for Defence (Deputy Brian Cowen: The Permanent Defence Force by virtue of the nature of their duties and the likelihood that they could be posted away from their home base or overseas for lengthy periods, have a particular need for postal voting. While members of the Reserve Defence Force play a valuable role in the military organisation, the same considerations do not apply to them. The Electoral Act, 1992 provides for postal voting in certain circumstances for personnel of the Reserve Defence Force. I have been advised by the Military Authorities that the requisite flexibility was afforded to Reservists on voluntary training on the 2 October 2009, the day of voting on the National Referendum on the Lisbon Treaty, to exercise their constitutional right on the day.

Departmental Transport. 346. Deputy Denis Naughten asked the Taoiseach and Minister for Defence the amount his Department paid annually for car mileage since 2007 to date in 2010; the amount paid to cover rail and bus tickets separately; and if he will make a statement on the matter. [11688/10]

The Taoiseach and Minister for Defence (Deputy Brian Cowen: I regret to advise the Deputy that, due to industrial action, it is not possible to provide a response to his question at this time.

Army Nursing Service. 347. Deputy Michael Creed asked the Taoiseach and Minister for Defence the reason members of the Army nursing service do not have right of access to the Ombudsman for the Defence Forces; the way members of the Army nursing service who have a workplace grievance can have access to an independent appeal beyond the director of the Army medical corps; and if he will make a statement on the matter. [11700/10]

The Taoiseach and Minister for Defence (Deputy Brian Cowen: The redress of wrongs process for the Army Nursing Service is set out in Defence Force Regulations A. 14. Under the provision of those regulations if a member of the Army Nursing Service thinks herself wronged a complaint may be made to her Commanding Officer and, if she thinks herself wronged by the Commanding Officer, either in respect of her complaint not being redressed or in respect of any other matter, she may make a complaint to the Director of the Medical Corps. This is the full scope of the redress of wrong process which is open to members of the Army Nursing Services under the provisions of the Defence Acts. In the case of a serving member of the Defence Forces an action may only be investigated by the Ombudsman for the Defence Forces where a complaint regarding that action was first

560 Questions— 9 March 2010. Written Answers made under section 114 of the Defence Act. Section 290 of the Defence Act, which deals with the application of the Act to members of the Army Nursing Service, specifies the relevant sections of the Act which are applicable to a member of the Army Nursing Service, one of which is not section 114. Unlike both officers and enlisted personnel, members of the Army Nursing Service may if they so choose opt to join a trade union and indeed many have chosen to do so. In this context they are entitled to avail of the full range of industrial relations machinery which is available to employees generally but not to officers or enlisted personnel of the Defence Forces. The lack of access to this process for military personnel was one of the primary reasons why the Office of the Ombudsman for the Defence Forces was established. The availability of access to union membership and consequently to redress through normal industrial relations machinery to members of the Army Nursing Service is the reason why they were excluded from seeking redress through the Ombudsman for the Defence Forces.

Airport Security. 348. Deputy Paul Gogarty asked the Taoiseach and Minister for Defence the amount spent by his Department with particular reference to Army costs in providing security at Shannon Airport in 2003, 2004, 2005, 2006, 2007, 2008 and 2009 with respect to the airport being used by the US military; and if he will make a statement on the matter. [11717/10]

The Taoiseach and Minister for Defence (Deputy Brian Cowen: An Garda Síochána have the primary responsibility for law and order, including the protection of the internal security of the State. Among the roles assigned to the Defence Forces is the provision of aid to the civil power (meaning in practice to assist, when requested, an Garda Síochána), which duties include the protection and guarding of vital installations, the provision of certain security escorts etc. The Gardaí, who undertake threat assessments for Shannon Airport on an ongoing basis, requested the Defence Forces to provide assistance in securing the Airport. Such assistance has been rendered by the Defence Forces since 5 February 2003, and liaison between the Gardaí and the Defence Forces in this regard is continuing. It would not be appropriate for me, for reasons of security, to indicate the number of Defence Forces personnel involved in such operations. The following items are taken into consideration when calculating the costs involved in providing aid to the civil power at Shannon Airport i.e. Security Duty Allowance, rations and fuel. The following table sets out the amount of costs incurred for the period in question.

Year Amount

€

2003 1,113,200 2004 760,500 2005 225,900 2006 403,375 2007 275,054 2008 286,273 2009 258,040

These costs are met from within the Defence Vote.

561 Questions— 9 March 2010. Written Answers

Waste Management. 349. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the number of waste tyre collectors licensed; the locations to which these collectors bring the waste tyres; the number of sites involved; the number licensed for the treatment of tyres; the treatment the tyres undergo and their final destination; if there is a limit on the volume of tyres these sites can take; and if he will make a statement on the matter. [11084/10]

350. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if collectors receive €1.50 to €2 per tyre, with the public paying from €2to€5to get rid of waste tyres; if his attention has been drawn to the number of sites containing thousands of tyres which pose an environmental problem; if his further attention has been drawn to the lack of uniformity in the application of waste tyre legislation by local authorities here and the urgent need to tackle this problem in a uniform way to avoid serious environmental pollution in the event of a fire in any of these unregulated sites; and if he will make a statement on the matter. [11085/10]

364. Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government the grants and-or incentives available to persons who wish to set up businesses for the purpose of recycling vehicle tyres; the assistance that is available; and if he will make a statement on the matter. [11540/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 349, 350 and 364 together. In order to tackle the inadequacy of information on tyre flows and the management of waste tyres and put in place a proper regulatory framework, I made the Waste Management (Tyres and Waste Tyres) Regulations 2007. These Regulations facilitate the comparison of quantities of waste tyres arising with the amounts placed on the market and the tracking of waste tyre movements from their discarding until they are either reused or processed for recycling. There is scope for the beneficial use of waste tyres for applications including in farming activities. Therefore the Regulations allow farmers, who require waste tyres to anchor silage covering, to store up to eight waste tyres for every square metre of the floor area of their silage pit, without the need to have a waste permit. Others requiring waste tyres for genuine reuse, such as marinas, are able to source them subject to the approval of local authorities. Further- more the Regulations require recyclers, retreaders, remoulders and other recovery operators to issue “Certificates of Recovery” to authorised waste collectors depositing waste tyres with them. Authorised waste collectors are required to report to the EPA on the quantities of waste tyres collected and transferred to recovery operators. The Regulations impose obligations on persons who supply tyres to the Irish market, whether as producers (e.g. manufacturers, importers including wholesalers, traders and retailers who source tyres outside the State), or suppliers (e.g. wholesalers, traders and retailers who source tyres exclusively within the State) and on the collectors of waste tyres. Economic operators have the option of either self complying or participating in an approved industry compliance scheme which takes on the administrative burden associated with self compliance. Self complying economic operators are required to register with local authorities and submit information on tyre and waste tyre flows in each quarterly period. Participants in an approved collective compliance scheme must also submit information on tyre and waste tyre flows in each quarterly period to the scheme concerned. I have approved two collective compliance schemes, Tyre Recovery Activity Compliance Scheme Ltd. (TRACS) and Tyre Waste Management Ltd. (TWM) to operate as approved

562 Questions— 9 March 2010. Written Answers bodies under the Regulations. Approvals are generally for five years and require interim reviews to be conducted. The results of these reviews will determine whether TRACS and TWM have been operating satisfactorily. It will also assist in determining whether a system that tracks products from the time they are placed on the market until they reach end of life is effective in keeping waste tyres out of the reach of unauthorised operators or whether it would be more effective to require producers to take direct responsibility for the environmentally sound management of waste tyres. The Regulations do not provide for charges for managing waste tyres. Where such charges are applied they are a contractual issue between the vendor and the end-user in respect of the provision of a service. Likewise collection fees charged by waste collectors and gate fees charged at recycling and recovery facilities are contractual issues between the parties concerned. Statutory responsibility for the permitting of waste facilities, the conditions attaching to such permits and the enforcement of permits are matters for the relevant local authority. My Depart- ment does not compile the type of information sought in respect of the numbers or locations of such facilities. My Department does not operate a system or scheme of grant assistance to fund private sector waste treatment facilities.

Water and Sewerage Schemes. 351. Deputy Pádraic McCormack asked the Minister for the Environment, Heritage and Local Government the position regarding the provision of a sewerage treatment system for Clifden, County Galway. [11181/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Clifden Sewerage Scheme was included for funding under my Department’s Water Services Investment Programme 2007-2009. Under the scheme, Galway County Council proposes to upgrade the collection network and build a new wastewater treatment plant. My Department is currently examining the Council’s contract documents to procure the new wastewater treatment plant by means of a Design Build Operate (DBO) contract and the collection networks element of the Scheme. A decision on both sets of documents will be conveyed to the Council as soon as possible. Further progress on the Clifden Sewerage Scheme awaits the finalisation of the Water Services Investment Programme for 2010 to 2012, taking account of the priority attached to the Scheme by Galway County Council in its recent assessment of needs. In July 2009, local authorities were asked to submit an assessment of needs for water and sewerage services to my Department by 23 October 2009. My Department is currently finalising its consideration of these assessments, which form a key input to the development of the 2010 to 2012 Water Services Investment Programme. In conducting their assessments, local authorities were required to take into consideration key environmental and economic criteria in prioritising contracts and schemes to be progressed in their areas. I expect to publish the new Prog- ramme shortly.

EU Directives. 352. Deputy Maureen O’Sullivan asked the Minister for the Environment, Heritage and Local Government if he will commit to preserving the integrity of areas designated special areas of conservation and restrict any activities that threaten these areas; the action he will take in the event of these areas being threatened in any way. [11208/10]

563 Questions— 9 March 2010. Written Answers

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Ireland, along with all other member states of the European Union, is obliged under the Habi- tats Directive to designate Special Areas of Conservation (SACs). These are sites containing habitats of European conservation importance listed in Annex I of the Directive. Ireland has nominated 423 sites for designation as SACs. Under article 6 of the Directive, any public authority, before consenting to a plan or project that could have a significant impact on an SAC, must undertake an appropriate assessment of its impacts on the site. If it finds that the proposed plan or project, alone or in combination with other plans or projects, would be likely to have an adverse impact on the integrity of the site, it may not provide its consent unless a case of imperative reasons of overriding public interest can be made, having ruled out alternative solutions, and where compensatory measures can be taken to ensure that the network of Natura 2000 sites is no poorer as a result of the damaging plan or project involved. Under the EC (Natural Habitats) Regulations 1997, which transpose the Directive into Irish law, specified operations or activities that do not fall under other consent systems, which might have an adverse impact on these sites, may not be carried out without my consent. These are known as Notifiable Activities. Undertaking such activities without my consent may result in prosecution of the offender. In addition, I have issued, in appropriate cases, Ministerial Direc- tions under the Regulations, obliging offenders to restore sites to their previous conservation status. The law regarding the control of recreational activities such as the use of quads, scramblers and jet-skis, where they are likely to be injurious to Natura 2000 sites and protected species, will be substantially strengthened in the Birds and Habitats Regulations that I am currently preparing.

Water and Sewerage Schemes. 353. Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Govern- ment the position regarding a new sewerage plant application (details supplied) in County Kildare. [11249/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Kildare Town Sewerage Scheme was included for funding in my Department’s Water Services Investment Programme 2007-2009. I recently approved funding to allow Kildare County Council to place the Wastewater Treatment Plant Design Build Operate Contract with its recommended contractor at a cost of €17.59 million. Further progress on this element of the scheme is a matter for the Council. Kildare County Council has submitted contract documents to my Department for the sewerage collection networks element of the scheme. This documentation is currently being examined and a decision will be conveyed to the Council as soon as possible in light of the finalisation of the Water Services Investment Programme for the period 2010 — 2012; I expect to publish the new Programme shortly.

Local Authority Housing. 354. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the guidelines he has issued to local authorities in relation to whether or not to include disability allowance when it comes to setting local authority housing rent; and if he will make a statement on the matter. [11252/10]

564 Questions— 9 March 2010. Written Answers

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The making and amending of rent schemes is the responsibility of local authorities as an integral part of their housing management functions, subject to broad principles laid down by my Department in Circular letter HRT 3/2002. It is a matter for local authorities, when assessing individual households, to consider whether rents payable are in accordance with the authority’s rent scheme. Therefore, decisions on whether or not to disregard either a proportion of income or particular sources of income for the purposes of calculating rents are matters for each individual local authority to consider in accordance with their own rent scheme. While it is not my intention to implement a national standardised differential rent scheme, in the context of new provisions provided for by the Housing (Miscellaneous Provisions) Act 2009, I intend to make regulations later this year which will more clearly set out the matters that may be included in a local rents scheme.

Rental Accommodation Standards. 355. Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government his plans to update landlord and tenant legislation for a clearer set of obligations in respect of the condition of rented property; and when the legislative proposals will be presented to the Houses of the Oireachtas. [11342/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Minimum standards for rental accommodation are prescribed by regulations made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. In the Partnership Agreement Towards 2016, the Government committed to updating and more effectively enforcing the minimum standards regulations for rented houses and, in November 2008, delivered on this commitment by approving a package of measures. Those elements of the package not requiring primary legislation were introduced through new regulations to update the Housing (Standards for Rented Houses) Regulations 1993. The new regulations, entitled the Housing (Standards for Rented Houses) Regulations 2008, were made by me on 10 December 2008 and specify requirements in relation to a range of matters, such as structural repair, absence of damp and rot, sanitary facilities, heating, ventilation, natural light and safety of gas and electrical supply. The remaining elements of the package of measures required amendment of primary legislation and were addressed by the Housing (Miscellaneous Provisions) Act 2009. These elements included increased penalties for non-compliance and the introduction of a more robust sanctions regime. The relevant provisions were commenced on 1 December 2009. The Housing (Standards for Rented Houses) Regulations 2009 amended the Housing (Standards for Rented Houses) Regulations 2008 for compatibility with the 2009 Act. All landlords have a legal obligation to ensure that their rented properties comply with these regulations. Failure to do so is an offence, subject, on summary conviction, to a fine not exceeding €5,000, or a term of six months in prison or both and €400 for each day of a continuing offence. Responsibility for enforcing the regulations rests with the relevant local authority, supported by a dedicated stream of funding allocated by my Department. I have no plans to make further amendments to the standards regulations at this time; however, the matter is kept under continuous review by my Department. Landlord and tenant obligations regarding the condition of rented property are set out in sections 12 and 16 of the Residential Tenancies Act 2004 respectively. In November 2009, I announced preliminary results of my review of the provisions of the Residential Tenancies Act

565 Questions— 9 March 2010. Written Answers

[Deputy Michael Finneran.] 2004 under which the Private Residential Tenancies Board (PRTB) operates. The purpose of this review is to consider whether the Act best supports the PRTB’s key functions and whether legislative amendments would support either the achievement of additional operational efficiencies by the PRTB in the delivery of those functions or the broader good working of the private rented sector. While a number of issues still require further research in the context of the review, and the obligations of landlords and tenants will be examined in this regard, I am committed to initiating comprehensive amending legislation before the end of 2010.

Building Control Act. 356. Deputy Brian Hayes asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the unintended consequence that will follow the enactment and implementation of Part 3 of the Building Control Act 2007, which deals with the protection of the title of architect; and if his attention has been further drawn to the damage to more than 1,000 architects and their families as a result of the enactment of this part of the Bill in question; his views on an organisation (details supplied) whose members will be given an unfair advantage from this enactment; and if he will make a statement on the matter. [11397/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I refer to the reply to Question No. 270 of 10 February 2010. The position is unchanged.

Local Authority Housing. 357. Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government the number of tenant purchases of local authority houses in each of the past ten years in Dublin; the number in the rest of the country; the number of tenant purchases which were sold in the same period in Dublin; the number in the rest of the country; and if he will make a statement on the matter. [11484/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Detailed information on the number of sales through tenant purchase by local authority area is available on my Department’s website at www.environ.ie and in my Department’s Housing Statistics Bulletins, copies of which are available in the Oireachtas Library. My Department does not collect data on the numbers of units subsequently sold on.

Water Services. 358. Deputy John O’Donoghue asked the Minister for the Environment, Heritage and Local Government if he will introduce a revitalised small water schemes programme in 2010; and if he will make a statement on the matter. [11497/10]

359. Deputy John O’Donoghue asked the Minister for the Environment, Heritage and Local Government if he will introduce a remedial action list to deliver urgent small water schemes; and if he will make a statement on the matter. [11499/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 358 and 359 together. My Department’s block grant allocations to local authorities under the Rural Water Prog- ramme include funding for small public water supply schemes with an estimated cost of less than €1 million as well as for group water supply schemes. The programme also includes contin- gency funding for small scale improvements to water supply schemes identified by the EPA as

566 Questions— 9 March 2010. Written Answers needing improvement and included in the EPA Remedial Action List. Funding of €18 million has already been allocated for such schemes and the provision of further allocations will be considered as the need arises in the context of any updating of the Remedial Action List by the EPA. In addition, my Department also funds some of the works arising, where appropriate, as advance works to larger schemes being funded under the Water Services Investment Prog- ramme. I will be notifying local authorities of their block grant allocations under the 2010 Rural Water Programme as soon as possible.

Architectural Heritage. 360. Deputy John O’Donoghue asked the Minister for the Environment, Heritage and Local Government if he will provide necessary funding to restore and refurbish Killarney House, Killarney, County Kerry in order that it can be opened for public viewing; and if he will make a statement on the matter. [11500/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): My Department, in conjunction with the Office of Public Works (OPW), is close to finalising a programme in respect of essential repair works now necessary to the external and internal fabric of Killarney House and funding is being provided for these works in the current year. At the same time, and also in collaboration with OPW, my Department is looking at various options for the future use of Killarney House. Such options will have to have regard to its status as a protected structure, as the historic construction and character of the building must be respected; regard must also be had to the level of capital funding that is available to my Department. I will be keeping the matter under review as plans are progressed.

Water and Sewerage Schemes. 361. Deputy John O’Donoghue asked the Minister for the Environment, Heritage and Local Government if he will introduce some form of grant assistance for hardship cases in order that lead piping in those consumers’ premises which have not been upgraded for more than 40 years will be replaced; and if he will make a statement on the matter. [11501/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Substantial funding towards local authorities’ water conservation programmes, including the replacement of old pipe work in the public supply network, is provided under my Department’s Water Services Investment Programme. The Programme does not extend to funding or providing grants for replacement of individual services connections or other measures relating to single households or premises. Only the replacement of lead connections on the public supply side is eligible for funding from my Department. Water services legislation provides that the owner of a premises is responsible for ensuring that the internal water distribution system is capable of delivering drinking water that complies with drinking water standards. This is similar to the provision of an electricity supply to a house where the internal wiring is the responsibility of the owner or occupants, not the supplier. However, other grant schemes, namely the suite of Housing Adaptation Grant Schemes for Older People and People with a Disability, may facilitate necessary grant assistance being provided in appropriate cases. It is a matter for individual local authorities to determine what works, including replacement of lead supply pipes, are eligible and to prioritise these in line with their systems of prioritisation.

Cycle Facilities. 362. Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local

567 Questions— 9 March 2010. Written Answers

[Deputy Frank Feighan.] Government if he will list every local authority that is participating in the cycle to work scheme; if he has had discussions with the local authorities that are not participating; the reason for their non-participation; and if he will make a statement on the matter. [11519/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The participation of local authorities in the Government’s Cycle to Work Scheme is an administrative matter for the local authorities themselves and my Department does not collect information on the matter. I would actively encourage all public bodies to participate in the Scheme.

Planning Issues. 363. Deputy Michael McGrath asked the Minister for the Environment, Heritage and Local Government if local authorities had the legal power prior to 2000 under planning legislation to amend a development boundary and remove a site from a development zone which had previously been within the boundary. [11534/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The making of development plans has been a reserved function of the locally elected members of planning authorities since the introduction of planning legislation in 1963. In making a development plan under current and previous legislation, it has been a matter for the elected members to decide the allocation of specific development plan objectives for the use of land for specific purposes, otherwise known as zoning, whether in urban or rural areas. Under previous and current planning legislation, it was and remains a matter for locally elected members of a planning authority to decide whether lands lie inside or outside the development boundaries of specific places or areas at the time of making the development plan concerned. The Planning and Development Act 2000 introduced a further provision under Section 10 (8) to clarify that there is no presumption in law that any land zoned in a particular development plan (including a development plan that has been varied) should remain so zoned in any subsequent development plan.

Question No. 364 answered with Question No. 349.

Water and Sewerage Schemes. 365. Deputy Dan Neville asked the Minister for the Environment, Heritage and Local Government when the water services investment programme 2010 to 2012 will be published. [11555/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): My Department is currently finalising its review of water services investment, arising from which I expect to publish the Water Services Investment Programme 2010 — 2012 shortly.

Homeless Persons. 366. Deputy Finian McGrath asked the Minister for the Environment, Heritage and Local Government if he will support a campaign (details supplied) in 2010. [11683/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I refer to the reply to Question No. 14 of 25 February 2010 which sets out the position regarding the implementation of the Government’s Homeless Strategy and the Implementation Plan for the Strategy.

568 Questions— 9 March 2010. Written Answers

Departmental Transport. 367. Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government the amount his Department paid annually for car mileage since 2007 to date in 2010; the amount paid to cover rail and bus tickets separately; and if he will make a statement on the matter. [11691/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The information requested cannot currently be provided as a result of the industrial action.

Natural Heritage Areas. 368. Deputy Paul Gogarty asked the Minister for the Environment, Heritage and Local Government when work on a management plan for the Burren, County Clare, will commence; if the terms of reference for the management plan have been drafted; if so, the content of these terms of reference; and if he will make a statement on the matter. [11719/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): A contract was placed late last year for the preparation of a management plan for the Burren National Park which is managed by the National Parks and Wildlife Service (NPWS) of my Department. This plan, which will cover the 1,996 hectares of State-owned land, is currently being compiled. Tasks being carried out as part of the contract include facilitation of public information dissemination, consultation with stakeholders and preparation of text and maps for a draft seven-year management plan for the national park. The overall aim of the management plan will be to develop and maintain the highest standards of conservation management and education whilst facilitating sustainable recreational and community use.

Telecommunications Services. 369. Deputy Caoimhghín Ó Caoláin asked the Minister for Communications, Energy and Natural Resources the position regarding project Kelvin which was to have been completed by end of 2009; the stage of its development; the expected completion date and the extent of its coverage by county, north and south of the Border; and if he will make a statement on the matter. [11094/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Kelvin project is expected to be completed in April 2010. The fibre optic terrestrial infrastructure is already in place, and the Telehouse in Derry and testing of the Kelvin fibre network should be completed in April 2010. The Kelvin telecoms fibre route passes through the following counties: Donegal, Monaghan, Louth, Meath and Dublin, and in Northern Ireland, Derry, Tyrone, Antrim, Down, and Armagh.

370. Deputy Tom Hayes asked the Minister for Communications, Energy and Natural Resources if his attention has been drawn to charges made by a company (details supplied) in relation to broadband connection; his views on whether this is acceptable practice within the industry; and if he will make a statement on the matter. [11112/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I regret to advise the Deputy that it is not possible to provide a response to his Question at this time. I will write to the Deputy as soon as it is available.

Broadcasting Services. 371. Deputy Finian McGrath asked the Minister for Communications, Energy and Natural Resources if he will support a matter (details supplied). [11135/10] 569 Questions— 9 March 2010. Written Answers

379. Deputy Joanna Tuffy asked the Minister for Communications, Energy and Natural Resources his views on reviewing the new Broadcasting Authority of Ireland levy as the high costs threaten the survival of radio stations who have already seen a reduction in their returns due to the downturn in advertising revenue; and if he will make a statement on the matter. [11437/10]

380. Deputy Joe Costello asked the Minister for Communications, Energy and Natural Resources the main elements in the Broadcasting Authority of Ireland’s budget for 2010; the reason there appears to be a 27% increase in the 2009 budgetary figures; the reason the broadcasters regulated by the BAI must pay for the entire budget; and if he will make a statement on the matter. [11486/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I propose to take Question Nos. 371, 379 and 380 together. I refer the Deputy to the response that I provided on the issues raised in my reply to Question No. 53 on Tuesday, 2 March 2010. Since then, I met with the Joint Oireachtas Committee on Communications, Energy and Natural Resources on Thursday, 4 March 2010, where the impact of the Broadcasting Authority of Ireland (BAI) levy on the broadcasting sector was discussed. The Broadcasting Act 2009 requires the BAI to make an order imposing a levy on broadcasters for the purpose of meeting the Authority’s expenses. At that meeting, I acknowledged the very real concerns of the broadcasting sector regarding the proposed levy at a time of considerable financial constraints for commercial and public service broadcasters alike. I also repeated my position on the need for the Authority to be vigilant in keeping costs down, particularly in the current economic climate. I advised the Joint Committee that I am currently examining a number of potential measures with a view to alleviating the burden that would be caused by the proposed imposition of a levy and I have committed to reverting to the Committee as soon as possible in this regard. Meanwhile the BAI is reviewing its initial budget proposal for 2010 with a view to reducing it and the Chief Executive Officer has given an undertaking to meet with the Joint Committee after this review. While setting the budget is a matter for the Authority under the Broadcasting Act 2009, my Department will liaise closely with the BAI during the review.

Energy Resources. 372. Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources when the energy affordability strategy will be published in view of the recent statement (details supplied) that a carbon tax on solid fuel will not be introduced; the position regarding the fuel poverty action research project; and if he will make a statement on the matter. [11174/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Energy Affordability Strategy will be published for consultation in the coming weeks. I understand that the Report of the Fuel Poverty Action Research Project will be placed on the website of the Department of Social and Family Affairs during this week.

Broadcasting Services. 373. Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources the reason for his failure to ensure a contract to deliver digital terrestrial television; when that contract is to be signed; if he will commit to ensure free-to-air BBC coverage for

570 Questions— 9 March 2010. Written Answers the Republic of Ireland and RTE services for coverage in Northern Ireland; and if he will make a statement on the matter. [11175/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Broadcasting Act, 2009 requires the Broadcasting Authority of Ireland (BAI), an independent regulatory authority, to provide for the development of commercial digital terrestrial television (DTT) services. On foot of this requirement, the BAI’s predecessor, the Broadcasting Com- mission of Ireland, launched a competition, which is still ongoing. As the Deputy is aware, the highest placed consortium in the competition withdrew from the process last April. Nego- tiations then commenced with the next placed bidder, OneVision and this process is continuing. As I stated recently in response to previous questions on this issue, I am not prepared to speculate on the outcome of the commercial DTT process, which is a matter for the BAI. Nor am I prepared to surmise on the ongoing negotiations between the BAI, RTÉ and the OneVi- sion consortium. I have, however, made it clear that I would like to see this process concluded as soon as possible. The conclusion of the process is essential to provide certainty for broadcasters, suppliers and the general public with regard to the development of commercial DTT services in Ireland. Under section 129 of the Broadcasting Act 2009 RTÉ is required to ensure that ‘free-to-air’ DTT is available to approximately 90% of the population on such date as may be specified by the Minister. I signed an Order last week specifying this date as 31 October 2010. The Act also requires RTÉ to provide a national ‘free to air’ digital service with capacity to carry RTÉ 1, RTÉ 2, TG4 and TV3 by the end of 2011 or such later date as I may specify. I have written to RTÉ informing them that the date for provision of a national service is 31 December 2011. On 1 February last, I signed a Memorandum of Understanding on Digital Television with the UK. This commits both Governments to cooperating to help ensure the continuing widespread availability on the DTT platform of TG4 in Northern Ireland and that arrangements are made to facilitate the widespread availability on the DTT platforms of RTÉ services in Northern Ireland and BBC services in the Republic. Any such arrangements in respect of BBC services here will be a matter for the BBC in the first instance.

Inland Fisheries. 374. Deputy Seán Sherlock asked the Minister for Communications, Energy and Natural Resources the deliberations he has had with Fermoy Town Council, County Cork, in regard to the repair of the fish pass on the Munster Blackwater; if he will consider a contribution to the cost or meet the full cost of repairing the fish pass; and if he will make a statement on the matter. [11213/10]

Minister of State at the Department of Communications, Energy and Natural Resources (Deputy Conor Lenihan): Fermoy Town Council, which acquired the weir some years ago, is responsible, as are other weir owners, for the maintenance and upkeep of the weir. The Town Council is aware of the need to reduce the barrier effect of the weir on the migration of certain protected fish species, including salmon and lamprey, in order to ensure compliance with the EU Habitats Directive. Since taking up responsibility for the inland fisheries brief, I reviewed the approach to resolving the barrier to fish passage at Fermoy up to December 2009. I was anxious that progress be made to deal with problems of fish passage and actively engaged with the Town Council on the matter and the local rowing club in terms of how their needs could also be met. I listened carefully to the arguments of the Council and local rowing club and their strong view that an alternative to a rock ramp proposal would provide a viable solution to the issue

571 Questions— 9 March 2010. Written Answers

[Deputy Conor Lenihan.] of fish passage at Fermoy. While the technical and scientific advice to me differs from this position, having listened to the arguments of the Council and rowing club, I agreed to afford the Council, the owner of the weir, an opportunity to implement its preferred solution of repairing the existing fish passes on the weir. To give practical effect to my decision, I exercised my power to revoke the original direction issued in 2006, in favour of the order given to Fermoy Town Council under section 116 of the Fisheries (Consolidation) Act 1959 to undertake immediate repairs to the existing damaged fish ladder situated in the weir in order to reduce the barrier effect of the weir on migratory fish species. I have created an opportunity for the Council to demonstrate that its preferred solution of repair to the fish pass offers a viable solution to the issue of fish passage at Fermoy. This opportunity has been provided to the Council notwithstanding the technical advice to me and it is now a matter for Fermoy Town Council, the owners of the weir, to implement its proposals and monitor their effectiveness. In creating this opportunity, I would stress that there is no dilution of Ireland’s commitment to meeting its responsibilities under EU Law, including obligations in relation to protected species under the Habitats Directive. The effect of the repairs proposed on fish migration will be closely monitored and if the required improvement in fish migration is not achieved, I have made it clear that I will not hesitate to direct the Town Council to undertake further major works. The onus rests with the local authority to maintain the structure they value and protect so zealously, in the same way they fund and maintain other important infrastructure in their ownership.

Semi-State Bodies. 375. Deputy Arthur Morgan asked the Minister for Communications, Energy and Natural Resources the remuneration package of the chief executive of An Post for each of the years 2007, 2008 and 2009. [11254/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Details of the remuneration package of the Chief Executive of An Post are published each year in the company’s annual report, which is available on the company’s website. The details of the remuneration package for 2009 will be published in the Annual Report for last year, which will be published later this year.

376. Deputy Arthur Morgan asked the Minister for Communications, Energy and Natural Resources the remuneration package of the chief executive of ESB for each of the years 2007, 2008 and 2009. [11255/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Details of the remuneration package of the Chief Executive of ESB for 2007 and 2008 are published in the Company’s Annual Reports for those years, which are available on the ESB website. The details of the remuneration package for 2009 will be published in the Annual Report for last year, which will be published later this year.

Alternative Energy Projects. 377. Deputy John Perry asked the Minister for Communications, Energy and Natural Resources the steps he will take to address ESB wind farm establishment (details supplied); and if he will make a statement on the matter. [11344/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Appli- cations for grid connections to permit grid access are made to ESB Networks or to EirGrid

572 Questions— 9 March 2010. Written Answers depending on scale of the connection. Supervision of the grid connection process and settlement of any disputes arising is vested in the Commission for Energy Regulation (CER). I have no function in the matter. The CER continues to operate a group approach to connecting projects to the national grid, which is designed to streamline the connection process in the interests of efficiency and cost effectiveness for developers. The current group approach, Gate 3, was the subject of extensive public consultation by the CER. With a full public consultation and dedicated industry workshops, all industry stakeholders were afforded the opportunity of responding to the proposed connection process well in advance of the decision being made. On 16th December 2008 the Commission set out a final direction (CER/08/260) to the system operators on Gate 3 of Ireland’s network connection policy for renewable generators. Gate 3 provides for circa 3,900 MW of new additional renewable generator connection offers. The decision by CER on Gate 3 is potentially capable of delivering (indeed exceeding) the 40% national target for the contribution from renewable energy resources to electricity consumed by 2020. To ensure this process operates efficiently and to ensure the connection offer process is completed as quickly and as effectively as possible, the CER has established a Gate 3 Liaison Group involving all stakeholders, including the renewable industry associations. Gate 3 Group Liaison meetings are held monthly and consist of representatives from the Commission, the system operators and from the renewable and non-renewable generation sectors. Further information on the meetings including agendas and minutes is available on the CER website.

Financial Services Regulation. 378. Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources if he has received correspondence in relation to the closure of Postbank from a union (details supplied); the concerns raised in this correspondence; his views on the proposal to work with the Department of Finance to include the Postbank operation in future plans; his further views on the impact of the closure of Postbank will have on social welfare recipients; and if he will make a statement on the matter. [11350/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Iam studying the correspondence from the Irish Postmasters Union and will be replying to them in due course.

Questions Nos. 379 and 380 answered with Question No. 371.

Departmental Transport. 381. Deputy Denis Naughten asked the Minister for Communications, Energy and Natural Resources the amount his Department paid annually for car mileage since 2007 to date in 2010; the amount paid to cover rail and bus tickets separately; and if he will make a statement on the matter. [11686/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I regret to advise the Deputy that it is not possible to provide a response to his question at this time. I will write to the Deputy as soon as it is available.

Grant Payments. 382. Deputy Paul Gogarty asked the Minister for Communications, Energy and Natural Resources the measures that are available to prevent inflating the price of the work to the level of grants supplied by Sustainable Energy Ireland; the penalty system that is available, if any; if

573 Questions— 9 March 2010. Written Answers

[Deputy Paul Gogarty.] not, if a penalty system will be introduced such as de-registering rogue contractors in order that they cannot be used for doing work under the SEI grant scheme; and if he will make a statement on the matter. [11711/10]

Food Labelling. 383. Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food the steps he will take regarding the use of taxpayers’ money to promote Northern Irish food under the Bord Bia label; and if he will make a statement on the matter. [11463/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Under EU law, membership of quality assurance schemes must be open to product from other member states that meet the required standard. Bord Bia operates quality assurance schemes for beef, pork, lamb, horticulture, chicken and eggs. Producers and processors in Northern Ireland have applied for, and have met, the Bord Bia standard in respect of chicken and eggs. Neither Bord Bia nor Irish taxpayer money is used to promote the Northern Ireland product. The logo which has been approved by the EU, provides for mention of origin in a secondary manner only, in accordance with EU state aid rules, and the product originating in Ireland is depicted by the use of the tricolour.

Departmental Properties. 384. Deputy Dinny McGinley asked the Minister for Agriculture, Fisheries and Food his plans to provide extra facilities and improvements at a location (details supplied) in County Donegal. [11494/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Due to Industrial Action by staff in my Department, I am not in a position to provide a reply to this question.

Movement of Animals. 385. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the position regarding temporary cattle movements particularly in the context of agricultural shows; if these movements will not disqualify applicants under the suckler cow welfare scheme from payment; and if he will make a statement on the matter. [11076/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): For applicants under the Suckler Welfare Scheme, the temporary movement of an animal will not result in the loss of payment, where it relates to an agricultural show, or for the purposes of the live animal display at the compulsory training courses for applicants. The movement from and back to the holding must be recorded on my Department’s Animal Identification and Movement System (AIM), and must take place on the same day.

Grant Payments. 386. Deputy Phil Hogan asked the Minister for Agriculture, Fisheries and Food when a single farm payment will be awarded to a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [11087/10]

574 Questions— 9 March 2010. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Following direct contact by an official of my Department with the person named, an issue relating to two land parcels has been resolved, as a result of which payment will shortly issue directly to the nominated bank account of the applicant.

387. Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food, further to Parliamentary Question No. 481 of 23 February 2010, the position regarding a claim for payment under the farm waste management scheme in respect of a person (details supplied); and if he will make a statement on the matter. [11089/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Due to industrial action by staff in my Department, I am unable to provide a reply to this question.

Agri-Environment Scheme. 388. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the details of the new agri-environment scheme; if he will provide a copy of the guidelines to this Deputy; if the guidelines have been published in full; and if he will make a statement on the matter. [11109/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The preparation of documents relating to the new agri-environment scheme is at an advanced stage and I hope to be in a position to publish them and to launch the scheme shortly. I am arranging to have the Deputy provided with a copy of a presentation, outlining the structure of the scheme in general terms, which my officials are making today to the Joint Committee on Agriculture, Fisheries and Food.

Grant Payments. 389. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the number of year one and year two REPs 4 applicants in County Mayo that have received their payments; and if he will provide comparative figures for the number of applicants who are still waiting on a payment in each of the agricultural, environmental and structures areas. [11110/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Due to industrial action by staff in my Department, I am not in a position to provide a reply to this question.

390. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) will receive their REP scheme payment. [11111/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Due to industrial action by staff in my Department, I am not in a position to provide a reply to this question.

391. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if a grant will be awarded to a person (details supplied) in County Mayo. [11113/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The Hardship Grant is aimed at assisting eligible owner/keepers(s) with a TB or Brucellosis restricted holding where animals are retained and fed during periods of restriction. The eligibility period for the current scheme is from 1 November 2009 to 30 April 2010. In order to ensure that all eligible owners/keepers actually receive payment under the scheme, the application form for the Hardship Grant scheme and a Terms and Conditions document is sent by my Department to all potentially eligible owners/keepers. However receipt

575 Questions— 9 March 2010. Written Answers

[Deputy Brendan Smith.] of this form does not imply eligibility for payment as not all owners/keepers whose holdings are restricted are automatically eligible for the Hardship Grant. The main eligibility conditions are that (i) a full herd re-test has been carried out and (ii) the holding must continue to be restricted following re-test. In addition, where animals (with some specific exceptions) have been moved on to a holding during a restriction period, eligibility for receipt of the hardship grants ceases for the remainder of the restriction period. Payment is also subject to tax clear- ance requirements. The onus is on owners/keepers to apply for the scheme immediately they consider that they are eligible, based on criteria outlined in the Terms and Conditions document. Due to industrial action currently being undertaken in my Department, I cannot provide specific details regarding the eligibility status of the person concerned. However, if he contacts his local District Veterinary Office, he will be advised of the position. If the person has been formally notified that he is not eligible for the scheme and he believes that there are specific circumstances which merit further consideration, taking account of the general conditions, he may, under the appeal mechanism in place in my Department, request a formal review of the decision by writing to the Regional Assistant Principal Officer at his local District Veterinary Office.

392. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food the position regarding an application in respect of a person (details supplied) in County Clare. [11180/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Due to industrial action by staff in my Department, I am not in a position to provide a reply to this question.

Harbours and Piers. 393. Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food if he will re-engage a project (details supplied) in 2011; the amount of money that will be spent on this project; and if he will make a statement on the matter. [11190/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Due to Industrial Action by staff in my Department, I am not in a position to provide a reply to this question.

Grant Payments. 394. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Cork will receive a decision on their application under the installation aid scheme which was lodged with his Department 12 months ago; and if he will make a statement on the matter. [11226/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Due to industrial action by staff in my Department, I am unable to provide a reply to this question.

Crop Losses. 395. Deputy Pádraic McCormack asked the Minister for Agriculture, Fisheries and Food his plans to introduce a compensation package for the horticulturist or nurseries industry which has lost a considerable amount of stock due to the recent weather conditions; and if he will make a statement on the matter. [11227/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Following a preliminary assessment of the crop losses caused by the severe weather conditions in January, I

576 Questions— 9 March 2010. Written Answers recently announced the introduction of a limited scheme of financial assistance to certain potato and field vegetable growers who have suffered significant losses of produce due to frost damage. It is not proposed to extend the scope of the scheme to include the nursery industry.

Grant Payments. 396. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Cork will receive payment under the installation aid scheme; and if he will make a statement on the matter. [11228/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Due to industrial action by staff in my Department, I am unable to provide a reply to this question.

Animal Welfare. 397. Deputy Mary O’Rourke asked the Minister for Agriculture, Fisheries and Food the position regarding the proposed Animal Health and Welfare Bill; when it is proposed to publish this Bill; and when it is proposed to bring this bill before the Houses of the Oireachtas. [11243/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The Animal Health and Welfare Bill which gives effect to commitments in the Programme for Government and the Renewed Programme for Government on issues relating to animal health and welfare is being prepared in my Department. The new legislation will amend and consolidate legislation in the area of animal health, particularly to reflect the changed disease status of our animals. Existing legislation will also be updated to ensure that the welfare of all animals, including non-farm animals is properly protected and that the penalties for offenders are increased significantly. The Bill also provides for the consolidation of responsibility for the welfare of all animals (including non-farm animals) within my Department. I intend to submit the proposed heads of this Bill to the Government at an early date this year.

Fisheries Policy. 398. Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food when he expects to publish the interdepartmental group report on the coastal sector; and if he will make a statement on the matter. [11345/10]

403. Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food when he will publish the interdepartmental group report on the coastal sector; and if he will make a statement on the matter. [11473/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I propose to take Questions Nos. 398 and 403 together. The Department of Agriculture, Fisheries and Food has no proposals to publish an interdepartmental group report on the coastal sector. The Department has recently published and submitted to the European Commission the National Response to the EU Green Paper on Reform of the Common Fisheries Policy. That report can be obtained at www.fishingnet.ie or www.agriculture.gov.ie

Animal Welfare. 399. Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food the conditions governing the authorisation of eight transporters of live dogs; the way these provisions

577 Questions— 9 March 2010. Written Answers

[Deputy Andrew Doyle.] are policed; the number of spot checks that took place in 2005, 2006, 2007, 2008, 2009; the number of licences that were revoked due to non-compliance with the conditions of licence; and if he will make a statement on the matter. [11423/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Eight transporters of live dogs applied for an authorisation to my Department. An application form and explanatory information on the legislation that governs the transport of live animals, including Council Regulation (EC) No 1 of 2005 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 and S.I. No. 675 of 2006 [European Communities (Animal Transport and Control Post) Regu- lations 2006], issued to each applicant. The completed application forms were assessed by my Department following which the authorisations were granted. No authorisations were revoked due to non-compliance with the conditions of licence. It is not possible at this time, due to industrial action, to provide any further information on spot checks that took place in 2005, 2006, 2007, 2008 and 2009.

Grant Payments. 400. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Cork will receive payment in respect of their application for installation aid. [11431/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Due to industrial action by staff in my Department, I am unable to provide a reply to this question.

Animal Welfare. 401. Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food the number of pet passports that were issued to each authorised transporter of live dogs for export in 2005, 2006, 2007, 2008, 2009; and if he will make a statement on the matter. [11470/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): EU pet passports are not issued to authorised transporters but rather directly to pet owners via their veterinary practitioner. Pet passport applications are completed by pet owners and submitted to my Department by the veterinary practitioner following micro-chipping of the animal. The passport is issued to the veterinary practitioner who enters details of rabies vaccination, blood test results etc. before releasing the passport to the pet owner. I regret that the statistics on the number of pet passports issued in each of the years 2005 to 2009 are not available due to industrial action.

Live Exports. 402. Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food the action that is taken to allow live breeding sheep stock exports to Northern Ireland; and if he will make a statement on the matter. [11471/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): There is no prohibition on the movement of sheep to or from Northern Ireland. However since the FMD outbreak in 2001 and arising from certain concerns relating to scrapie, all exports of breeding sheep must be inspected by an official veterinarian during the 24 hours preceding the loading of the animals and issued with an intra-Community health certificate signed by the official veterinarian. Under Intra Community trade rules breeding sheep must have been continuously resident on a holding of origin for at least 30 days prior to export, including a standstill period of 21 days prior to

578 Questions— 9 March 2010. Written Answers export during which time no sheep or goats have been introduced on to the holding. A dero- gation applies where sheep or goats introduced during the standstill period are completely isolated from all other animals on the holding. Breeding rams must also come from a holding on which no case of contagious epididymitis (Brucella Ovis) has been recorded in the last 12 months and they must have been kept permanently on the holding for 60 days, prior to export. Breeding rams must also be tested for contagious epididymitis with a negative result, within 30 days prior to export. Breeding sheep in particular, must come from scrapie monitored flocks with the scrapie rules stipulating that all breeding sheep must either be of the ARR/ARR prion protein genotype, or have been kept in a scrapie monitored flock for at least 3 years with no cases of this disease being confirmed during this period.

Question No. 403 answered with Question No. 398.

Food Industry. 404. Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food the strategy he is following in the allocation of the funds announced in budget 2010 for the improvement of the food industry’s competitiveness, marketing and innovation; the competitiveness measures in the food industry envisaged for the €7 million competitiveness measures of the food development initiative; and if he will make a statement on the matter. [11478/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The Government has announced a €100 million fund to improve the food industry’s competitiveness over the next four years. The roll-out of this fund will commence in 2010 with €9.5 million being provided through my Department as part of the Revised Estimates. Of this amount, €7 million will be administered by Enterprise Ireland towards measures aimed at competitiveness issues and €2.5 million will be provided to support Bord Bia marketing initiatives. These initiatives will be implemented over the course of 2010. The objective of the €7million in funding is to improve food sector competitiveness in export markets. This is linked to sustaining viable companies and enabling them to exploit world market opportunities. The focus of initiatives in 2010 will be to enable key exporting companies to adopt sustainable ‘best-in-class’ lean business practices, by use of world class business consultancy assistance. In addition, leading food companies will be assisted in developing leadership and management capability to best international standards. These needs were clearly identified in the report of the Food Expert Skills Group in 2009. The €2.5 million provided to Bord Bia will be used in a variety of marketing initiatives principally aimed at assisting the industry broaden its export reach. In addition to the recent highly successful Marketplace 2010 event hosted by Bord Bia for over 150 Irish companies who conducted over 3,800 meetings with 400 buyers in Croke Park, including 300 from 27 international markets, a new Marketing Fellowship programme will be launched shortly. This initiative will focus on helping industry build its international sales and marketing presence and develop new business opportunities in target markets. Bord Bia is also in the process of extending its quality assurance programme to incorporate new environmental criteria that will position Irish food exporters as market leaders and provide a new platform for promotion in the context of the increasingly important sustainability agenda.

Crop Losses. 405. Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food if compensation was awarded to a person (details supplied) in County Galway as a result of the

579 Questions— 9 March 2010. Written Answers

[Deputy Paul Connaughton.] loss of 25 acres of fodder beet due to the flooding; and if he will make a statement on the matter. [11512/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): There is no record of an application from the person named under the flood related Fodder Aid Scheme, which I launched in November 2009, targeted at farmers who encountered damage to fodder (silage or hay or concentrates) in areas which suffered flooding in November 2009. The Scheme required farmers to demonstrate that the fodder was damaged and the extent of that damage:

• the aid was only payable in instances where genuine damage to silage, hay, concentrates or straw was caused by the flooding in November 2009;

• applications were required to be submitted by Friday 18 December 2009;

• all applications were subject to an on-farm inspection, during which the damaged fodder was required to be evident;

• aid was not payable where flood damage to fodder is covered by the farmer’s insurance policy.

The financial assistance under the Fodder Aid Scheme was paid in accordance with State Aid regulation EC1535/2007 (de minimis aid in the agricultural production sector) — all applicants were required to complete a declaration in this regard.

Grant Payments. 406. Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the position regarding an installation aid appeal in the name of a person (details supplied) in County Galway; and if he will make a statement on the matter. [11514/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Due to industrial action by staff in my Department, I am unable to provide a reply to this question.

407. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the reason for the delay in issuing a REPS 4 payment to a person (details supplied) in County Cork; and if he will make a statement on the matter. [11554/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Due to industrial action by staff in my Department, I am not in a position to provide a reply to this question.

Departmental Transport. 408. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the amount his Department paid annually for car mileage since 2007 to date in 2010; the amount paid to cover rail and bus tickets separately; and if he will make a statement on the matter. [11684/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Due to industrial action by staff in my Department, I am not in a position to provide a reply to this question.

Replies to Questions Nos. 409 to 459, inclusive, not received from the Department.

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