Vol. 590 Tuesday, No. 1 12 October 2004

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Tuesday, 12 October 2004.

Business of Da´il……………………………… 1 Ceisteanna—Questions Minister for Defence Priority Questions …………………………… 1 Other Questions …………………………… 13 Adjournment Debate Matters …………………………… 37 Leaders’ Questions ……………………………… 39 Requests to move Adjournment of Da´il under Standing Order 31 ……………… 46 Order of Business ……………………………… 47 Estimates for Public Services 2004: Leave to Introduce ………………… 53 Estimates for Public Services 2004: Referral to Select Committee ……………… 53 Membership of Committees: Motion ………………………… 53 Adoptive Leave Bill 2004 [Seanad] Second Stage ……………………………… 54 Referral to Select Committee ………………………… 85 Private Members’ Business Health Services Motion …………………………… 86 Adjournment Debate Job Initiative ……………………………… 117 School Accommodation …………………………… 119 Hospitals Building Programme ………………………… 121 Telecommunications Services ………………………… 124 Questions: Written Answers …………………………… 129 1 2

DA´ IL E´ IREANN

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

TUAIRISC OIFIGIU´ IL OFFICIAL REPORT

Imleabhar 590 Volume 590

De´ Ma´irt, 12 Deireadh Fo´mhair 2004. Tuesday, 12 October 2004.

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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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Business of Da´il. Minister for Defence (Mr. O’Dea): In March Minister of State at the Department of the 2002, Dr. Eileen Doyle and the external advisory Taoiseach (Mr. Kitt): I propose, notwithstanding committee group presented their report, The anything in Standing Orders that the Da´il shall Challenge of a Workplace, to my predecessor, proceed directly to questions for answer by the Deputy Michael Smith. The contents and recom- Minister for Defence which shall conclude at mendations of the Doyle report were accepted 4.15 p.m. in full. Action to implement the recommendations of An Ceann Comhairle: Is that agreed? Agreed. the report has been a priority since that time. The follow-up action was driven by an independent monitoring group established in May 2002 to Ceisteanna — Questions. oversee the implementation of recommendations arising from the report. This group met regularly Priority Questions. to oversee the implementation of the report’s recommendations. ———— The independent monitoring group’s progress report, Response to the Challenge of a Work- Bullying in Defence Forces. place, was launched by my predecessor, Deputy 1. Mr. McGinley asked the Minister for Michael Smith, on Friday 24 September 2004. Defence the measures he plans to adopt to This describes the progress achieved to date since address the incidence of bullying, discrimination the publication of the original Doyle report in and all forms of harassment within the Defence 2002. Forces, according to the recently published The monitoring group has overseen the con- report, Response to the Challenge of a Work- duct of a major educational awareness pro- place, which identified harassment as a serious gramme throughout the Defence Forces. Con- cause for concern in the forces; and if he will siderable progress has been made in the past two make a statement on the matter. [24514/04] years. Firm guiding principles had already been 3 Priority 12 October 2004. Questions 4

[Mr. O’Dea.] The Defence Forces are in the process of set out in the Defence Forces dignity in the work- developing an active and strategic human place charter. resource management model of personnel man- A new administrative instruction on interper- agement, development and leadership under the sonal relationships was introduced in March 2003 new integrated personnel management system. and a user’s guide was distributed to every mem- This is an important step that will facilitate and ber of the Defence Forces. The new instruction hasten the achievement and consolidation of our describes the six key relevant domains of inter- shared objectives. The tangible end result will be personal relationship within the Defence Forces. a modern and contemporary Defence Forces that It sets out contemporary best practice for policy can serve as an international role model. and procedures in dealing with negative work- Every member of the Defence Forces has a place behaviours. It lists the full set of formal and right to be treated with respect and dignity and informal complaint procedures that may be util- to work within the Defence Forces free from har- ised by any party wishing to institute a complaint. assment, sexual harassment, bullying and dis- Some 200 trained designated contact persons are crimination. The monitoring group has explicitly being put in place throughout the organisation to recommended that a further independent review facilitate the operation of these procedures. and audit of progress within the Defence Forces An independent and external confidential free be carried out no later than 2007 and that the telephone helpline and counselling service has results should be made public. been set up by expert consultants from Northern Ireland staff care services. Each serving member Mr. McGinley: I congratulate the Minister on of the Permanent Defence Force was informed of his first official visit to the Da´il in his role as Mini- this service. A pilot project to record the experi- ster for Defence in answering questions. I hope ences and views of outgoing members of the he has a happy and successful sojourn in that Defence Forces was conducted by the Dublin position. I am sure he will understand if I express Institute of Technology research centre. the hope that it will not be too long and that he The particular challenges of the military train- may soon be looking at it from this side of the ing environment were identified in the Doyle House. report. This area has been given particular atten- I was delighted the Minister’s first official func- tion in the past two years, especially the key piv- tion was last week’s PDFORRA conference in otal roles of non-commissioned officers in leader- Letterkenny, at which I met him briefly. I am sure ship and training within brigade formations. The the Minister is aware of the concerns within monitoring group has made a series of important PDFORRA at the continuing incidence of bully- recommendations concerning the ranking, selec- ing and harassment within the Defence Forces. In tion, training and reward systems for officer and the context of the response a fortnight ago to the NCO instructors in the cadet school. An immedi- original report which was published two years ate change in the training regime for cadets will ago, does the Minister agree there is an ongoing have a vital demonstration effect. problem when a quarter of all military personnel have experienced bullying and harassment, Additional information including almost 70% of the female members of It has been decided therefore that the process the Defence Forces? of introducing these changes will begin with the I do not know whether the Minister has yet 2004 cadet intake. Some of the changes will take familiarised himself with the original report, The longer to implement and will be addressed Challenge of a Workplace, which itemises a litany through the conciliation and arbitration process of serious infringements of individual rights, or the overall review of Defence Forces including some very serious incidents of rape and organisation. attempted rape which went unreported; as well as The equality steering group was established in demands for sexual favours, offensive telephone autumn 2003 and has conducted its own indepen- calls, e-mails and text messages; breaking into dent study under a Labour Court chairperson of women’s bedrooms, walking into women’s Defence Forces regulations and administrative shower areas and the display of pornographic instructions, policy and procedures. Its compre- material. I do not suggest this has not happened hensive audit examined policy and procedures in in other areas—— the light of existing civil statutory requirements such as employment equality and equal status and An Ceann Comhairle: Does the Deputy have a best civil employment practice. brief question? The Ombudsman (Defence Forces) Bill com- pleted all Stages in the Da´il in July and has now Mr. McGinley: However, at least the Defence been introduced to the Seanad. The Bill should Forces are facing up to this. Does the Minister pass all Stages before the end of October. The agree that if this is allowed to continue it will provision of a statutory ombudsman for the undermine the team spirit which is so necessary Defence Forces will provide a further significant for discipline within the Defence Forces? Will he impetus in support of the major transformation also indicate if the proposed ombudsman for the in culture and practice which has been initiated Defence Forces will be given a meaningful role in and which is now well under way. counteracting this activity within the services? 5 Priority 12 October 2004. Questions 6

Will he further outline the responsibilities of the gent in Liberia have the opportunity to avail of a 200 marshals who were announced in recent subsidised leave flight to Ireland during their tour weeks to deal with this ongoing problem? of duty in Liberia. Arrangements were made by my predecessor to allow personnel serving in Lib- Mr. O’Dea: I thank Deputy McGinley for his eria to avail of aircraft chartered for the deploy- kind words of congratulations. As to how short ment, consignment and/or repatriation of person- or long a time I will be in the Cabinet, I cannot nel, stores and equipment to and from the say. However, it is great to have reached this mission area. Access to these flights is made point and, as the former British Chancellor of the available, space permitting, to personnel who are: Exchequer, Denis Healy, said, “it is always better availing of leave; travelling to or from the mission to be a has-been than a never-was”. area on duty; being repatriated from the mission I agree with Deputy McGinley that the prob- area. lem to which he referred is ongoing. A number of In the case of personnel who are availing of the improvements have been made since the original flights for leave purposes, a contribution of \500 administrative instruction in 2002 but the prob- is provided by each individual and a mechanism lem continues to dog the Defence Forces. While to have the sum deducted at source from the indi- a lot has been done, to paraphrase a certain elec- vidual’s overseas allowance has been agreed with tion manifesto, a lot more needs to be done. A the Department’s financial accounts section. number of initiatives are in place which will There has been a very high uptake of the facility improve the situation considerably. by members of the 90th and 91st infantry bat- The direct contact persons are the subject of a talions to date. Of the 90th infantry battalion, question from Deputy Sherlock and I will give 96.5% of its members availed of the facility. The details of their specific responsibilities in my reply present battalion, that is the 91st infantry bat- to him. We will take Committee Stage of the talion, shows a similar take up. There are no Ombudsman (Defence Forces) Bill 2002 in the plans at present to alter the current arrange- Seanad tomorrow. The ombudsman will have a ments. However, the matter will be kept under very meaningful role. He or she will replace the review. Minister for Defence, or the CIO as is the case at I am advised that all Irish personnel are issued present, as the final court of appeal. Individual with mosquito nets as well as two types of mos- members of PDFORRA whom I met last week quito repellent, one for application to the mos- brought to my attention the fear experienced by quito net and the other for normal skin some members of enlisted personnel about mak- application. ing a complaint. They are worried about whether such a complaint would be held against them and Mr. Sherlock: I join my colleague in congratu- used to punish them at some time in the future. lating the Minister. It is rather extraordinary that I am anxious to get around that issue. The 200 Irish soldiers in Liberia who have to travel home designated contact persons will have a vital role are being charged \500 for the trip. That is unfair, to play in that regard. In addition, any attempt to as is the suggestion that troops should buy their punish or penalise any enlisted person who makes own mosquito nets and repellent. How can that a complaint will be an offence which will be sub- be justified? If our soldiers are serving abroad ject to military discipline. and they are charged to come home on holiday, why are they also charged to buy their own mos- Overseas Missions. quito nets and repellents? They are our soldiers 2. Mr. Sherlock asked the Minister for serving abroad. I would like to hear the Minister Defence if he has plans to review the \500 charge justify that. He answered part of the next part levied on Irish troops serving in Liberia who wish of my question. What provisions are in place for to return here for holidays; his views on whether medical cover and care for troops? Is he satisfied it is acceptable that troops serving in Liberia are that this is adequate? Is he satisfied with the level advised to purchase for themselves mosquito nets of accommodation available for troops? and repellents rather than be supplied with these items as part of the normal equipment given to Mr. O’Dea: It is quite generous. My prede- cessor, Deputy Michael Smith, made an arrange- troops serving in this part of the world; and if he \ will make a statement on the matter. [24410/04] ment that a commercial flight costing 1,200 would be given to people serving in Liberia for Mr. O’Dea: As the House will be aware, a con- \500. That \500 would be deducted from their tingent of the Permanent Defence Force, com- overseas allowance, which accumulates over the prising 435 personnel, is serving with the United six month period they are there. That is a gen- Nations Mission in Liberia, or UNMIL, since erous arrangement. When I was in Letterkenny December 2003. Defence Forces personnel serv- last week, I took the opportunity to speak on an ing with the mission are entitled to 21 days annual individual basis to various members of leave for the duration of their tour of duty, which PDFORRA about the gripes they had. Not one is six months. person mentioned this as a difficulty. I have I am advised that the average cost of a return spoken to the chief of staff about the matter. commercial scheduled flight ticket Dublin to Army personnel tell me that if someone wants to Monrovia is \1,200. Members of the Irish contin- avail of this arrangement and wants to do it in a 7 Priority 12 October 2004. Questions 8

[Mr. O’Dea.] United Nations Mission in Liberia. I am delighted less painful manner, such as having the money the Secretary General of the United Nations, Mr. deducted over a longer time, then the army is dis- Kofi Annan, will this week meet members of the posed to look favourably at arrangements such Defence Forces who have contributed to our as this. proud record of participation on peacekeeping With regard to the second part of the question, operations overseas. I do not have to justify a situation whereby people are asked to purchase their own mosquito Aengus O´ Snodaigh: I preface my question by nets. The simple fact is that they are not asked to clearly stating that Sinn Fe´in believes the UN do so. I am afraid Deputy Sherlock, whom I should and must develop urgently the capacity for thank for his kind words, is misinformed in that genocide prevention. There cannot be a higher regard. The information available to me is that priority for the international community to those things are supplied to the troops. address as a whole. The Minister referred to the UN Secretary Mr. Sherlock: I am well informed that our General. On Thursday, the Secretary General troops are not supplied with such equipment. will pitch Irish involvement in the new EU rapid That can be verified if the Minister wants to deployment battle groups and inform us that he check the position. Will he indicate how long con- welcomes the outsourcing of UN peacekeeping tingents spend in Liberia? How often do person- operations to the EU. The justification for this nel serving there have the opportunity to return from his point of view is the urgent need to home, and what procedures are in place to allow develop genocide prevention capacity. Does the them to keep in touch with their families? Minister accept it is no accident the UN’s peace- keeping capacity is so weak and that the reason Mr. O’Dea: I must contradict the Deputy. My for this is that for decades it has been systemati- information is that the troops are supplied with cally starved of resources? The EU, which is in a the relevant protective equipment, mosquito nets position to change this, has selfishly focused on etc. They are allowed 21 days’ leave during their developing its own capacity and military alliance. six-month service period. They can avail of this The Brahimi report on peacekeeping oper- generous charter flight offer, space permitting. ations found that this development has been a sig- Some 96% of the original brigade availed of it. It nificant contribution to the UN’s current difficult- appears the uptake among the troops currently ies. Does the Minister accept that policies such as serving there will be similar. Nobody has made those of the Department of Defence of failing to complaints to me about this matter. If people prioritise and adequately resource UN-led mis- consider the cost involved could be deducted in sions first and foremost is contributing to the ero- another way that would be less painful for the sion of the UN’s in-house peacekeeping capacity? person who has to pay for the flight, we would be Does he accept that we have a responsibility to well disposed to examining that. earmark Defence Forces personnel for UN-led operations to strengthen the capacity lost to Overseas Missions. regional military alliances, as is happening at present? How can he ignore the significant find- 3. Aengus O´ Snodaigh asked the Minister for ing of the Brahimi report on this and that Defence if he will consider reviewing the Govern- ment’s policy of meeting Defence Force commit- Government policy is contributing to the ments to UNSAS and the EU rapid reaction force undermining of the UN system by threatening it from the same pool. [24294/04] with redundancy? Why is the Government, which in the past professed UN primacy as a central Mr. O’Dea: Ireland’s commitment to the head- tenet of our foreign policy, contributing to the line goal consists of an offer of up to 850 problem rather than seeking to find a solution? members of the Defence Forces from within our existing commitment of 850 personnel to the Mr. O’Dea: The Government has taken no United Nations Standby Arrangements System, decision to date on participation or non-partici- UNSAS. I stress that the commitment to the pation in the battle group concept to which the headline goal should not be interpreted as an Deputy referred. I do not accept there is a wide- additional commitment of the Defence Forces to spread conspiracy to deprive the UN of sufficient overseas operations. Any new commitments to troops for peacekeeping to allow the EU to the 2010 headline goal will be from within these develop its capacity. It came to world attention in arrangements. I have no plans to change the the early 1990s, especially in the situation in the arrangements for Ireland’s contribution to this Balkans, that people can be slaughtered, mur- commitment or the headline goal. dered, raped and attacked on European soil and Ireland’s commitment to international peace- at that time the European Union had no capacity keeping, humanitarian and crisis management to do anything about it. The nations of Europe operations represents some 10% of our Army decided collectively that they should get involved and is not an inconsiderable undertaking by any in peacekeeping and peacemaking in such cir- standard. It is worth noting that 740 members of cumstances, not only outside Europe but also on the Defence Forces are deployed overseas mak- European soil. This development is not in compe- ing significant contributions to Kosovo and the tition with UN policy but has occurred in tandem 9 Priority 12 October 2004. Questions 10 with it and with UN agreement. The UN specifi- ition of six new helicopters for the Air Corps. cally requested the EU to become involved in Their primary role will be that of general purpose some of the missions in which it has become military operations and training. Primary tasks involved latterly, including the mission in Mace- will include training and operations with the donia and the programme in the Congo in 2003, Army, security and aid to the civil power, military which prevented many innocent civilians being exercises, infantry interoperability training and slaughtered and gave breathing space to the UN limited troop transport. However, these helicop- to allow it establish a permanent force in the ters will also be available to perform air ambul- region. ance, aid to the civil community and VIP trans- As I said in respect of the battle group concept, port tasks. Air Corps personnel will continue to which is a misnomer and misleading — I will train to provide a limited non-maritime search elaborate on this further in response to another and rescue capability within the Defence Forces. question — the reality is that the developments The White Paper on Defence establishes the in question are happening not only by agreement roles of the Defence Forces as including the pro- with the UN but also at its instigation. I am not vision of services to civil authorities as and when aware that the Government is involved in any required. The Defence Forces have never been conspiracy to denude the UN in favour of the found wanting in this regard, particularly in times EU. All the missions being undertaken by the EU of floods, forest fires, severe weather conditions and some missions by NATO are being engaged or any other emergencies faced by the com- in at the specific request and by sanction of the munity. In the event of an emergency request UN. from the Irish Coast Guard or from any other service, the Air Corps will obviously respond to Aengus O´ Snodaigh: Will the Minister confirm any such request in its usual efficient and sup- that the troops Ireland has committed to the UN portive manner and to the best of its capability. are the same as those committed to the EU Rapid Reaction Force? If 850 are committed to the UN, Mr. McGinley: After 43 years of being respon- is it the case that they will not be available to the sible for search and rescue operations, the Air Rapid Reaction Force, and vice versa? Corps was relieved of that responsibility yester- day afternoon. This brings to an end a glorious Mr. O’Dea: Yes. chapter in the history of the Air Corps. Not only did it carry out search and rescue missions but it Search and Rescue Service. always responded promptly to requests from 4. Mr. McGinley asked the Minister for coastal communities and islands down through Defence the future role that will be played by the the years. Will the Minister give us an undertak- Air Corps in the provision of search and rescue ing that the new company taking over from the services, in particular in the safety and welfare of Air Corps will respond in the same manner, coastal and island communities. [24515/04] always free of charge to the island communities? Is the Minister aware that only the week before 76. Mr. Durkan asked the Minister for last, a seriously ill woman on Tory Island had to Defence if he has satisfied himself regarding the depend on the Arranmore lifeboat to bring her adequacy of facilities available to the Air Corps ashore in my parish? That very sick woman then air-sea rescue service; and if he will make a state- had to travel a further 40 miles to hospital. If the ment on the matter. [24536/04] Air Corps or the new service had been available Mr. O’Dea: I propose to take Questions Nos. 4 she would have got to hospital in a matter of and 76 together. minutes rather than hours. The Irish Coast Guard has overall responsi- I put on record our appreciation of the Air bility for the provision of maritime search and Corps staff. The words of the well-known song, rescue services within the Irish search and rescue “Those magnificent men in their flying region. The Air Corps has been providing search machines”, could be applied aptly to them. Given and rescue services off the north-west coast but what the Minister has said, I hope there will be a withdrew yesterday following a hand-over of this role for these people in future. They have role to CHCI, a private operator, which currently accumulated much expertise and experience over provides the service at the country’s other search the years so it would be a pity if the Air Corps and rescue bases at Dublin, Shannon and was not available. When people said “Ta´ siad ag Waterford. teacht” on Tory or other small islands, they were I understand from my colleague, the Minister not referring to the lasta or the currach but to for Communications, Marine and Natural those helicopters. Their withdrawal is a body- Resources, that CHCI will provide continuity of blow to the morale of the Air Corps. When the search and rescue service to the coastal, island new Minister examines the matter with an open and seafaring communities in the north west. I mind, I hope he will reconsider the future role of understand that the mission list for the Irish the Air Corps in this regard because it has been Coast Guard’s service includes air ambulance, doing this work for 41 years. island relief, medevac etc. I wish the new company well. I have absolutely As the Deputy is aware, my Department is nothing against private enterprise, no matter engaged in a tender competition for the acquis- where it is located, and if it matches the service 11 Priority 12 October 2004. Questions 12

[Mr. McGinley.] Mr. O’Dea: The Deputy’s question refers to we got from the Air Corps we will be happy. the provision of 200 designated contact persons After the long campaign to have Air Corps per- within the Defence Forces as an integral part of sonnel based locally, I would hate to see those the new, revised military grievance procedures. A people being reassigned elsewhere and, thus, no need was identified for the putting in place of longer available on the west coast. contact persons within the Defence Forces organ- isation in line with recognised best practice. The Mr. O’Dea: I agree with Deputy McGinley that aim of the designated contact persons is to pro- the Air Corps has done a magnificent job over vide a voluntary informal resource for personnel the past 43 years. I join with him in expressing who may wish to discuss an incident of alleged good wishes for the Air Corps, as well as recog- bullying or harassment. nising its service over the years. It is appropriate An external civilian consultant was sourced to to salute Air Corps personnel, some of whom devise the informal complaints procedure under have made the ultimate sacrifice in performing the new revised administrative instruction A7. essential rescue missions. I will refer to those She also designed and delivered an appropriate later if I get an opportunity to do so. training programme for those who were selected As regards the Deputy’s key question, the for training as designated contact persons. answer is “yes”. The service provided by the new Some 200 specially trained designated contact company, which is already being provided in persons are being put in place throughout the Dublin, Shannon and Waterford, will certainly organisation to facilitate the operation of the new not be any less than heretofore. I think it will pro- informal complaints procedures. vide an enhanced service. The Deputy will be 3 o’clock Some 80 are already trained and a aware that when the decision was taken to strategic plan is in place to develop replace the Air Corps by this private company in the numbers up to 200. Some 170 trained desig- the north west, it was preceded by an evaluation nated contact persons will be in place before undertaken by the previous Minister, Deputy Christmas. It is important to note that only per- Michael Smith. Unfortunately, that evaluation sonnel who have successfully undergone the concluded that we could no longer be guaranteed necessary special training will become DCPs. This a full, 24-hour service from the Air Corps in this team of DCPs will be professionally supported regard. We are talking about life and death and over time by a consultative team, including the we need to have a constant, full-time, 24-hour, external civilian consultant previously referred to dedicated service, which I know this new com- who has wide professional experience and expert- pany will provide. ise in this area. I take Deputy McGinley’s point regarding the The role of the DCP is focused on confidential transition period between the new company tak- listening; providing a supportive environment; ing over and the Air Corps leaving. I have spoken empowering the individual; providing infor- to my officials and to Air Corps personnel about mation; assisting the individual and empathising this and I assure Deputy McGinley and the without judgment. The DCP is not a mediator or House generally that there will be no risk during negotiator as such. The DCP does not function in that transitional period. During the training the role of an active counsellor, investigator or period for the new company, it will be tasked with professional advice provider. rescue missions. It has helicopter bases in The original Doyle report was published in Shannon, Dublin and Waterford, and the Air 2002. The report found that 27% of survey Corps will be standing by to render necessary respondents perceived themselves as having assistance. experienced bullying within the Defence Forces. As regards the future, the Air Corps will still This figure was notably higher at approximately be available in non-maritime situations to provide 70% for female respondents from the lower certain rescue facilities, including an air ambul- enlisted ranks. Some 30% of respondents overall ance service. That is what we have decided will perceived themselves as having experienced har- be the future role for the Air Corps in these assment. The somewhat higher figure of 35% situations. related to females, and the marginally lower fig- ure of 27% related to males. Bullying in the Workplace. My predecessor had secured significant pro- 5. Mr. Sherlock asked the Minister for Defence gress and notable achievements over the past two the details surrounding the proposed appoint- years, since the publication of the Doyle report, ment of 200 anti-bullying marshals in the Defence in openly addressing and fundamentally tackling Forces to help stamp out negative behaviour; the this issue. The provision of DCPs is yet another role and remit of these marshals; when they will component part of that continuing strategy of be appointed and when they will commence their active response to the findings and recommend- work; his views on whether bullying is endemic ations of the Doyle report. within the Defence Forces; the number of com- plaints of bullying within the Defence Forces for Mr. Sherlock: When will those appointed com- the latest date for which figures are available; and mence work? I would like a clear answer as to if he will make a statement on the matter. whether the Minister agrees that bullying is [24411/04] endemic within the Defence Forces. I note this is 13 Other 12 October 2004. Questions 14 in response to a major study that indicated that ground, Ireland will continue to maintain an more than one-quarter of the military had been appropriate presence in KFOR in 2004. bullied and 10% claimed it was continuing. Is the Ireland’s other current major contribution to Minister aware that the analysis indicates females peacekeeping is in Liberia. Here, Ireland, in the lower ranks are the victims of bullying together with an infantry company group from while in training? Sweden, provides the rapid reaction reserve to the UNMIL force commander. Despite the diffi- Mr. O’Dea: Certainly bullying appeared to be cult start to this mission, with the tragic death of endemic in the military when the Doyle report Sergeant Derek Mooney of the Army ranger was commissioned in 2002, which is more than wing in a road accident, the mission is proving two years ago. There is evidence that the situa- successful. Ireland was specifically requested by tion has improved substantially since then. As I the UN to participate in a substantive manner in said earlier, there is still much to be done but I this mission, which is a tribute to the high regard believe the Defence Forces ombudsman, the new in which the UN holds the Defence Forces. I very training schemes, new integrated personnel man- much welcome the participation of Sweden as agement system and the designated contract per- part of the reserve. This type of co-operation sons will have a vital role to play in this regard. I is reflective of the changing dynamics in agree with Deputy Sherlock that the original peacekeeping. statistics indicated females were more likely than males to be bullied. Additional information On the first part of the Deputy’s question, 80 The range and diversity of arrangements now of these 200 people are already trained and ready in place for peacekeeping allow us to work in tan- to start work. We hope to have 170 in place by Christmas and obviously it will not take too long dem with like-minded nations to contribute in a to put the remaining 30 in place. These people very effective and meaningful manner to peace are ready to go into action straight away. support operations throughout the world. Inter- operability with other forces is a key factor in our involvement in PfP and in our preparations over Other Questions. the past few years for the EU rapid reaction force. It is rewarding to see the effects of the hard ———— work put in by the Defence Forces over the past number of years coming to fruition in such a posi- Overseas Missions. tive way in the peace support role. It is intended 6. Mr. Durkan asked the Minister for Defence that Defence Forces involvement in UNMIL will the overseas peacekeeping and peace enforce- not exceed two to three years. ment missions contemplated or envisaged for the In the coming months, we are looking forward Defence Forces; and if he will make a statement to the takeover by the EU of the current NATO on the matter. [24041/04] led operation in Bosnia Herzegovina, known as SFOR. Ireland has already participated in its first Mr. O’Dea: Ireland is currently contributing EU mission, Operation Artemis, in the Demo- approximately 740 Defence Forces personnel to cratic Republic of the Congo and we currently 21 different missions throughout the world. The have a number of staff deployed at SFOR head- main commitments are to the NATO-led inter- quarters. Subject to the approval of the Govern- national security presence in Kosovo, with 213 ´ personnel, and to the United Nations Mission in ment and Da´il Eireann and an appropriate UN Liberia, with 435 personnel. Other personnel are mandate, it is proposed that Ireland will contrib- serving as monitors and observers with the ute in a substantive manner to the EU mission, United Nations, the Organisation for Security codenamed Operation Althea, taking account of and Co-operation in Europe and the European available resources and ongoing developments in Union. Staff are also deployed at the organis- other peace support missions in which we are ational headquarters of the OSCE, the United involved. Planning for participation in Operation Nations, NATO and the EU. Althea is currently ongoing. In Kosovo the Defence Forces are serving as No other deployments are planned or envis- part of a Finnish battalion with a Swedish-led aged at this time, particularly having regard to multinational brigade. A reorganisation and the scale of our current overseas commitments. downsizing of the NATO led forces in KFOR was However, as the Deputy will appreciate, situa- planned and had partly commenced when civil tions will no doubt arise where a request will be disturbances broke out in March this year in received for some Irish participation and these Kosovo. That downsizing has now been deferred will be reviewed on a case-by-case basis. to allow the situation to settle. The withdrawal of the Irish contingent was planned as part of this Mr. Durkan: Has an indication been received downsizing and was to have been completed by from any quarter regarding future peacekeeping October 2004. However, having regard to the fra- or peace enforcement missions other than those gility of the peace in Kosovo and subject to which the Minister has outlined to the House? If ongoing assessments of the situation on the so, what discussion has taken place? 15 Other 12 October 2004. Questions 16

Mr. O’Dea: Discussions have taken place with Mr. O’Dea: As I outlined in my reply to regard to the proposed takeover by the EU, as Deputy McGinley, the Air Corps has withdrawn mandated by the UN, of the NATO led operation from the provision of search and rescue in the in Bosnia. I understand this will take place in north west with effect from yesterday. The December. Ireland already has 12 people working Department of Communications, Marine and on that mission and we have agreed in principle Natural Resources, which has overall responsi- to provide 30 and 50 personnel to the force. Some bility for the provision of maritime search and 7,000 are already participating in this operation rescue services within the Irish search and rescue and they will be replaced by 7,000 new personnel. area has contracted with a private operator, This mission, known as Operation Althea, is the CHCI, to provide the search and rescue service only current proposal for future peacekeeping in the north west. CHCI already provides search operations although the situation will continue and rescue services for the rest of the Irish search to develop. and rescue area from its bases at Cork, Waterford and Shannon. Mr. McGinley: Does the Minister envisage that I take this opportunity, as I am sure the House the mechanism known as the triple-lock could be would like, to salute the Air Corps for the dedi- an impediment to the participation of Irish troops cation and bravery shown by its search and rescue in peacekeeping missions abroad? I am referring crews over the past 40 years. The Air Corps has to the requirement for Government approval, been involved in some of the most dangerous and Da´il approval and UN mandate and the veto that daring rescues around our coast, saving more a member of the Security Council could impose than 3,000 lives. The crews involved undertook on Ireland’s participation. This has happened in these missions in situations that called for the the past. Does the Minister consider that it could utmost bravery. Many different awards both happen in the future? China imposed a veto when national and international have formally recog- Ireland wished to participate in Kosovo or one of nised this down through the years. In fulfilling those eastern European countries. this rewarding but dangerous task some members of the Air Corps have paid the ultimate price. It Mr. O’Dea: I believe Deputy McGinley is is fitting on this occasion to again pay tribute to referring to the mission whereby UN sanction the crew of Dauphin 248, Captain Mick Baker, was vetoed by China. In effect, members of the Captain Dave O’Flaherty, Sergeant Paddy Security Council have a veto on such operations. Mooney and Corporal Niall Byrne who were It is our intention that the triple-lock arrange- tragically killed in Waterford in July 1999 while ment will continue. Any peacekeeping operations returning from a search and rescue mission. or foreign engagements involving Irish troops will Bearing all this in mind, it was obviously a very require a decision by the Government, ratifica- difficult decision my predecessor Deputy Smith tion by the Da´il and sanction by the UN. While had to make last December when it was decided one could say that some people have a veto which that the Air Corps would withdraw from search might effectively prevent Irish involvement in and rescue. This decision was taken against what peacekeeping missions, any movement to dimin- has always been the overriding concern of the ish the triple-lock would undermine the notion Government, and the Air Corps, for the safety of that the UN is superior in this regard and that mariners and of anyone who gets into difficulty Ireland only acts under its aegis. I do not envisage where SAR can respond. The Air Corps was not any change in the triple-lock arrangement. The in a position to provide the level of service veto is an element of the UN structure but so far required and so the baton has passed to CHCI, as Ireland is concerned, it is the primacy of the which has proven its dedication and professional- UN which is paramount. Such operations must be ism in this area of endeavour. approved unanimously and if the veto is exer- This change in provider will not downgrade the cised, that is too bad and means that Ireland level of service provided to mariners or those who cannot become involved. As far as the Govern- live in our island communities. The coast guard ment is concerned, the triple-lock arrangement mission list includes air ambulance, island relief, will continue to operate in its current form. medevac etc. While yesterday was naturally tinged with sad- Search and Rescue Services. ness at leaving SAR, this change marks the begin- 7. Mr. Sherlock asked the Minister for Defence ning of a new era for the Air Corps. Significant the reason the Air Corps is continuing to operate investment continues in the Air Corps as a whole, the helicopter rescue base in Sligo on behalf of both in infrastructure and in assets. The new Lear the Irish Coast Guard despite an announcement jet was delivered at the start of the year and flew in December 2003 that he would remove the Air more than 78 missions during the Irish EU Presi- Corps from search and rescue operations; when dency. With the delivery of the Pilatus aircraft the military pilots and crew will be withdrawn from Air Corps is engaged in an intensive fixed wing such operations; when the privately run CHCI training programme that allows for the continued helicopter search and rescue crew will begin training of young cadets to the highest standard. operating; and if he will make a statement on the This is a very realistic response to the needs of matter. [24183/04] the Air Corps at this time. 17 Other 12 October 2004. Questions 18

Additional information Minister consider basing it in the north west so As I have already outlined, my Department is that the flight time between Sligo and Letter- currently engaged in a tender competition for the kenny General Hospitals and Dublin will be acquisition of six new helicopters for the Air halved? Six highly trained members of the Air Corps. Their primary role will be that of general Corps reside in the north west but they must be purpose military operations and training. Primary transferred to Baldonnel. Is this decentralisation tasking will include training and operations with in reverse? the Army, including the ranger wing, security and aid to the civil power, military exercises, infantry Mr. O’Dea: Ironically, the helicopter available interoperability training and limited troop trans- for use by the Air Corps for search and rescue port. However, these helicopters will also be missions in the north west is the same one that available to perform air ambulance, aid to the will be used by the new company. The Air Corps civil authority, community assistance and VIP leased the helicopter from that company, which transport tasks. Air Corps personnel will continue has taken it back. The helicopter will be based at to train to provide a limited non-maritime search the same location and it would be an unnecessary and rescue capability within the Defence Forces. duplication of service to base another Air Corps The very significant resources invested in the helicopter there. I assure the House that, far from Air Corps will put it on a very sound footing to there being a diminution of service as a result of meet its commitments to the Defence Forces and the change-over, the search and rescue service to the community into the future. will be immeasurably enhanced.

Mr. Sherlock: I take it the Minister is saying Mr. McGinley: The Minister stated the reason the new system is being enforced now and that, the Air Corps association with search and rescue as I understand it, there was an impasse between services was terminated was its inability to pro- the Department of Defence and the Department vide 24 hour cover. Does he agree that is slightly of Communications, Marine and Natural misleading because the Air Corps provided cover Resources. Has that been resolved? Who will 24 hours a day, seven days a week? A temporary fund the new system and which Department will difficulty relating to the winch crew arose in have responsibility for it? December 2002, which could have been nego- Were we in a position to help in the matter of tiated and settled at the time. Until that difficulty the Canadian submarine incident? arose, 24 hour cover was provided and the reason for terminating the contract was based on a dubi- An Ceann Comhairle: I am not sure that ques- ous premise. tion is in order, but the first is.

Mr. O’Dea: I am not aware of any impasse Mr. O’Dea: I do not accept the contract was between the Department of Defence and the terminated based on a dubious premise. The diffi- Department of Communications, Marine and culties with the winch crew resulted in a major Natural Resources. Perhaps it existed before I outbreak of the Army version of “blue flu” when came to this office. The short answer to the many people went sick simultaneously. People Deputy’s question is that the Department of are entitled to do that, but the Deputy referred Communications, Marine and Natural Resources to a temporary industrial relations difficulty. will have responsibility for funding this company. Temporary difficulties can recur and it is imposs- It will pay the company for the search and res- ible to guarantee they will not recur. This service cue services. is provided to deal with imminent danger to life. I have a note on the situation with regard to the It is, therefore, important that a 24 search and Deputy’s other question, but I require the Ceann rescue service is provided, and it is not as if we Comhairle’s permission to read it to the House. are plucking somebody out of the sky. We are contracting a company that has operated to the An Ceann Comhairle: We have limited time for highest standards in other search and rescue questions. There are only six minutes for the areas. question and at least three Deputies want time on it. Common Foreign and Security Policy.

Mr. O’Dea: The short answer is that we were 8. Mr. Gogarty asked the Minister for Defence in a position to help in the situation. the headline goal for Ireland in terms of EU defence capability; and if he will make a state- Dr. Devins: I add my congratulations to the ment on the matter. [24275/04] Minister on his well deserved promotion. 10. Mr. Eamon Ryan asked the Minister for I would like to focus on the role of the Air Defence if Ireland will contribute forces to the Corps in the air ambulance. From January 2003 newly agreed 1,500 strong rapidly deployable to September 2004 some 116 missions were car- battlegroups, to be operational by 2007; and if he ried out to the north west by the air ambulance. will make a statement on the matter. [24282/04] These missions assisted a range from non-spinal to spinal and neonatal injuries. The air ambul- Mr. O’Dea: I propose to take Questions Nos. 8 ance has been transferred to Baldonnel. Will the and 10 together. 19 Other 12 October 2004. Questions 20

[Mr. O’Dea.] the European Union refers to what are known as A significant achievement of the Irish Presi- “common costs”. What does the Minister antici- dency in the development of the European Secur- pate those common costs will be for Ireland? ity and Defence Policy was the agreement of a Does the Minister agree that the battle groups new headline goal with a horizon of 2010, as as they are now constituted are the embryonic approved by the European Council in June 2004. form of a European army? Will he comment on Reflecting the European security strategy, which the matter? Is he concerned about the way in was presented to the European Council in which battle groups will be used? He mentioned December 2003 by the Secretary General-High the Petersberg Tasks which include pre-emptive Representative Solana, member states have action, joint disarmament operations and, I decided to commit themselves to respond to a quote, speak of support for third countries in crisis with rapid and decisive action, applying a combating terrorism. I would like the Minister to fully coherent approach to the whole spectrum of comment on the analysis of the International crisis management operations. This includes Security Information Service in Brussels that has humanitarian and rescue tasks, peacekeeping said—— tasks and tasks of combat forces in crisis manage- ment, including peacemaking. Member states An Ceann Comhairle: I make two points to the have also recognised that interoperability, Deputy. He had one minute for his supplemen- deployability and sustainability of forces must be tary question, which has concluded, and it is not at the core of their efforts and will be the driving appropriate to quote during Question Time. factors of this 2010 goal. The 2010 headline goal also incorporated the Mr. Gormley: I wish to let the Minister know development of the EU’s rapid response capa- and state for the benefit of the House that the bility. A key element of the headline goal is the information service said this could include any- ability of the EU to deploy force packages at high thing from providing personal security to UN readiness, commonly known as battlegroups, in inspectors to—— response to a crisis as a stand-alone force or as part of a larger operation enabling follow-on An Ceann Comhairle: I am sorry Deputy, but phases. An example of the contribution an effec- you have used your minute. tive battlegroup could make in restoring peace to a region suffering from conflict is the Finnish- Mr. Gormley: ——full scale invasion such as Irish peacekeeping battalion deployed with the the one that took place in Iraq. I would like the United Nations force in Kosovo, KFOR, which Minister to comment on that. has been the subject of recent favourable com- Mr. O’Dea: I thank Deputy Gormley for his ment arising from its reaction to an outbreak of kind words of congratulation that I deeply hostilities in its area of operations last March. appreciate. My understanding is that there is no Member states have been asked to provide obligation on Ireland to participate in this though initial indications of commitments to such force I will double check for the Deputy. On costs, we packages, with a view to an initial operational operate on the principle that they lie where they capability in 2005 at a capability commitment fall. If we contribute to a particular mission, we conference to be held in November under the bear the cost. In future, there could be a question Dutch Presidency. The question of Ireland’s par- of common costs that would be shared among the ticipation in such force packages is under examin- different participants, but we have certainly not ation in my Department. arrived at that stage yet. The 2010 headline goal will have no impli- I do not agree with Deputy Gormley that the cations for national sovereignty, which is a funda- battle groups constitute an embryonic European mental underlying principle to participation in army. We are speaking here about a number of the European Security and Defence Policy. states making a contribution of personnel or Ireland will continue to approach proposed mis- equipment to these battle groups under the aegis sions on a case-by-case basis and will only partici- and at the request of the United Nations. Such pate in operations authorised by the United battle groups could be assembled and deployed Nations and with the approval of the Govern- quickly to prevent genocide such as we saw in ment and this House. Rwanda, pillage, rape and other forms of attack. That is the raison d’eˆtre of this proposal. While Mr. Gormley: I congratulate the Minister on the United Nations regularly requests individual his elevation. He says he has not yet considered countries to provide forces for peacekeeping, the headline goal for 2010, but will take things on nobody has suggested the organisation has an a case-by-case basis. army. Therefore, I do not see why it is proper to say Europe has an embryonic or any other type Mr. O’Dea: I am considering it, but have not of army. yet made a decision. Aengus O´ Snodaigh: In his answer the Minister Mr. Gormley: The Minister must recognise that referred to the answer he gave to my question Ireland will have to make a contribution. Even if earlier. I do not believe the Minister can deliver we do not participate, Article 28 of the Treaty of on this commitment. 21 Other 12 October 2004. Questions 22

An Ceann Comhairle: Deputy, a question from manufacturers; when he expects the compe- please. tition to be complete; the total anticipated cost; and if he will make a statement on the matter. Aengus O´ Snodaigh: If troops are already [24186/04] deployed on UN duty, how can they be deployed on European rapid reaction activity or vice versa? 15. Mr. Gormley asked the Minister for There is a contradiction in that, which has not Defence his Department’s plans to buy six new been fully explained to the people. By signing up helicopters for the Air Corps; the cost of the heli- to this and furthering it by agreeing to battle copters; the way in which the helicopters will be groups, we are lessening our commitment to the deployed; and if he will make a statement on the UN. matter. [24268/04] 35. Mr. Gilmore asked the Minister for Mr. O’Dea: I do not agree. The issue here is Defence his views on the safety of the helicopter the supply of personnel for peacekeeping mis- fleet currently being used to transport Defence sions whether the request is made by the United Forces vehicles and troops in view of the decision Nations directly or indirectly through the Euro- to purchase six new helicopters; when he expects pean Union. I do not see what is the difference the six new helicopters to be in operation; and if in substance. he will make a statement on the matter. [24187/04] Mr. Gormley: Will the Minister comment on the declaration at the June European Council Mr. O’Dea: I propose to take Questions Nos. that spoke of pre-emptive action? Does he agree 9, 15 and 35 together. that battle groups should be involved in such The procurement process for the acquisition of action? new helicopters for the Air Corps is progressing The Minister told the House that he does not well. This major investment programme will believe there is justification for discussion of an involve the acquisition of six helicopters. It is pro- embryonic European army. I put it to him that in posed to purchase two light utility helicopters, the headline goal itself, the European Union is primarily for Air Corps crew training purposes, referred to as a global actor ready to take on the and four larger utility helicopters to support the role of a global security force. That gives rise to Army and for other ancillary uses such as air popular suspicion that what is involved is a ambulance duties. It is also expected to agree an counterweight, as so many people put it, to the option to purchase a further two helicopters of United States of America. That is what we are the larger type. The new aircraft will replace the talking about. current fleet of Dauphin, Alouette and Gazelle helicopters. Mr. O’Dea: I do not see European Govern- The tender competition was advertised in the ments involving themselves in the level of expen- Official Journal of the European Communities on diture on weapons and military capability that 29 May 2004 with the closing date for the receipt would make them an effective counterweight to of tenders being Tuesday, 3 August 2004. Valid the United States of America in our lifetime. tenders were received from Eurocopter, Sikorsky On pre-emptive action, Deputy Gormley may and AgustaWestland and a comprehensive tender or may not be aware that a capability conference evaluation process is ongoing. A project team will take place in Brussels in November which I comprising officials from my Department and Air hope to attend on behalf of the Government. The Corps and Army personnel is undertaking the details of how battle groups will operate, of what evaluation that will, of necessity, take some time they will consist and of how member states hope to complete. It is expected, however, that the to contribute or not will be discussed there. We Department will be in a position to place a con- are at an early stage at the moment and people tract before the end of the year. Deputies will should not rush to conclusions about pre- appreciate that as the evaluation process is emptive action. ongoing, I am not in a position to give any details of the costs of the helicopters. Mr. Gormley: That is what I said. I was simply The Air Corps, primarily in the military pilot quoting the Minister. and aircrew training roles will operate the two light utility helicopters. Primary tasks for the heli- Mr. O’Dea: One can say what one wishes, but copters will include pilot training, instructor train- the ultimate shape of the rapid response force will ing and instrument flight training. The four larger be decided by the defence Ministers of the mem- utility helicopters will be operated by the Air ber states of the European Union. We have Corps in general purpose military operational decided nothing yet. and training roles and will not be dedicated for use by any particular element of the Defence Defence Forces Equipment. Forces. Primary tasks for the utility helicopters 9. Mr. Costello asked the Minister for Defence will include training and operations with special the details of the new tender competition to pur- forces, security and aid to the civil power, military chase four utility and two light helicopters to a exercises, infantry interoperability training and value of at least \50 million; the level of interest limited troop transport. 23 Other 12 October 2004. Questions 24

[Mr. O’Dea.] On Deputy Gormley’s question, I have no The helicopters will have the capability of lift- ambition to be transported by helicopter. I am ing some Defence Forces equipment such as artil- scared stiff at the notion of having to travel by lery pieces but will not have the capability to lift helicopter. heavy equipment. They will also be used to per- form air ambulance, inland search and rescue, aid Mr. Gormley: The Minister may have to get to the civil community and VIP transport tasks. used to it. The contract for the supply of the helicopters will be awarded on the basis of the most economically Mr. O’Dea: There are many other VIPs besides advantageous tender applying the following Ministers in the country. As I understand it, heli- award criteria which are listed in order of copters will only be available to Ministers when priority: functional characteristics, operational absolutely necessary. They will not be used by suitability and technical merit; maintenance, tech- Ministers as a general tool of transport. nical support and after sales service; tender prices; life cycle costs over 20 years; training Mr. Gormley: What VIPs does the Minister packages offered; warranties offered; and deliv- have in mind? ery period. The procurement of modern light utility and Mr. O’Dea: The term VIP covers a broad range utility helicopters will provide a significant boost of people such as the Chief of Staff and Army top to the Air Corps. In that regard, every effort will brass. I do not know exactly to whom the term be made to ensure the process moves along as VIP refers but I will make inquiries for the quickly as possible to ensure the new helicopters Deputy. are available to the Air Corps at the earliest poss- ible date. Mr. Sherlock: It does not apply in Limerick. Mr. O’Dea: There are very few VIPs in Mr. Sherlock: Can the Minister guarantee the Limerick. On Deputy McGinley’s point, I am not helicopters will be purchased and that events such aware of the confrontation between the Govern- as the debacle over the \100 million tender which ment and company concerned as it happened well occurred in 2002 will not recur? Is it not time this before my time. I am, however, aware that Sikor- issue was dealt with once and for all? It would be sky is one of the companies that has tendered for timely if the Minister could guarantee the pur- the supply of the six helicopters. The tenders are chase of the helicopters and proceed with the being evaluated by designated persons and it is programme. intended that a contract will be placed before Christmas. The time of delivery will depend on Mr. Gormley: Does the Minister accept the various matters such as the order books and so Department of Defence has created a mess in this on of the successful company. area given it recommended Eurocopter in the It is intended each helicopter will be fitted with first instance? I was struck by the use of the two 7.6 millimetre machine guns which will be words “VIP transport tasks” in the Minister’s removable. Given part of the function of such reply. Will the military helicopters be used to military aircraft will be to provide aid to the civil transport Ministers around the country? Are power, it may be necessary for them to be armed Mercs to be replaced by helicopters? in certain circumstances. However, Members can rest assured the guns will be detached when the Mr. McGinley: I understand from the Mini- aircraft are performing search and rescue oper- ster’s initial reply that Sikorsky has tendered for ations or air ambulance duties. the supply of the six helicopters. If memory serves me correctly, a confrontation between Departmental Expenditure. Sikorsky and the Government two or three years ago resulted in the original order being cancelled. 11. Mr. McGinley asked the Minister for Has whatever disagreement that existed at that Defence if his attention has been drawn to the time been satisfactorily resolved? I understood fact that the amount of money allocated to threats were made at the time to go to the High Defence over the past ten years has dropped from Court in an effort to have matters sorted out. Will 1.6% of GNP to 0.8% in 2004; and if he has satis- the helicopters have a military capacity? In other fied himself with this level of funding. [24265/04] words, will they be armed? Mr. O’Dea: Based on GNP figures received from the Central Statistics Office gross expendi- Mr. O’Dea: Deputy Sherlock asked an ture on defence was 1.3% in 1994 and not 1.6% important question. I guarantee the purchase will as indicated in the Deputy’s question. The level take place. The tender process is well under way. of expenditure on defence in any particular coun- As far as I am aware, the 2002 proposal related try is influenced by a variety of factors, including to the purchase of medium lift helicopters. That the country’s political and security environment, proposal was dropped as a result of a demand for its history, demography and economy. savings across various Departments. The Depart- There has been an unprecedented level of ment of Defence made its decision in that regard expenditure on infrastructure and equipment for in the interests of the economy. the Defence Forces in recent years. This was 25 Other 12 October 2004. Questions 26 made possible by the Government’s decision that as a percentage of GDP because we had money pay savings arising from the re-organisation of coming in from savings as a result of reductions the Defence Forces set out in the White Paper of in personnel and the sale of surplus property. 2000, along with proceeds from the sale of surplus Defence expenditure would not have made any properties, would be reallocated for investment in major difference to our economic performance in modern facilities and equipment. More than \174 the past ten years. million was spent on the capital investment pro- In 1994, the gross expenditure on defence was gramme for the upgrade of barracks, accommo- \546 million and in 2004 it will be \900 million. dation and other facilities between 1997 and end Inflation between 1994 and 2004 was 40%, of 2003. This year’s Defence Estimate includes a whereas the gross expenditure on the defence and further \19 million for such capital works. Army pensions Votes increased by about 65% in Significant progress has also been made in the same period, a substantial increase. I accept recent years with the acquisition of modern Deputy McGinley’s point that the sale of prop- equipment for the Army, Air Corps and the erty and other one-off funding sources is drying Naval Service, details of which I will provide in up but I have no plans to sell any more barracks. reply to a later question. There may be some minor property sales but no more barracks will be sold. I must now go back Mr. McGinley: I note and accept the Minister’s to the Estimates system to get money to ensure correction. I was quoting from an article in An the substantial improvements to equipment, Cosanto´ir which specifically stated the amount infrastructure, efficiency and training are main- allocated to Defence had dropped from 1.6% of tained. The House can rest assured that I will GNP to 0.8%. fight my corner at the Cabinet table to ensure The figure of 0.8% can be fairly misleading sufficient resources are forthcoming for those because it included an element of the proceeds of purposes. property sales, something we cannot depend on in future. I specifically heard the Minister say in Air Corps Strength. Letterkenny last Thursday that he does not have on his agenda the proposed sale of any further 12. Mr. Durkan asked the Minister for Defence barracks, so that source of revenue is drying up. if he has satisfied himself that the Defence Forces Is the Minister aware that senior members of the have adequate resources and capability in the Defence Forces have expressed concern at the event of a land, sea or air borne terrorist attack, reduction in revenue available to the Defence with particular reference to the need to scramble Forces? While such reductions may not have aircraft in an emergency; and if he will make a repercussions for the near future, the long-term statement on the matter. [24040/04] viability and efficiency of the Defence Forces will be affected if we repeatedly continue to reduce Mr. O’Dea: The most important defence funding. against a terrorist attacks is detection and preven- tion by the security forces. While the Garda Mr. Gormley: I asked a similar question of the Sı´ocha´na has the primary responsibility for law Minister’s predecessor who suggested the allo- and order, one of the roles assigned to the cation to the Defence Forces had been reduced Defence Forces is the provision of aid to the civil to 0.6% last year. I will have to check up on power, meaning in practice to assist, when that figure. requested, the Garda Sı´ocha´na. The various com- Does the Minister accept that Ireland has the ponents of the Defence Forces are active in this lowest defence spending in Europe as a percent- regard, providing such assistance as is appropriate age of GNP? The Minister said the United States in specific circumstances. spends almost 3.25% of GDP in this area. Does The level of any terrorist threat to Ireland is the Minister accept the analysis of many econom- continually assessed. The advice available to me ists that one of the reasons for Ireland’s economic would suggest that while the terrorist threat to performance in latter years has been the fact that Europe is currently high, for Ireland it is low. our spend on defence is much lower than in However, it is prudent that we take precautions other countries? and keep matters under continuous review. The Defence Forces make contingency plans Mr. O’Dea: I am amazed that Deputy Gormley for a range of scenarios where the State may be at is concerned about the reduction in expenditure risk. An urgent and detailed review to deal with a on defence. There is no comparison between the range of emergency situations was undertaken by United States and Ireland in that regard. the military authorities following the events of 11 September. It included, inter alia, an up-date of Mr. Gormley: I am saying that we are better the threat assessment, intensive contacts with off. other State agencies, a reassessment of operations orders relating to vital installations, alert systems, Mr. O’Dea: I thought the Deputy was worried the Army ranger wing, ordnance and engineer that the percentage is decreasing. Looking at aspects in terms of explosive ordnance disposal overall expenditure on defence in the context of and specialist search and a review of equipment the budget, we were able to reduce expenditure including the need for air defence. All matters 27 Other 12 October 2004. Questions 28

[Mr. O’Dea.] Mr. McGinley: Our near neighbours are arising were addressed and all procedures already on red alert. No less an authority than updated as required. Commissioner Sir John Stevens of the Metropoli- The assets available to the Defence Forces are tan Police has stated that it is not a question of if related to the level of threat and are considered but when there is a major attack on London or appropriate in this regard. Air defence capability the UK. Does the Minister agree that Sellafield requires the integrated use of aircraft, radar and could be a prime target? What preparations have air and ground-based weapons systems. The we engaged in to prevent anything coming from Defence Forces have a limited ground-to-air that direction? Iodine tablets have been distrib- capacity. That has always been the position. The uted but what other preparations have been new Pilatus trainer aircraft will enhance the air- made? Does the Minister agree that these terror- borne elements of our air defence capability. ists look for a soft target and that Shannon Air- However, we will still continue to operate a lim- port may be attractive to them? When the UK is on red alert we cannot take anything for granted. ited air-to-air and air-to-ground defence capability. Mr. Gormley: Does the Minister agree that a It would be inappropriate of me to go into land attack is more likely than a sea or air attack? specific details about the readiness, deployment Does he believe there are terrorist operatives in arrangements or the speed of deployment or re- this country and is he co-operating with the Mini- deployment of defence assets. However, I can ster for Justice, Equality and Law Reform on confirm that all Air Corps aircraft have adequate this? Are those people being observed? What is numbers of operationally trained air crew who the state of readiness in intelligence terms? can operate from Casement Aerodrome, Baldon- nel, which is available on a 24 hour basis where Aengus O´ Snodaigh: Is it true that none of the required. The shortest scramble time applicable aircraft that were delivered recently are equipped in the Air Corps in certain circumstances is two with any type of armaments, including the mini- minutes. mum available, which would be the equivalent of pea shooters in modern warfare, and that we Mr. Durkan: The two minute part is very depend for our defence on the goodwill we have impressive but the preamble worries me. To what built up over the years which has been damaged extent is the Minister satisfied that adequate by our complicity in the war in Iraq? resources and equipment are available to the Air Mr. Sherlock: Staff Lieutenant General Jim Corps and the rest of the Defence Forces in the Sreenan has stated that the Army should prepare event of a surprise terrorist attack? On whom can for a dirty bomb attack. According to him, the the Minister and the Defence Forces rely for major concern would be an attack similar to that assistance in the event of such an attack, partic- which took place in Madrid. Other European ularly for prior warning, thereby giving the countries have strengthened their security and we Defence Forces time to get into the air or to must be seen to do the same. What action has make the necessary preparations? been taken to do this?

Mr. O’Dea: The primary responsibility in the Mr. O’Dea: To answer Deputy Sherlock first, I event of a terrorist attack lies with the Garda have already outlined the very considerable Sı´ocha´na and the Defence Forces would come in expenditure on training, equipment and infra- response to a request for assistance. We have a structure which the Government has engaged in limited air defence capacity but the events of 11 over the past several years. A system is currently September showed that countries that spend a in place which all the military advice available to fortune on air defence cannot guarantee protec- me suggests is as good as we can have in the cir- tion. Small countries do not spend resources that cumstances. Procedures are in place in the event could be used for other things on air defences for of a terrorist attack. I chair an emergency task that simple reason, although Israel is an exception force which will deal with the fall-out from a par- to that. The money we spend on air defence is ticular situation. For obvious reasons I will not related to our assessment of the terrorist threat, divulge too many details about the action to be which is currently low. taken in that situation. The Deputy can rest Countries like ours that cannot afford a huge assured that procedures are in place and it is my air defence system like the United States or hope that we will never have to use them. Britain have a simple choice. We either have a Mr. Durkan: The Minister should not keep it a token air defence system or we have a range of secret too long. tasks that can be performed in certain situations in a professional way and we have gone for the Mr. O’Dea: In answer to Deputy Gormley’s latter option. We have our own early warning sys- question about specific terrorist operatives, these tems. In the event of a foreign, air-borne terrorist matters are always kept under review. There is threat to this country, our near neighbours would constant contact between the Department of be on high alert because they would also feel Defence and the Department of Justice, Equality threatened. and Law Reform, and a coherent approach is 29 Other 12 October 2004. Questions 30 taken in respect of any known or suspected ter- billion. I envisage that approximately \300 mill- rorist who may be operating on Irish soil. ion will be the total cost of the Army deafness claims. Mr. Gormley: Are they operating here? Mr. Sherlock: The Minister may have given the An Leas-Cheann Comhairle: We are over time answer but I did not hear it. What procedure is on this question. We must proceed to the next now in place to prevent a recurrence of the question. problem?

Mr. Gormley: Are they operating in this coun- Mr. O’Dea: Certain circumstances enabled the try, to the Minister’s knowledge? court to find that the Army had been negligent in not providing proper protective equipment such Aengus O´ Snodaigh: Does the scramble time as hearing muffs for soldiers during military train- of two minutes include loading the guns? ing exercises. I am advised by the military auth- orities that all those procedures have been put in Mr. O’Dea: The scramble time is two minutes place to the satisfaction of the legal people who and, as I stated, the new aircraft will be armed. gave the advice in the first instance that the On the question of whether terrorists are cur- Government had a case to answer. rently operating in this country, not to my know- ledge, but if anything specific requires to be Defence Forces Recruitment. brought to my attention by my Department, I am 14. Mr. McGinley asked the Minister for confident it will do so. Defence if there are plans to increase the strength of the Army’s elite ranger unit; and if he will Hearing Impairment Claims. make a statement on the matter. [24266/04] 13. Mr. M. Higgins asked the Minister for 30. Mr. Boyle asked the Minister for Defence Defence the number of claims for damages for his proposals to increase the Army’s ranger unit; deafness determined in court or settled out of if this will be accompanied by a review of its wea- court at the latest date for which figures are avail- ponry; and if he will make a statement on the able; the amount paid out to date in terms of matter. [24270/04] damages or legal costs; the number of such claims outstanding; and if he will make a statement on Mr. O’Dea: I propose to take Questions Nos. the matter. [24188/04] 14 and 30 together. Mr. O’Dea: By 30 September 2004, a total of There is an existing policy of ongoing recruit- 16,726 claims had been received in my Depart- ment to the Army ranger wing. Selection courses ment from current and former members of the are held periodically and successful candidates Defence Forces in respect of loss of hearing alleg- are then taken into the Army ranger wing. A edly caused during their military service. A total planned selection course is in progress. It is not of 333 claims have been determined in court and known at this time how many personnel are likely 15,060 have been disposed of out of court, mainly to be successful on this course. The military auth- through settlement, leaving a total of 1,333 claims orities advise that the number of personnel serv- outstanding at that date. The sum of \277.3 mill- ing in the Army ranger wing is less than 75. For ion has been paid in respect of hearing loss security reasons it is not the policy to disclose the claims, including \93.3 million in plaintiffs’ legal type of equipment available to the ranger wing. costs. Mr. McGinley: I was under the impression that Mr. Sherlock: The Minister’s predecessor the strength of the Army ranger wing was reported that good progress was being made. approximately 100 and I am surprised to hear it What is the state of that progress and what les- is as low as 75. I believe there was some intention sons are being learned from the procedures to to increase the number of personnel to 120. Does prevent a recurrence? the Minister agree that if the country was under attack, the ranger wing would be the first line of Mr. O’Dea: The circumstances which enabled defence against terrorists? Are there plans to people to sue successfully have been dealt with, increase the number of personnel from 75, which for example, proper protective equipment has is very low. Are those personnel who are cur- been issued. I am delighted to inform Deputy rently in training additional to the 75? Sherlock that 11 claims per week was the norm in 2002. That figure decreased to four per week Mr. O’Dea: Those personnel being trained at in 2003 and it is currently down to one claim per present are to maintain the complement of 75 and week. The early settlement scheme contributed are not extra personnel. I will discuss the matter to it being a lot less expensive than had been orig- of possible increases in the numbers serving in inally envisaged. That scheme terminated on 26 the ranger unit with the military authorities. To July 2002. My best estimate is that the situation my knowledge there are no plans at present to will be resolved at a cost of just under \300 mill- increase the numbers above 75 personnel. I will ion, which certainly is money the Government discuss Deputy McGinley’s concerns with the could be using for other things but which, never- appropriate military authorities. If it is necessary theless, is far less than some of the original esti- to make changes in that regard, I will present pro- mates, which ranged from \1 billion to \1.5 posals to the Government. 31 Other 12 October 2004. Questions 32

Mr. Gormley: I understood the Defence Forces to time within the Defence Forces. Personnel who had been lobbying for an increase in the numbers successfully complete such courses are com- to 120. Is the unit specifically trained to deal with missioned as officers in the Permanent Defence a siege such as happened in Beslan? As well as a Force. Participants on such courses are selected review of the number of personnel in the unit, on a competitive basis. In addition, from time to will the Minister also review the equipment sup- time, non-commissioned personnel who hold plied? In reference to an earlier question, would appropriate qualifications are commissioned to the ranger unit be part of the EU headline goal fill specialist appointments where vacancies arise. contingents which the Irish Government is pledg- Eligible non-commissioned personnel may also ing to assist? apply for the annual cadetship competitions. The requirement for potential officer courses and Mr. O’Dea: In answer to Deputy Gormley’s commissioning from the ranks competitions is questions, I do not know if the military auth- reviewed from time to time and is being specifi- orities are lobbying for an increase in the number cally addressed in the context of the integrated of personnel; they have not lobbied me as yet but personnel management system which is one of I have only been in the Department for ten days the major policy initiatives provided for in the and perhaps it will happen down the road. White Paper on Defence and in the programme The ranger unit is specifically trained to deal for Government. The integrated personnel man- with a siege. Its level of training is very high and agement system will make specific and ongoing its personnel are very well equipped. I will discuss provision for the introduction of regular schemes the question of equipment with the military auth- to commission enlisted personnel as officers in orities when I am discussing the size of the unit, the Army, Air Corps and Naval Service. as suggested by Deputy Gormley, because that is Draft conditions governing the appointment of a logical decision. enlisted personnel of the Permanent Defence Force to be officers of the Naval Service are Mr. Stanton: Is it true that the ranger wing under discussion with the representa- operates overseas and is the Minister satisfied 4 o’clock tive associations. As the discussions that there are sufficient numbers of its personnel with the representative associations present in the State to cope with any emergency are ongoing, it would not be appropriate to com- that might arise? ment on the specifics of the proposed draft con- ditions. However, it is the intention that a poten- Mr. O’Dea: I forgot to answer Deputy Gorm- tial officers’ course will be run as soon as these ley’s other question about whether members of the ranger wing can be part of the EU headline discussions have been completed. force. My understanding is that it can include members of the ranger wing. Deployment abroad Mr. Sherlock: Will the Minister agree it was of members of the Army ranger wing and the stated previously that a Defence Forces inte- consequent size of the force remaining in this grated personnel management system was being country is under review at all times. The Govern- prepared by military management as a matter of ment will ensure that there are sufficient person- priority? In the Cork area where efforts at pro- nel in the country to deal with any emergency or motion were made, it attempted to take up the contingency that may arise. case of a number of NCOs who see their career paths blocked despite the efforts of their direct Mr. Gormley: Will the Minister state the coun- superiors in the Naval Service. The career pros- tries where the rangers are currently deployed pects for NCOs are bleak. As the Minister said in and the numbers in each country? his reply, 28 non-commissioned officers have been commissioned as officers in the past five Mr. O’Dea: I am unable to provide that infor- years. That is very limited promotion through the mation in the House today but I will communi- ranks. There should be a realistic prospect of pro- cate the information to Deputy Gormley. motion through the ranks, particularly given the shortages in the Naval Service. Question No. 15 answered with Question No. 9. Mr. O’Dea: I agree with the Deputy that pro- motion prospects are extremely limited. The fig- Defence Forces Personnel. ures clearly show that to be the case and they do not lie. The last such course which would enable 16. Dr. Upton asked the Minister for Defence enlisted personnel to become officers took place the number of personnel from the other ranks in 2000. It is the intention that as part and parcel commissioned as officers in the Defence Forces of the integrated personnel management system in each of the past five years; if he has plans to those competitions will take place regularly. I do increase the numbers commissioned from the not wish to go into further detail given that dis- ranks; and if he will make a statement on the cussions are ongoing with representative associ- matter. [24199/04] ations and I do not wish to pre-empt anything. It Mr. O’Dea: A total of 28 non-commissioned is my intention that the career paths and oppor- officers have been commissioned as officers in the tunities for enlisted personnel to get to officer Army, Air Corps and Naval Service in the past level will be considerably enhanced. This is one five years. Potential officers courses, POC, are result of the integrated personnel management held for non-commissioned personnel from time system that we are trying to introduce. 33 Other 12 October 2004. Questions 34

Mr. Stanton: Given that these discussions have armoured personnel carriers are on operational been ongoing for a number of years what pro- duties with our troops in Kosovo and Liberia. gress, if any, has being made? The replies I have The initial contract for 40 armoured personnel received to parliamentary questions on the carriers saw deliveries completed by March 2002 matter in recent years were to the effect that dis- and was valued at \51 million, inclusive of VAT. cussions were ongoing. Is there any sign of the The value of the additional contract is some \33 discussions reaching a conclusion? million inclusive of VAT with payments spread over the period 2002 to 2005. Mr. O’Dea: Specific deadlines are set out in the Another significant contract relates to the White Paper on Defence. My understanding is acquisition of the Javelin missile system from that considerable progress has been made in the Raytheon-Lockheed Martin in the US at a cost discussions and, hopefully, the matter will be of some \13 million inclusive of VAT. The pur- resolved shortly. I am sure Deputy Stanton will pose of this acquisition is to give Defence Forces continue to ask about the discussions until such personnel an effective, anti-armour capability time as the matter is resolved. while on peace support operations. The system will replace the Milan system. Some items under Defence Forces Equipment. the contract have been delivered to allow for the training of personnel. The main delivery is sched- 17. Mr. Stanton asked the Minister for Defence uled for early 2005. the amount expended on equipment for the Defence Forces in 2002 and 2003; his plans for Additional information further expenditure in this area; and if he will There have been ongoing programmes of make a statement on the matter. [24295/04] acquisitions of both nuclear biological chemical Mr. O’Dea: The acquisition of new equipment equipment and night vision equipment in recent for the Defence Forces will be a key focus for me years and these programmes will continue to as Minister for Defence. I am aware that signifi- meet the ongoing requirements of the Defence cant investment has taken place in recent years Forces. and I want to continue the good work in that The acquisition of light tactical vehicles for the regard. Defence Forces will also be considered in the The unprecedented level of expenditure on light of the ongoing budgetary position. The main equipment for the Army, Air Corps and Naval priority for the Air Corps has been the purchase Service was made possible by the Government’s of eight fixed wing training aircraft all of which decision that pay savings arising from the reor- have been delivered. The new aircraft is the Pil- ganisation of the Defence Forces set out in the atus PC-9M, manufactured by Pilatus Aircraft White Paper of 2000, along with proceeds from Limited, Switzerland. The cost of the eight air- the sale of surplus properties, would be reallo- craft is approximately \60 million. While these cated for investment in modern facilities and aircraft are primarily for pilot training, they are equipment. capable of being armed and as such will have a Investment in new equipment for the Army, limited defensive capability. Air Corps and the Naval Service is provided for The procurement process for the acquisition of under various subheads of the Defence Vote new helicopters for the Air Corps is progressing relating to defensive equipment, mechanical well. This major investment programme involves transport, aircraft, ships and naval stores etc. The the acquisition of six helicopters — two light util- total expenditure for 2002 for equipment under ity helicopters primarily for Air Corps crew train- those subheads was \97 million. The correspond- ing purposes and four larger utility helicopters, ing figure for 2003 was \100 million. with the option of two further such helicopters We have made excellent progress in terms of for use in support of the Army and for other new equipment and better infrastructure and I ancillary uses such as air ambulance. It is will continue that process. The taxpayer gets expected that a contract for the acquisition of the extremely good value for money both in terms of helicopters will be signed before the end of the home operations and duties overseas. At every year. available opportunity, I will champion the cause The Naval Service has also benefited from the of ongoing investment and development of our investment programme in recent years with the Defence Forces. It is my desire that we continue acquisition of two new modern ships, LE Ro´isı´n to make substantial investment in new equipment and LE Niamh, at a cost of some \25 million and infrastructure in 2005 and beyond. While each. expenditure programmes will now have to be more prioritised I will ensure that a substantial Mr. Stanton: What make of armoured person- re-equipment programme will continue to nel carriers were purchased? Is it true that many enhance the efficiency, professionalism and safety of these armoured personnel carriers require a of the Army, Air Corps and Naval Service. huge amount of maintenance and are out of This week sees the final delivery in the contract action for long periods? With regard to the value for the additional 25 additional armoured person- the public is getting for this equipment, what type nel carriers, which gives the Defence Forces 65 of value for money audit takes place? It is no armoured personnel carriers in total. These good if the equipment is broken down most of 35 Other 12 October 2004. Questions 36

[Mr. Stanton.] terial Air Transport Service and Defence Forces the time. My information is that they are Mowag aid to the civil power. armoured personnel carriers and cost approxi- Costs to my Department arising from the Irish mately \1 million each. Are there other carriers Presidency of the European Union come under that are cheaper and equally good? What amount two headings, (a) those which arose as a result of of money was raised from the sale of the proper- the Department’s role in taking forward work in ties and did all the proceeds go towards Defence relation to the European Security and Defence Forces equipment and the upgrading of other Policy and (b) those which arose as a con- properties? sequence of the provision of support by the Defence Forces to the Presidency in the form of Mr. O’Dea: It is not my information that there security, transport, logistical support etc. and the are substantial difficulties with maintaining these ministerial air transport service. Costs under (a) armoured personnel carriers. Certainly that has amounted to some \229,000. Costs under (b) not been brought to my attention. I am aware amounted to some \1,409,430. Therefore, the that a detailed evaluation process, including value total cost was of the order of \1,638,430. for money considerations, takes place when The roles of the Defence Forces as assigned by equipment of this magnitude is being purchased. Government are set out in the White Paper on That evaluation committee comprises personnel Defence, which was published in February 2000. from the relevant section of the Army, whether To aid the civil power, meaning in practice to the Air Corps, the Naval Service or the Perma- assist when requested An Garda Sı´ocha´na, which nent Defence Force. It also includes a number has the primary responsibility for law and order, of personnel from the Department of Defence. I including the protection of the internal security would be amazed if Deputy Stanton’s assertion of the State, is among the assigned roles. The was correct. As the Deputy will be aware the Defence Forces, pursuant to their role of render- initial contract was for 40 armoured personnel ing aid to the civil power, assisted the Garda as carriers following which we contracted to pur- required in duties during the Irish Presidency of chased an additional 25 armoured personnel car- riers. If these problems arose in respect of the the European Union. The additional costs initial 40 armoured personnel carriers, surely no incurred by the Defence Forces in the provision of assistance to the Garda Sı´ocha´na amounted to properly instructed person involved in the eval- \ uation process would dare recommend the pur- approximately 1,409,430. The Defence Forces, chase of the additional 25 armoured personnel pursuant to their role of rendering aid to the civil carriers. That matter would have been brought to power, assisted the Garda as required in duties, the attention of the Minister. I do not recall the which included the security operation surround- Deputy’s other question. ing the ceremonies marking the accession of new member states to the EU on 1 May 2004. Mr. Stanton: What moneys accrued to the State I am advised that more than 2,500 personnel from the sale of properties and did it all go back were deployed in various roles in connection with into the Defence Forces? the security operation surrounding the ceremon- ies marking the accession of new member states Mr. O’Dea: I do not have the exact figure, but to the EU on 1 May 2004. In addition, the Naval it was of the order of approximately \200 million Service was on patrol in the Irish Sea and the Air and it all went towards either the purchase of Corps provided air traffic control capability and equipment, protective clothing, radio equipment support to operations both at Casement Aero- or upgrading of infrastructures, specifically bar- drome, Baldonnel and in the Phoenix Park. The racks. It all went back into the Department of additional costs incurred by the Defence Forces Defence. in the provision of assistance to the Garda Sı´och- a´na on 1 May amounted to approximately EU Presidency. \872,650. A breakdown of these costs follows. 18. Mr. Stagg asked the Minister for Defence The Garda also requested the support of the the costs to his Department arising from the Irish Defence Forces for the visit from 25 to 26 June Presidency of the European Union between Jan- 2004 of the US President during the US-EU sum- uary and June 2004; and if he will make a state- mit. I am advised that approximately 2,262 ment on the matter. [24198/04] members of the Permanent Defence Force were deployed on security duties in connection with 21. Mr. Cuffe asked the Minister for Defence the visit. The additional costs incurred by the the role the Defence Forces played during the Defence Forces in the provision of assistance to EU Presidency; the cost of that role; and if he will the Garda Sı´ocha´na on 25 and 26 June 2004 make a statement on the matter. [24273/04] amounted to approximately \448,000. A break- Mr. O’Dea: I propose to take Questions Nos. down of these costs also follows. 18 and 21 together. The additional costs incurred by the Defence During Ireland’s Presidency of the EU, my Forces in the provision of Army drivers for the Department was responsible for progressing the EU Presidency VIP fleet of cars amounted to military aspects of the European Security and approximately \88,780. A breakdown of these Defence Policy as well as co-ordinating the Minis- costs follows. 37 Adjournment 12 October 2004. Debate Matters 38

Schedule of costings for operation on 1 May 2004

\

Security Duty Allowance and Overtime 506,780 Rations 62,120 Fuel 44,350 *Tech. Stores Supplies and Equipment Hire 259,400

Total 872,650 *This item includes engineer and communications equipment supplies together with ancillary support equipment, including generators, toilets, water supply services and catering.

Schedule of costs associated with President Bush’s visit.

\

ARMY General costs including Security Duty Allowance, Subsistence, Food and Fuel 347,000 1Equipment/Materials Purchased 24,000 2Equipment Hire 9,000

Sub-Total 380,000

NAVAL SERVICE (mainly Security Duty Allowance) 7,000 AIR CORPS General costs including Security Duty Allowance, Subsistence and Food 61,000

Total \448,000 1 This item includes fire-fighting equipment, electrical materials and catering equipment 2 This item includes ancillary support equipment, including generators, toilets and refrigeration units.

Schedule of costings of Army drivers.

\

January 13,282 February 5,787 March 9,709 April 25,793 May 20,831 June 13,378

Total 88,780

Mr. Sherlock: What was the cost to the State ster to consider the inconvenience and unnecess- of the visit of US President George W. Bush for ary hardship that the new security measures certi- the EU-US summit? Was the figure almost fied by his Department are having on fishermen \500,000? in Passage East, County Waterford; (2) Deputy McHugh — the need for the Minister to approve Mr. O’Dea: The EU-US summit on 25 and 26 the submission from the Western Health Board June necessitated the US President visiting of the planning brief for Tuam Hospital which Ireland. The total cost to the Defence Forces in was forwarded to her Department on 8 October this regard was \448,000. 2002; (3) Deputy Upton — the need for the Mini- ster expand on his comments on “Today with Pat Adjournment Debate Matters. Kenny” on Monday, 11 October and if he agrees An Leas-Cheann Comhairle: I wish to advise that the illegal dump at Grand Canal Harbour, the House of the following matters in respect of Dublin 8 needs urgent attention; (4) Deputy which notice has been given under Standing Hogan — the need for the Minister to indicate Order 21 and the name of the Member in each when the necessary approval will be given for case: (1) Deputy Deasy — the need for the Mini- construction of a new school (details supplied) in 39 Leaders’ 12 October 2004. Questions 40

[An Leas-Cheann Comhairle.] status. We scored very poorly on infant mortality County Kilkenny; (5) Deputy Cuffe — the need and our life expectancy figures from birth for to discuss the future and possible closure of a col- both men and women was in the bottom one third lege (details supplied) in County Dublin as this of the countries surveyed. The Government is college is one of only two such teacher training now in its eighth year and has spent \44 billion colleges in Ireland; (6) Deputy Twomey — the on the health service but the ESRI report sug- need to discuss what role the Minister has taken gests that the achievements have been almost in the continuous monitoring of medications negligible and are certainly nothing to boast available in Ireland and if she is aware of any about. more ongoing concerns regarding this or other In the Ta´naiste’s analysis of her first week in medication; (7) Deputy Ring — the need to ask office as Minister for Health and Children, can the Minister to provide the funding for a project she give the House three targets she expects to in County Mayo considering that the facility has achieve in the next 18 to 24 months? For instance, planning approval; (8) Deputies O’Sullivan and will the broken promise of the delivery of 200,000 Noonan — the need for the Minister to sanction medical cards be honoured? Will we see an end the continued employment of jobs initiative to waiting lists during her tenure of office and workers in Limerick; (9) Deputy Neville — the does she expect to end the chaos in accident and need to review the care and treatment of a person emergency units throughout the country? Will (details supplied) at the Mid Western Regional she give us three tangible targets by which we can Hospital; (10) Deputy Rabbitte — the need to set performance indicators? discuss the implications for the safety of up to 2,000 households in the Dublin 24 and 6W areas The Ta´naiste: I thank Deputy Kenny for his of the warning from NTL that their telephone good wishes and assure him I am no Messiah. connections may be a fire hazard; (11) Deputy There is no magic wand and I have no silver Crowe — the need for the Minister to report on bullet. the conditions under which NTL is withdrawing its services from many areas of the Dublin South Mr. Rabbitte: Where is the Messiah? West constituency; and (12) Deputy Healy — the need to commence the Clonmel flood alleviation The Ta´naiste: We cannot continue to put more scheme as announced by the Minister of State in and more money into the health services without April of this year. serious reform, a fact everyone in the House The matters raised by Deputies O’Sullivan and acknowledges. The good news is that we have Noonan, Hogan, McHugh and Rabbitte have more nurses per capita than any other country in been selected for discussion. the OECD, although they and other health workers do not come cheap. In order to meet benchmarking and salary increases next year, we Leaders’ Questions. will need an additional \500 million. Mr. Kenny: I congratulate the Ta´naiste on her One of the priority areas is accident and emer- appointment as Minister for Health and Children. gency units. It is unacceptable that people have Many within her own party have hailed the to spend upwards of 12 hours on a trolley before Ta´naiste as some sort of Messiah come to resur- they are admitted to a bed in an acute hospital. rect the health service from complete disinte- Allied to that are step-down facilities for the eld- gration. The Ta´naiste is an experienced politician erly, many of whom are in acute hospitals and I am sure the House wishes her well in her because there are no alternative services. A endeavours to restore a health service that the second ambition of mine is to reduce waiting lists. people deserve, but how can we be sure this is In that context, the national treatment purchase not just another false dawn? fund is making a major impact having treated If the Ta´naiste wants any sobering reading in 19,000 people to date. I want to continue to fund this regard, I recommend today’s ESRI report and support that, perhaps by extending its remit, which gives an independent snapshot of our because it is having a major impact through the health care system in the eighth year of this use of facilities in the independent sector in Government. In a comparison of 22 national Ireland and elsewhere to treat patients who have health systems using three established perform- been waiting a long time. ance indicators, Ireland came last and second last A third priority area is the extension of the in two areas. Ireland had among the highest levels income thresholds for medical cards, which we all of alcohol consumption, is at the bottom of the accept are too low. I cannot give commitments league for childhood immunisations and is joint in regard to numbers but it is important that we last with Japan in non-medical factors. Ireland concentrate on income thresholds, which I will ranked second last in health outcomes such as make a priority. I also intend to prioritise heart attack rates, cancer and suicide. oncology services. This country has the highest rates in the OECD I hope that in two and a half years we can make of male and female mortality for heart attacks major achievements in those four areas as well and is ranked “poor” for potential years of life as in health promotion. Ireland’s health spending lost due to female breast cancer. Ireland also since 1997 has been double the OECD and EU ranked 14th out of 22 in the analysis of health averages. When spending is combined with out- 41 Leaders’ 12 October 2004. Questions 42 comes such as dependency on alcohol, as Deputy from people; we want a health system that is close Kenny acknowledged, suicide, cardiac disease to them and operates based on their need as dis- and so on, the ESRI’s combination of findings tinct from what they have got in their pockets. puts us in the position reported today. It is the Government’s top priority in the next two and The Ta´naiste: I thank the Deputy for his sup- half years to accompany additional resources with port in the case in Mayo. I do not know if it is a radical reform. suitable case for the national treatment purchase fund. One of the issues surrounding accident and Mr. Kenny: In respect of the Ta´naiste’s answer emergency is the lack of data. I have asked for on accident and emergency departments, will she patient data to be made available over the next publish a benchmarking system so we can know two weeks as it is not collected at the moment. of increased performance according to length of This is so that we can know the kind of cases with stay in accident and emergency departments? which we are dealing, the frequency of visits and Will she publish a benchmarking system in so on. Tomorrow afternoon, I will meet the CEOs respect of those waiting six hours, eight hours, ten of all the Dublin hospitals regarding accident and hours, 12 hours or more? emergency services. Suffice to say that this is a In 2001, the Government promised more than priority for me, for the Government and for the \1 billion over ten years for the primary care sec- country. I appreciate the support the Deputy is tor. Only \16 million has been spent in this area. offering. I know he cannot support me all the The Government still refers to ten pilot projects time, but I appreciate the spirit in which he offers when we were told that there would be 600 deliv- that support. ered by 2012. Mr. Rabbitte: Like Deputy Kenny, I wish the An Ceann Comhairle: The Deputy’s minute Ta´naiste success in the health portfolio. She has has concluded. set out three priorities and I do not dispute them. It is urgent that they be dealt with after the many Mr. Kenny: I could not have not used my years of drift. Deputy Kenny referred to the pub- minute yet. I am not sure what stimulant the lication of the ESRI report today, and to the fact Ceann Comhairle is on today, but a minute does that we are second from the bottom of 22 OECD not go that quickly. countries in comparative performance on health The budget for mental health dropped from status indicators. This means the general health 11% to 7% last year. The task force report on of the country, as compared to those countries, is suicide is critical. Travelling the country, I heard second from the bottom. the advertisements broadcast nationally for Specifically on the mental health services does breastcheck, which are very good advertisements. the Ta´naiste appreciate that as a total percentage The advertisement states that the procedure is of the health budget, we now spend just over 6% perfectly confidential, safe, takes twenty minutes of the total health budget compared with 11% in and provides a phone number. It goes on to state the 1990s? Does she agree that the mental health that it is only available in the east and in the mid- services are the Cinderella of the health service? lands. Women in every other area suffer the What is the status of Government policy follow- trauma of hearing these advertisements about ing the announcement of her colleague, Deputy saving lives, yet they themselves are not in a posi- O’Malley, in respect of the sale of public lands tion to avail of this very necessary service. Per- surrounding 14 psychiatric hospitals in the coun- haps the Ta´naiste might look into that as a matter try and the commitment that that money will be of real urgency, not just for the facility, but for ploughed back into the psychiatric services? Is the business of systematic breast service facilities. that Government policy? Has the Department of All of this was put into perspective for me yes- Finance or the new Government stopped it? terday by a man who stood in my own office in What is the status of it? I ask this because of a Castlebar, with a bag of blood and urine attached particular case in the Ta´naiste’s constituency, to his leg. He was on a nine year waiting list for where \31 million has been realised from the sale urology services in the Mayo General Hospital of lands around St. Loman’s. A commitment was and he will also have to wait 18 months before given that it would be used in an area that has the consultant in Galway will be able to see him. the poorest provision of psychiatric services per When one talks to someone like that, one can capita in the country, although it has the highest understand the urgency, the fright and the trauma clinical demand. I speak of community areas four of what they have to go through. One can under- and five. The sale of the lands realised \31 mill- stand how badly people feel when they know that ion, but only \15 million has been dedicated to \44 billion has been spent in the past ten years. the psychiatric services. How can that be rec- A hard-working man now has to go around like onciled with the announcement with much fan- a cripple and feels he is going to die, yet the con- fare during the summer, of the transformation of sultant cannot see him for 18 months. That is land assets into what the Minister called health what the Ta´naiste has to deal with. I will support assets, specifically for the mental health services? her in many of the measures she has to implement, as the patient’s interest has to be put The Ta´naiste: More resources into mental first. We will not allow a system to be removed health is a priority. We have to ensure that people 43 Leaders’ 12 October 2004. Questions 44

[The Ta´naiste.] terms of a service regarded generally as the poor who require institutional care live in the best relation of the health services, the areas most possible circumstances. Among the issues I would deprived of psychiatric services are the poorest like to see dealt with is the situation regarding areas in the country. the Central Mental Hospital. All of these issues require resources, including the removal of An Ceann Comhairle: I call the Ta´naiste to people with intellectual disabilities from mental reply. health institutions. The intention is that any resources that can be found from the disposal of Mr. Rabbitte: Do we know what is Govern- assets would go into that area. We need to carry ment policy on this matter? I know what the out an audit of what we can generally sell in the Ta´naiste would like to do. I do not question her country. There are quite a number of properties good motivation. What is Government policy on currently in the possession of health boards, soon this matter and when will it be implemented? to be in the possession of the HSE, that will not be required for health related facilities. I would The Ta´naiste: Specifically in regard to St. Lom- like to see those disposed of in an orderly manner an’s, I am not in a position to advise the Deputy and the resources raised put into health care, what happened to the missing \15 million from including mental health. the mental health area, although perhaps I can There is one proviso. We also have commit- check that. ments on social and affordable housing. Each The overall policy is that any sale in the health Department was asked some time ago to provide area that can be made should go generally into sites for social and affordable housing. We have health, with one proviso in respect of social and to marry a number of different priorities. As far affordable housing. My Department, like every as I and the Minister of State at the Department other Department, has been asked to come for- of Health and Children, Deputy O’Malley are ward with land that may be suitable for social and concerned, we have to put more resources into affordable housing. To the best of my knowledge, the development of modern state-of-the-art facili- there is no formal Government decision in regard ties in the mental health area. to this matter, but that would be the intention. As far as audits are concerned, it will not be a Mr. Rabbitte: The progress on social and long drawn out audit, but in the Department of affordable housing has been weak. The Ta´naiste Heath and Children we do not have a piece of should consult the Minister for Justice, Equality paper that indicates what lands may be available and Law Reform; I notice he is making consider- to be disposed of over the next year or 18 months. able progress in one-off housing down the It would be very useful if we knew what we could country. dispose of with a view to putting the money into Can the Ta´naiste please deal with the ques- health care. tion? Is it Government policy to sell off the land surrounding the psychiatric institutions and to Mr. Rabbitte: What did the Minister of State, dedicate the money to the development of the Deputy Tim O’Malley, say? psychiatric services? That is the specific question. The Ta´naiste said she would like to see them The Ta´naiste: I think he was talking about being sold off and the resources dedicated to the specific pieces of land. mental and general services. The Minister of State made a clear announcement and what I am Mr. Rabbitte: No, he announced in respect of trying to establish is whether it means anything. 16 psychiatric institutions—— Is that the purpose for which the lands will be sold off? I gave the example of St. Loman’s, Mr. J. Higgins: I want to raise a number of where \31 million was realised in the sale and \15 issues concerning people originating from outside million was dedicated to the services. Why was the European Union now seeking refuge and that the case? Will the Ta´naiste do something shelter in this State on humanitarian grounds. about it? I cannot believe that seven and a half The Ta´naiste told the “Gerry Ryan Show” on years later, we are talking about doing an audit. Tuesday last correctly that a hard-line should be There was no audit done when religious lands taken against the atrocity known as female geni- were sold off. On the other hand, the Minister tal mutilation, also called FGM. Will she consider of State at the Department of Finance, Deputy making FGM and the threat of this barbarism Parlon, has had no difficulty in purchasing lands grounds for getting refuge in this State? Will she all around the country for a decentralisation pro- intervene with the Minister for Justice, Equality gramme more realised in the imagination than in and Law Reform to give humanitarian leave to reality. We are to do an audit seven and a half remain in this State to Juliet Imiruaye, a victim years later. That really is not good enough when of FGM, a campaigner when a midwife in Nigeria people are suffering deprivation in the psychiatric against FGM, and in the five years she has been services area. A report, The Stark Facts, pro- in Ireland a woman who has contributed exten- duced by the Irish Psychiatric Association shows sively to that campaign, against whom now unfor- that resources, including clinical resources, are tunately a deportation order has been made? It is concentrated in areas that are least deprived. In reported in The Irish Times today that there is a 45 Requests to move Adjournment of 12 October 2004. Da´il under Standing Order 31 46 slight window of opportunity. I ask the Ta´naiste Requests to move Adjournment of Da´il under to intervene in this regard. Standing Order 31. A further cohort of parents of Irish born chil- An Ceann Comhairle: Before coming to the dren, born before the Supreme Court judgment Order of Business I propose to deal with a and the constitutional referendum on citizenship, number of notices under Standing Order 31. I will are in an awful limbo, daily facing the anguish of call on the Deputies in the order in which they uncertainty which extends to their many sup- submitted their notices to my office. porters and friends, Irish born, in the community. I know the Minister for Justice, Equality and Mr. Cuffe: In light of the remarks by the Mini- Law Reform has much to occupy his mind over ster of State, Deputy Conor Lenihan, that the the next week. If he goes to Roscommon for the Government would not meet its target of 0.7% of weekend he may be obliged to sit in his tent GNP for overseas development assistance by wrapped in his sleeping bag as he has no perma- 2007 and in light of the remarks by the Taoiseach, nent roof there. Will the Ta´naiste ask him if he Deputy Ahern, that the decline in global overseas will concede to those who do not even have one development aid was shameful, indefensible and home humanitarian leave to find that home with inconsistent with the commitments made at Rio, their children in this country? I ask that a debate take place in the House on this issue. The Ta´naiste: I very much share the Deputy’s view in regard to female genital mutilation. I have Mr. Morgan: I seek the adjournment of the spoken to the Attorney General about this matter Da´il to discuss the following matter of local, and he assured me that it is covered under the national and international importance, namely, Offences Against the Person Act. I have spoken the further evidence of the shambles the Govern- ment has created within our health system, as to the Minister for Justice, Equality and Law reported by the ESRI, with the inexcusable Reform in regard to Juliet Imiruaye and he has second lowest rating of this State in a league of agreed to give her a stay of six months while he wealthier nations in terms of health care with the reviews the case. I very much hope as a result of two areas of particular concern being access to that stay of six months and the review he will be GPs for low income families and the contradic- in a position to allow her to stay on humanitarian tions of private health care being delivered in grounds because she has made a major impact in public hospitals. Ireland in regard to this issue. Mr. Crowe: I seek the adjournment of the Da´il Mr. J. Higgins: That is a very positive develop- under Standing Order 31 to raise a matter of ment. We would be a disgrace in front the nations national importance, namely, to investigate the and peoples of the world if we were to deport a circumstances under which NTL is withdrawing woman in Juliet Imiruaye’s position. its services from parts of the Dublin South West Will the Ta´naiste elaborate on her last com- constituency and the arrangements to provide ment on whether she also appreciates the particu- alternative facilities. lar case of some thousands of people with chil- dren who are Irish citizens who were advised Mr. P. Breen: I seek the adjournment of the quite solidly by the legal profession and others to Da´il under Standing Order 31 to raise a matter withdraw their application for asylum on foot of of national importance, namely, the continuing a hope of residency before the Supreme Court bias by Aer Lingus management against Shannon judgment? They constitute a category that needs Airport by the reduction of a number of routes to urgent intervention. The ESRI or other reports and from the airport and the fact that the station that have been published in the past week indi- manager will not be replaced when he retires. I cate that these people’s labour will certainly be ask the Minister to meet representatives of Aer Lingus to ensure Government policy is needed here. Their situation requires particular implemented in a way that has regard to balanced intervention. Will the Ta´naiste positively consider regional development. their position? Aengus O´ Snodaigh: I seek the adjournment of The Ta´naiste: The more general question is the Da´il under Standing Order 31 to raise a more appropriate to the Minister for Justice, matter of national importance, namely, that the Equality and Law Reform. The legislation that is Government has introduced a data retention pro- required on foot of the referendum will come to posal to the EU providing for universal surveil- the House shortly. lance of the entire European population and, in In regard to the specific case, because of the doing so, has ignored our Data Protection Com- contribution Juliet made in regard to this issue missioner’s expressed doubts over its legitimacy and the contribution she has made in regard to and legality, as well as the EU Data Protection health services generally and given that she asked Commissioner’s warning that the proposed level me to intervene, I was very happy to do that on of data retention constitutes an improper her behalf. invasion of fundamental rights. 47 Order of 12 October 2004. Business 48

An Ceann Comhairle: Having considered the mates to a select committee and No. 19 concerns matters raised, I do not consider they are not in membership of committees. order under Standing Order 31. Mr. Sargent: It refers to the Civil Service Commission. Order of Business. The Ta´naiste: The Order of Business shall be An Ceann Comhairle: It does not. I call the as follows: No. 17, motion re leave to introduce Ta´naiste on Deputy Kenny’s question. Supplementary and Additional Estimates [Votes 16 and 39]; No. 18, motion re referral of Sup- The Ta´naiste: The matter will return to the plementary and Additional Estimates [Votes 16 House on Thursday. and 39] to select committee; No. 19, motion re membership of committees; No. 1, Adoptive An Ceann Comhairle: Is the proposal agreed? Leave Bill 2004 [Seanad] — Second Stage; and Agreed. No. 3, Civil Service Regulation (Amendment) Bill 2004 — Order for Second Stage and Second Mr. Kenny: I was going to ask the Ta´naiste if Stage. she had seen any sign of the Minister for Justice, Equality and Law Reform today. Perhaps she will It is proposed, notwithstanding anything in elaborate on the theme of the conference on his- Standing Orders, that No. 17, subject to the tocompatibility in Dublin Castle, which is to be agreement of No. 17, No 18, referral to select opened by her Minister of State tomorrow. committee, and No. 19, shall be decided without debate and in the case of Nos. 17 and 18 any div- An Ceann Comhairle: That does not arise. isions demanded thereon shall be taken forth- with. Private Members’ business shall be No. 39, Mr. Durkan: It could arise. motion re health services. Mr. Kenny: Will the Ta´naiste state if there has An Ceann Comhairle: There is one proposal to been any movement in respect of the commit- put to the House. Is the proposal for dealing with ment by Government to employ 2,000 extra Nos. 17, 18 and 19 without debate agreed to? gardaı´?

Mr. Kenny: This matter has been addressed in An Ceann Comhairle: That does not arise on the Bill in the House and Deputy Bruton the Order of Business. expressed his concerns about this procedure. Is it expected that this will return to the House Mr. Kenny: Is it likely to appear in legislation for further discussion after Committee Stage later or a Supplementary Estimate before the budget? this week? Mr. Durkan: It was in the programme for Mr. Sargent: I, too, would like this matter to Government. return to the House as it refers, although not explicitly, to the Civil Service Commission and An Ceann Comhairle: I call Deputy Rabbitte. the dispersal of civil servants throughout the country. That there are only two people from the Mr. Durkan: It was in the programme for Civil Service Commission offering to be moved Government. to Youghal to date indicates the need to examine closely whether Government policy has any basis, Mr. Rabbitte: What is the position on the whether it will be possible to follow it through building control Bill? The Ta´naiste and longer- and whether we need to consider a plan B. There serving Members of the House will recall when a is a need for a debate. four foot wall had to built around the home of a Minister for Justice. When asked to explain it, he An Ceann Comhairle: To which item is the said it was to stop the Minister, Deputy Brennan, looking in over it. Will there be provision for such Deputy referring? a wall in any new planning application in Roscommon? Mr. Sargent: The items pertaining to the Estimates. An Ceann Comhairle: That does not arise.

An Ceann Comhairle: No. 17 concerns leave to Mr. Rabbitte: That is the problem. introduce Supplementary and Additional Estimates. Mr. S. Ryan: As far as the county manager is concerned, it does arise. Mr. Sargent: It refers to the Civil Service Commission. Mr. Sargent: The Ta´naiste might like to reply.

An Ceann Comhairle: No. 18 concerns the Mr. Rabbitte: It has arisen. That is the referral of Supplementary and Additional Esti- problem. 49 Order of 12 October 2004. Business 50

An Ceann Comhairle: The Ta´naiste should An Ceann Comhairle: Is the question appropri- reply on the building control Bill. ate to the Order of Business?

The Ta´naiste: The building control Bill is sub- Mr. Allen: Yes. Does the Government intend stantially in hand and will be ready in the middle to introduce legislation providing for a verifiable of next year. audit trail? Will it speak to the Commission on Electronic Voting—— Mr. Stagg: The sooner, the better. An Ceann Comhairle: That does not arise on The Ta´naiste: I do not believe we require legis- the Order of Business. I suggest that the Deputy lation to deal with the problem in County submit a question to the Minister for the Envir- Roscommon. onment, Heritage and Local Government.

Mr. Kehoe: Will we get an invitation for—— Mr. Allen: ——and ask it to examine the ques- tion of a verifiable paper audit trail? An Ceann Comhairle: I call on Deputy Sargent. Mr. Durkan: Terminator 2.

The Ta´naiste: There will be an open invitation Mr. Howlin: During Leaders’ Questions, the to the House, I am assured. Ta´naiste referred to the legislation required sub- sequent to the enactment of the last amendment Mr. J. Higgins: I appeal to—— to the Constitution. When will this legislation be introduced? Is there any provision for a humani- (Interruptions). tarian amnesty for those who are in the country for at least five years and who were caught under The Ta´naiste: Even Deputy Joe Higgins might the enactment of the constitutional provision? get an invitation. An Ceann Comhairle: The content of the Bill Mr. Sargent: I hope the Minister for Justice, does not arise. The Ta´naiste should reply on the Equality and Law Reform might be consulted on legislation. the building control Bill as he might have some informed opinions on it. The Ta´naiste: It will be introduced this session. The health Bill, which is due this session, is cer- It has been cleared by the Government and I tainly needed if a statutory framework is to be believe it has been published. It does not make provided for complaints procedures in the health provision for any amnesties. service. What is the progress on this legislation? Mr. Howlin: If one is in the country for five Likewise, given that the ESRI is reminding us years—— that older people in Ireland are twice as likely to be poor than those in the rest of the EU—— An Ceann Comhairle: We cannot discuss the content of what might be in the Bill. An Ceann Comhairle: Is the Deputy’s question appropriate to the Order of Business? The Ta´naiste: Perhaps the Deputy should debate that when the Bill is considered in the Mr. Sargent: It is very appropriate. The health House. and social care professionals Bill was supposed to be dealt with in the January legislative pro- Caoimhghı´nO´ Caola´in: Will the Ta´naiste state gramme and, when that did not happen, in the when the second report of Mr. Justice Henry Bar- Easter legislative programme. Is there a particu- ron into the British bombings in the city of lar delay, the surmounting of which would allow Dublin in 1972 and 1973 and other incidents will it to be expedited? Why should it be further be published and brought before the Houses of delayed? the Oireachtas?

The Ta´naiste: That Bill was cleared by the An Ceann Comhairle: I suggest that the Cabinet this morning. I hope the other Bill to Deputy submit a question on that issue. reform the health service will be before the House in November. The health complaints Bill Caoimhghı´nO´ Caola´in: Will the Ta´naiste state will be incorporated into that Bill. whether it is intended to proceed with the second report as with the first? Mr. Allen: Given that the Government referred so often to the circumstances in the US An Ceann Comhairle: That does not arise on during the debate on electronic voting and that the Order of Business. I suggest that the Deputy Arnold “Rambo” Schwarzenegger has brought in submit a question to the appropriate Minister. a Bill in California prohibiting the use of elec- tronic voting systems without verifiable audit Caoimhghı´nO´ Caola´in: It was appropriate in trails—— the past when a report commissioned by the 51 Order of 12 October 2004. Business 52

[Caoimhghı´nO´ Caola´in.] The Ta´naiste: I understand that it is before the Houses of the Oireachtas was coming back. I am Seanad at present and will come to this House asking about the procedures the Government will when it has been passed by the other House. adopt regarding its introduction in the House. Mr. Broughan: Does the Ta´naiste expect the An Ceann Comhairle: Procedure does not arise Minister for Enterprise, Trade and Employment at this stage. to bring any initiative to Cabinet or introduce legislation regarding jobs initiative and com- Caoimhghı´nO´ Caola´in: The Taoiseach has munity employment workers, given that many addressed these questions before. schemes are being terminated?

An Ceann Comhairle: I call on Deputy An Ceann Comhairle: Has the Deputy a ques- Richard Bruton. tion appropriate to the Order of Business?

Caoimhghı´nO´ Caola´in: With respect, the pre- Mr. Broughan: It is very appropriate to that cedent is long-established. In my own short years Minister—— of presence in the House, this matter has been An Ceann Comhairle: I suggest that the answered by the Taoiseach during the Order of Deputy submit a question to the Minister. Business and with the approval of the Ceann Comhairle. Mr. Broughan: The Ta´naiste was Minister for Enterprise, Trade and Employment for the past An Ceann Comhairle: I suggest that the seven years. Deputy submit a question to the appropriate Minister. Mr. Cuffe: Will we have a chance to discuss the Taoiseach’s absolute commitment to achieving ´ Caoimhghı´nOCaola´in: Will the Ta´naiste indi- our targets for UN aid by 2007 when the Council cate if it is intended that the sub-committee of of Europe Development Bank Bill 2004 comes the Committee on Justice, Equality, Defence and before the House? Women’s Rights will address this? An Ceann Comhairle: The Ta´naiste should The Ta´naiste: Unfortunately, I do not have the reply on promised legislation. answer. Perhaps I could come back to the Deputy tomorrow, if it is in order. The Ta´naiste: It is ordered for Second Stage.

Caoimhghı´nO´ Caola´in: That is all right. I Mr. Durkan: An Agreed Programme for thank the Ta´naiste. Government referred to a crimes Bill. What is the Government’s intention in this regard? Mr. R. Bruton: The Ceann Comhairle will recall that the Comptroller and Auditor General The Ta´naiste: It is not possible to answer at this reported to the House on the roads programme stage. The Minister is obviously considering the and indicated that a \7 billion Estimate per- report of the expert group which was submitted taining thereto escalated by \8.8 billion, an to him in late June. increase of over 100%. The Taoiseach stated breathlessly that the strategic national infrastruc- Mr. Sherlock: As the Ta´naiste is giving positive ture Bill would tackle many such overruns in cost answers today, I ask her to introduce the ground but it seems that it has fallen by the wayside. It is rents Bill without reference to the legal impli- not to be published until 2005. By the time it cations involved in it. passes through this House, the roads programme The Tanaiste: I believe one would need a Mes- will be complete. ´ siah for this one because for the past seven years I have been asking questions about that. I am An Ceann Comhairle: The Ta´naiste should sure I have not got to the page yet that will say reply on promised legislation. the same thing — “Not possible to say at this stage”. Mr. R. Bruton: What contribution will the Bill make to dealing with our national infrastructure? Mr. Rabbitte: Bring Deputy Michael Smith back to the Cabinet. The Ta´naiste: The new Minister for the Envir- onment, Heritage and Local Government is The Ta´naiste: Perhaps we should decide either reflecting on that legislation and will be making that it can or cannot be done, and deal with it a proposal to Cabinet shortly. accordingly.

Mr. Costello: Will the Ta´naiste indicate when Mr. Boyle: The new Minister for Social and the Garda Sı´ocha´na Bill, which provides for an Family Affairs was informed by Mr. John ombudsman, will be introduced in the House? Monaghan of the Society of St. Vincent de Paul 53 Adoptive Leave Bill 2004: 12 October 2004. Second Stage 54 about the devastating effect of the removal of the Department of the Taoiseach) be appointed in MABS allowance. Given that he was so informed, substitution for her; that Deputy Mary Hanafin will the Ta´naiste tell the House when the money (Minister for Education and Science) be dis- advice and budgeting service Bill will come charged from the Joint Committee on Broad- before the House? casting and Parliamentary Information and Deputy Tom Kitt (Minister of State at the The Ta´naiste: It was published two years ago. Department of the Taoiseach) be appointed in It has been ordered for Second Stage but amend- substitution for her; and that Deputy Liam ments are awaited from the Department of Social Twomey be discharged from the Select Com- and Family Affairs. I will speak to the new Mini- mittee on Finance and the Public Service and ster and will revert to the Deputy about the Deputy Paddy McHugh be appointed in substi- matter. tution for him.

Estimates for Public Services 2004: Leave to Question put and agreed to. Introduce. An Ceann Comhairle: We now come to No. 1, Minister for Finance (Mr. Cowen): I move: Adoptive Leave Bill 2004 [Seanad], Second That leave be given by the Da´il to introduce Stage. I call on the Minister of State at the the following Supplementary and Additional Department of Justice, Equality and Law Estimates for the service of the year ending on Reform, Deputy Fahey, to move the motion for 31 December 2004: the Second Stage reading. Vote No. 16 (Public Appointments Mr. Sargent: Is he in Roscommon as well? Service) (Supplementary Estimate) Vote No. 39 (Office of the Commission for An Ceann Comhairle: Who is going to move Public Service Appointments) (Additional the motion? Estimate). Mr. Allen: Bad planning. He is walking the land. Question put and agreed to. The Ta´naiste: I apologise for the absence of the Estimates for Public Services 2004: Referral to Minister of State who is usually very diligent. Pre- Select Committee. sumably, he did not expect such a short debate Minister of State at the Department of the on the Order of Business. Taoiseach (Mr. Kitt): I move: Mr. Allen: There are a lot of things he did not That, subject to leave being given to intro- expect. He is meeting the developers. duce the following Supplementary and Additional Estimates for the service of the year Mr. Durkan: We will have to suspend the sit- ending on 31 December 2004, the Supplemen- ting, a Cheann Comhairle. tary and Additional Estimates be referred to the Select Committee on Finance and the Mr. Rabbitte: The Minister of State will have Public Service pursuant to Standing Order to reapply for a slot. 152(3) and paragraph (1)(a)(ii) of that commit- tee’s Orders of Reference which shall report Sitting suspended at 4.55 p.m. and resumed at back to the Da´il by no later than 14 October 5 p.m. 2004: Vote No. 16 (Public Appointments Adoptive Leave Bill 2004 [Seanad]: Second Service) (Supplementary Estimate). Stage. Vote No. 39 (Office of the Commission for Minister of State at the Department of Justice, Public Service Appointments) (Additional Equality and Law Reform (Mr. Fahey): I move: Estimate). “That the Bill be now read a Second Time.” The Adoptive Leave Bill 2004 amends the Adoptive Leave Act 1995 to implement several Question put and agreed to. recommendations of relevance to adoptive leave made by the working group on the review and Membership of Committees: Motion. improvement of the maternity protection legis- lation. The 1995 Adoptive Leave Act provides Minister of State at the Department of the leave similar to maternity leave for an adopting Taoiseach (Mr. Kitt): I move: mother after the placement of a child into her That Deputy Mary Hanafin (Minister for care. The purpose of the Act was to redress a Education and Science) be discharged from the perceived anomaly that women who adopted chil- Committee on Procedure and Privileges and dren were excluded from the maternity leave Deputy Tom Kitt (Minister of State at the entitlements in place under the Maternity Protec- 55 Adoptive Leave Bill 2004: 12 October 2004. Second Stage 56

[Mr. Fahey.] leave by two weeks to 16 weeks. This provision tion Act 1994. The 1995 Act replicates all the rel- in section 3 of the Bill effectively means that both evant benefits of the maternity protection legis- natural and adopting mothers will be entitled to lation for women whose motherhood arises from avail of up to 16 weeks’ leave from work with adoption and its provisions were modelled on payment of Department of Social and Family existing arrangements for natural mothers. Pro- Affairs benefit from the time a child is born or vision is also made in the Act for similar leave placed into their care. for men in exceptional circumstances which arise The increase in leave to 16 weeks will be where the employee is a sole male adopter or if implemented by means of an order amending the the adopting mother dies either shortly before or Adoptive Leave Act 1995. As Deputies know, the shortly after placement of the child. draft order was considered earlier today by the The maternity working group, some of whose Joint Committee on Justice, Equality, Defence recommendations form the basis of the Adoptive and Women’s Rights, and a resolution approving Leave Bill, was set up as a result of a commitment the order will be made shortly. The increase is made in the Government’s An Action Pro- being implemented in this manner so that adopt- gramme for the Millennium and under the Pro- ing parents can avail of the increased leave pro- gramme for Prosperity and Fairness. The working visions at an earlier date in advance of the enact- group was chaired by my Department and ment of the Adoptive Leave Bill 2004 to coincide included representatives from all pillars of social roughly with the commencement of the Maternity partnership, relevant Departments, the Health Protection (Amendment) Act 2004. Service Employers’ Agency, the Health and The adoption of a child into a family requires Safety Authority and the Equality Authority. The considerable advance preparation and adjust- group’s recommendations were accepted in full ment. The adoption process is a long and anxious by the Government. The Government also journey for adopting parents but happily in the decided to amend the Adoptive Leave Act to majority of cases it culminates in the fulfilment of incorporate, where appropriate, the improve- their wishes to have a child. For good reason, the ments proposed to the Maternity Protection Act. preparatory and assessment process is thorough The most important recommendation, which was and demands the full commitment of adopting to extend the duration of maternity and parents. It is important to ensure that those wish- additional maternity leave by four weeks each, ing to adopt are given every support throughout was immediately implemented by statutory this period and that support extends after place- instrument in March 2001, with identical ment to allow time for bonding and adjustment. increases applied simultaneously to adoptive The measures introduced in the Adoptive Leave leave and additional adoptive leave, again by Bill will enhance the existing legislative pro- statutory instrument. This brought the statutory visions which support employed adopting adoptive leave entitlement, which attracts pay- parents. The Bill achieves this by allowing more ment of salary or adoptive benefit, to 14 weeks flexibility in managing work and family responsi- and the additional unpaid adoptive leave entitle- bilities during this period and by offering greater ment to eight weeks. The remaining recommend- employment protection to employees who exer- ations of the working group of relevance to adop- cise their right to adoptive leave. tive leave require primary legislation to amend A good approximation of the number of the Adoptive Leave Act and these will be employees availing of adoptive leave may be implemented on the enactment of this Bill. deduced from the number of recipients of adop- The Adoptive Leave Act 1995 was introduced tive benefit payments made by the Department to provide an entitlement to periods of leave from of Social and Family Affairs. In 2003, there were employment for an adopting mother after the 183 recipients of adoptive benefit while in 2002 placement of a child into her care on an equiv- there were 215 recipients. The numbers of chil- alent basis to the entitlement to leave available dren available for domestic adoption in recent in the maternity protection legislation to natural years has declined and given rise to a marked mothers. This equivalence was maintained in growth in the number of foreign adoptions. 2001 when matching increases in the periods of According to the Adoption Board, unofficial fig- leave available to natural and adopting mothers ures for 2003 show that of the 621 adoptions auth- were applied. In keeping with this policy, an orised that year, 358 were foreign adoptions, 92 amendment to the maternity leave provisions in were Irish non-family adoptions and the remain- the Maternity Protection (Amendment) Act 2004 ing 171 were adoptions within families. will also be applied to adoptive leave. Section 3 As a consequence of the growth in foreign of that Act provides for the reduction of the com- adoptions, the Department of Health and Chil- pulsory pre-confinement period of maternity dren introduced a structured approach in prepar- leave from four weeks to two weeks, thereby ing and assessing prospective adopters for inter- increasing the period of such leave available after country adoptions. As part of this structure, the birth of the child to 16 weeks. With a view adopting parents are now required under the to maintaining the parity of entitlement between standardised framework for inter-country adop- adopting and natural mothers, the Government tion to attend a series of preparatory group ses- has agreed to increase the period of adoptive sions organised by their local health board or 57 Adoptive Leave Bill 2004: 12 October 2004. Second Stage 58 adoption agency. Participation in the education throughout the preparation and assessment and preparation stage of the standardised frame- process. work is compulsory for adopting parents. Partici- Section 2 makes technical amendments to the pation in the standardised framework will be interpretation provisions of the 1995 Act. I have made a statutory requirement under legislation to already referred to section 3 which provides for be introduced by the Minister for Health and an increase in the adoptive leave entitlement for Children to ratify the Hague Convention on the employed adopting mothers or sole male adop- Protection of Children and Co-operation in ters by two weeks to 16 weeks. Section 5 applies Respect of Intercountry Adoption. This the increased adoptive leave period referred to in important stage of the process gives prospective section 3 to adoptive leave for fathers in certain adopters an opportunity to learn more about circumstances following the death of the adopting inter-country adoption so they can make an mother. It also provides that the Minister may, by informed choice as to whether this is an appropri- order made with the consent of the Minister for ate step for them to take. It provides them with Social and Family Affairs and the Minister for an opportunity to evaluate and improve their own Finance, extend the period of leave. knowledge about inter-country adoption and a In sections 4 and 6, I avail of the opportunity place to meet other applicants at a similar stage presented by the Bill to incorporate directly into in the process and where mutual support and the principal Act the increased periods of adop- learning can take place. tive leave and additional adoptive leave provided The education and preparation phase of the in SI 30 of 2001, the Adoptive Leave (Extension process takes the form of a course normally com- of Periods of Leave ) Order 2001. This will sim- prising six to eight three-hour sessions, giving 18 plify the legislation. to 24 hours of preparation over a four-month I have already referred to the new entitlement period. Alternatively, some health boards run the provided in section 7 for employees to take time course over three days. I understand the Depart- off from work, without loss of pay, to attend pre- ment of Health and Children is encouraging adoption classes and meetings which they are health boards to explore the possibility of introd- obliged to attend as part of the adoption process. ucing more efficiencies in the education and prep- This new entitlement derives from an agreement aration stage of the inter-country adoption pro- negotiated with the social partners during the cess which may result in classes being held Sustaining Progress partnership talks in 2003. Subsection (4), which was inserted into the Bill outside working hours and a reduction in the time following a Government amendment on Commit- between the completion of classes and the place- tee Stage in the Seanad, clarifies that the pro- ment of a child. visions of this section apply to pre-adoption To complete the assessment phase of the classes and meetings held within the State. Pro- standardised framework, all prospective adopters, vision has also been made for the exclusion of whether they are involved in domestic or inter- members of the Defence Forces and the Garda country adoptions, are required to attend an aver- Sı´ocha´na from the provisions of this section in age of five to seven pre-adoption meetings, each specified circumstances. It is intended that regu- of about 1.5 to two hours’ duration, with social lations under this section will specify the con- workers. These meetings generally take place ditions with regard to time off to attend these during regular office hours at the health board or classes and meetings. adoption agency offices. However, this part of the Section 8 is a new provision which allows an assessment process also includes at least one adopting employee and employer to agree to home visit by a social worker. terminate additional adoptive leave which is Many employers allow their employees paid unpaid leave in the event of the employee becom- time off from work to attend pre-adoption classes ing ill. Once the leave is terminated, the and meetings. However, there is no entitlement employee’s absence from work is treated in the to time off, paid or otherwise, for this purpose. same manner as any other absence from work As a result, some employers only allow time off due to sickness, with the employee benefiting for this purpose at the employee’s expense. To from payment of sick pay or disability benefit alleviate this, the Bill provides a new entitlement depending on the sick leave arrangements avail- for adopting parents to time off from work, with- able under the employment contract. This pro- out loss of pay, for the purpose of the pre-adop- vision applies a recommendation of the maternity tion classes and meetings which they are obliged working group. by the State to attend as part of the adoption pro- Sections 9 and 10 are new provisions which cess. This new provision parallels the provisions allow an adopting employee and the employer to in the maternity protection legislation for paid agree to postpone adoptive leave or additional time off work before the birth for pregnant adoptive leave or both in the event of the hospi- women to attend ante-natal care appointments talisation of the adopted child. The postponed and classes. By providing an entitlement to both leave may be taken subsequently in one continu- adopting parents, it also recognises that the adop- ous period commencing not later than seven days tion process differs from maternity in that it after the child is discharged from hospital. These requires the full participation of each parent provisions also apply a recommendation of the 59 Adoptive Leave Bill 2004: 12 October 2004. Second Stage 60

[Mr. Fahey.] Section 20 amends paragraph 5, Schedule 3 of maternity working group regarding adoptive the Redundancy Payments Act 1967, as amended leave and are closely modelled on section 7 of the by the Redundancy Payments Act 2003, which Maternity Protection (Amendment) Act 2004. specifies periods that do not breach continuity of Section 11 amends section 12 of the principal employment, to incorporate periods of absence Act to incorporate an adopting parent’s statutory from work to attend pre-adoption classes or entitlements in cases where placement is of less meetings. Provision is also made for the amend- than 24 weeks’ duration. Section 12 provides that ment of Paragraph 8A, Schedule 3 of the Redun- an employee’s absence from work on additional dancy Payments Act 1967, as amended by the adoptive leave will count for any employment Redundancy Payments Act 2003, which specifies rights associated with the employment with the absences allowable as reckonable service, to exception of remuneration and superannuation incorporate periods of absence from work to benefits. It also provides that while absent from attend pre-adoption classes or meetings. work attending pre-adoption classes or meetings, Section 21 revokes the Adoptive Leave Act employees will be treated as if they had not been 1995 (Extension of Periods of Leave) Order 2001, absent. This provision applies a recommendation S.I. No. 30 of 2001, as its provisions have been of the maternity working group for additional incorporated into this Bill. adoptive leave and means that time spent on such I take this opportunity to refer briefly to other leave will be counted as service for the purposes important developments taking place with regard of calculating increments, annual leave and to adoption. My colleague, Deputy Brian seniority. Lenihan, the Minister of State with responsibility Employees who are absent from work on adop- for children, initiated a consultation process last tive leave, additional adoptive leave, or to attend year on adoption legislation. His intention is to pre-adoption classes and meetings are afforded undertake a complete review of adoption legis- protection under sections 13 and 14 with respect lation in Ireland with the aim of making it more to the termination or suspension of their employ- compatible with life in the 21st century by ensur- ment during such absence. ing that it takes account of the huge changes in our society as well as changing trends and prac- Section 15 strengthens the current provisions tices in adoption that have taken place since the covering the return to work of an employee who 1952 Adoption Act. The consultation process was was on adoptive leave or additional adoptive broad-ranging and examined a number of issues, leave to give effect to the 2002 gender equal treat- including a draft Bill to provide for ratification of ment in employment directive, Directive the Hague Convention on the Protection of Chil- 2002/73/EC. An employee returning to work from dren and Co-operation in Respect of Intercoun- adoptive leave or additional adoptive leave will try Adoption and to make changes to the role have a statutory entitlement to any improvement and structure of the Adoption Board. The Hague in the terms or conditions of the employment to Convention on Intercountry Adoption provides which he or she would have been entitled if he or safeguards for children involved in inter-country she had not been absent on such leave. adoption by regulating the processes by which Section 16 also ensures compliance with the children are adopted. 2002 gender equal treatment in employment The consultation process also examined the directive by providing that in the event of an provision of a structured and regulated way of employee returning to work on the expiration of providing access to information and contact for adoptive leave or additional adoptive leave but those affected by adoption. It provided many resumption of the same work is not practicable valuable insights into these and other sensitive and suitable alternative work is offered, the terms issues needing to be addressed, either on a legis- or conditions of such employment shall not be lative or an administrative basis. The views gar- less favourable to the employee than those of the nered through the process have been examined contract of employment immediately before the in the context of preparing proposals for changes leave. It also provides that such terms or con- to the adoption legislation. I understand that the ditions shall incorporate any improvement to Minister hopes to submit proposals to Govern- which the employee would have been entitled ment this autumn and I look forward with interest had he or she not been absent from work on to developments in this regard. such leave. The Adoptive Leave Bill before the House is Section 17 is a technical amendment which part of a suite of statutory work-life balance amends the notification requirements for measures to which the Department is committed employees with regard to intent to return to work under the Sustaining Progress partnership agree- from leave to provide for notification of intent to ment. The Maternity Protection (Amendment) return to work from postponed leave. Act 2004 implements in full the recommendations Sections 18 and 19 provide for necessary of the working group on the review and improve- amendments to sections 2 and 6, respectively, of ment of maternity protection legislation. Its pro- the Unfair Dismissals Act 1977 to take account of visions strengthen and improve the employment the new rights to time off to attend pre-adoption rights of pregnant mothers, women who have classes or meetings under the Bill. recently given birth and those who wish to 61 Adoptive Leave Bill 2004: 12 October 2004. Second Stage 62 resume work while breastfeeding. Regulations baby, they need preparation time off beforehand under the Maternity Protection (Amendment) to prepare and organise for the arrival of the Act 2004 which have recently been finalised will child. Will the Minister of State clarify that as I provide for detailed arrangements on the new may be interpreting the provision wrongly? Both entitlements to time off from work, without loss natural and adoptive parents should receive the of pay, for the purpose of attending ante-natal same leave entitlement. classes; breaks from work or a reduction of work- The Bill increases the amount of time off for ing hours, without loss of pay, for the purpose parents. Similar provision is made for men in of breastfeeding; and to postpone the period of exceptional circumstances, for example, where maternity leave in the event of hospitalisation of the man is the sole adopter or where the adopting the child. The Maternity Protection mother dies either shortly before or after the (Amendment) Act 2004 will be commenced next placement of the child. I discussed this point with Monday, 18 October. my colleague, Deputy Enright, and I would like The Parental Leave Act 1998 is also due for it clarified. Is a father entitled to the leave or amendment in line with the agreed recommend- must we assume that it is the mother or female ations of a working group which reviewed that parent who gets the full entitlement? Does a Act. On 8 September last the Government father only get it if he is a sole adoptor or if the approved the general scheme of a Bill to amend mother dies? Surely, in this age of equality a the 1998 Act for priority drafting. I expect to pub- father should be entitled to parental leave. Per- lish the Bill later this year with a view to enact- haps I have interpreted this provision wrongly, ment at the earliest possible date. but should there not be an option for either par- I look forward to Deputies’ contributions to ent to take time off. Adoption is difficult for the debate on the Adoptive Leave Bill. I believe both parents. the Bill represents a balanced and progressive The Bill provides for time off work without loss response to the needs of employed adopting of pay for employees to attend pre-adoption parents. It builds on progress already made on classes and meetings, which prospective parents our employment equality legislation and marks are obliged to attend. Will the Minister of State another important step towards fulfilling the illustrate the protection afforded to people whose Government’s commitments in Sustaining Pro- employers do not adhere to this provision? What gress. I commend the Bill to the House. steps can be taken to seek recourse in a dispute? We have come across cases where employers do Mr. English: I wish the Minister of State well not always provide entitlements or cause diffi- in his new portfolio and hope it goes well for him. culty and put pressure on people not to take their He will certainly have plenty to do in this area leave or time off. What will be done to redress of justice. situations where employers take advantage of I acknowledge the work of the working group their employees during the adoption process? on the review and improvement of maternity pro- Will a complaints board be set up? What pro- tection legislation. Most of the recommendations visions are made for self-employed people who it put forward have been addressed by this Bill. I want to take time off to adopt? commend the Government on bringing the Bill forward, although there have been some delays I welcome the extra leave and time off pro- in doing so. Many parents have waited anxiously vided in this legislation. I also welcome the pro- for it for some time and I am delighted it is now vision in the Bill where, if a child is ill or is hospi- before us. talised, parents can return to work for a time and The adoption process is difficult and parents resume the leave later when it suits them. If the need all the support they can get to get through parent is sick he or she can take sick leave and it, without the added worry of employment con- resume adoptive leave later. Will the Minister of cerns. The Minister is aware that the adoption State clarify what happens in a case where a per- process is a long and tough experience. Appli- son has commenced his or her leave, but the cants to an adoption agency undergo a detailed adoption does not go through? assessment which can last up to two years. As a If adoptive parents begin their 16 weeks leave result of this Adoptive Leave Bill, they can con- the week before the adoption but the adoption centrate on the adoption process knowing that breaks down because something changes at the they will have the right to take time off work to last minute, can they begin the process six months pursue their dream of starting or extending their later, for example, or is there a limit? I hope there family. is no limit. The Bill introduces all the working I have a concern which I hope will be clarified. group recommendations and I have no problem Adoptive parents will be entitled to take 16 with it per se but I seek clarification because there weeks’ leave after an adoption. This is different should be equal access to adoptions for both from the entitlement of natural parents who will females and males. have two weeks’ leave prior to birth, giving them The adoption process must be examined and I a total of 18 weeks’ leave. Is that correct and does accept the Bill is one part of the legislative pro- this imply discrimination against the person gramme in this area. However, people are experi- adopting a child? Although adoptive parents do encing massive problems and delays, especially not need to spend time in hospital to have the regarding inter-country adoptions. I have come 63 Adoptive Leave Bill 2004: 12 October 2004. Second Stage 64

[Mr. English.] On behalf of the Labour Party, I welcome the across couples that have had serious difficulties Bill and I welcome the opportunity to make a organising adoptions in Belarus and elsewhere contribution to the debate. Many of its provisions and that is a pity. They did not always get the were addressed in the Maternity Protection support of the Adoption Board, to which they felt (Amendment) Act 2004 and we had a good entitled. I recall one couple that felt they were debate with the Minister of State, Deputy Brian nuisances even though they were trying to do Lenihan, on that. The most notable and welcome some good for society, for themselves and an provision is the extension of the period of adop- unfortunate child who needed a home. They were tive leave, following the recommendations of the made to feel awkward about it and they were not working group on the review and improvement helped, which is a shame. of maternity protection legislation. I regret it has Various Bills can be introduced to give people taken almost three years to bring the Bill forward additional time off and so on but that may only in contrast with the recent Intoxicating Liquor amount to tokenism because the legislation must Bill 2004, which was railroaded through the be backed up with proper services and infor- House at break-neck speed last week. This legis- mation so that parents are given the help they lation could have been introduced sooner. need. I hope the changes the Minister of State, The perception for many years may have been Deputy Brian Lenihan, proposes to bring forward that the arrival of an adopted child did not will reflect that. He has tried his best in recent require the same advance preparation as did the years in regard to the adoption process but more birth of one’s own child but this is not the case. must be done. The adoptive process is long and stressful for The Bill provides for couples to be given more many parents, particularly where they adopt their time off to attend courses prior to adoption but child from abroad. The assessment process is there are significant waiting lists for both fos- intense, tough and lengthy for reasons we all fully tering and adoption in a number of health board understand and every support should be given to areas. One couple that contacted me could have adoptive parents at this time. to remain on a waiting list for a course for two I welcome the Bill if it provides more support years. It could take two years for them to go and solace to prospective adoptive parents. Due through the process that would deem them suit- to the declining number of children available for able to become adoptive parents. Both of them adoption in Ireland, there has been significant are aged 40. They want to adopt children now growth in the number of foreign adoptions. For because they feel they are at the right age but example, in 1997, there were only 84 foreign they cannot get accepted for a course to prepare adoptions and that number increased themselves for adoption. dramatically to 647 in 2000. I am not aware of The Bill is a start and, while it is positive and current figures and I would appreciate it if the welcome, a great deal more needs to be done. Minister could provide them. I presume they are The Adoption Board must guide people through significant because many people like to adopt for- the process. The legislation will provide more or eign children. less equal rights for both natural and non-natural With regard to foreign adoptions, the adoptive parents. The Maternity Protection (Amendment) parents frequently must spend time in the country Bill 2003 passed through the House a number of from which they intend to adopt the child. This months ago but people are not still clear about will often mean having to take days or even their entitlements under it. Leaflets were pub- weeks off work. A good friend of mine had to lished and sent to homes or they can be picked travel to the country involved on a number of up in social welfare offices but, despite this, the occasions because difficulties arose. As Deputy information regarding entitlements is not reach- English stated, couples experience difficulties ing people. There will always be employers who with foreign adoptions and, while the time off will not encourage employees to avail of their provided in the legislation is welcome, it will not entitlements. They will begrudge them help on be sufficient in cases where there are difficulties. entitlements. There is an onus on us when we I understand we cannot legislate for that that but introduce new laws that improve entitlements to this issue should be examined in exceptional make sure they are successful. We need to inform cases. The Minister of State, Deputy Brian and encourage people to seek advice, attend Lenihan, will update legislation on adoption in classes and so on regarding parenthood. We need general and this issue should be considered then. to get the message out loud and clear. I commend I would like him to address another issue. I the Bill to the House and I thank the Minister of cannot understand why a woman must be State, Deputy Fahey, for bringing it forward. younger than a man to adopt a child. Numerous surveys have been published over the years, Ms B. Moynihan-Cronin: I wish the Minister of which highlight that women live, on average, ten State well in his new portfolio. He will have a years longer than men. Perhaps the man should good start today because all the work on this be younger. Why does a woman have to be legislation had been done prior to his appoint- younger than a man to adopt a child? ment and he will, therefore, experience a honey- I am pleased with the provision to allow adop- moon period. tive parents time off work to attend pre-adoption 65 Adoptive Leave Bill 2004: 12 October 2004. Second Stage 66 classes and meetings, as they are obliged to any- have been specifically targeted for employment in way. This was an anomaly when compared to the our workplaces at various times over recent years, provisions for parents who have children nat- many obstacles remain in their paths and many urally. Significant preparation is involved before issues remain to be resolved. I refer Members the adopted child is brought into the family. It again to recent statistics which bear out just how is a life altering change for adoptive parents and many women have joined the workforce in recent families and the ability to attend the necessary decades. The number of women working grew classes and meetings should not be constrained from 212,000 to 488,000 between 1976 and 1996, by work commitments. and by 2001 women comprised 50% of the work- All prospective adopters, whether they are force. The proportion of working women with involved in domestic or inter-country adoptions, partners and children increased from 44% to 50% are required to attend an average of six pre-adop- in recent years. If we are to encourage women to tion interviews with social workers to discuss remain in the workplace, we must encourage the their applications. These usually take place dur- introduction of legislation such as we are con- ing the normal working day in the health board sidering as well as more progressive provisions. or adoption agency offices. This means, therefore, Changes in maternity and adoptive leave pro- that prospective adoptive parents often have to vision have not kept pace with the dramatic give up a few days work to attend the interviews. increase in the number of women in the work- The health boards usually provide courses and force. Many of the thousands of women who have this often requires taking time off work as the joined the workforce in recent years are adoptive courses run for a few days. Given the obligation mothers and it is shameful that we are only now on parents to attend these interviews, every sup- catching up after years of neglect in the adoptive port and all the necessary time should be given leave area. In general, Ireland compares very to the parents to fulfil these requirements. poorly in a European context in terms of holiday This Bill complements that Maternity Protec- entitlements for workers. We are far below the tion (Amendment) Bill 2003, which was passed European average on public holidays and the earlier this year. While adoptive mothers do not amount of paid leave for employees in various have to go through pregnancy, their entitlements circumstances. While the Bill goes some way to to leave from work should correspond to those correcting this for adoptive parents, we have a for maternity leave. A new person is joining the long way to go to meet European norms of public family and an adoptive parent should be afforded and other holiday entitlement for the Irish the same time to spend with a new child as workforce. parents and a mother who has given birth to a When I spoke here in February on the child. It is, therefore, welcome that the Bill ends Maternity Protection (Amendment) Bill, I the noticeable differentiation between pregnant referred briefly to child care. It is fitting to refer mothers and adoptive mothers in accordance with to this subject again in the context of the Adop- the Government’s work-life balance programmes tive Leave Bill. With many of the deficiencies in under the Sustaining Progress agreement. the area of maternity and adoptive leave I ask the Minister to indicate in his reply addressed, it is time for the Government to turn whether he is satisfied that the number of social its attention to the enormous child care crisis. An workers who conduct interviews with adoptive effective solution to the crisis would obviously parents and work with them before the adoption have major benefits for adoptive parents as well is sufficient to meet demand. I remember dealing as all other new parents. When couples adopt, not too long ago with a woman who had been child care may be one of the first priorities they through the adoption process and expressed con- must address. Figures outlined in a survey cerns about the low number of social workers in recently published on www.recruitireland.com the field. Up to a few years ago, the Southern showed that many Irish workers now spend more Health Board had the highest level of appli- on child care than on their mortgages or rent. cations for adoption of all health boards, with Clearly, the cost of providing child care is a major 23% of all first applications for inter-country economic disincentive to work and effectively adoption. I understand that approximately six excludes many parents, particularly women, from staff deal with applicants in the Southern Health re-entering the workforce. Board. Does the Minister think this is sufficient? Given the cost of child care as outlined in the Over the years many people who applied to adopt survey, it is clear that many parents and potential found they were too old to do so by the time they workers will not be able to provide such care were interviewed by social workers. This is a without financial support from the Government. shame. People who propose to adopt a child The Government has failed abysmally to meet should be supported rather than left for years the child care needs of working parents. Prior to until such time as they are too old. the previous general election, the Progressive This legislation will have positive effects for Democrats promised to fund an additional 40,000 Irish adoptive mothers in particular. As I said child care places but the Government has come when I spoke on the Maternity Protection nowhere near meeting this figure. The Govern- (Amendment) Bill in February, more and more ment has cut cre`che supplements and slashed women are in the Irish workforce. While women community employment schemes, including those 67 Adoptive Leave Bill 2004: 12 October 2004. Second Stage 68

[Ms B. Moynihan-Cronin.] extended period, they appear to be more bal- which provided child care. Parents, including anced and satisfied generally. adoptive parents, require a range of options. The forerunner of this Bill was the report of There should be more workplace cre`ches and the working group on the review and improve- professionally-run child care centres. As a one- ment of maternity protection legislation. It was a to-one private arrangement is most suitable for landmark report as far as adoptive parents were many parents, it should be possible for child min- concerned. The improvements in adoptive leave ders to offer such a service without having to go provisions are being synchronised with the though undue bureaucratic procedures. maternity leave provisions contained in the While Ireland is one of the wealthiest countries Maternity Protection (Amendment) Act 2004, in Europe, we lag far behind most other EU which is only right. The Adoptive Leave Bill members states in the provision of child care should mirror the 2004 Act as adoptive mothers facilities. The Government should concentrate its and their children find themselves in similar cir- efforts on State-provided and funded child care cumstances to their counterparts. The same which is affordable and accessible. I ask the Mini- demands are placed on them and children have ster to make child care a priority during the the same needs in terms of feeding and waking remainder of his term of office and to address the times. A child has a package of needs whether he two main concerns I have outlined today. The or she is the child of an adoptive or a natural first of these is the number of social workers who mother and we should strive to ensure equality in deal with proposed adoptive parents and the second the age limit at which a woman can adopt the legislation. a child. In times past, grandparents were available to I take this opportunity to wish all adoptive educate young mothers in the care of children. parents well. Adoption is a difficult but very That luxury no longer exists as grandparents are worthwhile process. The Labour Party will sup- now likely to be much younger and in the work- port this Bill which gives parents every assistance force. It should be recognised in legislation that and encouragement. I hope the proposals the young mothers must learn the necessary skills on Minister of State Deputy Brian Lenihan, is con- their own. The decision to implement in full the sidering will be accepted to give adoptive parents working group’s recommendations heralded a even more support. new deal for adoptive parents. It is not that long ago since the rights of adoptive parents to any Mr. Connolly: I wish to share time with leave was a mere pipe dream. The injustice of the Deputies Cuffe and Morgan. situation was quickly corrected following com- pletion of the working group’s deliberations. Acting Chairman (Mr. Sherlock): Is that Prior to 1995 an anomaly existed whereby agreed? Agreed. adoptive mothers were denied the same leave entitlements as in maternity cases. The 1995 Act Mr. Connolly: I welcome the Bill broadly. Its was the first real step to correct that anomaly. provisions will significantly extend the duration The correction of the anomaly in the treatment of of adoptive leave by two weeks to a total of six natural and adoptive parents is a matter of simple weeks’ statutory adoptive leave entitlement justice and is to be commended. The adoption attracting payment. Such leave will allow an process involves a considerable amount of adoptive mother and child to bond at a vital time emotional stress, with adoptive parents being in a in the latter’s young life just as a natural mother vulnerable state at a difficult time. Adoptive bonds with her child during his or her early days. parents suffer the same stresses as natural parents Psychologists contend that the baby-mother in terms of worrying whether they will cope and bond is a key one which has important indicators how the new baby will take to them. for future life. As the components for the Parents planning to adopt require counselling development of a happy, healthy, independent and support as many who choose to adopt do so adult are formed at an early stage, it is important that adoptive mothers be given the same oppor- from different standpoints and at different times. tunity to bond as a natural mother. According to There are many issues involved in the process psychologists, better bonding leads to more natu- which is often viewed by parents as a nightmare ral mothering, which is what the process under in terms of the hurdles put in their way, such as discussion is about. Experts and casual travellers interviews to determine suitability and so on. The alike have remarked that in more primitive cul- many issues they have to address cause a great tures one never sees babies crying. A peace corps deal of stress, but they have to deal with the worker who was in Africa in the 1960s recalled situation. that in a marketplace not one of the 50 babies The Bill provides support for the stability of present and tied to his or her mother’s back with many Irish families. It further facilitates the adop- a knotted shawl was crying. We have a great deal tion process by entitling parents to increased paid to learn from such cultures about the mother- leave in connection with the adoption procedure. child bond. Paediatricians and psychologists The Bill also facilitates a much greater retention agree that where children enjoy a close, inter- of women in the workplace and contributes to a active relationship with their parents over an greater gender balance there as well as making 69 Adoptive Leave Bill 2004: 12 October 2004. Second Stage 70 a positive contribution to improvements in their little further towards meeting what is available quality of life. there. Parents proposing to adopt from foreign coun- I was struck by the references in the Bill to tries require time off work to visit the country gender which, it appears, stems from the principal concerned and that raises issues such as security legislation which places strong emphasis on the of employment. We must safeguard the employ- different roles of mother and father. I accept that ment of those who go the extra mile to ensure may be the case in terms of the mother giving they can start a family. Parents may be required birth but when considering adoptive parents we to spend protracted periods abroad meeting fam- should perhaps remove the references to gender ilies and negotiating with foreign Government as it may well be that the father is the primary officials for two to three months before returning carer. We should anticipate that likelihood and to Ireland with a child. The adoptive parents are should gender-proof the legislation to allow also totally immersed in the customs and cultures either parent to take on that responsibility. We of the country of the child’s birth. The provision should also look ahead to a day when we need entitling adoptive parents to attend reparation not consider gender as two men or two women classes and pre-adoption meetings with social seek to adopt a child. The legislation should workers and health board personnel without loss anticipate such a situation. of pay is to be welcomed. While a natural mother I welcome the two-week increase in adoptive requires a considerable amount of time off work leave entitlements. The provision allowing to attend clinics, adoptive parents often need employees to attend pre-adoption meetings greater time off given their requirement to meet makes a great deal of sense, particularly given health board officials while going through the that more than half the adoptions in Ireland are screening process. of children from abroad, with which comes enor- Lack of child care programmes remains a mous requirements to travel, language difficulties serious problem. The Minister for Finance may and financial issues. The picture on the front page be in a position when delivering the forthcoming of a newspaper earlier this week of the Taoiseach budget to loosen the purse strings and introduce with five mothers with newly adopted Vietna- a child care payment or income tax relief for child mese children illustrates how important is the care. Adoptive parents may be expected to pay need to cater for those adopting from abroad. I for expensive cre`che or child care facilities for the can only imagine the Taoiseach was feeling a little newly adopted child and, in many cases, this pro- broody following the taking of that picture given vides a disincentive for one partner to remain in the charming faces of children and parents beam- the workplace. Child care tax allowances such as ing into the camera. those provided in the United States or a special child care payment would enable parents to Mr. Morgan: Only slightly. remain in the workplace. Mr. Cuffe: It was a heartening sight to see. The Bill represents a significant advance in Some 336 adoptions in 2002 were of children providing for labour rights for prospective adop- from abroad, a very high figure. We must ensure tive parents but we continue to play catch-up in we cater for the often onerous issues that arise comparison with some of our EU and non-EU when one is adopting from abroad. As a couple counterparts. The legislation goes a considerable must adjust to a baby coming into their lives distance towards reconciling the imbalance which through natural birth, so too must adoptive existed not merely between adoptive and natural parents. Very often it is a more difficult time for parents but between adoptive mothers and adoptive parents. Adopted children often have fathers in terms of less equal or discriminatory stronger emotional needs, something which treatment in the manner of the adoption. should be reflected in the legislation. It can take adopted children a long time to adapt to their Mr. Cuffe: The Green Party welcomes the Bill parents. Parents need time to get to know the which is a step in the right direction in terms of child and to allow the child to adjust to its new modernising and improving the rights of adoptive life. The Green Party welcomes the main pro- parents. I note it follows the recommendations visions of the Bill. made by the working group and in that regard I would like to digress for a moment to speak improves maternity protection legislation. about the onus on Irish society to become more I have not had a chance to compare and con- child friendly. We need to look to all Depart- trast what is offered by the legislation and what is ments and to work out whether we are creating available abroad. I have briefly examined similar an environment which is conducive to family life entitlements in the UK. It appears we are not and the life of children. It appears that in plan- going as far as the UK in certain instances. For ning of new residential estates we are planning instance, in the UK adoptive parents are entitled more for the motor car than the child. There are to two periods of 26 weeks to be taken as the good models abroad, in Germany and the parents wish. While I did not examine the issue Netherlands, where streets, towns and communi- in great detail I believe we should try to at least ties revolve around the needs of children. The be equal to the UK in that regard and should per- streets are safe for them to play on. Play areas haps look further afield at Scandinavia and go a are provided and that stops children going near 71 Adoptive Leave Bill 2004: 12 October 2004. Second Stage 72

[Mr. Cuffe.] Protection (Amendment) Act that was passed the road. How other countries look at the needs earlier this year, applying the recommendations of children in society should give us food for of the report of the working group on the review thought. While I have not been to Scandinavia and improvement of maternity protection legis- for some years, I remember there were pocket lation. That is some title. There will be no time parks in almost every neighbourhood within delay in implementing this Bill despite the time which there appeared to be child care centres. lapse between the adoption of the earlier These parks were located within walking distance Maternity Protection (Amendment) Act and this of where the people lived. That is not happening Bill. The Minister clarified that this afternoon and in new or existing communities in Ireland. I was delighted to hear that is the case. Within the Du´ n Laoghaire-Rathdown council This legislation is similar in nature so I feel area there are only six playgrounds operated by obliged to repeat a number of points I made dur- the local authority, while in some counties there ing the previous debate, particularly on the bar- is none. That is an indictment of our riers to women who would like to combine 6 o’clock failure to cater for the needs of chil- motherhood with work. It goes without saying dren in the wider arena and should that adoptive mothers should receive the same give us pause for thought. While the Adoptive level of pay entitlements as natural mothers. Leave Bill 2004 goes a long distance towards Adoptive leave, like parental leave and maternity meeting the needs of adopted children and their protection, is at the forefront of the battle to parents, we should look at the wider issue of mak- bring about a better work-life balance for ing society cater for the needs of children. Those workers. I take this opportunity to question why needs are not catered for if parents are looking the Bill to amend the Parental Leave Act is not at their watch as they drive their children to the due for publication until next year. That is play group or cre`che before hurrying back into unfortunate. the traffic and coming back after dark to pick In terms of length of leave and statutory them up. Something is wrong there. We must maternity benefit, we fall behind in comparison change Irish society and put the needs of children to other EU states. Sinn Fe´in believes we can first when planning policy. learn much about maternity, adoptive and par- Slightly more leave is allowed abroad. English ental leave from the Nordic countries, where legislation gives more time to adoptive parents leave entitlements allow for babies to be looked and we should examine that model. We might after by their parents or a parent for the first full also play down the gender references in the legis- year of life. I reiterate the call I made during the lation. There is every possibility that the male debate on the Maternity Protection would wish to be the primary carer and that (Amendment) Bill for entitlements in this State should be encouraged in the legislation. to be increased to 26 paid weeks and 26 unpaid It is important that we get the early years right. weeks leave to enable the new mother, adoptive This Bill is a step in the right direction and I hope or natural, to care for her baby during that crucial we see more Government policies that put the first year. needs of children first. Sinn Fe´in does not believe the maternity leave Mr. Morgan: My view that this Bill came before provided in this legislation is adequate, welcome the House as a crumb from the IBEC table to the though it is. We call for the total period of leave unions was strengthened by the casual approach to be increased to 26 weeks to allow for a greater of the Ministers involved. Earlier today the Mini- period of leave after adoption. This is absolutely ster for Justice, Equality and Law Reform was necessary given the difficulties with child minding ten minutes late for a committee meeting. I fully faced by working mothers. If we do not facilitate understand why he was late, given affairs in Ros- such an increase in adoptive and maternity leave common and the issues of an urgent nature he we will end up forcing working mothers to leave has to deal with. At least when he came before employment altogether. Ireland ranks bottom of the committee he gave a good account of himself, the list alongside Greece and Luxembourg in even if he admitted that the terms of the Bill terms of statutory maternity paid leave and could not be changed much because it was a done maternity leave in an international global analysis deal between parties outside this House, the of employment conditions and benefits in 60 social partners. He could not, therefore, make countries published in 2003. changes even if we had pressed him hard. That It is important to highlight the downright emphasises my view that this House acts as a rub- scandalous position of this State on paternity ber stamp on deals that have been done else- leave. It is incredible in this day and age that where. There are limited opportunities to make there is no legal entitlement to paternity leave, changes. I do not know if the Minister of State paid or unpaid. It is no surprise then that Ireland had the same difficulties in Roscommon as the ranks bottom of the list in paternity leave. Most Minister and I hope that the earlier suspension countries in the EU offer paid paternity leave, was not as a result of difficulties elsewhere. from two days in Spain to two weeks in France, I welcome the introduction of this Bill, which while new fathers are entitled to a full four weeks brings existing adoptive leave provisions into line in Norway. Fathers north of the Border, on the with the provisions contained in the Maternity same island, just up the road, are entitled to two 73 Adoptive Leave Bill 2004: 12 October 2004. Second Stage 74 weeks paternity leave, yet there is no entitlement It is disappointing that this Bill delivers little in this State. I ask the Minister of State in sum- for women seeking to combine motherhood with ming up to outline when legislation on paternity work. Its provisions are minimal and do not seek leave will be introduced. It is a linked issue and to make any real difference to the lives of work- is particularly important. It should be introduced ing women. If this State and this Government is as a matter of urgency if the Government is to to develop real opportunities for the many thou- make progress towards the goal of achieving sands of women who earnestly wish to return to work-life balance. Is it the case that paternity the workplace, those opportunities need to be leave is not being introduced because IBEC is facilitated through many of the measures I have opposed to it? Does it hold a veto in this area? commended to the House. That appears to be the case. The quality of life for working parents with Dr. Devins: I welcome this legislation which amends the Adoptive Leave Act 1995. This legis- small children is severely affected by the lack of lation came about following the recommend- affordable child care. Parents are faced with the ations of the working group established for the stark choice of losing one income if one parent purpose of amending that Bill. The Adoptive stays at home with the child or struggling to find Leave Act 1995 provided additional weeks’ leave a place for the child in an expensive cre`che. The to adoptive parents at the time. Child care, adop- OECD Thematic Review of Early Childhood tion and children in general have been priorities Education and Care Policy in Ireland — these for this Government in recent years. The needs bodies insist on long titles — published in July, of adoptive parents are being recognised in this found that access to accredited development pro- legislation. grammes for children from birth to three years The main purpose of maternity leave was not old in this State is very weak despite the fact that solely to provide the mother with time to recover the development of quality child care is self- from childbirth; it was also to allow the mother financing through increased tax returns from and child time together to bond, to get to know women’s work and less dependency on social one another and to allow them to enjoy this security. It recommended the extension of funded period without concern about paid work outside parental leave to one year following the birth of the home. An adoptive mother also needs time a child and suggested that in many countries indi- to bond and get to know and to love her new vidualised care of infants and the planned return child. It therefore makes sense that adoptive of women to the labour force can be achieved parents have the same rights to leave so that they most effectively through this policy. can become accustomed to being parents. It is Much needs to be done to remove the barriers also essential for a child to get used to his or her to low and middle income families accessing child new home and establish the security that is so care, which remains scarce and overpriced. The important for the development of every child. OECD further criticised this State for the stan- Many parents and parents-to-be will welcome dard of access to early education for children this Bill. It is important that parents are sup- aged three to six years and called for publicly- ported as they go through the adoption process funded education for all three year olds. Until and this must be reflected in legislation. We recommendations such as those made by the should not differentiate between natural and OECD are implemented, it will remain a constant adoptive parents. Parents who were not in a posi- struggle for mothers and fathers to combine work tion to have their own children have gained a and parenthood. In particular, the principle that great sense of fulfilment from being able to adopt the best interests of infants under 12 months old children. It almost seems outrageous that anyone are served where they remain in the direct care would suggest that adoptive parents should not of their parents did not guide the Government in be entitled to the exact same rights as natural the drafting of this legislation or the Maternity parents. They are, after all, embarking on the same undertaking to nurture and love a new Protection (Amendment) Act. This was an addition to their family, blood related or not. opportunity to facilitate mothers and fathers to Many parents who eventually adopt probably care for their children in the first year of a go through an emotionally difficult time. Some child’s life. partners who are unable to bear children may As I stated in my contribution on the Maternity decide to adopt. Others may decide to adopt from Protection (Amendment) Act, this Bill offers an early stage. By and large, people who adopt very little. Without significant advances in the do so after a number of years of marriage and provision of affordable child care, more women undergo an emotional upheaval in making a will leave the workforce either because no child decision of this nature. care places are available or because what is avail- Adoption is deserving of support and recognit- able is simply too expensive. Good quality child ion and the Bill provides these. I welcome the care must be made available to all, especially to fact that prospective adoptive parents will be those on low incomes. A universal entitlement to entitled to time to attend pre-adoption meetings free pre-school must be introduced. The progress and classes. It is essential that parents are pre- on child care to date from this Government has pared for the process and for their future role as been miserable and is blatantly not a priority. adoptive parents. A child’s interests are first and 75 Adoptive Leave Bill 2004: 12 October 2004. Second Stage 76

[Dr. Devins.] especially the case in a small percentage of for- foremost in the adoption process and it is essen- eign adoptions. It may be that there is nothing we tial that future parents are well prepared to care can do in this House, but I ask the Minister to for them. keep this area under review. It is to be welcomed that single mothers are The Adoptive Leave Bill will enhance the keeping their babies. Inter-country adoptions existing legislative provisions for employed now make up the bulk of adoptions which take adopting parents and will offer them greater place in this country. We must move with the employment protection and more flexibility in times and do everything in our power to assist managing their work and family responsibilities adoptive parents in their quest to adopt a child during this important period. I commend the Bill overseas. We have all seen the sad images of to the House. unwanted children abroad. It is a travesty that while these children are alone with nobody to Dr. Twomey: This is minor legislation. It seems hold them or show then any sign of affection, strange that the Government always wants to wonderful loving people in Ireland are desperate hang on to its little piece of inequality and dis- to adopt a child. It is essential that we do every- crimination, no matter how minor the legislation. thing possible to assist these people in adopting a I do not understand why adoptive parents cannot child who would otherwise have a loveless child- be given 18 weeks’ paid maternity leave in the hood and possibly a sad young life. Adoption same way as a natural mother. One of the argu- Board statistics for 2002 show that of the 602 ments made is that a pregnant woman needs to adoptions authorised that year, 336 were foreign rest for two weeks prior to giving birth and two adoptions, 99 were Irish non-family adoptions extra weeks are granted to allow for incorrect and the remaining 167 were adoptions within dates. families. Classes are being provided to familiarise As Dr. Devins will understand, the process of people with the culture of the country where the adopting a child, whether within this country or adopted child was born, and this legislation will from abroad, is tortuous. There are numerous assist future parents in attending these classes. meetings with social workers and a meeting in I also welcome the vital employment protec- one’s own house. One must obtain a passport and tions provided in the Bill. Adoptive leave will be deal with many foreign embassies to arrange to considered as a period of service and that is an travel to many of these countries, yet we persist important provision. An essential element of the with this discrimination. If there are approxi- Bill is that it will prevent termination of mately 1,600 adoptions per annum and the employment. maximum payment from the Department of \ The birth of a child requires considerable Social and Family Affairs is 172 per week, that \ advance preparation and adjustment and this is amounts to 500,000 per year. There is no reason also the case when a child is being adopted. The for this under the Unfair Dismissals Act or under adoption process is a long and often worrisome the Adoptive Leave Act, yet it is included in the experience for parents but happily, in most cases, legislation. The only redeeming feature of the the process is well worth the wait. Many parents legislation is contained in section 3 which pro- finally fulfil their dream of having a child to love vides that the Minister may by order made with and cherish. The adoption process is meticulous the consent of the Minister for Social and Family and demands the full commitment of adoptive Affairs and the Minister for Finance extend the parents. Those wishing to adopt must be given period of leave. Practically the same words are every support throughout this period. repeated in section 5 which provides for the adop- More than 50% of adoptions in 2002 were for- tive father to receive the extended maternity eign adoptions. I am acquainted with many leave in the event of anything happening to the parents, as are many Members of the House, who adoptive mother. The Minister of State should are in the process of undertaking a foreign adop- give a commitment now rather than wait to have tion. It is not an easy process. I understand why it changed at a later date. He should give a com- the adoption process must be rigorous but there mitment in the House, or outside as usually hap- may be excessive red tape on some occasions. pens these days, that he will extend the leave to The interests of the adoptive child must be fore- 18 weeks for both natural and adoptive parents. most but recognition should be given to the needs Those adopting a child should receive more time and requirements of the adoptive parents, off before the child is placed in the household especially in the case of foreign adoptions. Sym- because there are so many more difficulties. pathetic interviews carried out by all concerned, The Minister of State at the Department of such as social workers, are a great help to the Health and Children, Deputy Brian Lenihan, is adoptive parents. I know of parents who speak undertaking a wide-ranging review of the adop- highly of the support they received from social tion laws and issues relating to adoption here. I workers at that vulnerable time. hope he shows a more enlightened approach than However, I have also been approached by that shown in this legislation. potential adoptive parents who did not find their Adoption has changed dramatically in recent contacts with the adoption services to be as good years. Few adoptions come from within the coun- or caring as they should have been. This is try as the vast majority of single mothers keep 77 Adoptive Leave Bill 2004: 12 October 2004. Second Stage 78 their children. Therefore, many of those who which he or she comes may be disastrous — we require an adoption must go abroad to get that all saw some of the children who came from child. They adopt children from countries which, orphanages in Romania — the conditions may by their nature, are deprived. We are aware of not much better in parts of China, and possibly issues regarding China, Vietnam, Romania and Vietnam, although I do not wish to castigate other eastern bloc countries. In the past, the issue these countries without having an enlightened of adoption was unregulated except that it could child care policy. While the circumstances from be treated almost like a commodities market. which the child comes and goes to here are vastly Wealthy western people with no children trav- different, we must look after those children. elled to these countries to meet dubious state Not all these are wealthy middle class parents agencies for the purpose of adopting a child. This with plenty of money to go abroad and adopt a involved an enormous cost to the agency abroad child. Many who fail to have a family are not as well as the costs incurred by the parents in wealthy and do not have the money to throw numerous flights to and from these countries and around to adopt a child. We should examine ways having to remain there for a week or two, yet this to make life easier for these parents. is something we do not take into account. That On the issue of maternity cover, 18 weeks’ paid still happens. They must spend a significant maternity leave is provided for plus an additional period in the adoptive country. All this should be eight weeks without pay. This means a mother is taken into account in the Bill. Given that we are entitled to a maximum of 26 weeks to bond with not giving these parents extra time to fly abroad, the child in any one year. Four weeks must be the least we could do is give adoptive parents the taken before the child is expected to be born and same rights as natural parents who are fortunate the remaining 22 weeks may be taken afterwards. enough to have a child of their own to rear. There are major difficulties with a mother bond- Changes in society mean that both parents ing with an adopted child. While the mother loves work and deliberately decide to postpone having the child, there is an issue of bonding because the a family to an age where many mothers’ fertility child is usually eight or nine months old. We decreases quite dramatically. Fertility can drop by should try to be more enlightened. There is no up to 50% to 60% from the age of 25 to 35. There need to extend the paid maternity leave but there will be many more couples who have postponed is a strong case to be made for it being more having a family and who will realise they have open-ended in respect of non-paid maternity fertility problems, that IVF will not work and that leave. That incurs no cost to the State and so far the only way they can have a family is by adop- as employers are concerned, they can recruit con- tion. Let us get rid of this discrimination from the tract workers and need not concern themselves beginning and let us hope when the Minister of about employment law unless they must retain State, Deputy Brian Lenihan, reviews the legis- that person for longer than 12 months. If a hus- lation, he will make it easier for parents to go band and wife are fortunate enough to adopt a abroad to adopt a child. They experience enough child from a foreign country such as Estonia, Lat- difficulties abroad without our stacking obstacles via, some of the children may have been affected against them. by the Chernobyl fallout, may have their own Most of the meetings with social workers who problems and may require a number of admis- view the home are beneficial and are for the pur- sions to hospital or visits to a special unit until pose of protecting the child. It is not that the the problem is sorted. It would be good for us to State is interfering. The State is good in that be more understanding in this regard and perhaps respect in that it watches its duty to the child. make unpaid paternity leave more available to We need to be more careful in putting through the parents involved. this legislation. I am sure the Department of Justice, Equality Adoption is a difficult and emotional subject. and Law Reform will liaise with the Departments It was certainly an emotional subject from my of Health and Children and Enterprise, Trade point of view as a general practitioner when a and Employment on this issue. They should care- husband and wife who were trying to adopt came fully examine how we treat parents, especially to my surgery having failed to have a family. It is those who have adopted children from overseas, quite distressing for a husband and wife when because there may be complications when the they realise, having gone through all the tests and bond between the child and the adoptive mother investigations, that they will not have a family of is not as strong as that with the natural mother. their own. Even at that stage, thousands of euro Such parents need time and space to develop a can be spent on expensive IVF treatments. When relationship with their children. However, if they it comes to deciding to adopt a child abroad, they are stuck in a rut worrying about how many are in the dark concerning the problems they will weeks they have left, we will cause problems for incur before they can get that child home. I am ourselves. in favour of much of what is set out in the Bill Why should mothers alone be so tied to the because it is for the protection of the child. While full 26 weeks of maternity leave? Some parents, the child’s circumstances and the country from including our own, returned to work much sooner 79 Adoptive Leave Bill 2004: 12 October 2004. Second Stage 80

[Dr. Twomey.] Affairs and Finance, both of whom should be than after 18 weeks because that was the nature easy to get through to on this issue, he will extend of their lifestyles at the time. Even now there are the period to 18 weeks for both parents. We can many mothers who would like to return to the then plan on what we should do with the rest of workforce earlier but do not do so because they the adoption laws. must look after very young babies. It may also be the case that a mother is self-employed and her Mr. Neville: I welcome the opportunity to husband may be an employee. Although some speak on this Bill. I will not discuss the difficulties may think that a mother giving her husband the others have experienced. However, I wish to raise opportunity to take her maternity leave is a an issue which has been brought to my attention means of exploiting the system, it is not necess- by adopted people, namely, the availability of arily the case. counselling and assistance when they are intro- Self-employed people have their own difficult- duced to their natural parents. I spoke to a man ies in trying to keep their businesses going who had successfully traced his natural mother because they do not have the protection of paid and was introduced to her with the State’s assist- employment. Therefore, if a mother were self- ance. However, he was left at that stage and no employed and felt the need to go back to work assistance or advice was available to either party to protect her livelihood and business which sup- to guide them through the difficulties and trauma ports her family, why should her husband not be they experienced. He said it was a difficult time able to avail of her remaining maternity leave, for natural parents and adopted children alike. whether that is three, four or six weeks? It is not The man sought help, assistance and advice dur- paternity leave but rather a continuation of the ing the period. Although his case had a successful maternity or adoptive leave of the other parent outcome, he was emotional about the needs of which can be used to continue looking after the adopted people when they seek to identify and child. develop a relationship with their natural parents. We have come a long way in that we now He was strongly in favour of some assistance believe fathers as well as mothers can look after or counselling being made available by people their children. To extend the provision of experienced in the area who understand the pro- maternity leave beyond the mother alone would cess a person goes through when they are first be a progression of that belief. There is no reason introduced to their natural parents, when they it could not be made available to the father, begin to explore different aspects of their lives although not straight away since mothers would and when the relationship develops. This is usually like to take a minimum amount of time because it is natural that difficulties will arise with their children. However, now that extended between two people with different experiences maternity leave is available, the option should be who are linked together biologically. made available to fathers. Some people have My response was that there are many areas in been critical of the amount of maternity leave need of counselling services, of which this is one. granted in Ireland, but I hope we never end up The area is neglected by the State and the rel- like the United States where mothers enjoy just evant Departments. To be fair, it may not be the six weeks’ paid leave. It is not as easy to get Department of Justice, Equality and Law Reform unpaid leave there as it is to get eight weeks’ which deals with this but rather the Department unpaid leave in Ireland. of Health and Children. However, this is a real This Bill is a tiny aspect of the review of the live human issue which arises for many children, adoptive laws and child care Acts that the Mini- especially those who were adopted ten, 15, 20, 30 ster of State with responsibility for children, or 40 years ago and go on to meet their natural Deputy Brian Lenihan, is working on but it offers families. The numbers will probably decline the opportunity to examine the other issues I because there is more openness between natural have outlined. We need to get rid of the discrimi- families and adoptive parents and their children. nation. The 18 weeks’ leave should be available I know of families which have adopted abroad to both parents. If anything, we should examine and have periodically taken the adopted children how adoptive parents can recover some of their back to their natural parents to maintain some costs if they have spent long periods abroad. Both bond with them. parents should also have the opportunity to take Adopted people beginning to research their up maternity leave cover. It need not necessarily natural parents should be trained to deal with the be the mother. difficulties they will experience just by virtue of I was surprised to learn of the 16 weeks versus the fact of their making a decision to go to the 18 weeks figures. A constituent wrote to me State authorities to seek such information. There about it and I thought it crazy at the time, is also a difficulty in tracing people. I know a per- especially so when one considers the amount of son who went to Dublin to trace his mother only money involved. If the option is available to the to be informed that the mother had not consented Minister of State, he can make a statement that, and the name was not available. When the person along with the Ministers for Social and Family went to the agency in Mallow he got the name 81 Adoptive Leave Bill 2004: 12 October 2004. Second Stage 82 and the mother was anxious to meet him. The expressed. It is an area where one experiences point is that he went to an agency in Dublin much emotion by people. The support given in which gave him information that the mother was times gone by was perhaps not as good as it not available, yet when he went to another should have been, but it has improved consider- agency, she was. There needs to be an examin- ably and I acknowledge that there is a need for ation of the co-ordination of information in that further improvement. When I became Minister of area. I would like to raise that issue at a later State with responsibility for children, it was not stage with the relevant section of the possible to adopt from China or Romania or sev- Department. eral other countries. It is good to see that there I recognise that it may not be an issue for the has been significant improvement since then. Department of Justice, Equality and Law Reform In answer to Deputy Moynihan-Cronin’s ques- but I would like to use the opportunity to raise tion on the number of adoptions, the total this important issue. Some adoptees feel that the number has increased. In 2002, there were 602 person dealing with them should be adopted and adoptions, of which 336 were foreign adoptions. that only an adopted person can understand the In 2003 there were 621, of which 385 were foreign feelings and the emotions of an adoptee adoptions. It is good to see an improvement. One researching his or her natural mother and then of the saddest things is to see parents who are meeting them and developing a relationship with desperate to adopt and who, for a variety of them. They have spoken about having a support reasons, cannot adopt or are delayed by the group of people who are adopted and have gone investigations that must take place. Any improve- through that who would help others through it. ment is good. Perhaps there is a way of making some infor- I appreciate the point made by Deputy English mation available. I do not have an answer to this. and Deputy Moynihan-Cronin on the delay in Perhaps we could have a counselling service that bringing in the Bill. In fairness to the Govern- has researched, experienced and understands the ment and to my Department, this owes more to various stages an adopted person takes from the the delays in drafting legislation because of the time that he or she decides to research, meet and workload of the Parliamentary Counsel. There is develop a relationship with his or her natural also a difficulty of getting time to introduce legis- mother. Difficulties are experienced in that, both lation to the Oireachtas. While it has taken some for the adopted person and the biological mother. time, it is good to see that the Bill is before the I have not extended that to the difficulties for House. adoptive parents. The Government has a good record in imple- From my understanding, when a relationship menting its legislative commitments in the develops with the natural mother and comes to equality area. In 2004, we have had two important an understanding and a good relationship, the pieces of legislation, namely, the Equality Act adopted child identifies with the parents who 2004, which transposed three EU directives, and adopted them because of the natural bonding that the Maternity Protection (Amendment) Act took place over the years. The relationship and 2004. The Equality Act had an immediate effect bonding that existed will always put the adoptive and three sets of regulations have been finalised parents first in terms of how an adopted person to allow for the commencement of the Maternity relates to both adoptive and natural parents. Protection (Amendment) Act next Monday, 18 People are in need of help in this area. The October. Department of Health and Children should Deputy English suggested increasing the dur- examine that and reply to us so that we can ation of adoptive leave to equal maternity leave. inform adopted people of the assistance the State Section 3 of the Adoptive Leave Bill 2004 pro- can give to such people. vides for a further increase of two weeks in adop- tive leave to 16 weeks, as approved by the Minister of State at the Department of Justice, Government last October. The increase in adop- Equality and Law Reform (Mr. Fahey): I thank tive leave linked the proposed reduction of the the Deputies for their contributions to the Bill compulsory pre-confinement period of maternity and for the positive response to it. I will attempt leave. It effectively means that once the legis- to deal with the questions raised. lation is enacted, both natural and adopting Having been Minister of State with responsi- mothers will be able to avail of 16 weeks’ leave bility for children for a period of almost three with payment of benefit from the Department of years, I agree with many of the sentiments Social and Family Affairs from the time a child is expressed by the Deputies on the issues which are born or placed into their care. Deputy Twomey wider than what is covered by this legislation referred to the issue of 16 versus 18 weeks, but today. The current Minister of State, Deputy there are a further eight weeks of unpaid leave Brian Lenihan, is bringing proposals before and a further 14 weeks’ unpaid parental leave. Government in the autumn to deal with many of Further leave can be arranged with the employer. the issues raised, including the last issue raised I think it is important to remember that the basis by Deputy Neville. I concur with the sentiments of this legislation was agreed under the social 83 Adoptive Leave Bill 2004: 12 October 2004. Second Stage 84

[Mr. Fahey.] Deputies want to bring to our attention, we will partnership process. It is important that we take certainly consider them. the partnership approach to these issues, that the On the question of dispute resolution, sections social partners are involved in these negotiations 30 to 40 of the Adoptive Leave Act 1995 establish and that the proposals they devise are considered redress procedures in the event of a dispute relat- by the House and the Government. ing to entitlements under the Act. A dispute We must try to agree to the recommendation referred to a rights commissioner must be submit- of the maternity review group. These recom- ted in writing and made within six months of the mendations were arrived at following nego- issues arising. In 2002, there were 20 such tiations and compromise with the social partners. maternity cases referred to a rights commissioner They should also be agreed in respect of adoptive and already this year seven maternity cases have leave. For us to depart in any significant way by been referred. Either party to a dispute may giving additional rights to employees at appeal the rights commissioner’s decision to the employers’ expense would be considered to be a Employment Appeals Tribunal once the appeal breach of the partnership process. I am cognisant is lodged with the tribunal within four weeks of of that. Consequently, I am slow to accept some the decision being issued. Thereafter, either party of the suggestions that have been made here may appeal from the tribunal to the High Court today which would break the principle of partner- on a point of law. ship negotiation. The shortage of social workers and the issue of Deputy English and others raised the question age limits was raised by Deputy Moynihan- of sharing the leave entitlement between adop- Cronin. These issues were strongly articulated tive parents. I understand that in the context of during the consultation process on the adoption the consultation with the former members of the legislation earlier this year which was conducted maternity working group on the amendment of by the Minister of State, Deputy Brian Lenihan. the Adoptive Leave Act 1995, consideration was The outcome of the consultation process is under given to a proposal to allow adopting mothers to active consideration in the Department of Health share their adoptive leave entitlement with their and Children. I expect the Minister of State, partners. However, the proposal was rejected as Deputy Brian Lenihan, will bring new legislative it would have constituted a significant departure proposals to Government in the coming months. from the Adoptive Leave Act 1995, the stated I will bring the concerns expressed by a number purpose of which is to redress the perceived ano- of Deputies in this regard to the attention of the maly that women who adopt children were Minister of State. Points raised by a number of speakers fall within the remit of that legislation excluded from existing maternity arrangements rather than the adoption legislation being put and to replicate all the relevant benefits of through the House. maternity for women whose motherhood arises On the issues raised by Deputy Cuffe and the from adoption. comparison he made between the situation here Deputy English also raised the question of pro- and that in the United Kingdom, in the Irish case visions in the event of an adoption falling there are a number of forces pushing the limits through. If that were to happen, section 12 of the on statutory employment rights. There is EU 1995 Act deals with that. The same applies in this legislation which imposes certain duties on the regard as applies under the 1995 Act. State to enhance employment rights. We have a In terms of the rights of a person adopting or good record on implementing EU requirements the rights of person who has adopted a number and often the scope of our legislation goes of times, the rights in the legislation are available beyond the minimum EU requirements. for each adoption. They are not forfeited by cir- We have a model of social partnership that I cumstances such as those raised by Deputy believe the British would love to have. It has English. served us well in terms of creating all the con- The lack of information on adoption and ditions for employment growth in the economy. maternity entitlements was raised by Deputy It has facilitated major increases in the number English and referred to by Deputy Moynihan- of people at work. The review of all the maternity Cronin. The Equality Authority is tasked with legislation was carried out in a partnership pro- providing members of the public with infor- cess involving all the social partners. All the mation on their entitlements. This is supported improvements agreed in this regard during the by information provided by the Department of review were implemented in the Maternity Social and Family Affairs and organisations such (Amendment) Act 2004. This legislation brings as IBEC and ICTU have provided considerable those improvements into effect for employed information and material on work-life balance adopting parents. measures. This information is also provided to It is important for me, as Minister of State, and employers and employees. I am satisfied that the Department to be cognisant of the nego- there exists a considerable volume of information tiations that took place between the social part- on entitlements available. If there are any areas ners and the agreements reached. I do not agree 85 Health Services: 12 October 2004. Motion 86 with the sentiment expressed by one Deputy that That the Bill be referred to the Select Com- we should ignore the social partners and do what mittee on Justice, Equality, Defence and we want in this House. We have been well served Women’s Rights, in accordance with Standing by social partnership. This legislation reflects the Order 120(1) and paragraph 1(a)(i) of the agreement made in that social partnership Orders of Reference of that committee. process. Question put and agreed to. Mr. F. McGrath: Yet there was no gain for the small farmers. Private Members’ Business. Mr. Fahey: Deputy Twomey raised the issue of a mother and father sharing their maternity leave ———— entitlement. The maternity leave Act implements the EU pregnant workers directive 1992. This Health Services: Motion. directive does not permit the mother to transfer Mr. Gregory: I move: a portion of her maternity leave to the father of their child. The father has an individual statutory That Da´il E´ ireann, noting the first statement right to parental leave of 14 weeks which may be of the Ta´naiste and Minister for Health and taken at any time from the time the child is born Children in Da´il E´ ireann on Wednesday, 29 up to the age of five. It is not a simple matter September 2004 that ‘the one thing I want for to make the change Deputy Twomey suggested the country I love is to have a health service because many such issues are governed by EU that is accessible to every citizen, regardless of directives, as in the case of this specific issue. their wealth’, notes with grave concern the fail- An important point was made in respect of the ure of the Government to deliver a health ser- process for adopted children making contact with vice accessible to all citizens regardless of their their natural parents. That issue will be dealt with financial circumstances; in a comprehensive way by my colleague, the and in particular notes: Minister of State, Deputy Brian Lenihan, in the legislation he is about to bring before the House. — the two-tier health service with access Child care provision was referred to by a based on ability to pay rather than on number of Deputies. When I was appointed Mini- need; ster of State in the Department of Health and — the failure of the Government to deliver Children, the provision for child care on the promise of providing an extra 7 o’clock was extremely poor. It has improved 200,000 medical cards and the fiasco significantly. A total of \449 million \ where well over 100,000 medical cards is being spent on child care provision. Some 220 have been taken out of the system million is being allocated to private and com- since 1997; munity based child care providers. It is estimated that this will create 30,500 new child care places — the failure of the Government to deliver and will support more than 27,900 existing places on the promises of 1,000 extra hospital on the completion of those projects. Some \43 beds, which will become more acute as million has been allocated towards quality we enter the winter season once again; improvement measures which include supports — the failure of the Government to for the national voluntary child care organisations and the establishment of 33 city and county child address the underlying problems which care committees. While I accept the fair point contribute to the gross overcrowding of made by Deputy Moynihan-Cronin that there is accident and emergency departments a continuous need for additional resources to be leading to the unacceptable loading of allocated to child care provision, with which no ill people on trolleys; one could argue, it must be acknowledged that — the failure to develop a coherent the increase in expenditure as a result of the strategy for outpatient waiting lists with equal opportunities child care programme 2000- special regard to those suffering on 2006 has been significant and it is making a sig- rheumatology, neurology, urology, nificant contribution. orthopaedic and dermatology waiting lists; Question put and agreed to. — the failure of the Government to deliver on the primary care strategy regarding Adoptive Leave Bill 2004 [Seanad]: Referral to which \130 million was promised per Select Committee. year over ten years, but only \15 million Minister of State at the Department of Justice, has been delivered in total after three Equality and Law Reform (Mr. Fahey): I move: years; 87 Health Services: 12 October 2004. Motion 88

[Mr. Gregory.] model already existing in general prac- — the failure of the Government to end tice, i.e. delivery of a same day and cancer care apartheid by providing mul- same place GP service, with equal tidisciplinary care including radio- access for public and private patients; therapy services to those who live out- calls on the Ta´naiste and Minister for Health side Dublin and Cork such that some and Children to state her position on: cancer patients will endure more radical surgery, or a painful death, due to an — equality of access to the health service inability to properly access radio- based on need and not on ability to pay; therapy services; — whether she intends to implement the — the failure of the Government to act on Hanly report in view of the absence of the feasibility study into an all-Ireland public support, and no alternative ser- helicopter emergency medical service, vices being available; HEMS, completed since April 2004, — the financial threshold for qualification which is costing lives unnecessarily due for a medical card to be increased so to dangerous transport practices that the 200,000 extra medical cards between hospitals and is causing perma- promised can be delivered; nent disability, we being the only coun- try in Europe without this service; — the urgent provision of 1,000 extra hospital beds — with full supporting — the disgraceful underdevelopment of staff; our hospital oncology services; — the Government to urgently address the — that the number of consultant rheuma- overcrowding situation in our accident tologists per 100,000 population at 0.3 is and emergency departments; the lowest by far in the European Com- munity, and also considerably lower — strategy to address the disgraceful out- than non-EU countries such as Croatia patient waiting list situation; and the USSR; — the proper funding of the primary care — the failure of the Government to extend strategy as promised; the mid-west pilot on cervical screening — adequate access to radiotherapy ser- to the entire country, we being the only vices for those outside of the Cork and developed country in the EU which Dublin areas; does not have a national cervical scre- — the immediate establishment of an ening programme; inter-hospital helicopter emergency — the failure to extend the BreastCheck medical service, HEMS, for Ireland; programme nationally in 2000, leading — the full development of oncology ser- to needless death and suffering for our vices in our hospitals; female population in the south west of Ireland; — the immediate appointment of consult- ants to include consultant rheumatolog- — the failure of the Government to ensure ists and other necessary consultants to an acceptable ambulance response time address the gross shortage existing of 20 minutes resulting in a lesser presently; chance of successful treatment and sur- vival in acute medical emergencies such — the extension of cervical screening as road traffic accidents and heart nationally; attacks; — the extension of the BreastCheck pro- — the failure of the Government to gramme to the south and west of address the promised upgrade of Ennis Ireland; Hospital; the failure to provide — a guarantee that all citizens be within a adequate nurses for the Mayo dialysis 20 mile radius of the nearest ambulance unit; capital funding for Ballinrobe station and that adequate ambulances community nursing unit; development are available; and of Tuam Hospital; the health care facility at Our Lady’s Hospital, Cashel; — the full development of Ennis Hospital as promised; adequate nurse staffing for — the failure of the Government to invest the Mayo dialysis unit; capital funding in the development of new parallel ser- for the Ballinrobe community nursing vices before contemplating the with- unit; the opening of the completed drawal of existing medical services; and health care facilities at Our Lady’s — the failure of the Government to extend Hospital, Cashel; and approve the plan- to the rest of the health services the ning brief for Tuam Hospital; 89 Health Services: 12 October 2004. Motion 90

and calls on the Minister to provide funding A sum of \400,000, a small amount, is required immediately to allow these projects to proceed. to enable the project to proceed to tender stage. Despite the fact that there is a dialysis unit in Deputies: Hear, hear. Mayo General Hospital, seven people, including older people and wheelchair users, have to travel Mr. Gregory: I wish to share time with to Galway three times per week to use dialysis Deputies Cowley, Healy, James Breen, Sargent, services. This involves a round trip of 1,000 miles Boyle and O´ Caola´in. per week to survive. Their whole lives rotate around travelling to Galway. An Ceann Comhairle: Is that agreed? Agreed. A report on a helicopter emergency medical service was commissioned in 2002 and was not Dr. Cowley: I wish the Ta´naiste well in her new published until 2004, giving one an idea of what position as Minister for Health and Children. She the Government feels about this issue. Some days uttered fine words but, as we all know, addressing ago an ambulance had to travel from Dublin to the problems in the health service requires more Galway at 30 mph to avoid potholes as the person than words. It requires action. The performance it was carrying had a very serious back injury. It is disgraceful that this person should have had his of this Government and its predecessors high- life risked by travelling in this onerous way. Heli- lights the problem that the failures identified in copter emergency medical services are available this motion have not been addressed. in every other country. Some \16 million was The Minister spoke well but then stated she spent entertaining EU Ministers during the six would implement the Hanly report recommend- months of Ireland’s EU Presidency and \52 mill- ations. I have said from day one that the report ion was spent on electronic voting, yet \16 million is a dead duck. It should carry a health warning was not made available for helicopter emergency because it will really only satisfy the centralising medical services. bureaucrats. People will not be able to get to acci- The Western Health Board area is unique in dent and emergency units because of the greater that it has ambulance bases that are not within distances they will have to travel to central the recommended 20 miles of the population, services. thereby putting lives in jeopardy. It is disgraceful There is apartheid in the cancer care system that people on the minimum wage still do not and the Cancer Care Alliance was set up to qualify for a medical card. Some 200,000 medical address it. BreastCheck was organised by the cards were promised yet 100,000 have been alliance. A march was held and within 48 hours it removed from the system. What about the sad, was announced that BreastCheck would be silent migration of old people into institutions? A extended, yet we are still awaiting this extension. defined Revenue funding scheme would certainly Sixty-five people die in the south and west every sort this out, as well as being good value for year because BreastCheck was introduced for money. only half the population. Therefore, the health There will be no end to the accident and emer- apartheid continues and some 260 people have gency crisis until such time as the Government died needlessly, including sisters, mothers and provides an adequate number of beds. The sys- nieces. tem is inadequate and as a result the crisis is con- The Ta´naiste referred to the treatment pur- tinuing. It is not acceptable for the Government chase fund. What good is this to the 100,000 to sit on its hands and allow this situation to con- people on the unofficial waiting list who are wait- tinue. Every one of us is anxious to do what we ing to get on to the official one? Such people can to support any Minister, but no matter what include men with prostate cancer who have been a Minister may say or do, it is a question of waiting for months for an appointment and who delivering, and the Government has not delivered still have not got one and those who must wait on this matter. six years for an appointment with a urology specialist. We have fewer rheumatologists per Mr. Healy: There are two fundamental issues 100,000 of the population than Croatia and Rus- involving the health service, first, the two-tier nat- sia and we have the lowest number of consultant ure of the system where access is based on ability rheumatologists in Europe. to pay and not on medical needs and, second, It is not acceptable that a man with cancer must inadequate funding. There is much evidence to be made wait. Children are whistling when they prove that ability to pay is the determinant for talk because they do not qualify for orthodontic access to facilities. I recently heard of a case treatment. Some have to purchase such treatment involving a person awaiting an orthopaedic pro- using money they do not have. It is either this or cedure, who was told that he would have to wait whistle for life. from eight to 12 months for an outpatient The problems in Ballinrobe date from 1971. appointment. That person asked his general prac- The number one priority, a community nursing titioner to refer him to a private consultant. As unit for the elderly, has still not been provided. a result, he received an outpatient appointment 91 Health Services: 12 October 2004. Motion 92

[Mr. Healy.] will the Government listen to the doctors and within a week and the procedure was completed nurses who are trying to carry out their duties within ten days. That is the type of service avail- under atrocious and depressing conditions? This able under the two-tier system, whereby if one situation cannot continue. It needs to be has the money one will be looked after but if one addressed immediately. It is unfair to expect one does not, one will be on a long waiting list. or two doctors to cover an entire hospital at The second difficulty involves inadequate fund- weekends. ing. Today’s report by the ESRI states that There is a two-tier health service in this coun- Ireland is second last when it comes to health try. If one can afford to pay for treatment one funding. Of the 22 countries surveyed, Ireland will get it instantly, but the outcome for those on spends 7.3% of gross domestic product on health medical cards is not so good. Waiting lists for ser- compared to an average of 9% for the other vices are on the increase and people wait well countries. That is a serious difficulty which has over 12 months for treatment that they have a arisen. right to receive. We should examine other coun- Another matter identified in the ESRI report tries that have successful health services and must is that low-income families are not able to access not be afraid to adopt their best practices. GP services because they simply do not have the The new Minister for Health and Children money to do so. Because it costs too much to pay needs to adopt a common sense approach. She for general practitioner services and medication must be prepared to tackle the bureaucracy, there has been a huge fall-off in people attending examine critical staffing levels in each hospital their GPs, particularly those at the cut-off limit and ensure that money is spent on patient care, for medical cards. The Government promised an thus fulfilling the Government’s promises. What extra 200,000 medical cards yet not only do we measures does the Minister intend to put in place not have them, but there are also 100,000 fewer to counteract the crisis caused by the MRSA medical cards now than in 1997. super-bug, which is now rampant in Irish I want to provide a flavour of what the eligi- hospitals? bility limits are for medical cards. A single person Will the Minister inform us when the 1,000 on social welfare of \134.80 per week will not extra beds promised by the Government will be qualify for a medical card. A married couple aged delivered? When will the extra medical cards be between 65 and 69, whose sole income is from provided? Will the Minister admit that the Han- unemployment assistance or benefit, will not ley report will never be implemented in full qualify for a medial card. A married couple aged because it is impossible to implement something between 65 and 69 whose sole income is from a that would further degrade the health service? contributory or non-contributory old age pension The list of such questions continues and every will not qualify either. time health issues are raised the list becomes The Minister should immediately grant an longer. extra 200,000 medical cards by making the eligi- There have been enough empty promises. I bility limit at least the same as the minimum challenge the Government, particularly the Mini- wage. I would prefer to see free access to GP ser- ster for Health and Children, Deputy Harney, to vices for all, although I know the new Minister sort out the overcrowding of our accident and will not do that. She should at least increase the emergency units, to tackle vigorously outpatient eligibility limits so as to include everybody on the waiting lists so they will be eliminated, provide an minimum wage. air ambulance service for citizens living in rural For some time, facilities have been completed areas, develop oncology services in hospitals at Our Lady’s Hospital in Cashel, including an throughout the country and fulfil the promises Alzheimer’s unit, a physical disability unit and made. two psychiatric units, which are all vacant. Funds The people of Clare want to know when Ennis should be made available to open these units General Hospital will be upgraded. I will keep immediately. I hope we will not have to take to asking these questions each time health issues are the streets, as we did in Clonmel, to make these raised in the House in an effort to put forward the units available to the public of south Tipperary. views of the people of Clare and, indeed, other counties. It is time for the Government to provide Mr. J. Breen: How can the Government stand answers. There should be no more empty over the millions of euro that have been squan- promises. dered in the name of health over the past seven years? When will the Government stand up and Mr. Sargent: I thank my Independent col- take notice of what is happening to ordinary leagues for this timely debate, particularly in light people when they enter the health service? of the ESRI study which has so trenchantly criti- Hospitals are going backwards instead of for- cised the health service. We wish the new Mini- wards. The shortage of doctors and nurses, partic- ster for Health and Children well in tackling the ularly at weekends, is adding serious stress and challenges she faces. However, notwithstanding trauma to patients and medical staff alike. When her fine words about the heath service being 93 Health Services: 12 October 2004. Motion 94 accessible to every citizen regardless of wealth, The former Minister, Deputy Martin, let the she has a number of fears to allay. One of the cat out of the bag when he was on the rack over issues behind this motion is whether the Minister waiting lists. He said he can do little about it if meant to say that the health service should be people are getting sicker and there is more accessible to every citizen regardless of geogra- demand on the health services such as they are. phy. That is an issue about which every Member This indicates the need to examine the Green of the House regularly receives representations, Party’s health proposals, which are about pre- particularly with regard to the lack of progress in ventative as well as curative solutions. Money is providing radiotherapy services and funding for not being spent on preventatives measures. designated oncology units for regional cancer Billions of euro are being spent annually on new centres. This issue is in my mind because last drugs and medical technologies while very little week I lost an uncle to cancer. He happened to is being spent on basic medicines, even hospital be living within walking distance, if he could have infection control, which would save a much walked, of the Mater Hospital. As such, the issue greater number of lives than the drug appli- of radiotherapy was not one about which he had cations. There is need for a holistic health service. to worry, although because he was so ill he chose When I look at the track record of the Minister, not to avail of the treatment. Deputy Harney, I see someone who has espoused Having visited Waterford and other areas market forces as the solution to almost every- around the country, however, I understand the thing. The health service is certainly an example trauma and pain involved for many people who of where market forces have not made us health- must travel to Dublin hospitals for radiotherapy. ier. They have, in fact, made us sicker and we are It is something that no Government can ignore. I becoming a very obese nation. Obesity gives rise hope this debate will provoke action to provide to diabetes, heart disease, cancer and so many extra radiotherapy services. Currently, enormous other health problems, and an examination of suffering is caused due to the inequitable nature what is becoming an obeseogenic environment of the service throughout the country. should be at the heart of our health strategy. All There is an additional fear based on the Mini- I see currently is panic to try to come to terms ster’s appointment, given that while she is the with promises made at election time but which have been broken. We need a health strategy Leader of the Progressive Democrats Party, many which will ensure healthy people rather than just of the areas affected by the Hanly report are not treating sickness. represented by Progressive Democrats Deputies or Senators. Mr. Boyle: I commend the Members of the I spoke tonight to people in Ennis who fear Technical Group for tabling this timely motion. that, whatever about the former Minister, Deputy It is timely not just in terms of the changing Cabi- Martin, having local representatives in the area, net, which sees the Ta´naiste take over the the Minister, Deputy Harney, may need to act Department of Health and Children, but because swiftly to reassure local communities who have an ESRI seminar was today presented with a invested a considerable amount of time and paper which compares the Irish health service to money getting a professional critique for the other economically developed countries. To be Hanly proposals. They want assurance from the told by a think-tank, which is well respected in Minister that she will give due consideration to this country, that we are rated 21 out of 22 health these proposals and meet with the people who services in such countries is a shame and should are seeking to have the professional critique be an embarrassment to the Government. The presented to Government. It is exasperating that Ta´naiste has the comfort of knowing that she is \ 20 million was earmarked for hospitals such as beginning her term of office as Minister for Ennis Hospital over a ten year period and each Health and Children in the knowledge that, as far time questions are asked about where the money as the Irish health service is concerned, it is closer is, there is talk about a design phase or another to Boston than Berlin. The only country which phase and that the money is on the way. This has a lower rating is the United States, where indicates a lack of commitment to providing the almost half the population has no health service. insurance and where the name of the game in Areas like Balbriggan in north County Dublin, terms of receiving any health care is the size of where the population has grown from 10,000 to one’s wallet. This is the direction in which the more than 30,000, has no out-of-hours service. Government has been going for the past seven Ultimately, we are dealing with a country in years and I fear the Ta´naiste will lead us further which health has become a by-word for absolute in that direction. exasperation, frustration and suffering. While the If we are looking for a metaphor for the state Government gives assurances in words, we need of the Irish health service in 2004, we should look action, which we are not getting at present. There at a “Six-one” news report last week about the is not even an approach being taken which will ambulance service on Aranmore Island. Aran- ensure there is a healthier society. more Island was my father’s native home where 95 Health Services: 12 October 2004. Motion 96

[Mr. Boyle.] we will not reach the ranking of the countries he had a fatal attack and died four years ago — listed one, two and three on the list supplied I referred to it in the House in the past. At the today by the ESRI. I also fear that a subsequent time the ambulance was out of order and my report will rank us below the United States, in father’s last few hours were spent in the back of 22nd place. a trailer before being taken to a lifeboat and then to Letterkenny. As I explained to the Minister’s Caoimhghı´nO´ Caola´in: Ta´ Teachtaı´ Da´la predecessor and the CEO of the North Western Shinn Fe´in ag tabhairt tacaı´ocht leis an ru´ n. Health Board, I do not think it was a factor, but Molaimid na Teachtaı´ Neamhsplea´cha as an ru´ n it certainly did not lead to the dignity which a chuir os comhair na Da´la, ata´ oiriu´ nach mar ta´ should be afforded on such an occasion. When I Aire nua sa phost. Is mo´ r an trua nach bhfuil an saw last week’s news, I discovered that four years tAire sa Teach, ach an tAire Sta´it. The Sinn Fe´in on the same ambulance is now out of commission Deputies will support this motion, even though I for one year. I saw the dilapidation of the vehicle, am disappointed the Independent Deputies high- with a 1992 registration, which is nothing more lighted the case for some hospitals but failed to than a rusted hulk, with nothing in its interior to mention Monaghan General Hospital, which is a justify calling it an ambulance. I saw the Irish glaring omission. health service represented as it truly is, and this The Government’s amendment is insulting. It is the morass the Ta´naiste must seek to tackle. makes no effort to address even the main issues Another note that struck me in this Breast raised in the motion and repeats the two-part Cancer Awareness Month and the series of mantra that we have heard ad nauseam of advertisements being run on radio and television increased spending and the Government’s health to encourage women to be more aware of the strategy. It has been amazing to listen to the com- scourge of breast cancer is the rider “breast check mentary since the appointment of the new Mini- is not available in the south and west of the coun- ster for Health and Children, the leader of the try”. What kind of Government can promote such Progressive Democrats, Deputy Harney. One a partial service which ignores the needs of so would think the Government’s health strategy many of its citizens? had only been published last week instead of What really worries me is that in taking up her three years ago. Will the former Minister, Deputy new office and saying all the right things in terms Martin, be air-brushed out of history? of what she thinks people want from the health A prime example is the speculation that the service, the Ta´naiste is coming into office with new Minister might be the one to take on the several pieces of baggage vis-a`-vis the way in consultants. The consultants’ contract was sup- which her party has affected how the health ser- posed to have been renegotiated two years ago vice is run. We recently saw the opening of a under the Government’s health strategy. In the private hospital in Galway. It was the first section entitled Acute Hospital Services, the hospital to benefit from the tax incentive in the 2003 budget. Those who invested in such a strategy promises that “greater equity for public hospital are getting from taxpayers tax relief of patients will be sought in a revised contract for 42%. I read that most of the custom of that hospital consultants”. The target date for agree- hospital — it is custom because it is being run ment on that revised contract was the end of on a profit basis — will come directly from State 2002. Last year the then Minister for Health and sources by the State transferring patients who Children, Deputy Martin, told me that only pre- should otherwise be treated in a public hospital liminary talks had begun. The new Minister, system through the national treatment fund. This Deputy Harney, is aware that even those prelimi- is privatisation on the double because it includes nary talks are, to all intents and purposes, post- tax relief, plus the State paying for the privilege poned indefinitely. The consultants have dog- of treating its citizens without having a properly gedly refused to proceed until the insurance cover funded public health system. What sort of mad- dispute is resolved. The consultants’ position is ness has brought about these types of policies? unquestionably an obstructionist tactic. I am sorry the Ta´naiste is not here to respond The Minister, Deputy Martin, described the to the debate. I hope she will do so over the consultants as kings in their own domain. This course of tomorrow evening. This is no white was a very strong statement but the words have horse affair, it is rescuing a health service which not been matched by actions. We have not heard has been downtrodden for several decades. We the Government’s position in the negotiations. It do not have a health service. We have bits and should at least demand that all new consultant pieces where people have to make do. Their posts be entirely in the public system, as recom- health and the quality of the health care they mended in the Brennan report. There must be receive subsequently depends on who they are, real accountability from consultants for work in where they live and the resources they have. the public system. If the Taoiseach and the Until the Government and the Minister are pre- Ta´naiste are not prepared to do this and to pared to address these central questions, I fear weather the storm, there can be no real health 97 Health Services: 12 October 2004. Motion 98 reform — I believe the Minister of State, Deputy Deputy Martin, spoke of the immediate recruit- Brian Lenihan, who is present, accepts that. ment of five junior doctors for the same hospital As the motion states, the Ta´naiste and Minister but the new Minister simply states that the board for Health and Children has stated that she wants proposes to recruit these five doctors to facilitate “a health service that is accessible to every citi- the early restoration of around-the-clock medical zen, regardless of their wealth”. If that is the case, cover. The Minister, Deputy Martin, spoke of an we need to hear the Government’s plan for end- emergency room to be provided at a cost of \1 ing the two-tier apartheid system whereby wealth million. A week later, the new Minister speaks of buys access to what can only be regarded as excel- a treatment room — there is a difference — with lent private care while the public system and the Government funding of \750,000. public patient are lagging way behind. The Pro- gressive Democrats Party was nearly as extrava- Mr. B. Lenihan: It is the same room. gant as Fianna Fa´il in its pre-election promises although it did not promise 200,000 extra medical Caoimhghı´nO´ Caola´in: When one is talking cards. It pledged, however, to “ensure income about accident and emergency services, it is eligibility criteria would at least keep pace with obvious why the word “emergency” is used. It is movements in incomes”. That has not happened. not just today or yesterday that we have been Some 100,000 fewer people have medical cards addressing these issues in Cavan and Monaghan. than was the case in 1997 when this relationship The Minister, Deputy Martin, said ten was first launched. additional beds would come on stream immedi- The Progressive Democrats also made a com- ately, but the new Minister tells us the board mitment to “ensure regional cancer care centres intends to commission ten additional day beds. are established so that patients do not have to There is more information being pulled in and travel 100 miles for ongoing radiotherapy”. It pulled back, it is an incredible vista. In her reply, declared: “This will be an immediate priority for the Minister conspicuously avoids the part of my us.” The Ta´naiste must fulfil that promise and she question which asks for a timescale for the deliv- will have the support of all opinion if she earn- ery of these facilities. That is at the kernel of the estly pursues and delivers on that. She should whole matter. We simply do not know when ser- ensure that promise will mean not only that the vices will be delivered. There has been a change additional centres that have been signalled will be of Ministers — we are delighted to see the Mini- established but also all the others that have been ster of State, Deputy Brian Lenihan, is still here, argued for, in Waterford, Limerick, Letterkenny taking the flak for those who should be in this and so on. She should not neglect, as many others Chamber addressing these issues directly — and have failed to mention, the needs of the north the new Minister is getting off to a bad start by east, north of Dublin and to the Border, which is following the example of the Minister, Deputy repeatedly forgotten by many commentators. Martin, in failing to come before the House for I tabled a series of questions on this issue before notice of this week’s Private Members’ Private Members’ business and answer the solid business was given. I am sorry the Ceann Comh- charges made by the Independent Deputies and airle has vacated the chair, but he disallowed those who support their motion. Whatever about most of my questions although, inconsistently, he the change of Ministers, there has been little allowed others, including one in another Deputy’s change in terms of the need for vigilance by com- name, which also addressed cancer services. My munities. questions were specific and did not anticipate the Private Members’ business of the Independent Minister of State at the Department of Health Deputies, of which I had no knowledge. I regret and Children (Mr. B. Lenihan): I move amend- that most of my questions were disallowed this ment No. 1: week. To delete all words after “Da´il E´ ireann” and Before he left office, the former Minister for substitute the following: Health and Children, Deputy Martin, met per- sonnel in the North Eastern Health Board and “commends the Government for the unpre- issued a public statement about hospital services cedented increase in the level of investment in Counties Monaghan and Cavan. I tabled a in the health service since 1997 and for its question asking the Minister to confirm that comprehensive reform programme, supports statement and the promised measures, and to put the early implementation of reform a timescale on their delivery. On the basis of the measures, notes the progress that is being answer I received, I can only conclude that much made already in implementing the health of what the former Minister announced is already strategy, Quality and Fairness — a Health unravelling. The Minister, Deputy Martin, prom- System for You, and supports the Ta´naiste ised a CT scan for Monaghan General Hospital and Minister for Health and Children in her but the new Minister makes no mention of it in commitment to provide better health ser- her reply. Is it still on the agenda? The Minister, vices for all members of the community.” 99 Health Services: 12 October 2004. Motion 100

[Mr. B. Lenihan.] ing of new facilities in hospitals. These facilities I will share time with the Minister of State, include: new accident and emergency depart- Deputy Tim O’Malley. ments at Cork University Hospital, Naas General In examining the motion tabled by the Inde- Hospital and Roscommon County Hospital; a pendent Deputies, I was amazed to note the ref- new surgical block, an intensive care unit, erence that the number of consultant rheumatol- operating theatres and an accident and emer- ogists per population is the lowest in the EU and gency department at James Connolly Memorial considerably lower than in non-EU countries Hospital, Blanchardstown; two new operating such as Croatia and the USSR. Are the Indepen- theatres at Our Lady’s Hospital for Sick Children, dent Deputies aware that the USSR as a political two at Limerick Regional Hospital and at South entity vanished approximately a decade ago? Tipperary Hospital, Clonmel, for which Deputy Healy has called many times—— Dr. Twomey: It vanished in the same manner as the rheumatologists. Mr. Healy: I hope they open the units now and they will not be left vacant for two years. Mr. B. Lenihan: Some of the thinking from the Independent Deputies is resonant of the type of Mr. B. Lenihan: We must fund these facilities thinking that informed public administration in also. The Deputy made his political claim to fame the USSR. As the Deputies are aware, the USSR urging the citizens of his native town to not pay was administered under a system whereby block for the rubbish that must be collected. grants were endlessly thrown at State services in the hope that they would work. Mr. Healy: I made it by demanding that the Government produce the goods and not leave a Dr. Cowley: The USSR had a better health ser- \7 million unit which was vacant for two years. vice than Ireland. Mr. B. Lenihan: One must pay for the goods in Mr. B. Lenihan: After decades of corruption, order to have them produced. The facilities also inefficiency, official manipulation and control by include: increased capacity in intensive care, cor- vested interests, the system entirely collapsed. onary care and high dependency units at Portiun- The warm public response to the appointment of cula Hospital, Ballinasloe, University College the Ta´naiste as Minister for Health and Children Hospital Galway and Naas General Hospital; a is a reflection of the public’s recognition that the new day ward and day surgical centre at St. entirety of the problem in the health service is not James’s Hospital Dublin; new orthopaedic ser- exclusively to do with the allocation of money, as vices, trauma and elective, in Galway and some Deputies protest. Mayo——

Dr. Cowley: Why are there not more rheuma- Dr. Cowley: We are still waiting for the services tologists? in Galway and Mayo.

Mr. B. Lenihan: It was also bound up with a Mr. B. Lenihan: ——a new maternity suite at considerable number of vested interests that have Letterkenny General Hospital and a new medical clung barnacle-like to this rock down the years. assessment unit at Midland Regional Hospital, I welcome Deputy O´ Caola´in’s intervention in Mullingar. the respect that he offered support to the Government in the difficult negotiations we must Mr. Healy: When will the Government build embark on with the senior branch of the medical the Cashel unit? profession. On the issue of Monaghan Hospital, I assure the Deputy that the Government’s Mr. B. Lenihan: These new units include pro- announcement on it has received a broad wel- vision for more than 200 additional beds between come within the medical community involved. inpatient and day places—— We will work to address the issue. The Government is committed to imple- Mr. Healy: I get no answer to that question. menting fundamental reform in the health ser- vice. The essential elements of that programme Mr. B. Lenihan: ——and when fully oper- are improved patient care, better organisation ational it is estimated that the new units will and improved delivery. I accept that some of the increase inpatient and day case activity by up to points made by Independent Deputies are well 40,000 patients in a full year. made and constructive. The reform programme will progress in tandem Dr. Cowley: What about the provision of with further investment in our health services. services? Evidence of this is the recent announcement of the additional \85 million allocated for the open- An Leas-Cheann Comhairle: Order, please. 101 Health Services: 12 October 2004. Motion 102

Mr. B. Lenihan: Some 1,200 staff has also been The first phase of the programme will be the approved to deliver these improved services development of a clinical network of large centres throughout the country. in Dublin, Cork and Galway. The development I propose to concentrate on the substantial pro- of these centres is of critical importance and will, gress in recent years on the development of a in the shortest possible time frame, begin to comprehensive cancer policy. The Government address the profound deficit in radiation has invested extensively in a national cancer oncology services identified in the report. strategy. Nationally, there has been unpre- There has been significant progress in imple- cedented investment in radiation oncology ser- menting the report’s recommendations. There vices and a significant development of hospital has been approval for the appointment of more oncology services. There is a planned extension than 130 additional staff and full-year current of the national breast screening programme and funding of approximately \15 million provided to increased investment in the cervical screening open the new radiation oncology department in programme. University College Hospital, Galway and to Improving cancer care is a major priority of expand capacity at Cork University Hospital. this Government. This will enable the appointment of an additional five consultant radiation oncologists, for whom Dr. Cowley: What about Waterford and recruitment is under way. Letterkenny? In developing this model, radiation oncology centres will be required to provide services on an Mr. B. Lenihan: I will come to them in a equitable basis that will ensure that patients of moment. There is broad recognition among equal need will have equal access. Geography will health service providers of the significant changes not be a barrier to equal access. Radiation that have taken place in recent years in improving oncology centres at major teaching hospitals will cancer care. be required to provide outreach services to hospitals in adjoining regions as is currently the Mr. J. Breen: How many recognise it now? case. As more consultant radiation oncologists are appointed, it will be necessary to ensure that Mr. B. Lenihan: Between 1995-97 and 1998- there is an equitable spread of outreach services. 2000 overall relative survival from cancer exclud- The Government has decided that in the future ing non-melanoma skin cancer increased from development of services, consideration should be 48% to 50% in women and from 38% to 44% for given to developing satellite centres at Waterford, men. For women, there were survival improve- Limerick and the north west. ments for the four commonest cancers, breast, lung, colorectal and lymphoma. For men, survival Dr. Cowley: It needs more than consideration. improved for almost all cancers, notably for can- cer of the prostate and stomach as well as for lym- Mr. B. Lenihan: However, the number one phoma and leukaemia. priority is the development of the “backbone” of the service. Dr. Cowley: If they can get to hospital. Dr. Cowley: We need more. People are being Mr. B. Lenihan: This has changed the experi- transported like cattle all over the place. They are ence of cancer. There is real hope for patients too sick to get to the centres. and families. The Government’s focus is to ensure that there is access to services that deliver this An Leas-Cheann Comhairle: Order. The Mini- experience for each and every person who is diag- ster of State to speak, without interruption. nosed with cancer. There is no doubt that this is a major challenge to our health services and a Dr. Cowley: The only consideration we hear major disease, with 20,000 people diagnosed with being given here is being given to Waterford. cancer each year between 1994 and 2000. It is also a major cause of mortality and premature mor- Mr. J. Breen: Only to Waterford. tality, accounting for one quarter of all deaths. The burden that cancer places on the health ser- Mr. B. Lenihan: The position as I understand vices is reflected in the fact that there were almost it was that we had Dublin and Cork. Now we will 81,000 hospital discharges and more than 48,000 have Dublin, Cork and Galway. Deputy Cowley day cases with a diagnosis of cancer in 2002. should know that the report on the radiation ser- The report on the development of radiation vices was prepared with the co-operation of his oncology services was published in October 2003. profession. It is the profession’s recommendation. Government has accepted its recommendations The Deputy must defer to the expertise of those and has agreed that we now require a major pro- with whom he has worked for the greater part of gramme to rapidly develop clinical radiation his life and respect their judgment in these oncology treatment services to modern standards. matters. 103 Health Services: 12 October 2004. Motion 104

Mr. J. Breen: What about Ennis? additional 245 clinical nurse specialists have also been appointed in the cancer services area. The Dr. Cowley: How about the alternative—— benefit of this investment is reflected in the sig- nificant increase in activity that has occurred. Mr. B. Lenihan: I am not surprised at some of Since 2000, the Department has provided a the other Deputies interrupting, but I am sur- total cumulative investment of \49 million to sup- prised at Deputy Cowley in this context. port the BreastCheck programme.

Mr. J. Breen: What does the Deputy mean by Dr. Cowley: Only in the east. that remark? Mr. B. Lenihan: During the period February Mr. B. Lenihan: An independent 2000 to December 2003, BreastCheck carried out evaluation—— approximately 133,000 screenings and detected around 1,040 cancers. An Leas-Cheann Comhairle: Order, please. Dr. Cowley: Not in the west. Mr. J. Breen: How dare Deputy Lenihan speak like that? What about the promises made by Mr. B. Lenihan: The attendance rate for Government? The health service is a disgrace and BreastCheck screening is in excess of inter- scandal to the country. national standards of 70%, with approximately 77% of those invited attending. An Leas-Cheann Comhairle: Deputy Breen is being disorderly. He should resume his seat. Dr. Cowley: That is great for those who get it, Mr. J. Breen: Millions of euro have been or those with the money for it. poured down the drain. Where are the improve- Mr. B. Lenihan: The next phase, for which I ments? How dare the Minister of State speak like assume Deputy Cowley is calling, is the roll out that? He is lucky that he was not moved out of of the programme to the rest of the country, to his position last week. How dare he castigate any which the Government is fully committed. Deputy on this side of the House? Approval has been given for the establishment of An Leas-Cheann Comhairle: The Deputy a design team to work up detailed plans for the should resume his seat. construction of the clinical units in Cork and Galway. Mr. J. Breen: He should be ashamed of himself. Mr. Healy: When? What is the timescale? An Leas-Cheann Comhairle: The Deputy is out of order. The Minister of State is in possession. Mr. B. Lenihan: Capital funding in the region of \20 million has been earmarked as part of the Mr. B. Lenihan: Deputy Breen did not refer to capital investment programme 2004-08. radiation services in his contribution. An independent evaluation of the 1996 Mr. Healy: Progress is definitely being made on national cancer strategy was launched last that list now. December. This report concluded that the key achievement of the 1996 national cancer strategy, Dr. Cowley: We are still waiting. a 15% decrease in mortality in the under-65s, was achieved in 2001, three years ahead of target. This An Leas-Cheann Comhairle: The Deputy will reflects the cumulative additional investment of have an opportunity to reply tomorrow evening. approximately \550 million in cancer care since 1997. Mr. B. Lenihan: BreastCheck, the relevant hospitals and the Department are fully commit- Dr. Cowley: How about all the hospitals ted to the expeditious roll-out to the rest of the down—— country. Representatives have met to progress the design process, the next stage in the process. An Leas-Cheann Comhairle: Order, the Mini- The cervical screening programme was intro- ster of State should be allowed make his state- duced on a phased basis, with phase one com- ment without interruption. mencing in the Mid-Western Health Board area in October 2000. Under this phase, approximately Mr. B. Lenihan: Investment to date under the 74,000 women in the 25 to 60 year age group are national cancer strategy has enabled the funding being screened free of charge at minimum inter- of an additional 104 consultant posts, together vals of five years. To date, almost 45,000 women with support staff in key areas such as medical have availed of the screening programme. The oncology, radiology, palliative care, histopathol- motion refers to the failure of the Government ogy and haematology throughout the country. An to extend the mid-west pilot project on cervical 105 Health Services: 12 October 2004. Motion 106 screening on a national basis. It is prudent to any Government can stand over. It is appropriate evaluate an initial pilot phase in any programme that this House should commend the Govern- before considering its extension. ment on its positive and demonstrable commit- ment to improve health services, especially can- Mr. Healy: When? This is four years later. cer services.

Dr. Cowley: We are still waiting. It took a long Minister of State at the Department of Health time to introduce BreastCheck. It was promised and Children (Mr. T. O’Malley): It is important nationwide years ago. to put in context the provision of acute hospital services. There have been many important Mr. B. Lenihan: This is taking place to test the advances in surgical technology, including less organisation and delivery of a cervical screening invasive surgical methods and advances in anaes- programme in a given area. thetics. These advances have allowed the range, safety and effectiveness of surgical procedures to Dr. Cowley: There is a 20% mortality rate. be enhanced to a greater extent. However, inno- vations and technological advances have led to Mr. B. Lenihan: The number of smear tests increases in the demand for surgical procedures, nationally has increased by almost 20% in recent especially elective procedures. years and additional cumulative funding of \11 Activity in our acute hospitals continues to million was provided by the Department since increase. The number of patients discharged from 2002 to assist the laboratories in meeting this hospital having been treated as either inpatient demand and improving colposcopy services. The or day cases in 2003 was more than 1 million. This Department is also investing in new technology is the first time the number has exceeded 1 mill- through extending the use of liquid-based ion. This represents a 5% increase over 2002 and cytology. an almost 30% increase in the number of patients International evidence is that better clinical treated compared to 1997. The increase in acute outcomes are achieved in hospitals with specialist hospital activity is a direct result of the Govern- staff, high volumes of activity and access to ment’s investment in capacity and staffing. appropriate diagnostic and therapeutic facilities. The Government’s aim is to clearly focus on Best results in treatment are achieved where reducing waiting times for public patients who patients are treated by staff working as part of an require admission to hospital for elective treat- integrated multidisciplinary specialist team. ment. The national treatment purchase fund was Dr. Cowley: Not in Waterford, Kilkenny and established to help to achieve this aim. The fund’s Limerick. task is to achieve reductions in waiting times and, particularly, to offer treatment to those who have Mr. B. Lenihan: This core principle must been waiting longest. The NTPF was set up on inform the current organisation of services and a statutory basis on 18 May 2004 and has made how we plan future services across the various significant progress in the meantime. The fund modalities of cancer care. The National Cancer has undertaken validation of those waiting long- Forum is developing a new national cancer est for treatment and has taken account of factors strategy. The strategy will be published by the such as patients not available for treatment, end of the year. patients not medically suitable to undergo treat- We are fortunate that those involved in cancer ment, patients no longer requiring treatment and care provide a professional, high standard of care patients postponing treatment at their own that is very much appreciated by those with can- request. cer and their families. I recognise and acknowl- edge their dedication and commitment. The Mr. Crawford: How many have died? Government’s objective is to ensure the substan- tial investment is reflected in improvement in Mr. Healy: Patients must wait for between 12 health outcomes for cancer patients. and 18 months for outpatient appointments.

Dr. Cowley: More investment is needed. Dr. Twomey: This is a sham.

Mr. B. Lenihan: I am glad of the opportunity An Leas-Cheann Comhairle: Order, please, the to place on the record the substantial devel- Minister of State, without interruption. opments that have taken place in cancer services. Mr. T. O’Malley: The NTPF reported in May Dr. Twomey: It should have been much better. 2004 that waiting times have reduced signifi- cantly, with 37% of patients waiting between Mr. B. Lenihan: More needs to be done and three and six months and 43% waiting between nobody takes issue with that. However, a substan- six and 12 months for surgery. Therefore, 80% tial amount has been invested and it is a record of patients wait less than one year for surgical 107 Health Services: 12 October 2004. Motion 108

[Mr. T. O’Malley.] tackle the problems in emergency medicine treatment. This represents a major reduction in departments. the time patients must wait. A number of initiatives are under way to The fund has substantial capacity to treat address pressures in emergency medicine depart- patients and will continue to focus on reducing ments. Improved and expanded emergency medi- waiting times even further. The fund’s target is to cine departments are being provided through treat more than 12,000 this year — it has the national development plan funding in many acute capacity to treat a minimum of 1,000 patients per hospitals. For example, new departments have month. This will allow the fund to make further been provided at Cork University Hospital, significant progress in reducing the average wait- James Connolly Memorial Hospital, Naas Gen- ing times for surgical procedures. Since it com- eral Hospital, South Tipperary General Hospital, menced operations, the fund has been successful and Clonmel and Roscommon General Hospitals. in locating additional capacity and arranging New departments are also under construction at treatments for more than 19,000 public patients St. James’s Hospital and Tullamore General up to the end of September 2004. Hospital. The establishment of minor injuries units, chest pain clinics and medical assessment Mr. Crawford: At what cost? units will also improve the operation of emer- gency medicine departments. Mr. Healy: Nothing has been done. The Department has approved Eastern Regional Health Authority proposals for a range Mr. T. O’Malley: We were told at the time of short and medium-term solutions to the prob- there was no capacity in the system. lems associated with emergency departments in the Dublin academic teaching hospitals. The cost Mr. Crawford: Hospitals have been closed. of these new initiatives is \2.4 million in a full year. Areas covered include the appointment of Mr. T. O’Malley: In most instances, anyone specialist nurses, the establishment of rapid waiting more than three months will be facilitated assessment clinics and the provision of multidisci- by the fund. plinary teams to assess patients.

Dr. Twomey: That is rubbish. Dr. Twomey: Are they working?

Mr. T. O’Malley: A total of 19,000 patients is Mr. T. O’Malley: An additional 29 emergency rubbish. How dare the Deputy say that? medicine consultant posts were approved in 2001. There are 51 emergency medicine consultant Mr. Crawford: How dare the Minister of State posts in acute hospitals, which is a 260% increase close hospitals? in numbers since 1997. The availability of senior medical staff in emergency medicine departments Mr. Healy: How many years are people on out- should facilitate rapid clinical decision making patient waiting lists? We are being honest. and enhanced management, diagnosis and treat- ment of patients. Mr. T. O’Malley: An important element of Pressures on the hospital system, particularly in acute hospital services is the delivery of emer- the eastern region, arise from demands on emer- gency services. Comhairle na nOspide´al pub- gency departments and difficulties associated lished a report on accident and emergency ser- with patients who no longer require acute treat- vices in February 2002, which noted that a ment but are still dependent. Full year funding of hospital-wide response was needed to meet the \8.8 million was provided to the ERHA in 2003- requirements of the emergency service. Delivery 04 to facilitate the discharge of 280 patients, of the emergency service at hospital level is inter- mainly elderly, to more appropriate settings. An dependent on the inpatient elective service and additional \5 million was provided in June 2004 day and outpatient care. The effective delivery of to facilitate the transfer of a further 200 patients, emergency services, therefore, cannot be dealt including young chronic disabled people. The with in isolation from the delivery of all hospital- Department provided \3 million to the ERHA to based services. transfer a further 120 patients in August 2004. Many of the difficulties and delays experienced My Department and the Department of in emergency medicine or accident and emer- Health, Social Services and Public Safety in gency departments reflect system-wide issues Belfast commissioned a feasibility study and such as the demand experienced by each hospital, report on the costs and benefits associated with the resources available to it, as well as the struc- the introduction of a dedicated helicopter emer- ture, organisation and staffing profile of the gency medical service for the island of Ireland. hospital. It is necessary, therefore, to take a The decision to commission the study was made whole-system approach involving primary care, on foot of a recommendation by a cross-Border acute care and sub-acute and community care to working group on pre-hospital emergency care. 109 Health Services: 12 October 2004. Motion 110

The group is one of a number established under fleet reliability and the roll-out of the advanced the North-South Ministerial Council to examine paramedic training programme. cross-Border co-operation in the health area. The The elimination of on-call is designed to facili- report of the consultants appointed to undertake tate further improvements in response times. My the study was published on 30 April 2004 and is Department is providing funding in excess of \4.3 available on my Department’s website. million in the current year to facilitate the con- Possible roles for a helicopter emergency medi- tinued phasing out of on-call in a number of cal service identified in the report include pri- regions. This is a programme which I hope to be mary and inter-hospital response. Primary in a position to extend. My Department provided response involves travelling directly additional capital funding of \2.5 million in 8 o’clock to the scene of an incident to take December 2003 and a further \4.9 million in the a patient directly to hospital whereas current year to enable health authorities to con- inter-hospital response is the planned, rapid tinue with the fleet and equipment replacement transfer between hospitals of patients who programmes which are essential pre-requisites for require specialist care under the escort of skilled enhanced, speedy and appropriate care. In professionals. The report concluded that an inter- addition, the previous Minister, Deputy Martin, hospital transfer service would be more appropri- announced policy approval for the development ate in an all-island context. According to the con- of the advanced paramedic training programme sultants, the provision of such a service with a and considerable work has been done to prepare single helicopter would involve significant capital the legislative base necessary to give it effect. investment costs of \12 million and annual operating costs of \4 million. Additional helicop- I am pleased to advise that the new statutory ters could be added with an additional annual instrument amending the pre-hospital emergency cost per aircraft of over \3 million. care council’s establishment order was recently amended to facilitate the introduction of the Dr. Cowley: It is very good value for money. training programme. The programme’s introduc- tion also requires the amendment of the Misuse Mr. T. O’Malley: The development of a dedi- of Drugs Regulations 1988 and the Medicinal cated helicopter service would involve a consider- Products (Prescription and Control) Regulations able lead-in time. Key elements of the process 1996 and the necessary legislative changes are being progressed as a priority by my Department. would include the recruitment and training of The combined amendments will provide a statu- appropriately skilled staff, development and tory basis for the administration of additional implementation of education awareness pro- medications, such as cardiac medications, and it grammes, the procurement of aircraft and the is intended that the expanded service will com- identification, development and certification of mence roll-out in 2005 following the completion landing sites. According to the report, the times- of training of ambulance personnel. cale for completion of this wide range of activities Emergency care and related services have been would be approximately three years from the the subject of significant departmental and man- date of a decision to proceed. My Department is agement attention and investment. The Govern- exploring options on the development of a heli- ment will continue to focus on the delivery of copter service in light of the recent study, as part emergency services to provide high-quality care of which exercise it has initiated discussions with and ensure that patient access and treatment the Departments of Defence and Communi- remains at the centre of health policy. cations, Marine and Natural Resources. A meet- ing is scheduled to finalise an air ambulance ser- Mr. J. Breen: There was not one word about vice level agreement between my Department medical cards. and the Department of Defence. A more immediate priority in the area of pre- Mr. Neville: I wish to share time with Deputies hospital emergency care is the development of Crawford, Connolly and Twomey. the ground ambulance service. Funding provided by my Department in recent years has facilitated An Leas-Cheann Comhairle: Is that agreed? significant advances in the development of the Agreed. ambulance service. Among the developments have been a major upgrading in training and stan- Mr. Neville: I welcome this debate and compli- dards, the equipping of emergency ambulances ment the Independent Deputies on their initiative with defibrillators and the training of ambulance in proposing it. I am pleased to have an oppor- personnel in their use, the introduction of two- tunity to contribute on behalf of Fine Gael. person crews and improvements in communi- The Ministers of State, Deputies Tim O’Malley cations equipment and control operations. Princi- and Brian Lenihan, must be extremely concerned pal among the developments currently being at the confirmation today of the Opposition con- addressed are the elimination of on-call as a tention over a number of years that the health means of providing emergency cover, improved services fare badly when considered in a global 111 Health Services: 12 October 2004. Motion 112

[Mr. Neville.] those suffering chronic illnesses and those who context. Our service compares poorly to 22 qualify under exceptional circumstances. It is my national health systems according to a survey experience that fewer people are now eligible published by the Economic and Social Research under the chronic illness criteria. It is as though Institute today. In fact, the Irish health system a message has gone out to the health boards to came last and second last in two of the three cat- clamp down in this area. egories examined. The Republic rated joint last The Minister of State referred to the issue of with Japan in terms of non-medical factors, over-crowding in accident and emergency depart- including tobacco and alcohol consumption, road ments. There is an urgent need to deal with this traffic injuries and immunisation rates, of which issue as we enter a period of climate change with the Government has made great play since many elderly people and others likely to present entering office. Ireland ranked just above the with symptoms of influenza. We should not have United States of America in second last position to seek to deal, under Standing Order 38 or by in terms of outcome in rates of heart attack, can- way of Adjournment debate, with matters such as cer and suicide. The Republic’s performance on people being treated in the back of ambulances life expectancy at birth for men and women was or hospital yards, or awaiting treatment for days in the bottom third of countries. These are key in emergency departments. Something by which criteria by which the success or otherwise of a the new Minister for Health and Children will be health system is examined. judged this winter will be the number of issues, Ireland is the lowest spender alongside Finland such as people awaiting treatment in emerg- in terms of financial resources devoted to health encies, raised by way of Adjournment debates or across the 22 countries examined. We devote just under Standing Order 38. 7.3% of our GDP to health spending compared The Minister of State spoke at length about the with an average of 9% across the 22 states. We reduction in waiting lists. However, he did not hear constantly that we are spending more and refer to those awaiting placement on waiting lists. more and both Ministers of State present this Many people are awaiting consultations which evening said as much again. We have been shown will enable them to get on to waiting lists. I was internationally to be the lowest spender of 22 approached by a person two weeks ago who has states examined by the ESRI. been waiting for four years for an ENT consul- The drop in medical card numbers is one of the tation following which he will be placed on a key issues which has been raised recently. waiting list. The Minister of State may boast that Members of the Opposition have been recalling he will receive surgery within 12 months. That that while 200,000 medical cards were promised may be true, but he will have had to wait four almost two and a half years ago, 101,000 fewer and a half or five years for that intervention. The people are covered by the medical card scheme Minister should, in an effort to be open and trans- than when the Fianna Fa´il-Progressive Demo- parent on this issue, speak of those awaiting crats coalition was elected. Approximately 37% placement on waiting lists. of the population had medical cards in 1997, a While I welcome the motion, it does not refer proportion which has been reduced to 28%. to mental health, an issue which I raised with the The people most affected are those on incomes Independent Deputies. I am disappointed the marginally above the level at which they would Minister of State did not speak of mental health be entitled to a medical card. They cannot afford as an issue in terms of the general health service. doctors fees and access to basic medical care. I am also disappointed the Minister did not General practitioner care is becoming unafford- address that issue. However, I am hopeful that, able for a significant minority of people on the as a member of the Progressive Democrats holds margins of eligibility and they are suffering great the senior Ministry in this area, the Government hardship. People on the margins are now will respond favourably in terms of the avail- presenting late in illness and neglect chronic ability of resources for the mental health system. problems because they cannot afford the cost of Some 11% of the total health budget was accessing early a medical doctor. The absence of devoted to mental health when the Fianna Fa´il- a medical card is particularly problematic for Progressive Democrats Government took office. people with chronic illnesses such as heart disease That figure now stands at 6.7%. It is not unfair and diabetes. Failure to treat such problems to ask the Government, on behalf of the 25% of could result in serious difficulties later, such as the population who at some stage will suffer a heart disease, kidney failure and stroke. The mental illness, those who suffer in hospitals or Government is penny-pinching and will pay later from trying to access them and those who suffer when these diseases, which could have been because members of their families have taken prevented with early intervention, arise. their lives as a result of the lack of proper treat- The medical card scheme was introduced to ment in the mental health area, to restore the provide care for those on low incomes. The vast mental health budget to that which obtained majority of medical card holders today are those when the Fianna Fa´il-Progressive Democrats on social welfare, those aged 70 years and over, Government took office in 1997. It is only then 113 Health Services: 12 October 2004. Motion 114 that the Minister will have a base from which to for acting that way. The Minister of State spoke work in improving the situation. I could be emot- of the reduction in the number of people on wait- ive and critical on this issue but I implore the ing lists. As my colleague, Deputy Neville, said, Minister to seriously examine the mental health the Minister of State did not refer to those area. awaiting placement on waiting lists. I asked the I hope the new Minister for Health and Chil- previous Minister, Deputy Martin, what it costs dren will respond positively to the Minister of to send a person and his or her spouse to State, Deputy O’Malley, as a member of her Birmingham or elsewhere in the UK for treat- party, in addressing that issue. I again welcome ment under the national treatment purchase fund the debate and congratulate the Independent when the particular treatment could be under- Deputies on tabling this motion. taken in Monaghan General Hospital were it not taken off call. The theatre and staff at that Mr. Crawford: I welcome the opportunity to hospital remain idle. I do not suggest the national contribute to this important debate. I also wel- treatment purchase fund is not a good scheme, come the Minister’s initial comments in terms of but surely we should utilise what we have before what she proposes to do in the future. I would spending such money. like to address the North Eastern Health Board We need somebody to oversee how money is area. It is interesting that of the \85 million spent, an issue which brings me to speak of the recently allocated not one penny was allocated to Cavan-Monaghan region that I represent. I am the North Eastern Health Board region, an area somewhat amazed by the motion tabled by the along the Border which is supposed to benefit Independent group. I support it in principle but I from Government, international and peace cannot believe the hospitals of Cavan and initiatives. I question the Government’s commit- Monaghan have been left out of it and that it has ment to the Border region when it makes no been signed by my Independent constituency col- effort to assist it when it has money to spend. league, Deputy Connolly. Cavan and Monaghan The population of the North Eastern Health have had the most serious problems in the coun- Board region has increased by 12.7% since 1996, try, highlighted in the news and by the Indepen- the highest population increase in the country. dent Members of this House, but facilities in Bal- From 1971 to 2002 the population increased by linrobe, Tuam and across the country are 40.7%, beaten only by the Dublin health board mentioned here with no mention of the need for area. There has also been an increase of more an upgrade for Monaghan Hospital. than 1,000 in those aged 85 years and over. Care In case anyone thinks everything is all right of the elderly is therefore significant in that there, I refer to the fact that the previous Minister region. Last but by no means least, the region has for Health and Children, Deputy Martin, issued the largest number of asylum seekers per capita a statement at the eleventh hour in which he than any other part of the country. Providing for thanked Deputy Connolly for being constructive. such a population costs money, yet the North The bottom line is that the previous Minister can Eastern Health Board area was left \42.5 million short in the last budget. While that shortfall was make a statement but the new Minister for based on historical reasons, if one bases it on Health and Children, Deputy Harney, tells us the actual statistics the region was left short \130 facts. She told us in no uncertain terms that there million. While I often criticise the activities of the will be no CAT scanner and that only limited North Eastern Health Board, one has to remem- money is available. Above all she tells us that ber that without money it cannot provide Cavan General Hospital, as part of the configur- services. ation of services, will have the possibility of 19 The average per capita allocated to the North beds examined. This is a serious situation. There Eastern Health Board region for 2004 is \1,591 is a crisis in the north east that could be solved in — the national average is \2,018 and in the the morning if the initiatives were put in place to Dublin health board area it is \2,362, leaving the allow Monaghan General Hospital to reopen. I North Eastern Health Board region short on welcome the discussions between the health average \427 per capita. We also have the lowest board and the consultants to bring about a level ratio of staff per patient. While I criticise the of agreement but this package must be delivered. administrative staff level in the area, one has to The Government promised to provide 200,000 take into account those figures produced inde- additional medical cards but took away 100,000 pendently. At least 300 extra beds are needed in in seven years. Of the 100,000 medical cards that the region, yet we have been promised only ten have been taken away, 6,035 were in County day beds at Monaghan General Hospital with Monaghan, which has a population of 50,000, money allocated and 19 extra beds in Cavan Gen- while in the former Minister for Health and Chil- eral Hospital with no money allocated. dren’s constituency in Cork, 8,000 were taken I apologise if I was emotional when the Mini- from a population of 500,000. Why have I had to ster of State, Deputy O’Malley, was making his raise the issue of medical cards so often in this contribution. However, I have very good reasons House? It is ludicrous, mean and unacceptable. 115 Health Services: 12 October 2004. Motion 116

Mr. Connolly: I welcome the opportunity to excellence, they will travel for a hip operation or speak to this motion and support it whole- heart surgery, but they want a facility nearby in heartedly. Health, or, more importantly, the lack an emergency where they can be stabilised after a of health facilities around the country, has been head injury or receive anti-thrombolic medication a topical issue during my term in the House. I was within the critical 20 minute period following a elected on the health issue as a hospital action heart attack. If one then needs to go further so candidate, I am expected to deliver and I hope I be it. The accident and emergency service is vital. will do that before my term is over. In the national spatial strategy we talked about hub towns and gateways and a hospital is a key Mr. McHugh: Can Deputy Crawford hear that? facility in each town. It makes it easier to attract industry and ensure it stays. Mr. Crawford: I am listening. I agree with Deputy Neville’s comments on mental health services. We must pump extra Mr. Connolly: I have regularly raised the issue funding into that area. We talk about mental of Monaghan General Hospital in this Chamber health services and suicide, wring our hands and and I have used every opportunity to engage with leave it at that. Money is needed. We have a new Ministers on it by calling for the Adjournment way to deliver mental health services, they are of the House under Standing Order 31 and using more home-based and cost effective and I ask the Adjournment debates. I hope the people who Minister to take on board the appeals for extra tabled this motion this evening get the same funding. response that I got on Monaghan General Hospital in recent times. Dr. Twomey: The Minister of States’ speeches were too slow and too little. The grand plan for Mr. McHugh: Hear, hear. What about that radiotherapy services and cancer treatment ser- Deputy Crawford? vices across the country will need at least another three years before anything happens. We have Mr. Crawford: We will wait for delivery. already been waiting for them for two years. The Minister of State, Deputy Brian Lenihan, focused Mr. Connolly: That package will be delivered. on oncology, saying that investment in the I acknowledge this is a promise but there is not national cancer strategy has amounted to \559 much point in me asking for a second promise. I million since 1997. That works out at \70 million have been involved in negotiations since May per year, less than 1% of the health budget, but 2003 at senior political, administrative and pro- fessional level and I am convinced that the con- the Government boasts about such a small tents of this package will be delivered. That is amount of money. It might look like a lot when why I was elected. The announcement of a 24 it is added up but we know from dealing with hour a day, seven days a week unit at Monaghan cancer patients there is a pathetic service that General Hospital is what the people of needs much greater investment before we see any Monaghan want. They want a CAT scanner, ser- improvements. The radiotherapy report is sitting vices and junior doctors. That package will be in the Department of Health and Children gath- delivered and I thank Deputy Martin for ering dust. The Government comes in here and delivering it. Be it at the eleventh or any other talks about what will happen and what will be hour, I am glad the commitment was made. done but we will see another Government I will be here to see the package is delivered implement it at this rate. and I have nailed my colours to the mast in saying Pressure on the hospital system, particularly in it will come. On my first day in Da´il E´ ireann my the eastern region, arises from demands on emer- call was for the retention of an on-call accident gency departments and difficulties associated and emergency service at Monaghan General with patients who no longer require acute treat- Hospital and for the provision of a CAT scanner. ment but who are still dependent. My consultant I have a commitment on that and I expect it will used to say that to me when I was working in the stand. There are difficulties with timeframes but Meath and Adelaide Hospitals in 1993. Why did it is a challenge for me to ensure the package is the Government not deal with this issue? It has delivered. If the CAT scanner is left out of a been in Government for seven years, with major speech or an answer, it is my job to ask the ques- health budgets. It knows the problem in accident tions and to remind the new Minister, whom I and emergency departments is a result of the run- wish well, to deliver it. This will remove the ning down of primary care. As a result more vagueness. people use the accident and emergency service The major concern of the people in Monaghan, because they cannot get a GP leading to long stay Ennis or Nenagh is the accident and emergency patients taking up beds. Nothing has been done service. The new Minister and the Government to correct that. must find a way to deliver that service to the people. People have no problem with centres of Debate adjourned. 117 Job 12 October 2004. Initiative 118

Adjournment Debate. tacht Affairs. These community jobs are worth doing for their own sake and should not be reliant ———— on what FA´ S describes as labour market inter- ventions. It is essential that these jobs be taken Job Initiative. away from FA´ S because its remit is not to pro- vide support for communities but rather to pro- Ms O’Sullivan: I welcome the opportunity to vide labour market interventions that lead people raise this matter on the Adjournment of the on to full employment. The communities need House. While I have nothing against my constitu- this work; the people are doing an excellent job. ency colleague, the Minister of State, Deputy Tim These communities should not be abandoned and O’Malley, I hoped to see the new Minister for the work is of significant importance to them. The Enterprise, Trade and Employment replying to people involved are making great efforts to this matter tonight. It is a very important matter improve the lives and the environment of the to do with the five RAPID areas of Limerick City community around them. I want them to be given that are the most deprived parts of the city, as the a year’s grace to allow for setting up a permanent Minister of State will be well aware, and the scheme to provide for community jobs to do the threat to the job initiative positions in those five work currently being undertaken by people on areas, namely, Moyross, Southill, St. Mary’s, Our the job initiative scheme so that it can be con- Lady of Lourdes and St. Munchin’s. Approxi- tinued on a sustained and long-term basis. Time mately 200 people stand to lose their jobs within is of the essence and we need a decision from the next five to six months as a result. Government. We require cross-departmental and These communities are very deprived and sensible thinking, otherwise these communities unfortunately are frequently cited in the media will suffer hugely. because of various problems but they have a won- derful community spirit and the job initiative Minister of State at the Department of Health workers particularly, do invaluable work. It is and Children (Mr. T. O’Malley): I thank Deputy community sabotage if these jobs are allowed to O’Sullivan for her contribution. When reviewing go. the opportunities and resources offered to com- The work includes maintenance of green areas munities it is important to emphasise that a wide in the estates and running cre`ches for children. In range of active labour market, training and edu- Moyross, the work includes monitoring cameras, cation programmes operate across a number of which is of assistance to the Garda. Some of the Departments, aimed at improving the prospects workers have given evidence in murder trials. of unemployed and inactive persons progressing They provide meals for elderly people. There is to jobs in the open labour market. In addition to support for the schools in the form of well-known employment programmes there are employment sports people coaching the children and literacy subsidies such as the back to work allowance and classes and a wide variety of activities are organ- back to work enterprise allowance, and the edu- ised in these communities. cational opportunities provided by the back to I cannot understand how a Government that is education allowance and the vocational training now saying it will try to lift all boats, is caring and opportunities scheme. The programmes operated sharing and concerned about the marginalised, by FA´ S under the aegis of this Department are can allow this to happen. The Minister of State job initiative, community employment and the will be aware that the time frame for addressing social economy programme, which between them this issue is very short. The communities have currently account for approximately 25,000 been informed they must cut the overall numbers places. on job initiative by either two or three in each Job initiative is an active labour market pro- community and people have already been put on gramme aimed at those over 35 years of age who notice in that regard. The other issue is that have been unemployed for the previous five people who have been on the scheme for more years, with the primary objective of progressing than three years have been informed they must these participants into the open labour market. It go within six months, probably five months from is specifically targeted at equipping the long-term now. There are not people available who are eli- unemployed, through identified worthwhile work gible to take over these jobs in the schemes and training, with the skill that will allow them to because applicants must be over 35 years and five enter the labour force. Work experience is pro- years unemployed. vided on a full-time basis for up to three years for We propose that the Department of participants, with flexibility for a one-year exten- Enterprise, Trade and Employment give a year’s sion in specific cases where it can be shown to grace in order that a sound framework can be have a progression benefit. The allocation of established to set up what I describe as a com- places to individual projects and within regions is munity jobs scheme similar to the rural jobs an administrative matter for FA´ S that estimates scheme already in existence under the auspices of there will be approximately 2000 participants on the Department of Community, Rural and Gael- job initiative at year-end. There were 316 places 119 School 12 October 2004. Accommodation 120

[Mr. T. O’Malley.] Kilkenny. The Department of Education and Sci- available in the Limerick region at the beginning ence designated the School of the Holy Spirit for of the year and the projected figure for the end pupils with emotional disturbance or those pupils of the year is 284. However, when community who present with autistic spectrum disorders or employment places are taken into account there ASD. Until recently the school catered for pupils will be an additional 14 places provided in this in the primary-school age group but as the school region by year-end. Job initiative is a labour mar- is to expand, providing second level education for ket programme and, as such, the concept of pro- pupils with ASD, the pupils reaching post-pri- gression by participants is central to it. Partici- mary age will in future be retained within the pants must abide by the terms of their contracts school. and move from the programme after an agreed The school has six classes, operating a six to period of support and development. This is neces- one pupil-teacher ratio. There are 32 pupils aged sary so that vacancies will become available on between five and 13 years enrolled and 24 of a rolling basis and in order that other long-term these pupils have a diagnosis of ASD. It has come unemployed and disadvantaged groups may have to the notice of public representatives and the the opportunity to participate in the programme. school authorities that there is insufficient accom- Approximately 80% of participants on the job modation at the present site to facilitate six pupils initiative programme in Limerick have been on in the School of the Holy Spirit, Gaol Road, the programme for four years or longer and a Kilkenny. This has developed into a more serious number have remained on the programme since matter given that there is insufficient school it commenced in 1997. accommodation to cater for the needs of the It is important to recognise that full employ- people of Kilkenny city. ment is the most effective route out of poverty, The development of the existing site at Holy disadvantage and dependency on State welfare Spirit special school, Gaol Road, was strongly and must remain the primary objective for par- supported by the Bishop of Ossory, Dr. Forristal, ticipants in active labour market programmes and the diocese. With the help of teachers, special such as job initiative. A willingness to engage in school assistants and parents, it has developed an progression, whether directly into the jobs market enormous reputation as a valued education or if appropriate into further education or train- resource for those children with disabilities. ing opportunities, has always been an essential The main school building comprises four part of the scheme. classrooms, a staff room, a dining room with a The proper functioning of this process would serving area and a small assembly-PE hall with be of benefit to both the local communities within some office space off it for the multidisciplinary which the job initiative project is based and the team, a small office used as a library and the prin- country as a whole. Over the past 18 months FA´ S cipal’s office. The fifth classroom within this has supported managing agents in their efforts to building is located in a small office space and cur- progress all persons who have been participating rently accommodates two pupils. There are two on job initiative projects for more than three prefabricated buildings in the school yard, one of years. This would apply to the participants in which accommodates a class of pupils while the Limerick. These persons are being offered the other is used for central processing work. The high support process, customised training, main- toilets are centrally located within the main line training and job seeking support. The high school building and pupils require supervision supports process is designed to provide a flexible when leaving the classrooms to use them. response for persons experiencing barriers in pro- There have been recent difficulties regarding gressing from unemployment to employment in windows falling out of the building and repairs the open labour market, and is based on the indi- are proving difficult due to the presence of asbes- vidual needs of clients with the support of a fund tos in the structure. However, the school building of up to a maximum of \2,200 per person. Where and the board of management do everything vacancies are created these are being filled on an possible to ensure repairs and routine mainten- ongoing basis by either job initiative or com- ance are carried out to a high standard and that munity employment participants. Over the past the best possible facility is available to the chil- year, FA´ S has endeavoured to support local com- dren, notwithstanding its deterioration and munities in Limerick in the services they wish to location. deliver while keeping the focus of the schemes on I ask the Minister for Education and Science securing jobs for participants in the open labour to ensure the great work being done by parents, market. teachers and special needs assistants, for the benefit of these children, is recognised in terms School Accommodation. by sanctioning the project that has been promised by various people, though not by me, since 2000. Mr. Hogan: I am grateful for the opportunity Insufficient progress has been made to date to of raising the important matter of a new school bring the project to construction on a new site at the School of the Holy Spirit, Gaol Road, that is now available at Callan Road, Kilkenny. I 121 Hospitals Building 12 October 2004. Programme 122 ask the Minister to ensure this project is included deprived of proper health care services because it in the 2005 Estimates. remains closed. The saga has continued for three years since Mr. T. O’Malley: I thank the Deputy for giving the former Minister for Health and Children me the opportunity to outline the Department of made money available to purchase the Grove Education and Science proposals to the House Hospital in Tuam, which was being disposed of regarding the provision of new accommodation by the Bon Secours sisters. Unfortunately, that for the Holy Spirit special school in Kilkenny. was the end of the action as far as the Govern- The school caters for pupils with special edu- ment was concerned. Public money amounting to cational needs. It has an enrolment of 37 pupils approximately \4 million was expended on the and a staff of seven class teachers and 13 class- purchase but that asset, purchased with public room assistants. money, has been allowed remain idle and deterio- I am pleased to inform the Deputy that a site rate since then. That is a terrible waste of tax- at Seville Lodge has been purchased for the pro- payers’ money. posed building project at the Holy Spirit special The Western Health Board has identified the school, Kilkenny. This project is at the early need for a community hospital in Tuam and has stages of the architectural planning process, has prepared a planning brief which identifies the been assigned a band one rating by the Depart- need for a community hospital comprising 60 ment and is listed in section 8 of the 2004 schools beds in addition to X-ray facilities, a GP unit, day building programme. care hospital, dementia day care, mental health Officials in the Department are examining the day care, primary care unit, an ambulance base current and future enrolment levels for the school and a regional child and family care training cen- tre. That planning brief was submitted to the in consultation with the Department’s inspector- Department of Health and Children on 8 October ate. In this regard, the Department officials have 2002 and has been on the Minister’s desk since arranged a meeting between the relevant Depart- then. During that time nothing has happened. ment personnel with a view to finalising deliber- The blame for the inaction lies at the Govern- ations on the matter. Further contact will be ment’s door because the Taoiseach gave a made with the school authorities when this pro- guarantee that the Government would provide a cess is complete. hospital in Tuam. That guarantee was under- The Department is aware of the invaluable ser- pinned by a similar assurance from the former vice provided by Holy Spirit special school, Minister for Health and Children to the effect Kilkenny, in catering for the needs of pupils with that a hospital would be provided in Tuam. It is special needs in the area. Every effort will be now past time for those commitments to be hon- made to conclude the deliberations as soon as oured and approval to be given to the Tuam possible with a view to progressing this project. health campus project which encompasses a com- In regard to projects that were not authorised munity hospital. to proceed to construction as part of the 2004 Since the Western Health Board made its sub- schools building programme, including the Holy mission to the Minister for Health and Children Spirit special school, Kilkenny, the Department’s the case for a hospital in Tuam has been further officials are reviewing all such projects with a supported by the national spatial strategy. Under view to including them as part of a multi-annual that strategy Tuam is designated as a hub town, schools building programme from 2005. The the only town in County Galway to receive such Minister expects to make further announcements designation. The strategy outlines the character- in this regard before the end of the year. istics of a hub town as including a local or regional hospital. This is an example of a national Hospitals Building Programme. strategy supporting the case for a hospital in Tuam. Mr. McHugh: I thank you, a Leas-Cheann Over a year has passed since the strategy was Comhairle, for allowing me to raise this issue. I published and it is time for the Government to welcome the Minister of State at the Department give expression to this national policy and its of Health and Children, Mr. Tim O’Malley. associated aspirations by giving approval to the I have sought this debate in an attempt to move Tuam hospital project. In recent months the west- forward the position concerning Tuam health ern regional authority published a document campus. The hospital in Tuam was closed on 6 entitled Regional Planning Guidelines for the April 2001. While it functioned as a hospital until West Region, which identifies the need for the the day it closed, it has not been utilised since for provision of health care services in Tuam, to ser- the delivery of health services to people in the vice the catchment area of north-east Galway, catchment area, which comprises north-east south Mayo and west Roscommon. The case for Galway, south Mayo and west Roscommon. That improved health care services in Tuam was was the area it serviced while it functioned as a further underlined by the Western Health Board hospital and that is the same area that is being when under a pilot scheme, announced by the 123 Telecommunications 12 October 2004. Services 124

[Mr. McHugh.] age the re-opening of the old hospital for nursing Minister for Health and Children regarding the care purposes. delivery of primary health care, it identified two The Government has made services for older priority areas. Tuam was one of those two people a priority and is fully committed to the priority areas, the other being Erris, County development of a comprehensive health service Mayo. However, the Minister failed to sanction which is capable of responding quickly, fully and the Tuam application. effectively to the health service needs of older In a separate study on the siting of ambulances people. In recent years, health and social services bases in the Western Health Board region, Tuam for older people have improved, both in hospitals was again identified as a priority area for the pro- and in the community. Since coming into office, vision of an ambulance base. This application has the Government has substantially increased the been submitted separately to the Minister but, level of finding, both capital and revenue, in regrettably, the proposal has not been approved respect of services for older people. For example, to date. the amount of additional revenue funding I am not asking that a hospital should be pro- increased from £10 million in 1997 to \100 million vided overnight in Tuam. What I am seeking is in 2003 with a further \9.5 million being allocated that finance be made available immediately to this year. This serves to demonstrate the Govern- commence the planning of Tuam hospital and the ment’s ongoing commitment to improving ser- Tuam health campus, separate finance to be vices for our older population. made available for the immediate establishment Significant capital funding for the health sector of the ambulance base and the construction of the has been provided since the commencement of primary care unit. If the Ta´naiste is to pursue the NDP in 2000. Total expenditure for the years implementation of the Hanly report, she could do 2000 to 2003 was approximately \1.7 billion. Con- no better than develop a prototype local hospital siderable progress has been made in addressing in Tuam as envisaged in that report so that it the historical deficits in health infrastructure and would be clear to all what is on offer. improving the standards of facilities required for Last February I got an undertaking from the quality modern patient care. The national Minister of State at the Department of Health development plan is providing considerable capi- and Children that an announcement would be tal funding to services for older people. On a made in regard to the Tuam project in 12 to 14 national basis, this will enable a comprehensive weeks. That was four months ago and we still infrastructure of community nursing units and have no announcement. We need a timescale and day care facilities to be put in place as well as the we need it now. refurbishment of existing extended care facilities and the replacement of old workhouse-type Mr. T. O’Malley: I thank Deputy McHugh for accommodation. Older people deserve first class raising this matter on the Adjournment. Follow- facilities and we intend to provide such facilities ing the closure by the Bon Secours order of the in appropriate locations. Grove Hospital in Tuam, the Western Health My Department is examining the health capital Board, which is responsible for the provision of programme for 2004 and beyond to ascertain health services in the Tuam area, took a decision what new projects can be progressed through to build a new 50-bed community hospital on the either planning or construction stages, taking grounds and adjoining land to replace the existing account of existing commitments and overall facility. This new hospital will comprise a mix of funding resources available. It is in this context up to 30 beds for continuing care with the remain- that my Department will continue to liaise with ing beds made up of direct access, rehabilitation the Western Health Board regarding the pro- or convalescent, respite and palliative care beds. posed development in Tuam in the light of the In line with what is generally provided in the board’s overall capital funding priorities. board’s district hospitals, the service will have a very significant mix of multidisciplinary staff, Telecommunications Services. including medical, nursing, nursing support, par- amedical, as well as other complementary Mr. Rabbitte: I thank the Leas-Cheann Comh- therapists. airle for allowing me to raise this matter which is Coupled with this, the board envisages the of such serious concern to up to 2,000 house- Tuam hospital functioning as the hub of a com- holders in my constituency and in adjoining areas prehensive outreach service, providing home care of Dublin South-West. programmes, including physiotherapy, occu- On Friday last a number of householders who pational therapy, chiropody, home nursing and had subscribed to a direct telephone connection home help as well as other flexible packages of offered by NTL received letters warning them care. These specialist care services will, of course, that it was stopping its telephone service due to be supported by social support services such as safety concerns about its equipment. No details community welfare and home advisory pro- were given as to the nature of the safety concerns, grammes. This project does not, therefore, envis- but shortly afterwards NTL technicians began 125 Telecommunications 12 October 2004. Services 126 arriving at houses in the area to start discon- consumers up to \129 to get reconnected to the necting the telephone systems. Eircom network. NTL originally indicated to con- Two issues are involved in this case, namely, sumers that it would pay for this but later sug- the safety question and the manner in which cus- gested that it would simply offer credits to cover tomers can be treated by a key service provider. the cost. Neither is it clear how long this process Clearly the safety issue, if real, is the most will take. Many of those who have been hit are important one. Householders were alarmed at the trades people and business people who depend letters they had received and their concern was on their phone service to earn their livelihood. exacerbated by reports that two fires in houses in The whole manner in which householders have the area had been caused by faulty connections. been treated by NTL has been cavalier. As a I was contacted by a number of householders who result of NTL’s actions, householders are in fear had received these letters who asked me to try to for their safety, have not been given the sort of find out what was going on. information they should be entitled to, have been I was unable on Saturday to get anyone in left without a telephone service and face unqu- authority to clarify the situation, neither was any antified additional costs. Service providers who information available on the company’s website. treat their customers in this way should be sub- When my office eventually made contact with jected to some sanction and, if ComReg does not NTL on Monday, the company was less than currently have the powers to take action against forthcoming, to put it mildly. This is an appalling companies in cases like this, then the Minister for way to treat customers and is in stark contrast to Communications, Marine and Natural Resources the approach of other companies when issues of should give it the power to do so. consumer safety have arisen. In these cases, it would be the norm for the company to take out Mr. T. O’Malley: I thank the Deputy for raising advertisements, to make company representatives this matter which highlights once again the need available for interview on news and current for a high level of awareness of fire safety and affairs programmes and to provide a freephone fire precautions in the home. service to reassure them about the steps being The regulation of the communications sector is taken to ensure their safety. In this case, the com- a matter for the Commission for Communication pany did the minimum and seemed more Regulation and I cannot speak for that body in interested in protecting itself against any legal this matter. However, I understand from media action than in reassuring worried householders. reports that there is a technical problem with tele- I welcome the statement from ComReg issued phone equipment supplied to customers by NTL on Monday evening setting out the actions it was which could have fire safety implications and that asking NTL to undertake, including the establish- they have contacted their customers and ment of a dedicated freephone telephone instructed them to disconnect the equipment. number; discussions with other telephone service From a fire safety point of view, it is desirable providers on the possibility of similar facilities for that customers comply with the instruction from affected NTL customers; the establishment of call NTL and disconnect the equipment. If they have forwarding or call divert facilities; and the meet- not already done so, I strongly advise them to do ing by NTL of the direct costs which customers so immediately. would otherwise have to pay. Although ComReg It would not be appropriate for me to comment did not say so specifically, it is fair to infer from on how the company should deal with this matter its statement that it was very critical of the man- into the future. However, it appears that the com- ner in which NTL handled this controversy. I pany acted promptly on discovering the problem. hope there will now be a very specific commit- It is a sobering statistic in this context that in 2003 ment from NTL that it will implement all the more than 1,300 fires were attributed to problems requirements set out in the ComReg statement with electrical equipment and electrical wiring. without further delay. The discovery of this problem is timely as it The second area of concern is the way in which comes in the immediate aftermath of the National customers are treated by a key service provider, Safety Council’s fire safety week. This was a joint licensed by the State to provide for what most exercise with the Northern Ireland Fire Brigade people is now an essential public service. There which focused on the issue of fire safety in the are concerns among some householders that NTL community and reminded us of the danger fire may now take advantage of this controversy to poses for all of us. It is a sad statistic that in 2003, provide itself with an exit strategy from what has 51 people died in fires on the island of Ireland, proved to be an unprofitable business. NTL orig- many of which could and should have been inally offered free Internet services to those who prevented. signed up with it, but has since been attempting Prevention is always better than cure and we to pull back from this offer. Efforts were made to must continue to get the message across in our persuade consumers to switch to broadband. communities about the dangers of fire and the The end result of all this is that householders need for a proactive approach to fire safety in are faced with cost and inconvenience. It will cost our homes. 127 The 12 October 2004. Adjournment 128

[Mr. T. O’Malley.] the way to significantly reducing the number of Every year, fire brigades attend approximately fire fatalities in our communities. Analysis of the 10,000 domestic fires. Each of these is a disaster fire fatalities in domestic premises in this country for the household involved; even where there is indicates that a smoke alarm was either not no death or injury, the disruption and present or was not working in the majority of 9 o’clock costs involved can be immense. The cases. This is a tragic fact from which we all sad thing is that most of these fires must learn. just should not happen. I mentioned electrical Fire safety in the home is the responsibility of fires already; other very common causes of the individual householder. Better awareness of domestic fires are unclean chimneys, failure to the dangers of fire and of fire hazards, together use fire guards and accidents involving cigarette with common sense fire prevention practices, the smoking. A basic common sense approach to fire installation and maintenance of smoke alarms safety housekeeping could eliminate these disas- and having an escape plan, can all help to prevent ters. This is the message which the Government, and reduce the number of fires and the the fire authorities and the National Safety Coun- consequent tragic fatalities and injuries. I would ask all Members of this House to play their part cil are constantly trying to get across. in disseminating this fire safety message when- Another key message is the need to have early ever and wherever the opportunity arises. warning systems such as smoke alarms installed and in working order in our homes. If we do that, The Da´il adjourned at 9 p.m. until 10.30 a.m. we can and will save lives and we will be well on on Wednesday, 13 October 2004. 129 Questions— 12 October 2004. Written Answers 130

Written Answers this regard; and if he will make a statement on the matter. [24296/04] Questions Nos. 1 to 18, inclusive, answered 24. Mr. Cuffe asked the Minister for Defence orally. his plans to allow members of the FCA and Naval Service Reserve to serve in operations overseas Bullying in the Workplace. within two years; and if he will make a statement 19. Mr. Broughan asked the Minister for on the matter. [24272/04] Defence if his attention has been drawn to recent 26. Mr. Quinn asked the Minister for Defence comments from the general secretary of PDFORRA that plans to court martial a member if he will elaborate on his recent announcement of the Army after a complaint by them that they that members of the FCA and Naval Service were being bullied are unacceptable; if the Reserve will be able to serve in operations over- Defence Forces Chief of Staff will inquire into seas within two years; if these members of the both the claims of bullying and the plans for a Army Reserve will receive sufficient training court martial; and if he will make a statement on prior to being deployed abroad; if he plans a new the matter. [24241/04] recruitment drive to encourage more full-time staff to the Defence Forces; and if he will make Minister for Defence (Mr. O’Dea): An individ- a statement on the matter. [24195/04] ual has been remanded for trial by court martial on charges relating to alleged offences against Minister for Defence (Mr. O’Dea): I propose military law under section 141 of the Defence Act to take Questions Nos. 22, 24 and 26 together. 1954. Section 141 relates to the making of a false On 26 July 2004, my predecessor, Deputy accusation against, or the making of a false state- Michael Smith, officially launched the Reserve ment affecting the character of, another member Defence Force review implementation plan which of the Defence Forces, knowing such accusation is the start of a process that will radically change or statement to be false. A summary of evidence the structure and configuration of the reserve is being taken in this case. The matter is sub while preserving its traditional strengths. These judice. include such things as the spirit of voluntary com- mitment, maintaining strong links with local com- Marine Safety. munities and a nationwide geographical spread. 20. Mr. Eamon Ryan asked the Minister for The Permanent Defence Force is now organ- Defence the role of the Defence Forces in moni- ised in a three brigade structure and a Defence toring the passage of a nuclear shipment (details Forces training centre. The Reserve Defence supplied) to Cherbourg in France; and if he will Force will be similarly reorganised and restruc- make a statement on the matter. [24280/04] tured and it is envisaged that the implementation of this plan will take place over the course of the Minister for Defence (Mr. O’Dea): Primary next six years. The plan defines the organisational responsibility for maritime protection lies with framework of the new Army Reserve and pro- the Minister for Communications, Marine and vides for a greater concentration of units within Natural Resources. When requested by the Irish each Army brigade area. There will be mergers Coast Guard, the Naval Service and the maritime both at battalion and company level as well as squadron of the Air Corps provide such services between sister technical support units. This will as may be necessary in an aid to the civil auth- be the key to providing enhanced training facili- ority role. The Naval Service, as the primary sea- ties and opportunities for each member of the going agency of the State, also monitors activity reserve. generally in the Irish exclusive economic zone In producing detailed proposals for the restruc- and has specific responsibility for fisheries protec- turing of reserve units within each brigade area, tion, which accounts for over 90% of Naval Ser- vice output. the military authorities have taken due cogni- In the case in question, the Coast Guard sance of the existing FCA presence within com- requested the Naval Service and the maritime munities. Consultation and communication have squadron of the Air Corps to monitor the ship- been a priority throughout the development of ment. A number of flights carried out by the the plan. They will continue to be important if the maritime squadron did not locate the shipment in changes now proposed are to be carried through Irish waters. Ships transiting through waters out- smoothly and effectively. Reserve units will be side the 12 mile limit have the right of innocent kept informed of developments on a regular passage. basis. Members of the FCA are already seeing the Question No. 21 answered with Question benefits of the reorganisation process in terms of No. 18. better clothing, improved equipment and more and better quality training. As the process Defence Forces Reserve. develops we will see additional benefits in terms of a clearer role for the reserve, a better overall 22. Mr. Stanton asked the Minister for Defence organisation structure and opportunities for suit- the situation with regard to the reorganisation of ably qualified personnel to serve overseas. We the Reserve Defence Force; his further plans in 131 Questions— 12 October 2004. Written Answers 132

[Mr. O’Dea.] barracks in question were located at Ballincollig, will also see benefits from the closer integration Fermoy, Castleblayney, Naas, Kildare and Clancy of the reserve with the Army. Barracks, Dublin. As indicated in the White Paper on defence, an The sale of approximately 91 acres comprising important change recommended by the study of Lot 1, Murphy Barracks, Ballincollig, to O’Flynn the reserve is that members of the FCA and Construction for \41 million and the sale of Lot Naval Service Reserve should be considered for 2 to the sitting tenant for \1.05 million — my participation in overseas peace support missions Department’s reversionary interest in approxi- subject to suitable qualifications, personal avail- mately 6.2 acres of the barrack lands — was com- ability and appropriate advance training. Service pleted in 2003. A further area comprising more by reservists on overseas peace support missions than 27 acres at Murphy Barracks is being handed in other countries is quite common. General cri- over to Cork County Council for community use. teria governing selection for overseas service Agreements have also been reached for the sale come within the scope of representation and any of a site, comprising circa 2.7 acres, to the South- matters relating to overseas service by members ern Health Board and a further plot of circa 1.7 of the reserve which come within the scope of acres to the Department of Education and Sci- representation will be raised with the representa- ence. Receipts in excess of \2.8 million will tive associations at the appropriate forum. The accrue to my Department in respect of those question of the security of civilian employment disposals. for the members of the reserve who may wish to An area comprising circa 0.545 of an acre has serve overseas will be considered as part of the been set aside on foot of a request from the ongoing implementation process. Office of Public Works, OPW, for a plot of As regards the Permanent Defence Force, the ground to facilitate extension of the existing White Paper on defence of February 2000 pro- Garda station located on Main Street, Ballincol- vided for an overall strength of 10,500 for the Per- lig. My Department is in correspondence with the manent Defence Force with the option of an OPW on arrangements for transfer of the lands additional 250 recruits in training at any one time. concerned, including the matter of a consider- In the event, no operational requirement to exer- ation therefor. A total of 19.218 acres at the for- cise the additional 250 option arose. It was mer Fitzgerald Camp, Fermoy, were sold to Cork decided, having regard to training requirements, County Council in 2001 for \973,889 for develop- an assessment of the defence and security envir- ment in conjunction with the IDA. Castleblayney onment and for budgetary planning purposes, military post, County Monaghan, comprising that the option could be phased out. circa ten acres, was sold to the North Eastern The ongoing recruitment campaign for enlist- Health Board for \761,843 in 2002. ment in the Defence Forces is designed to address Seven acres at Devoy Barracks, Naas, County any shortfall in personnel in the Defence Forces. Kildare, were ceded free of charge to Naas Urban From January 2004 to date there has been an District Council, while a further 14 acres were intake of 278 general service recruits into the Per- sold to that authority for \8,888,167. The balance manent Defence Force. The requirements for any of the barracks lands — one acre — was sold to further intakes will be reviewed on an ongoing Kildare County Council for \380,921 in 2002. The basis. It is important to note that the baseline sale of Clancy Barracks, Dublin, comprising 13.65 White Paper strength figure of 10,500 for the Per- acres approximately, to Florence Properties Lim- manent Defence Force is being maintained. I am ited for \25.4 million was completed earlier this also satisfied that the current strength is adequate year. to meet all needs arising at home and overseas. The Government decided in July 2003 that Magee Barracks, Kildare, and Gormanston Defence Forces Property. Camp, County Meath, would be among the State 23. Mr. Timmins asked the Minister for lands released for inclusion in the Sustaining Pro- Defence if he has plans to close any Army bar- gress affordable housing initiative. The modalities racks or installations during the next two years; of the transfer of these properties, as well as sites and if he will make a statement on the matter. at St. Bricin’s Hospital, Dublin, and at Collins [24047/04] Barracks, Cork, to the relevant local authorities are under active consideration in consultation 71. Mr. Durkan asked the Minister for Defence with the Department of the Environment, Heri- the extent to which military installations closed in tage and Local Government and the Chief State 1998 have been disposed of to date; the receipts Solicitor’s Office. The disposal of a number of and the costs associated with closure and disposal; other minor surplus properties owned by my and if he will make a statement on the matter. Department has also been completed during this [24530/04] period. Minister for Defence (Mr. O’Dea): I propose There are no plans to close any further bar- to take Questions Nos. 23 and 71 together. racks. The Department’s property portfolio is, The Government, on 15 July 1998, approved a however, kept under continual review and any programme of evacuation and sale of six barracks properties surplus to military requirements will considered surplus to military requirements. The be disposed of to fund much needed investment 133 Questions— 12 October 2004. Written Answers 134 to meet the equipment and infrastructure needs respect of those barracks identified for closure in of the Defence Forces. The security, mainten- 1998 are as shown in the table. ance, consultancy and other costs to date in

Security Maintenance & Other Costs

\\ Murphy Barracks, Ballincollig # 1,120,604 257,113* Fitzgerald Camp, Fermoy # 330,813 42,633 Castleblayney Military Post # 131,289 10,548 Devoy Barracks, Naas # 472,654 16,959 Magee Barracks, Kildare # 123,291 15,677 Clancy Barracks, Dublin # 649,441 203,089 # now sold or no longer in the administration of my Department — no further costs will be incurred by the Department of Defence. * includes costs relating to the integrated area action plan.

Question No. 26 answered with Question Question No. 24 answered with Question No. 22. No. 22. Defence Forces Property. International Terror Attacks. 27. Mr. Timmins asked the Minister for 25. Mr. Sherlock asked the Minister for Defence if he will agree to give some land to Defence if his attention has been drawn to Wicklow County Council at Leitrim Cemetery, reported comments from the Chief of Staff of the Glen of Imaal, County Wicklow, to assist in the Defence Forces (details supplied), that security development of a graveyard extension; and if he measures to protect the State against inter- will make a statement on the matter. [24046/04] national terror attacks must be kept at a high level here in the wake of the Madrid atrocity; his Minister for Defence (Mr. O’Dea): It will be views on the Chief of Staff’s belief that Ireland possible to make land available to facilitate the may be seen as a soft target for terrorists unless extension of Leitrim Cemetery, Glen of Imaal, it tightens up security; and if he will make a state- County Wicklow. ment on the matter. [24182/04] Decentralisation Programme. Minister for Defence (Mr. O’Dea): I am aware of the comments of the Chief of Staff of the 28. Mr. Rabbitte asked the Minister for Defence Forces referred by the Deputy. These Defence if he will report an update on the decen- comments were made in the context of the launch tralisation plans for his Department announced of Defence Forces annual report for 2003 when as part of the budget for 2004; the number of staff the Chief of Staff explained the need for the who have agreed to relocate as part of the plan; Defence Forces to make contingency plans for a when the Civil Defence branch of his Department range of scenarios where the State may be at risk will be moved to Roscrea; if a building has been notwithstanding the fact that the risk may be seen acquired; and if he will make a statement on the as low. Having the appropriate security mechan- matter. [24196/04] isms in place will help ensure that Ireland is not seen as a soft target for international terrorists. Minister for Defence (Mr. O’Dea): The The most important defence against any terror- Government decision on decentralisation ist attacks is detection and prevention by the announced by the Minister for Finance in his security forces. While the Garda Sı´ocha´na have Budget Statement provides for the transfer of my the primary responsibility for law and order, one Department’s Dublin based Civil Service staff to of the roles assigned to the Defence Forces is the Newbridge, County Kildare. The number of staff provision of aid to the civil power, meaning in to be relocated to Newbridge is 200. The Govern- practice to assist, when requested, the Garda ment decision on decentralisation also provides Sı´ocha´na. The various components of the for the transfer of Defence Forces headquarters Defence Forces are active in this regard, provid- staff to the Curragh, County Kildare. A total of ing such assistance as is appropriate in specific 300 Defence Forces personnel are involved in the circumstances. relocation to the Curragh. A total of 385 person- The level of any terrorist threat to Ireland is nel, of whom 78 are serving in the Department, continually assessed. The advice available to me have declared an interest in relocating to would suggest that while the terrorist threat to Newbridge. Europe is high, it is low in regard to Ireland. The Office of Public Works is currently in dis- However, it is prudent that we take appropriate cussions with Kildare County Council regarding precautions and keep matters under continuous the possible acquisition of a site in Newbridge for review notwithstanding the low level of the threat the Department’s new headquarters. A site for and this is being done. the military headquarters has been selected and 135 Questions— 12 October 2004. Written Answers 136

[Mr. O’Dea.] Drug Testing Programme. initial meetings with the Office of Public Works 31. Ms O’Sullivan asked the Minister for have taken place. Defence the number of Defence Forces person- Part of the staff of the Civil Defence Board has nel tested to date under the new drug testing pro- moved to temporary accommodation in Roscrea gramme; the number who tested positive; the with effect from 10 September 2004. The Office action taken when a member tests positive; and if of Public Works, which has responsibility for the he will make a statement on the matter. provision of official accommodation for Depart- [24194/04] ments, is currently preparing tenders for the fit out of a leased building in Roscrea which will be Minister for Defence (Mr. O’Dea): Drug abuse the permanent accommodation for the Civil has long been recognised as a serious and escalat- Defence board. It is expected that this will be ing problem in our society and while there have available for occupation in the first part of 2005. been relatively few instances of drug related problems within the Defence Forces, it is recog- Overflight Approval. nised that the Defence Forces, as a component of the wider community, mirror the community at 29. Mr. Broughan asked the Minister for large. The implications of drug abuse in an organ- Defence if his Department has a role in isation where personnel have access to firearms investigating allegations concerning the alleged are too obvious to require elaboration. transfer of prisoners through Shannon Airport by A compulsory substance testing programme US forces; if he has made inquiries with the was introduced on 1 February 2002 as part of a Department of Foreign Affairs and the US auth- Defence Forces substance abuse programme fol- orities on this issue; and if he will make a state- lowing a long consultative process involving the ment on the matter. [24184/04] Office of the Attorney General, the Deputy 44. Ms Burton asked the Minister for Defence Judge Advocate General and the Defence Forces the role the Defence Forces play in regard to the representative associations. Prior to the launch of inspection of US weaponry being transported the programme, an education programme and through Shannon Airport; and if he will make a awareness briefings were conducted throughout statement on the matter. [24185/04] the Defence Forces. All personnel were issued with a booklet devised to inform them of the pur- 45. Mr. Gormley asked the Minister for pose of the new compulsory random drug testing Defence the result of the investigations he prom- programme, the administrative procedures ised according to a newspaper (details supplied) involved and the sanctions for those who test into reports that a Gulfstream jet, alleged to have positive. All necessary measures, including pre- illegally transported al-Qaeda suspects to Guan- enlistment screening, education, compulsory ran- tanamo Bay and Egypt, has made a number of dom drug testing, monitoring and sanctions, will landings at Shannon Airport; the reasons for be taken to maintain a drug free environment those flights; the type of cargo being carried, in within the Defence Forces. view of the allegations of illegal transports and The primary objective of compulsory random human rights violations; and if he will make a drugs testing is deterrence. To provide a credible statement on the matter. [24267/04] level of deterrent, the testing programme has been devised to maximise the possibility of ran- Minister for Defence (Mr. O’Dea): I propose dom selection for testing. A trained drugs testing to take Questions Nos. 29, 44 and 45 together. team is responsible for taking urine samples for Responsibility for the approval of overflights compulsory random testing throughout the and landings by foreign military aircraft lies with Defence Forces. Testing commenced on 14 Nov- my colleague the Minister for Foreign Affairs. In ember 2002 and the programme is now in its the case of civil aircraft and civil airports, the second year of operation. The target of testing responsibility lies with my colleague the Minister 10% of the Permanent Defence Force has been for Transport. I have no role in the investigation achieved. A member of the Permanent Defence of any allegations regarding any activity at Force, randomly selected, may be required, at any Shannon Airport. I have made my concerns and time, to provide a urine sample which will be views known regarding the alleged transport of tested for evidence of use of controlled drugs, the prisoners and terrorist suspects through Shannon abuse or misuse of other substances or for the Airport. However, I am led to understand that detection of the metabolites thereof. A member there is no substance to the allegations. of the PDF who refuses to provide a urine sample The Defence Forces have no role in the inspec- or who provides a urine sample which tests posi- tion of US weaponry being transported through tive shall be liable to retirement, discharge or Shannon. Defence Forces personnel are deployed relinquishment of commission or withdrawal of at Shannon Airport in an aid to the civil power cadetship as appropriate under the provisions of role, providing assistance to the Garda at its Defence Force regulations. request to ensure the security of the facility. I have been advised by the military authorities that a total of 2,047, all ranks, have been tested to Question No. 30 answered with Question date. There have been eight positive tests. Where No. 14. personnel have confirmed positive test results, 137 Questions— 12 October 2004. Written Answers 138 they are discharged or retired in accordance with the House during the current session. The heads the relevant regulations. of the Curragh of Kildare Bill were approved by Government on 21 July 2004 and the Attorney Overseas Missions. General has been formally requested to initiate 32. Ms Lynch asked the Minister for Defence the drafting of the Bill. I anticipate that the Bill his views on the concerns of the Defence Forces’ will be ready for publication by mid-2005. Chief of Staff that Ireland must take seriously the Defence Forces Strength. possibility of a dirty bomb being used to target Irish soldiers serving overseas; the measures 34. Ms McManus asked the Minister for being taken to protect Irish soldiers from such an Defence if he envisages a further reduction in attack; and if he will make a statement on the Defence Forces personnel, in view of the ongoing matter. [24189/04] reduction of 250 staff; if this reduction in staff affects Ireland’s ability to deal with the current Minister for Defence (Mr. O’Dea): I am aware terrorist threat; and if he will make a statement of the comments of the Chief of Staff of the on the matter. [24190/04] Defence Forces referred by the Deputy. These comments were made in the context of the launch Minister for Defence (Mr. O’Dea): The White of Defence Forces annual report for 2003, when Paper on defence in February 2000 provided for he outlined the new type of equipment and train- an overall strength of 10,500 for the Defence ing needed to safeguard further personnel being Forces with the option of an additional 250 deployed on overseas service. In this regard, the recruits in training at any one time. In the event, Chief of Staff acknowledged that the possibility no operational requirement to exercise the of a dirty bomb being used against our forces additional 250 option arose. It was decided, hav- operating overseas is taken into consideration in ing regard to training requirements, an assess- formulating procurement and training ment of the defence and security environment programmes. and for budgetary planning purposes, that the The safety and welfare of Irish personnel serv- option could be phased out. The special provision ing overseas is of paramount concern to me as for up to an additional 250 recruits in training, Minister for Defence and to the Government. I over and above the 10,500 figure, no longer am advised that a continual threat assessment has applies. In future, recruits in training will be pro- always and continues to be conducted to ascertain vided for within the overall White Paper strength the level of threat or danger to which Irish soldi- of 10,500 for the Permanent Defence Force. ers serving overseas may be exposed. In the It is my intention to maintain the established present climate of international terrorism and Government policy of ongoing recruitment to the threats from dissident groups, force protection Defence Forces. Recruitment into the Permanent remains a high priority for our troops. While no Defence Force will continue to maintain the absolute guarantees can be given with regard to strength at the level set out in the White Paper the safety of troops serving on overseas missions, as required to meet military needs. From January it is my policy to ensure that the Defence Forces 2004 to date there has been an intake of 278 gen- personnel are adequately equipped to carry out eral service recruits. The requirements for further their mission. intakes are reviewed on an ongoing basis. Troops selected for overseas service undergo a It is important to note that the baseline White rigorous programme of training and are issued Paper strength figure of 10,500 is being main- with a modern range of weapons and equipment. tained and I envisage no reduction in that. I am All Irish soldiers serving overseas are provided also satisfied that the current strength is adequate with personal protective equipment to protect to meet all needs arising at home and overseas. themselves from the possibility of a nuclear-bio- logical-chemical or NBC attack. NBC reconnais- Question No. 35 answered with Question sance and survey equipment together with decon- No. 9. tamination equipment has been acquired and is deployed in accordance with the threat level per- Official Engagements. taining in the theatre of operations. In addition, 36. Mr. Boyle asked the Minister for Defence sufficient equipment has been purchased to date if he will report on the September 2004 meeting by the Defence Forces to provide individual pro- of EU Defence Ministers in Noordwijk in the tection suits to all Irish personnel serving Netherlands; the agenda for the meeting; and if overseas. he will make a statement on the matter. [24269/04] Proposed Legislation. Minister for Defence (Mr. O’Dea): The infor- 33. Mr. Penrose asked the Minister for Defence mal meeting of EU Defence Ministers held at his legislative priorities for the new Da´il session; Noordwijk in the Netherlands on 17 September and if he will make a statement on the matter. 2004 was attended by my predecessor, Deputy [24192/04] Michael Smith. I welcome the opportunity to con- Minister for Defence (Mr. O’Dea): Idonot tinue with my predecessor’s practice of ensuring anticipate that I will bring any legislation before that the House is kept abreast of developments 139 Questions— 12 October 2004. Written Answers 140

[Mr. O’Dea.] include the protection and guarding of vital in the European security and defence policy, installations, the provision of certain security ESDP, and on issues discussed at ministerial escorts and so forth. The Garda requested the meetings. support of the Defence Forces for the visit last The meeting in Noordwijk focused on the con- June of the US President during the US-EU sum- tinued development of the European Union’s mit. I am advised that approximately 2,262 military capabilities to carry out crisis manage- members of the Permanent Defence Force were ment operations. The key focus in this regard was deployed on security duties in connection with on addressing the remaining shortfalls of the the visit. headline goal 2003 and the achievement of the The total additional costs incurred by the qualitative objectives of the headline goal for Defence Forces in the provision of assistance to 2010. The meeting also provided an opportunity the Garda Sı´ocha´na on 25 and 26 June 2004 for Ministers to monitor the preparations for the amounted to approximately \448,000. A break- forthcoming EU Operation Althea in Bosnia- down of these costs is as follows. Herzegovina. In this regard, the EU is working The additional cost of the Army’s involvement towards a smooth and timely handover from the in the visit amounted to \380,000, which com- current NATO led stabilisation force, SFOR, to prised \347,000 for security duty allowance, sub- the EU before the end of this year. Operation sistence, food and fuel; \24,000 for the purchase Althea will represent a significant milestone for of equipment, including fire fighting and catering the European security and defence policy as both equipment and electrical materials; and \9,000 for civilian and military instruments from the EU will hire of equipment, including ancillary support be engaged with the Bosnian authorities in their equipment such as generators, toilets and efforts towards post-conflict resolution and refrigeration units. The additional cost incurred stabilisation. by the Naval Service amounted to \7,000, which During the working lunch there was an infor- comprised mainly security duty allowance. mal discussion on ESDP and the fight against ter- Additional costs incurred by the Air Corps came rorism which is primarily an issue for justice and to \61,000, which included security allowances, home affairs ministries. Afterwards, the meeting subsistence and food. concentrated on the EU’s efforts to develop a military rapid response capability as reflected in Defence Forces Recruitment. both the EU security strategy and the headline goal for 2010. This included discussion on initiat- 38. Ms Shortall asked the Minister for Defence ives which have been taking place towards the if he has satisfied himself with the current level development of the 2010 headline goal objective of female membership of the Defence Forces; if of creating coherent and credible rapidly he will prioritise the recruitment of greater deployable military force packages, known as numbers of women into the Defence Forces; the battle groups. These initiatives will form the main current number of females in the Defence Forces focus of a capability commitment conference for the latest date for which figures are available; which will be hosted by the Dutch Presidency in and if he will make a statement on the matter. November. [24193/04] The meeting also received a presentation on 72. Mr. Durkan asked the Minister for proposals for the development of capabilities in Defence the strength of the Army, Naval Service the field of strategic transport and the practical and Air Corps, male and female; and if he will steps which could be taken to ensure the avail- make a statement on the matter. [24531/04] ability of transport solutions by 2007. Finally, the meeting was briefed on an initiative to create a Minister for Defence (Mr. O’Dea): I propose European gendarmerie force, EGF, on which to take Questions Nos. 38 and 72 together. France, Italy, Portugal, Spain and the Nether- The White Paper on defence of February 2000 lands have been working since October 2003 and sets out a figure of 10,500 personnel for the Per- which will be drawn from those member states. manent Defence Force, comprising 930 for the Air Corps, 1,144 for the Naval Service and 8,426 EU Presidency. for the Army. It is my intention to maintain the established Government policy of ongoing 37. Mr. S. Ryan asked the Minister for Defence recruitment to the Defence Forces to maintain the total costs to his Department arising from the the strength at a level required to meet military visit of US President, Mr. George W. Bush, in needs and as set out in the White Paper, that is, June 2004; and if he will make a statement on the 10,500 in the Permanent Defence Force, all ranks. matter. [24197/04] The Government remains fully committed to the Minister for Defence (Mr. O’Dea): The Garda policy of ongoing recruitment to ensure that an Sı´ocha´na has the primary responsibility for law overall PDF strength of 10,500 is achieved and and order, including the protection of the internal maintained. security of the State. Among the roles assigned to The strength of the Army, Air Corps and Naval the Defence Forces is the provision of aid to the Service and the number of personnel by rank and civil power, meaning in practice to assist the gender within these services, as advised by the Garda Sı´ocha´na, when requested, which duties military authorities, is provided in the 141 Questions— 12 October 2004. Written Answers 142 accompanying tabular statement. The figures pro- To encourage increased participation by vided are as at 31 July 2004 in respect of the women in the Defence Forces my predecessor Army, Air Corps and Naval Service. The Govern- decided in March 1998 to reduce the height ment is committed to a policy of equal oppor- requirement for all female recruits to 5’ 4” and tunity for men and women in the Defence Forces, this height requirement now also applies to male including the Reserve Defence Force, and to the recruits. The Defence Forces actively encourage full participation by women in all aspects of female applicants by advertising — where poss- Defence Forces activities. ible, all graphical advertisements and booklets Women are eligible for service in the Army, produced for the Defence Forces show both male and female personnel and emphasise that all Air Corps, Naval Service and in the Reserve applicants are assessed on an equal basis; recruit- Defence Force and to compete for promotion on ment fairs — stands at recruiting fairs are gener- an equal basis and under the same general con- ally staffed by male and female personnel; and ditions as those which apply to men. Female visits to schools — when the Defence Forces are officers are generally being promoted at the same invited to give talks at all female or at mixed stage in their career as male officers. All female schools, every effort is made to have a female personnel undergo the same training and receive speaker. the same military education as their male Over the past six years, the strength of female counterparts. Under the terms of the Employ- personnel in the Defence Forces has grown from ment Equality Act 1998, the Defence Forces are 244 at the end of 1997 to 496 the end of July 2004. prohibited from operating recruitment policies This constitutes an increase of 100% in the that discriminate on grounds of gender. number of females serving over this period.

Strength of the Defence Forces

31 July 2004

Lt. Maj Brig Col Lt Comdt Capt Lt Total SM Bqms CS Cqms Sgts Cpls Total Ptes Cadet Total Gen Gen Gen Col Offrs NCOs

Army 1 3 6 38 124 348 291 247 1,058 35 41 133 247 1.048 1,549 3,053 4,364 49 8,524 Air Corps 0 0 1 2 13 34 29 58 137 8 4 49 15 134 197 407 329 10 883 Naval Serv. 0 0 1 2 13 41 19 60 136 7 7 75 16 202 190 497 409 28 1,070

Strength of Females in the Defence Forces

31 July 2004

Lt. Maj Brig Col Lt Comdt Capt Lt Total SM Bqms CS Cqms Sgts Cpls Total Ptes Cadet Total Gen Gen Gen Col Offrs NCOs

Army 0 0 0 0 1 14 34 33 82 0 0 3 1 9 89 102 220 7 411 Air Corps 0 0 0 0 0 0 2 1 3 0 0 1 0 0 7 8 10 1 22 Naval Serv. 0 0 0 0 0 0 2 15 17 0 0 0 0 0 2 2 40 4 63

Strength of Males in the Defence Forces

31 July 2004

Lt. Maj Brig Col Lt Comdt Capt Lt Total SM Bqms CS Cqms Sgts Cpls Total Ptes Cadet Total Gen Gen Gen Col Offrs NCOs

Army 1 3 6 38 123 334 257 214 976 35 41 130 246 1,039 1,460 2,951 4,144 42 8,113 Air Corps 0 0 1 2 13 34 27 57 134 8 4 48 15 134 190 399 319 9 861 Naval Serv. 0 0 1 2 13 41 17 45 119 7 7 75 16 202 188 495 369 24 1,007

Defence Forces Strength. Corps; and if he will make a statement on the matter. [24532/04] 39. Mr. Gogarty asked the Minister for Defence his priorities for the Defence Forces dur- Minister for Defence (Mr. O’Dea): I propose ing this term of Da´il E´ ireann. [24277/04] to take Questions Nos. 39 and 73 together. My vision for the development of the Defence 73. Mr. Durkan asked the Minister for Defence Forces and my priorities are set out in the White his vision for the development of the Defence Paper on defence and in the programme for Forces in the future; if he foresees an increase in Government. I intend to follow through on the the strength of the Army, Naval Service or Air implementation of the White Paper on defence 143 Questions— 12 October 2004. Written Answers 144

[Mr. O’Dea.] tion since my predecessor’s response to Question and the other commitments we have made to the No. 62 of 11 May last. ongoing modernisation and reform process and to In this regard, the Government’s White Paper ensure that the Defence Forces are equipped to on defence, published in February 2000, set out a meet challenges at home and overseas. I am satis- medium term strategy for defence covering the fied that the current strength of the Defence period up to 2010. A major objective of the Forces is adequate to meet all needs arising at strategy is to ensure that Ireland has a world class home and overseas and I foresee no increase in military organisation capable of carrying out the that strength. roles assigned to it by the Government, both at home and abroad. This objective requires an Defence Forces Operations. ongoing modernisation process, including an 40. Ms B. Moynihan-Cronin asked the Minister investment programme to ensure that the for Defence if it is anticipated that as a result of Defence Forces are properly equipped for these the Leeds Castle talks there will be a reduction roles. in the number of Border operations undertaken In seeking to modernise the Defence Forces, I by the Defence Forces; if there are plans to am conscious of the need to obtain the best poss- reduce the number of troops stationed close to ible efficiencies from existing resources. The dis- the Border with Northern Ireland in general; and posal of assets, for example, has been used as a if he will make a statement on the matter. method of financing our re-equipment pro- [24191/04] gramme, while the planning and review process of Partnership for Peace has been used as the Minister for Defence (Mr. O’Dea): The pri- forum for enhancing the ability of the Defence mary responsibility for internal security rests with Forces to operate effectively with contingents the Garda Sı´ocha´na. The Defence Forces, pursu- from other countries on Petersberg Task type ant to their role of rendering aid to the civil operations. In this way the Defence Forces have power, assist the Garda as required. Defence been able to make a valuable contribution to Forces Border operations are undertaken as aid peace support operations from within existing to civil power, ATCP, requests. The Defence resources. Forces also assist the Garda with prisoner escorts, With regard to financing of Petersberg Task cash escorts and explosives escorts. type operations, Ireland favours maximising a The demands on the Defence Forces for Bor- system of financing operations on the basis of der duty depend on the nature of the requests for costs lie where they fall. This is the basis on which assistance received from the Garda at any par- Ireland successfully participates in KFOR and ticular time. Since the Good Friday Agreement, SFOR and I envisage that our participation in the level of demand for Defence Forces assist- similar Petersberg Task type operations in the ance to the Garda in the Border area has reduced future will be similarly financed. The cost impli- significantly. However, there are no plans at cations of the operational activities of the present to reduce the number of Defence Forces Defence Forces are kept under continual review personnel stationed in posts in the Border area. in my Department. The question of the level of demand on the In addition, I am supportive of measures which Defence Forces in aid of the Garda in the Border may emerge within the European security and area will be kept under review in my Department defence policy which could lead to future in consultation with the relevant Departments as efficiencies in defence spending. For example, the well as with the Garda authorities. agreement reached during the Irish Presidency to establish a European defence agency in the field Defence Forces Review. of defence capabilities development, research, 41. Aengus O´ Snodaigh asked the Minister for acquisition and armaments, could by promoting Defence if he plans to undertake cost analyses such efficiencies yield economies of scale for the or cost projections with respect to the domestic procurement of equipment for the Defence implications of EU defence related measures Forces. The main focus of these measures is not agreed by the Government, including rapid reac- increasing defence expenditure, as the Deputy tion force deployments, the setting up of an EU suggests, but rather towards obtaining better armaments agency, the increased defence spend- value for existing spending levels. ing imperatives in the agreed EU security Both the development of the agency and the strategy and with respect to the Article 40 (3) development of an EU rapid response capability, provisions of the EU constitutional treaty. with an emphasis on supporting the United [24293/04] Nations in crisis management, are issues which are currently under development at EU level. Minister for Defence (Mr. O’Dea): Deputy O´ Much work remains to be done at EU level on Snodaigh has raised similar questions on a both these issues before any meaningful cost number of previous occasions. I can confirm that analysis of their implications can be usefully there has been no significant change in the posi- undertaken. In the context of the broader 145 Questions— 12 October 2004. Written Answers 146 development of the EU’s capacity to carry out nel are, therefore, obliged to serve overseas as both civilian and military crisis management part of their terms of employment. operations, Ireland has advocated that the EU Under the 1960 Act service with an inter- should prioritise the development of qualitative national United Nations force was confined to a aspects of capability development. I am aware force established for the performance of duties of that this view is shared by many of my ministerial a police character. The Defence (Amendment) colleagues at EU level at a time when the Act 1993 dispensed with this requirement. Any- majority of member states, including Ireland, has one entering the Permanent Defence Force on or no plans to increase their defence spending. after 1 July 1993 is liable for service under the I remind the Deputy that national sovereignty new arrangements. and voluntarism are, and will continue to be, the Raising troops for overseas missions is the fundamental underlying principles of partici- responsibility of the Chief of Staff. While pation in the European security and defence Defence Forces personnel are liable under their policy, ESDP. Accordingly, I do not consider that terms of enlistment for overseas service, the cur- the issues he raised regarding the European rent system for filling appointments on overseas security strategy and the draft constitutional units is generally by volunteers. It is only in cir- treaty will alter current Government policy in cumstances where the requisite volunteers are this area. not available that personnel are mandatory selec- ted. I am advised that there is a shortage of vol- Overseas Missions. unteers in certain technical grades. However, I understand that no more than 15 of the 435 per- 42. Mr. Wall asked the Minister for Defence if sonnel deployed with the 91st Infantry Battalion his attention has been drawn to recent comments currently serving with UNMIL were mandatory from the vice-president of PDFORRA that selected. Defence Force personnel are being coerced into The criteria for selection of volunteers for serving on overseas missions by their superiors overseas service are broadly as follows: com- while troops who have volunteered to serve are petence and suitability; professional expertise; being overlooked; if there is a shortage of skilled recommendations from reporting officers; senior- troops to undertake tasks overseas; and if he will ity; health and age; family and social con- make a statement on the matter. [24240/04] siderations. 43. Mr. Sargent asked the Minister for Defence Questions Nos. 44 and 45 answered with Ques- if there has been a change in the principle of vol- tion No. 29. untarism for soldiers participating in international Registration of Deaths. UN missions; and if he will make a statement on 46. Mr. Neville asked the Taoiseach the the matter. [24284/04] number of deaths which were registered as unde- Minister for Defence (Mr. O’Dea): I propose termined for each year between 2003 and 2004 to take Questions Nos. 42 and 43 together. inclusive. [24170/04] The Defence (Amendment) (No. 2) Act 1960 Minister of State at the Department of the provides that an officer appointed or a man Taoiseach (Mr. Kitt): The following table pro- enlisted after the date of its passing is liable to vides details on the number of deaths registered serve outside the State with a contingent of the in 2003 as injury undetermined whether acciden- Permanent Defence Force despatched for service tally or purposely inflicted. The classification is in with international forces established by the accordance with the International Classification United Nations. With the passage of time since of Diseases Revision 9 — ICD Rev 9. Corre- 1960 all personnel of the Permanent Defence sponding information for 2004 will not be avail- Force are now liable for such service. All person- able until May 2005.

External Cause of Death Males Females Total

E980 Poisoning by solid or liquid substances, undetermined whether accidentally or purposely inflicted 20 6 26 E981 Poisoning by gases in domestic use, undetermined whether accidentally or purposely inflicted 101 E982 Poisoning by other gases, undetermined whether accidentally or purposely inflicted 1 0 1 E983 Hanging, strangulation or suffocation, undetermined whether accidentally or purposely inflicted 202 E984 Submersion [drowning], undetermined whether accidentally or purposely inflicted 10 2 12 E985 Injury by firearms and explosives, undetermined whether accidentally or purposely inflicted 101 E986 Injury by cutting and piercing instruments, undetermined whether accidentally or purposely inflicted 202 147 Questions— 12 October 2004. Written Answers 148

External Cause of Death Males Females Total

E987 Falling from high place, undetermined whether accidentally or purposely inflicted 1 1 2 E988 Injury by other and unspecified means, undetermined whether accidentally or purposely inflicted 505 E989 Late effects of injury, undetermined whether accidentally or purposely inflicted 0 0 0

E980-E989 Injury undetermined whether accidentally or purposely inflicted 43 9 52

Departmental Expenditure. Minister of State at the Department of the Taoiseach (Mr. Kitt): The information requested 47. Ms Enright asked the Taoiseach the amount of money paid out by his Department in legal by the Deputy is contained in the following fees; the details of the firms paid the greatest statement. amount of fees; the amount of money paid out in Estimated number of overseas visits to Ireland, expenditure legal settlements; the number of such settlements; by overseas visitors to Ireland and average expenditure of the number of claims against his Department for overseas visitors to Ireland 1997-2003 the most recent 12-month period; and if he will make a statement on the matter. [24052/04] Visits Expenditure Average ’000 \m Expenditure The Taoiseach: A total of \3,043,973 has been \ spent by my Department on legal fees in the 12 month period from 1 October 2003 to 30 Sep- 1997 5,164 1,981 384 tember 2004. This total is made up of legal fees in 1998 5,716 2,134 373 respect of the legal team of the Moriarty tribunal, 1999 6,068 2,280 376 \2,603,085, and the independent commission of 2000 6,310 2,617 415 \ inquiry, 440,887. No other payments have been 2001 5,990 2,893 483 made in respect of legal fees. 2002 6,065 3,045 502 An amount of \14,049 has been paid in a legal 2003 6,369 3,198 502 settlement in this period. There was one settle- ment in the period. A further payment of \8,870 will be paid shortly in respect of this claim. The The latest CSO figures for 2004 show that there total cost of the legal settlement, including costs, \ were 2,974,000 overseas visits to Ireland in the is 22,916. first six months of the year, with an estimated 48. Ms Enright asked the Taoiseach the expenditure of \1.401 billion. This compares to amount of money paid out by his Department in 2,822,000 overseas visits in the first six months of public relations fees; the name of the firm that 2003, with an estimated expenditure of \1,317 was paid the highest amount; the amount paid to million. The average expenditure per visit a firm (details supplied); the amount of money increased from \467 in the first six months of paid out by his Department in other consultancy 2003 to \471 in the same period for 2004. fees; the name of the firm or person paid the highest amount for the most recent 12-month Industrial Development. period; and if he will make a statement on the 50. Mr. Kehoe asked the Minister for matter. [24053/04] Enterprise, Trade and Employment the number of site visits which have been organised by the \ The Taoiseach: A total of 150,473 has been IDA to the new IDA park on the Dublin Road, spent by my Department on public relations fees Carlow; and if he will make a statement on the in the 12-month period from 1 October 2003 to matter. [24042/04] 30 September 2004. Fleischman Hilliard Saund- ers, who are retained by the Information Society Minister for Enterprise, Trade and Employ- Commission to provide PR services, received the ment (Mr. Martin): IDA Ireland is the agency highest amount. There were no payments made with statutory responsibility for the attraction of to the company named by the Deputy. In the foreign direct investment, FDI, to Ireland and its same period, a total of \353,396 was spent on regions. The management of IDA Ireland’s other consultancy fees. Red Dog Design, which industrial property portfolio, including decisions provided consultancy services in connection with regarding location and size of land owned by Ireland’s Presidency of the EU, received the IDA, are day to day operational matters for the highest amount. agency and not matters in which I have a function. Tourism Industry. In line with its strategy of achieving balanced regional development in Ireland, marketing Car- 49. Mr. R. Bruton asked the Taoiseach the low town as a potential location for investment number of tourists in each of the years 1997 to is a major focus for IDA. At present, there are 2004 (details supplied); the aggregate value of tourism in each of those years; and the estimated currently five IDA supported companies located average spend per tourist in each of those in Carlow, employing 896 people. These include years. [23971/04] Braun and Lapple, which have over 700 employees between them. The continued com- 149 Questions— 12 October 2004. Written Answers 150 mitment by IDA Ireland to Carlow is evidenced ex gratia fund of \24.5 million provided by the by the recent development of a flagship business shareholders. It is expected that these additional and technology park on the Dublin road. The claims will have the effect of reducing the pro- Carlow business and technology park is part of spective dividend to unsecured creditors gener- a national network of high specification business ally. It must be emphasised that the amount to be parks being developed by IDA Ireland. These paid in due course in respect of such claims is a parks will significantly enhance the attractiveness matter solely for determination by the liquidator. of county towns for overseas investment. Site development works were completed on the 52. Mr. Morgan asked the Minister for Carlow business and technology park in 2003 and Enterprise, Trade and Employment if he will take planning permission has recently been granted action to rectify the situation whereby former for the construction of a 17,600 sq. ft. advance workers at the Irish Fertiliser subsidiary (details office building on the park. Construction is supplied) in Belfast received inferior severance expected to commence after the appeal period of packages, particularly with respect to pensions, the planning permission has elapsed. Now that following the closure of that plant compared to planning permission has been received, IDA will their counterparts at the IFI plants in Carlow and be marketing the new office building as well as Cork which closed at the same time. [24084/04] the green field sites available on the park. IDA Ireland continues to actively market Car- Minister for Enterprise, Trade and Employ- low town and the new business and technology ment (Mr. Martin): ICI and the State, the share- park through its network of overseas offices. IDA holders in IFI, while there was no legal obligation to do so, established a special fund with almost has informed me that one itinerary has already \ visited the new park. Although there are no site 24.5 million to provide ex gratia severance pay- visits planned for the immediate future, IDA is ments to the former employees of IFI. All appli- cations from employees to the ex gratia fund of confident that there will be a high degree of \ interest in the advance office building and green 24.5 million have now been processed. Payments field sites available on the park. I am confident from the fund were made were in accordance that the strategies and policies being pursued by with the basis for distribution determined by the IDA Ireland, together with the ongoing commit- trustee of the fund, which has been endorsed by ment of Government to regional development, a ballot open to all employees. The basis for dis- will bear fruit in terms of maximising new invest- tribution was the same for all employees regard- ment and jobs for the people of Carlow. less of location. In addition, employees would have had certain statutory redundancy and other Severance Payments. entitlements. While these would have varied somewhat, reflecting the different arrangements 51. Mr. N. O’Keeffe asked the Minister for in the two jurisdictions, I do not believe that this Enterprise, Trade and Employment when resulted in significant variances in overall sever- additional moneys will be awarded to former ance packages received. employees of IFI. [24064/04] As regards pensions, I am aware that Minister for Enterprise, Trade and Employ- employees based in Belfast, who are deferred ment (Mr. Martin): ICI and the State, the share- pensioners of the Richardsons’ pension fund, are holders in IFI, while there was no legal obligation likely to receive much reduced pension entitle- to do so, established a special fund with almost ments and that the staff in question are under- \24.5 million to provide ex gratia severance pay- standably aggrieved about this position. The spec- ments to the former employees of IFI. All appli- ific financial position of the Richardsons fund cations from employees to the ex gratia fund of appears to have arisen primarily from a combi- \24.5 million have now been processed. Payments nation of the statutory rules which apply on the from the fund were made in accordance with the winding up of a pension fund in the UK and a basis for distribution determined by the trustee of shortfall in the assets of the Belfast fund com- the fund, which has been endorsed by a ballot pared with its liabilities as a result of the fund open to all employees. In addition, all claims for trustees’ investment strategy coupled with a sig- statutory redundancy and other statutory entitle- nificant fall in the equities market. ments, that have been established, have been I understand that the UK Government has processed. announced proposals to deal with the issue of The liquidator has also advised me that, based pension shortfalls arising from insolvencies but I on legal advice received, he has admitted, as am not aware of the impact, if any, this may have unsecured creditors in the liquidation, claims on the shortfall in the Richardsons scheme. In from the employees of the company to have addition, I understand that the trustees of the entitlements to enhanced redundancy payments. Richardsons scheme have submitted a claim to It is estimated that these claims increase the total the liquidator of IFI, though the status of this value of unsecured creditors compared with the claim has not yet been established. statement of affairs produced by the board in While I have the utmost sympathy for the November 2002 by more than \60 million, though plight of the members affected by the shortfall any dividend payable to the workers concerned that has arisen in the scheme, I am satisfied that will be reduced by the amounts received from the the Irish Government does not have any obli- 151 Questions— 12 October 2004. Written Answers 152

[Mr. Martin.] Job Losses. gations in respect of the shortfall which the pen- 54. Mr. Hogan asked the Minister for sion scheme faces and I do not see any basis on Enterprise, Trade and Employment if his atten- which we could reasonably be expected to make tion has been drawn to the considerable loss of good the shortfall involved. employment recently in the printing industry here; the measures that will be taken to ensure EU Funding. that all Departments and semi-State organis- 53. Mr. Hogan asked the Minister for ations will be in a position to support the industry Enterprise, Trade and Employment if inclusions in terms of printing contracts; and if he will make had been reached in respect of the applications of a statement on the matter. [24086/04] misappropriation of funds in respect of a person Minister for Enterprise, Trade and Employ- (details supplied) in County Dublin. [24085/04] ment (Mr. Martin): The Irish paper, print and packaging sector comprises approximately 600 Minister for Enterprise, Trade and Employ- companies. It employs in the region of 18,000 ment (Mr. Martin): In 1996, a project undertaken people and has estimated sales of \1.6 billion per by an organisation was approved for grant assist- annum. However, overcapacity in the sector has ance of up to \104,000 by my Department under resulted in rationalisation and consolidation. A the EU-funded small business operational pro- number of companies have downsized and closed gramme. In accordance with the normal pro- and further rationalisation is expected. Outsourc- cedures for the relevant measure, an initial grant ing is likely to continue to be an option for parts of 50% of the total approved was made at that of the manufacturing process. time, while a further grant of 30% was issued in In June 2002, the print industry training and September 1997 following the submission of a development forum was established and, for the progress report on the project by the first time ever, all the participants in the paper, organisation. print and packaging industry came together to On 29 January 1999, the Department was respond to a rapidly changing environment. The advised by the relevant organisation that it purpose of the forum is to represent and promote appeared to the organisation that it had received the needs of its members in order to move the an overpayment from the Department in respect industry towards international best practice. State of expenses amounting to £16,500 on foot of agencies, including Enterprise Ireland, are rep- which a grant had been paid at the rate of 75%. resented on the forum. In addition, Enterprise Ireland meets with the federation on a quarterly At a meeting with the Department on 5 March basis. 1999 to discuss this matter, the organisation With regard to the print sector generally, advised the Department that it had decided to Enterprise Ireland’s primary objective is to alert the Garda fraud squad to suspected irregu- develop additional export sales and to establish larities in relation to the claims submitted to the overseas market presence. In terms of jobs, Department for funding for the project. The activity is focused on the creation of new jobs Department was advised that the fraud squad had through supporting entrepreneurs setting up new been alerted to the organisation’s concerns about high potential start-up companies and the reten- invoices in the amount of £16,500 received from tion and creation of jobs in existing companies. a supplier of services to the organisation which Research is also supported in companies and had been used to support the drawdown of funds third level institutions. Enterprise Ireland will from the Department. The Department was continue to focus its support on key areas that advised that the organisation’s auditors had also address the needs of clients in both the print and been informed about the matter and that the packaging sectors. Department would be kept informed about In addition, FA´ S, in association with developments. At that stage, the Department sus- Enterprise Ireland and employers and unions pended any further payments in respect of this within the industry, has undertaken a study of the project pending the conclusion of the investi- paper and printing industry. Its report, which will gations into the matter. be available in early December 2004, will provide On 23 June 2000, the organisation wrote to the a strategic analysis of the current competitive Department and confirmed that an extensive position of the industry and will include a range of recommendations on the development of investigation by their auditors had found no evi- appropriate business models and skills sets for dence of fraud and that, following a fraud squad the sector. investigation, a file had been referred to the Finally, as regards printing contracts, under Director of Public Prosecutions who had decided public procurement legislation and European that there were no grounds for action. The organ- Union treaty principles, public contracts must be isation indicated that it had accepted the results awarded on the basis of an open, fair and non- of these investigations and, accordingly, the discriminatory process. As the public procure- invoices, which had been the subject of the inves- ment regime is underpinned by statute, support in tigations, were paid by the organisation on 23 the form of discrimination in the award of public June 2000. contracts is precluded. 153 Questions— 12 October 2004. Written Answers 154

Severance Payments. incorrect or incomplete are not regarded as valid applications and are returned to the employer 55. Mr. Hogan asked the Minister for Enterprise, Trade and Employment if he will for completion. review the decision of his predecessor not to pro- ceed with the enhanced redundancy payments for Hazardous Substances. workers at a company (details supplied) in 58. Mr. P. Breen asked the Minister for County Kilkenny; if legal obstacles exist to Enterprise, Trade and Employment if, with prevent the retrospective payments to these respect to each of the top tier Seveso establish- workers in view of commitments made by his pre- ments designated in accordance with the terms of decessor; and if he will make a statement on the EC COMAH Directive 96/82/EC, also known as matter. [24177/04] Seveso 2, as implemented by SI 476 of 2000 and Minister of State at the Department of SI 600 of 2001, he will outline in tabular form the Enterprise, Trade and Employment (Mr. name and location of each such establishment, its Killeen): The position is that nothing further can designated consultation distance, the area of its be done regarding enhanced statutory redun- consultation zone and the number of landowners dancy payments for the workers concerned. I, like whose properties are injuriously affected by each my predecessor, am bound by the legal advice such designation; and if he will make a statement that was to the effect that no retrospection would on the matter. [24342/04] be possible. This follows from the principle estab- 59. Mr. P. Breen asked the Minister for lished by the courts that the Legislature cannot Enterprise, Trade and Employment if, with impose retrospective financial obligations on the respect to each of the lower tier Seveso establish- employers or indeed impose such obligations ments designated in accordance with the terms of without due notice. It was therefore not possible EC COMAH Directive 96/82/EC, also known as to apply the new provisions agreed under Sustain- Seveso 2, as implemented by SI 476 of 2000 and ing Progress to the workers concerned as they SI 600 of 2001, he will outline in tabular form the were made redundant some time before the new legislation came into effect. name and location of each such establishment, its It is not possible to make ex gratia payments to designated consultation distance, the area of its the workers concerned. There are thousands of consultation zone and the number of landowners workers in similar circumstances. It would be whose properties are injuriously affected by each unreasonable to make special arrangements for such designation; and if he will make a statement one group of workers. The only conclusion is that on the matter. [24343/04] retrospective or ex gratia payments are not Minister of State at the Department of possible. Enterprise, Trade and Employment (Mr. Killeen): I propose to take Questions Nos. 58 and Employment Support Services. 59 together. 56. Mr. Morgan asked the Minister for The following table provides the list of estab- Enterprise, Trade and Employment the amount lishments that have been notified to the Health of funding which was allocated to the social econ- and Safety Authority, HSA, as coming within the omy programme in 2002, 2003 and 2004. scope of the European Communities (Control of [24248/04] Major Accident Hazards Involving Dangerous Substances) Regulations 2000. It also indicates Minister of State at the Department of their tier status; 1 for upper tier, 2 for lower tier. Enterprise, Trade and Employment (Mr. A number in [ ] indicates an expected change in Killeen): A total allocation of \351 million is being provided in 2004 to support up to 25,000 status arising from implementation of Directive places across the three FA´ S employment schemes 2003/105/EC of the European Parliament and of — community employment, job initiative and the the Council of 16 December 2003 amending social economy programme. Of this, \42.5 million Council Directive 96/82/EC on the control of is earmarked for the social economy programme. major accident hazards involving dangerous sub- This compares with funding of \20.5 million in stances. Finally, the associated consultation dis- 2002 and \36 million in 2003. tances are provided including an indication as to whether generic area advice has been tendered. Work Permits. To enable the proper implementation of the land-use planning provisions of the regulations, 57. Mr. Hogan asked the Minister for the authority provided planning authorities with Enterprise, Trade and Employment when a a consultation distance for each establishment so decision will be made regarding a work permit for that relevant planning applications will be a person (details supplied) in Dublin 8; and if he addressed to the HSA for consultation. There is will make a statement on the matter. [24340/04] an ongoing programme of providing planning Minister for Enterprise, Trade and Employ- authorities with generic area advice so that there ment (Mr. Martin): There is no record in my will not be a need to refer individual planning Department of a valid work permit application applications to the HSA in the future. As such in this case. Work permit applications which are advice is based on a detailed assessment of con- 155 Questions— 12 October 2004. Written Answers 156

[Mr. Killeen.] lishments. The HSA does not have data on the sequences and risks it is not possible to describe areas enclosed within the consultation distances it in terms of a simple distance. nor on the number of landowners whose proper- A consultation distance is not an exclusion ties are within or beside such areas. The regime zone, it is the zone within which the HSA judges of consultation distances is a necessary measure it necessary for the provision of advice; such to enable Ireland to comply with the EU direc- advice tendered by the HSA is based on a con- tives on major hazards with a view to ensuring sideration of the proposed development and the future sensible and sustainable land-use nature of the hazards posed by the relevant estab- development.

Seveso Sites Address Status Consultation Comment distance

CE-PIU ESB Moneypoint Power Generation Co. Clare 2 300m Station CE-PIU Roche (Ireland) Ltd. Clarecastle, Co.Clare 2 1,000m Generic Advice issued subsequently CE-PIU Shannon Environmental Services Smithstown, Co.Clare 2 1,000m Ltd. CE-PIU Shannon Explosives Ltd, Cahercon, Kildysart, Co. Clare 2 1,000m Generic Advice issued (Proposed) subsequently CE-PIU Schwarz Pharma Ltd. (Sifa Ltd.) Sifa Shannon Industrial Estate, 2 1,000m Generic Advice issued Complex, Shannon Co. Clare subsequently CE-PIU Shannon Aviation Fuels (A Division Shannon Airport, Co. Clare 1 300m of Aer Rianta) CK-PIU BOC (Irl)Ltd., Little Island. Co. Cork 2 700m CK-PIU Calor Gas Ltd. Whitegate. Co. Cork 1 600m CK-PIU Cognis Ireland Ltd. (formerly Little Island. Co. Cork 2[1] 1,000m Henkel Irl.) CK-PIU ConocoPhillips Bantry Terminals Bantry, Co. Cork 1 300m Ltd. CK-PIU Derrymore Agencies Ltd., Quarterstown Industrial Estate, 2 600m Mallow. Co. Cork CK-PIU Dynea Ireland Ltd. Marino Point, Cobh. Co. Cork 1 1,000m CK-PIU Eli Lily S.A., Dunderrow, Kinsale. Co. Cork 1 1,000m Generic Advice issued subsequently CK-PIU ESB Aghada power generation Whitegate, Aghada, Midleton, 1[2] 300m station Co. Cork CK-PIU SmithKline Beecham (Cork) Ltd Currabinny, Carrigaline. Co. 1 1,000m T/A GlaxoSmithKline (Cork) Cork CK-PIU Indaver Ireland Ltd, Ringaskiddy, Co. Cork 2 1,000m Generic Advice issued (proposed) subsequently CK-PIU Irish Distillers Ltd. Midleton. Co. Cork 1 300m CK-PIU Irish Oxygen Co. Ltd., Waterfall, Co. Cork 2 1,000m Generic Advice issued subsequently CK-PIU ConocoPhillips Whitegate Refinery Whitegate. Co. Cork. 1 1500m Ltd. CK-PIU Irish Shell Ltd., Centre Park Road. Cork 2 300m Generic Advice issued subsequently CK-PIU Cambrex Ltd (formerly Irotec Little Island Industrial Estate, 2 1,000m Laboratories Ltd.) Co. Cork CK-PIU Novartis Ringaskiddy Ltd., Ringaskiddy Co. Cork 2[1] 1,000m CK-PIU Pfizer Ireland Pharmaceuticals, Little Island, Co. Cork 2 1,000m CK-PIU Pfizer Ireland Pharmaceuticals, Loughbeg, Ringaskiddy, Co. 2 1,000m Cork CK-PIU Pfizer Ireland Pharmaceuticals, Ringaskiddy, Co. Cork 2 1,000m Ringaskiddy Drug Substance Plant, CK-PIU Pfizer Cork Ltd (Formerly Inchera, Little Island. Co. Cork 1 1,000m Generic Advice issued Pharmacia Cork Ltd) (2003) subsequently CK-PIU Premier Molasses Ltd., (proposed) Ringaskiddy, Co. Cork 2 Generic Advice issued CK-PIU Tervas Ltd., Knockburden, Co. Cork 2 600m C-PIU Calor Gas Ltd. Tivoli Industrial Estate 1 600m Generic Advice issued subsequently C-PIU Flogas Plc. Tivoli Industrial Estate. Cork 1 600m Generic Advice issued subsequently C-PIU Texaco Ireland Ltd. Cork No.1 Yard, Tivoli, Co. Cork (2003) 1[2] 300m Tivoli Industrial Estate, C-PIU Texaco Ireland Ltd. Cork No.2 Tivoli, Co. Cork (2003) 1[2] 300m 157 Questions— 12 October 2004. Written Answers 158

Seveso Sites Address Status Consultation Comment distance Yard, C-PIU The National Oil Reserves Agency ESB Marina Tank Farm, Centre 1 300m Ltd. Park Road, Cork. C-PIU Vita Cortex Ltd., Kinsale Road. Cork 2 1,000m Generic Advice imminient LK-PIU Inver Resources Ltd. (Proposed) Foynes, Co. Limerick 2 300m Generic Advice imminent LK-PIU Irish Bulk Liquid Storage Ltd., Foynes Island, Co. Limerick 1[2] 300m LK-PIU Irish Shell Ltd., Courtbrack Road, The Docks, Limerick 1 300m Generic Advice Limerick Texaco (Ireland) Ltd., imminent TY-PIU Merck Sharp Dohme(Irl) Ltd., Ballydine, Kilsheelan,Clonmel 1 1,000m Co. Tipperary WD-PIU Waterford Crystal, Dungarvan , Co Waterford 2 700m WD-PIU Waterford Crystal, Kilbarry, Waterford 2 700m CW—PIU Braun Ireland Ltd Dublin Road, Carlow 2 100m GY—PIU Irish Shell Ltd. New Docks, Galway 1[2] 300m GY—PIU Leeside Oil Company Ltd. New Docks, Galway 1[2] 300m KE—PIU Intel Ireland Ltd Celbridge, Co. Kildare 2 1000m KE—PIU Irish Industrial Explosives Ltd., Cluana, Enfield, Co Kildare 1 1000m LH—PIU Flogas Limited Marsh Road, Drogheda 1 600m Generic Advice issued subsequently LH—PIU Irish Flavours and Fragrances Ltd Donore Ind. Est., Drogheda, Co. 2 300m Subsequently reduced to Louth zero LH—PIU Irish Shell Ltd. Greenore Port, Greenore, Co. 1[2] 300m distance Louth from the bund wall of the site LH—PIU Marsh Oil Products Marsh Road, Drogheda 1[2] 300m Generic Advice issued subsequently LS—PIU Atlas Environmental Ireland Ltd. Clonminam Industrial Estate, 2[ ] 300m Portlaoise MO—PIU Ballina Beverages Ltd Killala Road, Ballina, Co Mayo 2 600m MO—PIU Brooklands Gas Company Ltd. Church Road, Ballina 2 600m MO—PIU Calor Kosangas Claremorris 2 600m Generic Advice issued subsequently MO—PIU Proposed — ShellE&P Belmullet, Co. Mayo 2 Within land holding MO—PIU ESB — Tawnaghmore Generating Twanaghmore, Ballina, Co. 1[ ] 300m distance Station Mayo of the bund wall MO—PIU Flogas Ltd. Claremorris Road, Ballyhaunis 2 600m OY—PIU ESB — Rhode Generating Station Rhode, Co. Offaly 1[2] 300m distance from the bund wall OY—PIU Isotron Ltd Sragh Ind. Est, Tullamore 2 600m Generic Advice issued subsequently RN—PIU Elan Corporation Plc. Monksland Industrial Estate, 2 1000m Athlone WX—PIU Campus Oil Limited Marsh Meadows, New Ross 1[2] 300m WX—PIU ESSO Ireland Ltd. Marsh Meadows, New Ross 1[2] 300m WW—PIU Honeywell-Iropharm plc Vale Road, Arklow 2 1000m WW—PIU Schering Plough (Avondale) Rathdrum 1 1000m Company DN—PIU Arch Chemicals BV Swords 2 1000m DN—PIU BMS Cruiserath T/A Swords Cruiserath Road, Mulhuddart, 2 1000m Laboratories D15 DN—PIU BOC (Irl) Ltd. Bluebell, Inchicore 2 700m DN—PIU Calor Teo Ltd. Tolka Quay Road, Dublin 1 1 600m DN—PIU Chemco (Irl) Ltd. T/A Chemsource Ballycoolin Rd. Cappagh, Dublin 2 700m 11 DN—PIU Contract and General Warehousing Westpoint Business Park, 1 700m Ltd. Mulhuddart DN—PIU Dublin Bay Power Pigeon House Road, Ringsend, 1[2] 300m distance Dublin 4 of the bund wall DN—PIU ESB Poolbeg Power Station Pigeon House Road, Ringsend, 1 300m distance 159 Questions— 12 October 2004. Written Answers 160

Seveso Sites Address Status Consultation Comment distance Dublin 4 from the bund wall DN-PIU ESB Northwall Generating Station Alexandra Road, Dublin 1 1[2] 300m distance from the bund wall DN—PIU ESSO Ireland Ltd, Dublin Joint Alexandra Road, Dublin 1 1 300m Fuels Terminal DN—PIU ESSO Ireland Ltd., Joint Storage Dublin Airport 2[ ] 300m Facility DN—PIU Helsinn Chemicals (Ireland) Ltd. Damastown IE, Mulhuddart 2 1000m DN—PIU Irish Shell Ltd., No. 1, Yard Alexandra Road Dublin 1 1[2] 300m DN—PIU Irish Shell Ltd., No. 2 Yard Alexandra Road Dublin 1 1[2] 300m distance from the bund wall of the site DN—PIU Irish Shell Ltd., No. 3 Yard Alexandra Road Dublin 1 1[2] 300m distance from the bund wall DN—PIU Leeside Oil Company Ltd. Yard 1. Promenade Road Dublin 1 1[2] 300m DN—PIU Leeside Oil Company Ltd. Yard 2 Tolka Quay Road, Dublin 1 2 300m DN—PIU Porposed — Minchem Ltd Alexandra Road, Dublin 1 1 Within land holding DN—PIU Swords Laboratories Ltd. Swords, Co. Dublin 2 1000m DN—PIU Tedcastle Oil Products Ltd. Yard 1 Promenade Road, Dublin 3 2 300m DN—PIU Tedcastle Oil Products Ltd. Yard 2 Promenade Road, Dublin 3 1 300m DN—PIU Tibbett and Britten Group (Ireland) Robinhood Road, Clondalkin, 2 300 m Ltd. Dublin 22 DN—PIU Tyco Healthcare (Ireland) Ltd., Damastown IE, Mulhuddart 2 1000m DN—PIU Univar Ireland Limited c/o H.A. Crosbie, Tolka Quay 1 700m Road, Dublin 1 DN—PIU Yamanouchi Ireland Company Ltd. Damastown IE, Mulhuddart, 2 1000m D15 DN—PIU Irish Rail, Inchicore Jamestown Road, Inchicore, 1[2] 300m distance Dublin 8 from the bund wall

Note: distance from perimeter unless stated otherwise

Company Closures. At this stage, considerable progress has been made on the liquidation and all secured and pref- 60. Ms Lynch asked the Minister for erential creditors have been, or are in the process Enterprise, Trade and Employment if his atten- of being, paid. However, as my predecessor, the tion has been drawn to the fact that the liquidator Ta´naiste, has always made clear, the position of of IFI has been legally advised that the shortfall unsecured creditors cannot be determined until of approximately \19 million to its Northern pen- all the assets of the company, including the com- sion fund should be accepted as a legitimate pany’s main production sites at Arklow and Mar- creditor on the assets of IFI; his views on whether ino Point in Cork, have been realised and all liab- this will further deplete the expected payout to ilities established. In this context, the price that is trade creditors and former employees; his further eventually achieved for the sale of the sites is views on the view previously expressed to Da´il clearly going to be a key determinant of the final E´ ireann (details supplied) by his predecessor; and position. I am also aware that significant if he will make a statement on the matter. additional claims from former employees have, [24366/04] on legal advice, been accepted by the liquidator. Minister for Enterprise, Trade and Employ- Clearly, the identification of significant additional ment (Mr. Martin): While I understand that a liabilities such as these, which were not reflected claim on the liquidation has been made by the in the statement of affairs prepared by the board trustees of the pension scheme covering the for- of IFI at the time of the liquidation, can be mer IFI employees in Belfast, I also understand expected to have an adverse impact on the pros- that the liquidator, in consultation with his legal pects for other unsecured creditors. and actuarial advisers, is still considering whether, and to what extent, this claim is admiss- Work Permits. ible. Until the status of this claim is established, 61. Mr. Curran asked the Minister for it is not possible to assess its implications, if any, Enterprise, Trade and Employment if the case of for other creditors of IFI, including the former a person (details supplied) in County Dublin has employees in the Republic. 161 Questions— 12 October 2004. Written Answers 162 been re-examined regarding their application for War; and if he will make a statement on the a work permit; and if so, the outcome of the re- matter. [24095/04] examination. [24416/04] Minister for Defence (Mr. O’Dea): The medi- Minister for Enterprise, Trade and Employ- cation administered to the person concerned at ment (Mr. Martin): A work permit was issued to the time referred to was human gamma globulin. the employer on the 23 June 2004. This was administered on 10 October 1990, 18 January 1991 and 1 April 1991. There is no record 62. Mr. McGuinness asked the Minister for in his service medical records of his being admin- Enterprise, Trade and Employment if the istered any other medication at this time. Gamma renewal of a work permit will be expedited in the globulin was administered routinely to all troops name of a person (details supplied) in County serving in south Lebanon prior to the availability Kilkenny. [24471/04] of a vaccine to protect against the development of clinical hepatitis A, in an area of high preva- Minister for Enterprise, Trade and Employ- lence of the disease. No request has been made ment (Mr. Martin): A work permit application by the medical attendant of the person concerned was received in this case on 21 September 2004. for access to his service medical records. A copy Work permit applications are taking six weeks to would be made available on request, subject to process, assuming they are complete and in order. the patient’s consent.

Industrial Development. Overseas Missions. 63. Mr. Wall asked the Minister for Enterprise, 65. Mr. McGinley asked the Minister for Trade and Employment the position regarding Defence if a board of military officers has the IDA land at Castledermot, County Kildare; if reviewed the events of September 1961 at Jadot- the local authority purchased the site; if the site ville; if the board has made a recommendation is available to a possible interested party; if the regarding further action that should be taken; the land will be put up for sale by tender; and if he full progress to date in this regard; and if he will will make a statement on the matter. [24472/04] make a statement on the matter. [24337/04] Minister for Enterprise, Trade and Employ- Minister for Defence (Mr. O’Dea): The Chief ment (Mr. Martin): IDA Ireland is the agency of Staff received a report from the board of officers in mid June and subsequently sought with statutory responsibility for the attraction of clarification on a number of matters arising. This foreign direct investment to Ireland and its clarification, which involved research of archival regions. The circa 1.4 hectare site in question, at material, has been received by the Chief of Staff Castledermot, County Kildare, is under the and the report is still under examination. Pending ownership of IDA Ireland. This site was the outcome of the examination, it would not be approved for disposal by IDA Ireland to Kildare appropriate for me to comment. I will carefully County Council in April 2003. The disposal of consider any recommendations that the Chief of this site is part of a transaction that also involves Staff may make in relation to the issue. the disposal of IDA lands at Kildare town and Monasterevin. Partnership for Peace. The transaction was approved on the basis that Kildare County Council would use the land for 66. Mr. Durkan asked the Minister for Defence Enterprise Ireland and county enterprise board if he has had discussions since his appointment projects and to encourage other industrial with his EU colleagues in regard to the matter of development activities. Disposal of the land to the PfP; and if he will make a statement on the the council would allow the land to be available matter. [24525/04] for a range of activities outside the remit of IDA. Minister for Defence (Mr. O’Dea): I have not The transaction has not been finalised to date and had discussions with my EU colleagues in the Kildare County Council has not advised that it context of the Euro-Atlantic Partnership Council will not be proceeding with the transaction. As or Partnership for Peace in the short time since long as the land at Castledermot remains in IDA my appointment. ownership, it is available to qualifying IDA Ireland and Enterprise Ireland projects bearing Defence Forces Property. in mind the current transaction with the council. 67. Mr. Durkan asked the Minister for I am aware that IDA Ireland is planning to meet Defence the number of Army overholders in Kildare County Council to attempt to progress need of alternative accommodation; his plans to the transaction. deal with the issue; and if he will make a state- ment on the matter. [24526/04] Support Services. Minister for Defence (Mr. O’Dea): Personnel, 64. Mr. Carey asked the Minister for Defence on being discharged from the Permanent Defence the medication which was administered to a per- Force, are obliged to vacate married quarters son (details supplied) in Dublin 11 while on UN within a short period of the dates of their dis- duty in the Lebanon at the start of the first Gulf charge. The provision of housing is primarily a 163 Questions— 12 October 2004. Written Answers 164

[Mr. O’Dea.] deemed necessary is purchased expeditiously to matter for the local authorities and married meet the changing requirements. military personnel have an equal claim on such The Defence Forces hold an extensive range of housing as other members of the community in modern NBC equipment that meets their current the same income category. The individuals over- requirements. In particular, a total of 8,000 new holding 54 married quarters were written to in NBC suits have been acquired. In addition, the August, 2002, and requested to vacate the proper- Defence Forces has sufficient stock of respirators ties. To date, six of the quarters have been for each individual soldier. They also have 98 of vacated and three others have been purchased by the most technologically up to date chemical the occupants. A further eight of the properties agent monitors and Defence Forces personnel are have been offered for sale and a number of those being trained on their operation. Other equip- sales are likely to be finalised in the near future. ment on hands includes biological agent detector My Department is continuing to examine all and screening kits, group decontamination equip- options, including affordable housing and volun- ment and personal decontamination equipment. tary and co-operative housing schemes, for the The most important defence against any attack rehousing of those overholders who would in the is of course external vigilance, detection and pre- normal way be eligible for local authority hous- vention by the security forces. All the necessary ing. The Department will remain in contact with resources of the Garda Sı´ocha´na and the Defence the overholders pending resolution of the issue. Forces are deployed to this end.

Defence Forces Training. Defence Forces Strength. 68. Mr. Durkan asked the Minister for Defence 69. Mr. Durkan asked the Minister for Defence the degree to which the Defence Forces are if the current strength of the Defence Forces is equipped to deal with a terrorist attack; and if he adequate in view of the ongoing overseas deploy- will make a statement on the matter. [24527/04] ment on peacekeeping missions; and if he will make a statement on the matter. [24528/04] Minister for Defence (Mr. O’Dea): The Garda Sı´ocha´na has primary responsibility for law and Minister for Defence (Mr. O’Dea): The White order, including the protection of the internal Paper provides an overall strength figure of security of the State. It continuously monitors the 10,500 for the Permanent Defence Force all potential threats to the State arising from inter- ranks. This figure comprehends provision for the national terrorism in co-operation with the allocation of up to 850 members of the Perma- Defence Forces. The advice available to me at nent Defence Force to overseas peacekeeping this time is that, while the Garda authorities missions at any given time. At present, there are recognise that the terrorist threat to Europe may only 740 members of the Permanent Defence currently be high, in relation to Ireland it is low. Force serving overseas on such missions. Notwithstanding this, it is important that all pru- dent precautions are taken and that matters are Defence Forces Equipment. kept under continuous review. 70. Mr. Durkan asked the Minister for The Defence Forces make contingency plans Defence if he has satisfied himself that military for a range of scenarios where the security of the training techniques and equipment, including State may be at risk. In addition, the Defence military vehicles, are sufficiently up to date; and Forces have contingency plans in place in relation if he will make a statement on the matter. to the provision of aid to the civil power, meaning [24529/04] in practice to assist, when requested, the Garda Sı´ocha´na and the provision of assistance to the Minister for Defence (Mr. O’Dea): I am satis- civil authorities for a range of emergencies. fied that military training techniques and equip- The capacity of the Defence Forces to deal ment, including military vehicles, are up to date with major emergencies is kept under constant in all respects. review. Plans and procedures are updated as Defence Forces training plans are structured to necessary and such additional equipment as is provide the capabilities needed to execute the required to address any perceived deficiencies is roles assigned to them under the White Paper on acquired on the basis of identified priorities. Defence of February 2000. Priority is given to Training and preparation for such events is also meeting operational tasks in Ireland. The chal- provided for in the Defence Forces annual train- lenges of preparing military units for partici- ing plan. pation in international peace support operations The Defence Forces have available to them constitute the major dimension of Defence equipment for monitoring and protecting its Forces collective training. The primary focus of members in dealing with nuclear, biological or this training is the attainment of a capability for chemical (NBC) threats identified from time to military interoperability in order to conduct time. The requirement for additional NBC equip- peace support operations to international stan- ment is kept under continuous review by the dards. The Defence Forces keep abreast of devel- director of operations and the director of ord- opments at international level by regular attend- nance. A programme for the purchase of NBC ance at training courses and seminars, at home equipment is ongoing and whatever equipment and abroad. 165 Questions— 12 October 2004. Written Answers 166

There has been an unprecedented level of of the Air Corps to return to and maintain a full expenditure on equipment for the Defence 24 hour service in the north west. As Deputies Forces in recent years. This includes a substantive may recall, the service had been restricted follow- programme for the acquisition of modern trans- ing on from an unusually high incidence of sick port vehicles. Recent acquisitions include Nissan leave among the winchcrews. There is no plan to patrols, minibuses, Ford transits, heavy load reconsider the decision to withdraw from the carrying vehicles — Drops — and specialist search and rescue service. EOD vehicles. My Department is currently engaged in a ten- der competition for the acquisition of six new Question No. 71 answered with Question helicopters for the Air Corps. Their primary role No. 23. will be that of general purpose military oper- ations and training. Primary taskings will include Question No. 72 answered with Question training and operations with the Army, security No. 38. and aid to the civil power, military exercises, infantry interoperability training and limited Question No. 73 answered with Question troop transport. However, these helicopters will No. 39. also be available to perform air ambulance, aid to the civil community and VIP transport tasks. Air Search and Rescue Service. Corps pilots and crews will continue to train in search and rescue techniques to provide a limited 74. Mr. Durkan asked the Minister for non-maritime search and rescue capability within Defence if he has satisfied himself regarding the the Defence Forces. strength of the Air Corps rescue services; and if The White Paper on Defence establishes the he will make a statement on the matter. roles of the Defence Forces as including the pro- [24533/04] vision of services to civil authorities as and when 75. Mr. Durkan asked the Minister for Defence required. The Defence Forces have never been if adequate staff, equipment and training facilities found wanting in this regard, particularly, in times are available to the members of the Air Corps of floods, forest fires, severe weather conditions involved in the rescue services; and if he will or any other emergencies faced by the com- make a statement on the matter. [24535/04] munity. In the event of an emergency request from the Coast Guard, or, indeed, from any other Minister for Defence (Mr. O’Dea): I propose service, the Air Corps will obviously respond to to take Questions Nos. 74 and 75 together. any such request in its usual efficient and sup- The White Paper on Defence of February 2000 portive manner and to the best of its capability. sets out a figure of 930 personnel for the Air Corps. There are no proposals to increase the Question No. 76 answered with Question strength of the Air Corps above the White Paper No. 4. figure. It is my intention to maintain the estab- lished Government policy of ongoing recruitment Grant Payments. to the Defence Forces and to continue to main- tain the strength at a level required to meet 77. Mr. Wall asked the Minister for Agri- military needs and as set out in the White Paper, culture and Food the plans her Department has that is, 930 in the case of the Air Corps. to provide grants or funding to associations The Irish Coast Guard has overall responsi- (details supplied) seeking to provide proper bility for the provision of maritime search and facilities; and if she will make a statement on the rescue services within the Irish search and rescue matter. [24080/04] region. The Air Corps has been providing search Minister for Agriculture and Food (Mary and rescue, SAR, services off the north-west Coughlan): Although my Department does not coast but withdrew yesterday following a hand- operate any specific schemes of financial assist- over of this role to CHCI, a private operator, ance for animal welfare bodies, ex-gratia funding which currently provides the service at the coun- has been provided in recent years to a number of try’s other SAR bases at Dublin, Shannon and appropriate bodies involved in the direct delivery Waterford. of animal care and welfare services throughout I understand from my colleague, the Minister the country having regard to moneys available for Communications, Marine and Natural from within my Department’s Vote at year end. Resources, that CHCI will provide continuity of Each application received is assessed as to suit- SAR service to the coastal, island and seafaring ability for payment. communities in the north west. I understand that In the expectation that funds will be available the mission list for the Coast Guard’s service from within my Department’s Vote towards the includes air ambulance, island relief, Medivac, end of 2004, I expect to be in a position to make etc. grants available, on a basis similar to previous The withdrawal of the Air Corps from search years, to organisations which directly deliver ani- and rescue services was announced by my prede- mal care and welfare services and which have cessor in late 2003. This decision was only made approached my Department in the course of this following a considered assessment of the capacity year requesting assistance. 167 Questions— 12 October 2004. Written Answers 168

Food Industry. ment of the Garda centred on the company’s compliance with the terms of specifications for 78. Mr. Ferris asked the Minister for Agri- the non-EU market concerned. Such specifi- culture and Food when it is proposed to introduce cations are additional to those that apply in nor- legislation to lessen the regulatory burden on mal trade within the EU and form part of certifi- small businesses in the food sector. [24111/04] cation procedures agreed between the exporting Minister for Agriculture and Food (Mary and importing countries. In the case referred to, Coughlan): Earlier this year the EU adopted a the issue relates to the extent to which the com- package of measures to revise and consolidate pany in question adhered to these specifications. Community legislation in relation to food In the circumstances, it would not be appropriate hygiene. The bulk of this package is due to come for me to comment further on the matter while into force on 1 January 2006. Although the recast the Garda investigation is ongoing. of EU legislation was primarily motivated by the necessity to ensure high levels of public health Beef Exports. protection in relation to food production, it also 81. Mr. Ferris asked the Minister for Agri- provided an opportunity to simplify the range of culture and Food if the ongoing ban on beef from complicated and often overlapping legislation the Six Counties has been discussed at inter-min- which has evolved in the food hygiene area over isterial level; and if so, if she will make a state- the past 30 years or so. The package also provides ment on these discussions. [24021/04] for a risk-based approach to inspections of food businesses. 82. Mr. Ferris asked the Minister for Agri- The regulations will also provide flexibility for culture and Food if she has satisfied herself with food businesses operating in remote areas, tradit- the efforts being made by the British authorities ional methods of food production, the direct sup- to have the Six Counties excluded from the ban ply by the producer of small quantities of primary on British beef. [24022/04] products to the final consumer or to local retail Minister for Agriculture and Food (Mary establishments directly supplying the final con- Coughlan): I propose to take Questions Nos. 81 sumer. I strongly support the idea of providing and 82 together. every encouragement and help to small busi- This issue has been discussed on a number of nesses within the food sector. In drawing up the occasions and at various levels with the British implementation arrangements for the new EU and Northern Ireland authorities, including at hygiene package, I have asked my Department to ministerial level. I understand that efforts to have take full account of their specific needs where this the remaining elements of the EU-wide ban is possible having regard to the constraints of the rescinded are continuing but details on how this EU regulations and the overriding need to should be pursued is a matter for the UK guarantee the safety of food provided to the final authorities. consumer. The role of the Food Safety Authority of Ireland and of local authorities, who are pri- Grant Payments. mary regulatory bodies in relation to this sector, will be central in this process. 83. Mr. McGinley asked the Minister for Agri- culture and Food when inspection will be carried out in order that area aid can be awarded to a Question No. 79 withdrawn. person (details supplied) in County Donegal. [24025/04] Beef Industry. Minister for Agriculture and Food (Mary 80. Mr. Ferris asked the Minister for Agri- Coughlan): The 2004 area aid application of the culture and Food if he will make a statement on person named has been fully processed with an the investigation into irregularities at a plant area determined for payment purposes of 117 (details supplied) in County Kildare. [24385/04] hectares. Payment of her full entitlement under 102. Mr. Ferris asked the Minister for Agri- the 2004 area-based compensatory allowance culture and Food if she will make a statement on scheme could not be made until a potential stock- the investigation into irregularities at plant ing density problem had been resolved but, now (details supplied) in County Kildare; and the that this has been done, payment will issue implications which it may have on the industry. shortly. [24378/04]. Genetically Modified Organisms. Minister for Agriculture and Food (Mary Coughlan): I propose to take Questions Nos. 80 84. Mr. Sargent asked the Minister for Agri- and 102 together. culture and Food her plans to keep Ireland gen- My Department has asked the Garda to inves- etically modified free, especially in view of the tigate certain practices in a licensed beef pro- EU decision to allow the growth of genetically cessing plant. This action was taken following modified maize. [24043/04] preliminary results of an investigation conducted Minister for Agriculture and Food (Mary by a team from within my Department. The nat- Coughlan): The rules governing GMOs are set ure of the investigation that led to the involve- down in EU legislation, which have been jointly 169 Questions— 12 October 2004. Written Answers 170 adopted by the European Parliament and Council person named will be notified shortly of the of Ministers under the co-decision procedure and outcome. which are binding on all member states. In par- 86. Mr. Wall asked the Minister for Agri- ticular, Article 22 of EU Directive 2001/18/EC culture and Food the number of grants made to stipulates that member states may not prohibit, associations (details supplied) in each of the past restrict or impede the placing on the market of two years; the criteria for assessing the appli- GMOs, as or in products which comply with the cations; if the population of the area which an requirements of the directive. The directive does, association covers is taken into account; and if however, have a safeguard clause whereby mem- she will make a statement on the matter. ber states may provisionally restrict or prohibit [24093/04] the use and/or sale of a GMO in its territory on the basis of new or additional scientific evidence Minister for Agriculture and Food (Mary becoming available since the date of approval of Coughlan): Although my Department did not operate any specific schemes of financial assist- the GMO. ance for animal welfare bodies, ex gratia funding The cultivation of the GM maize varieties to has been provided in recent years to a number of which he refers is not anticipated in Ireland. This appropriate bodies involved in the direct delivery is for two reasons, first, because the specific trait of animal care and welfare services throughout associated with these GM varieties, that is resist- the country having regard to moneys available ance to the European corn borer insect, is not from within my Department’s Vote at year end. relevant under Irish conditions as the insect is not Each application received was assessed as to suit- a significant pest in Ireland and, second, because ability for payment taking cognisance of the fol- the varieties in question are unlikely to be suit- lowing points: animals must benefit directly from able for Irish growing conditions. the payment — an organisation must be wholly involved in the actual delivery of care and welfare Grant Payments. services to animals, as distinct from lobby or 85. Mr. Connaughton asked the Minister for pressure groups; the organisation must be of good Agriculture and Food when a decision will be standing, based on such inquiries as can reason- made on an appeal under force majeure in the ably be made, for example, inspection reports; name of a person (details supplied) in County there should be as wide a geographic spread as Galway; and if she will make a statement on the possible; the level of assistance given by the matter. [24060/04] organisation, for example, large urban areas make more onerous demands on animal health Minister for Agriculture and Food (Mary and welfare services; the applicant organisation Coughlan): The person named has been notified must satisfy my Department that it has an active that the circumstances outlined in his single pay- programme of fund raising from other preferably ment scheme application did not satisfy the cri- private sources. Prior to any decision being made teria for Force Majeure-exceptional circum- by my Department, the relevant district veterin- stances under Article 40 of Council Regulation ary office is asked to visit the applicant’s premises (EC) No. 1782/2003. Following this decision the and to provide a written report as to suitability. person named submitted an appeal to the single I am circulating for the Deputy’s information payment appeals committee. A full review of the details of the animal welfare bodies which have circumstances of the case will be carried out by received grants in 2002 and 2003 and the amount the single payment appeals committee and the given to each.

Grant Allocations to Animal Welfare Organisations in December 2002

Organisation Grant Allocated \

Assisi Animal Rescue Centre 6,689 Clare SPCA Clonaghan. 6,689 Animal Refuge Kilty 6,689 Cork SPCA 10,033 Collon Animal Sanctuary 8,696 The Daisy Fund 6,689 Dog Rescue Ireland 5,351 Dogs Aid 5,351 Dublin SPCA 24,749 Dungarvan SPCA 6,689 Friends of Animal Rescue 6,689 Hillview Animal Sanctuary 6,689 ISPCA 16,722 Kerry SPCA 6,689 Kildare Animal Foundation 13,378 171 Questions— 12 October 2004. Written Answers 172

Organisation Grant Allocated \

Kildare SPCA 10,033 Kingdom Cats Protection 5,351 Laois SPCA 6,689 Leitrim Animal Welfare 6,689 Limerick Animal Welfare 6,689 Limerick SPCA 10,033 Longford SPCA 6,689 Louth SPCA 6,689 Mayo Animal Sanctuary 6,689 Mayo Animal Welfare 6,689 Meath SPCA 10,033 Monaghan SPCA 6,689 North County Dublin SPCA 6,689 North West Cat Rescue 6,689 Offaly SPCA 6,689 PAWS Animal Rescue 10,702 Whiskers New Park Animal Sanctuary 5,351 Petwatch Co. Ltd. Animal Welfare and Rescue 6,689 Roscommon SPCA 6,689 Roscrea SPCA 6,689 Sligo SPCA 6,689 The Animal Care Society 5,351 The Animal Rescue Centre 5,351 The Irish Blue Cross 26,756 The Cats Protection Association of Ireland 6,689 The Donkey Sanctuary 26,756 Tipperary Friends of Animals 5,351 Tipperary SPCA 6,689 Waterford SPCA 6,689 West Cork Animal Welfare Group 6,689 Westmeath SPCA 6,689 Westown Animal Shelter 6,689 Wexford SPCA 6,689 Wicklow SPCA 10,033 Galway SPCA 10,033 Canine Care Castlejordan 4,348 Donegal Pet Rescue 4,348 Kerry Canine Centre Neutering Scheme 4,348 Clare Animal Welfare 4,348 Wildlife Rescue 4,348 Sathya Sai Sanctuary Trust for Nature 4,348 Beatrix Urban Uisneach Border Collie Rescue 4,348 Animal Welfare Foundation 4,348 A.S.H. Animal Sanctuary 4,348 New Ross ISPCA 4,348 Mayo SPCA 4,348 Clondalkin Animal Aid 4,348 Irish Horse Protection League 4,348 Florence O’Connor 4,348 The Athlone & West Midlands Society for the Prevention of Cruelty to Animals 4,348 Enniscorthy SPCA 4,348 Donegal SPCA 4,348

Total 500,000 173 Questions— 12 October 2004. Written Answers 174

Grant Allocations to Animal Welfare Organisations in December 2003

Organisation Allocation 2003 \

Animal Life Line, Tipperary 5,000 Animal Refuge, Kilty, Cork 9,000 Animal Welfare Foundation, Dublin 3 7,000 ASH Animal Sanctuary, Wicklow 9,000 Assisi Animal Rescue Centre, Wicklow 7,000 Cavan SPCA 5,000 Canine Care Rescue Centre, Castlejordan 9,000 Carlow SPCA 15,000 Cats Aid, Dublin 7,000 Clare Animal Welfare 9,000 Clare SPCA, Clonaghan. 10,000 Cork SPCA 15,000 Collon Animal Sanctuary, Louth 9,000 Clondalkin Animal Aid 7,000 Dog Rescue Ireland, Galway 7,000 Dogs Aid, Dublin 9,000 Donegal Pet Rescue 9,000 Drogheda Animal Rescue 9,000 Dublin SPCA, 15,000 Dungarvan SPCA 10,000 English Springer Rescue, Galway 5,000 Enniscorthy SPCA 10,000 Florence O’Connor, Kerry 7,000 Friends of Animal Rescue Centre, Westmeath 9,000 Galway SPCA 15,000 Hillview Animal Sanctuary, Cork 9,000 Irish All Pure Bred Rescue, Tipperary 5,000 Irish Horse Protection League, Wicklow 30,000 Irish Horse Welfare Trust, Wicklow 12,000 Irish Raptor Research Centre, Sligo 5,000 ISPCA, Dublin 30,000 Kathleen Slye, Wexford 3,000 Kerry Canine Centre 9,000 Kerry SPCA 15,000 Kildare Animal Foundation 9,000 Kildare SPCA 15,000 Kilkenny SPCA 10,000 Kingdom Cats Protection SPCA, Kerry 10,000 Laois SPCA 10,000 Leitrim Animal Welfare Trust 9,000 Leitrim SPCA 10,000 Limerick Animal Welfare 9,000 Limerick SPCA 15,000 Longford SPCA 10,000 Louth SPCA 10,000 Mayo Animal Sanctuary Appeal 7,000 Mayo Animal Welfare 7,000 Mayo SPCA 10,000 Meath SPCA 15,000 Monaghan SPCA 10,000 New Ross SPCA 10,000 North County Dublin SPCA 15,000 Offaly SPCA 10,000 175 Questions— 12 October 2004. Written Answers 176

Organisation Allocation 2003 \

PAWS Animal Rescue, Kildare 9,000 Petwatch Co. Ltd 7,000 QPQ Animal Rescue, Laois 3,000 Roscommon SPCA 10,000 Roscrea SPCA 10,000 Sathya Sai Sanctuary Trust for Nature, Sligo 7,000 Sligo SPCA 15,000 The Animal Care Society, Cork 9,000 The Athlone & Midlands SPCA 15,000 The Cats Protection Association of Ireland, Dublin 15,000 The Daisy Fund, Cork 9,000 The Donkey Sanctuary, Cork 30,000 The Irish Blue Cross, Dublin 30,000 The National Stray & Feral Cat Friends, Mayo 5,000 The Tigger Trust, Kerry 5,000 Tipperary Friends of Animals 9,000 Tipperary SPCA 10,000 Tralee Animal Welfare Group 5,000 Uisneach Border Collie Rescue, Westmeath 9,000 Waterford SPCA 15,000 West Cork Animal Welfare Group 9,000 Westmeath SPCA 10,000 Westown Animal Shelter, Kildare 9,000 Wexford SPCA 15,000 Whiskers New Park Animal Sanctuary, Roscommon 9,000 Wicklow SPCA 15,000 Wildlife Rescue, Cork 9,000

Total 850,000

applications under the single farm payment 87. Mr. Wall asked the Minister for Agri- scheme: culture and Food if consideration is being given by her Department to increase grants to associ- Number ations (details supplied) in budget 2005; and if she will make a statement on the matter. [24094/04] No. cases received 15,256 Minister for Agriculture and Food (Mary No. cases not yet dealt with 2,728 Coughlan): In the expectation that funds will be No. successful applicants 1,420 available from within my Department’s Vote No. unsuccessful applicants 8,667 towards year end, I expect to be in a position to No. cases requiring additional information 2,441 make grants available, on a basis similar to pre- No. Appeals cases 1,099 vious years, to organisations which directly No. successful cases following appeal 101 deliver animal care and welfare services and No. unsuccessful cases following appeal 830 which have approached my Department in the course of this year requesting assistance. The Cases on hand at Appeals Unit 168 position in relation to 2005 will be considered in the context of Estimates for that year. Farm Retirement Scheme. 88. Mr. Connaughton asked the Minister for Agriculture and Food the number of applications 89. Mr. J. O’Keeffe asked the Minister for received under force majeure; the number of Agriculture and Food when farm retirement pen- cases not yet dealt with; the number of successful sion will be returned to a person (details and unsuccessful applicants to date; the number supplied) in west Cork. [24129/04] of appeals made under force majeure to date; the Minister for Agriculture and Food (Mary number of successful and unsuccessful cases Coughlan): The person named is a participant in brought before the appeal system; and if she will the 1994 early retirement scheme introduced make a statement on the matter. [24119/04]8 under EU Council Regulation 2079/92, which she entered in joint management with her husband. Minister for Agriculture and Food (Mary It is a requirement of the Council regulation that Coughlan): The following is the up-to-date posi- any national retirement pension to which a tion regarding the processing of force majeure scheme participant “and his or her spouse or part- 177 Questions— 12 October 2004. Written Answers 178 ner in a joint management situation” becomes the single payment scheme for a person (details entitled must be deducted from the early retire- supplied) in County Limerick. [24226/04] ment pension. Minister for Agriculture and Food (Mary On 19 February 2004 my Department informed Coughlan): A statement of provisional entitle- the person named that she and her husband must ments under the a single payment scheme has not re-apply for a non-contributory old age pension issued to the person named, as amendments to and provide documentary evidence of the out- the single payment database in respect of all pre- come of the application within three months. As miums claimed during the reference years by the this information was not provided to my Depart- person named, have not yet been finalised. A ment, payment of the early retirement pension statement of provisional entitlements will issue was suspended on 8 June 2004. As soon as this shortly when these amendments have been information is furnished to the Department, the completed. position will be reviewed. Rural Environment Protection Scheme. Grant Payments. 93. Mr. Ring asked the Minister for Agri- 90. Mr. Ring asked the Minister for Agri- culture and Food if she proposes to make changes culture and Food the amount, in monetary terms, to the REP scheme; and the changes which have under which the single payment scheme is coming taken place in the past 12 months to the scheme, into County Mayo. [24137/04] particularly in relation to persons with mountain Minister for Agriculture and Food (Mary land. [24252/04] Coughlan): Statements of provisional entitle- Minister for Agriculture and Food (Mary ments under the single payment scheme totalling Coughlan): Substantial changes have been made \50,052,090 million have issued to herdowners in in REPS with the introduction of REPS 3 from 1 County Mayo. Further provisional entitlements June 2004. The main changes include an average of approximately \9 million will issue to County increase of 28% in payment rates, fully delivering Mayo herdowners during the next few months. on the Government’s commitment in Sustaining These entitlements are currently being processed Progress, the new requirement to incorporate two under various measures provided for in the EU additional biodiversity measures into REPS regulations underpinning the single farm pay- undertakings and reductions in the level of ment scheme. penalties. Mountain land as such is not the subject of Decentralisation Programme. specific provisions in REPS, but commonages, 91. Dr. Upton asked the Minister for Agri- target areas and areas designated under the wild culture and Food if she will revise the plans to birds and habitats directive are covered by decentralise the beef carcase classification unit of measure A. Under REPS 3, payment is made on her Department from County Wexford to County all land covered by measure A, whereas pre- Laois in view of opposition of staff to this pro- viously areas above 120 hectares qualified for no posal; and if she will make a statement on the payment. matter. [24138/04] Animal Diseases. Minister for Agriculture and Food (Mary Coughlan): Beef carcase classification is one of 94. Mr. Neville asked the Minister for Agri- the functions executed by the livestock, beef and culture and Food the extent of Johne’s disease in sheep meat division of my Department. The staff the bovine herd here. [24253/04] of that division are currently headquartered at three different locations, at my Department’s Minister for Agriculture and Food (Mary offices in Maynooth and Cavan and in my Coughlan): Johne’s disease has a worldwide dis- Department’s beef carcase classification unit at tribution and is caused by infection with mycob- Johnstown Castle, Wexford. The decentralisation acterium avium subspecies paratuberculosis, of my Department is being taken as an oppor- MAP. Most cattle are generally infected early in tunity to amalgamate in Portlaoise the staff cur- life by ingestion of MAP through colostrum, milk, rently working in these three different locations. faecal contaminated teats, water, feeds or sur- faces. Adult animals can become infected but it There are obvious efficiencies to be gained from is rare and they usually have other problems such such consolidation. as deficiencies with their immune system. The dis- It is the transfer of posts which is proposed. ease is notifiable under the Johne’s Disease There is no obligation on any staff member to Order 1955. relocate with the work. Officers not interested in Until 1992, strict import conditions were instru- relocating would be assigned work suitable to mental in ensuring that Johne’s disease was rela- their grade. tively rare in Ireland. However, with the advent of the single market, the numbers of reported Grant Payments. cases of the disease in this country have increased 92. Mr. Neville asked the Minister for Agri- significantly. In the 50-year period from 1932 to culture and Food the payment entitlements under 1982 a total of 92 animals were diagnosed with 179 Questions— 12 October 2004. Written Answers 180

[Mary Coughlan.] draw up strategies and best practices to ensure the disease. In 2002 and 2003, 100 animals and that efficient and effective measures for the co- 150 animals respectively were diagnosed as hav- existence of GM and non-GM crops are in place ing Johne’s disease. if farmers wish to cultivate GM crops in this In conjunction with other stakeholders, my country. The working group has reviewed Department is working on the formulation of a research into GM crop production worldwide in national strategy with a view to addressing the the context of informing itself in relation to GM problem of Johne’s disease in a more effective crop cultivation and its possible implications here manner. in Ireland. Currently 99% of GM cultivation takes place Grant Payments. in four countries USA, Argentina, Canada and China, and 95% of the GM crops cultivated are 95. Mr. P. Breen asked the Minister for Agri- confined to three crops, soya, corn-maize and cot- culture and Food when a person (details ton. Extrapolating from the information gathered supplied) in County Clare will receive his into an Irish context has its limitations in that the headage payment; and if she will make a state- situation in which most of the commercial GM ment on the matter. [24330/04] crops are currently being cultivated are not rel- Minister for Agriculture and Food (Mary evant to Irish agriculture conditions. Coughlan): The 2004 area aid application for the person named has been fully processed with an Beef Exports. area determined for payment purposes of 7.20 98. Caoimhghı´nO´ Caola´in asked the Minister hectares. Payment of his full entitlement under for Agriculture and Food the position with regard the 2004 area-based compensatory allowance will to the export of beef to Libya and other Middle issue shortly. Eastern-North African countries; and if she will make a statement on the matter. [24333/04] Organic Farming. Minister for Agriculture and Food (Mary 96. Mr. Ferris asked the Minister for Agri- Coughlan): An agreement signed with Libya in culture and Food the impact the introduction of June 2000 provided that Ireland would be the single farm payment will have on the organic officially listed as a source country for all Libyan sector here. [24331/04] tenders for the supply of live cattle. Since then, Minister for Agriculture and Food (Mary however, the Libyan Foreign Minister indicated Coughlan): The introduction of the single pay- that it had not been possible to import live cattle ment scheme, giving farmers an assurance about because of what he called logistical problems and the level of direct payments they will receive in that Libya would buy beef directly. Libya sub- the medium term, offers them an opportunity to sequently issued tenders for the supply of beef consider changing their farming activities. I and Ireland was included in the list if countries believe that this is a good time for farmers to look invited to tender. I understand that a number of at the organic option. While there is a growing Irish companies submitted bids at that time. demand for organic produce among consumers, Efforts at diplomatic and technical level are con- much of that demand has to be met by imported tinuing to ensure that the agreement signed with produce, and there are real opportunities in this Libya, in so far as it relates to cattle exports, is sector for Irish producers. REPS offers substan- fully implemented. tial support to organic farmers, and the new With regard to other Middle Eastern and scheme introduced in June 2004 also allows farm- North African markets, while the market for beef ers for the first time to convert part of a holding has been opened in Egypt there has been very to organic production. Organic farmers can also little trade primarily due to commercial consider- avail of the scheme of grant aid for the develop- ations and the returns available within EU mar- ment of the organic sector, under which on-farm kets. Following the re-opening of the Egyptian capital investment projects costing over \2,540 market, Ireland negotiated a level of EU export are eligible for 40% grant assistance up to a refund specifically applicable to the Egyptian maximum of \50,790. market, which is 30% above that for other mar- kets and this rate of refund continues to apply. Genetically Modified Organisms. I was pleased last week to announce the re- opening of the Algerian market which has been 97. Mr. Ferris asked the Minister for Agri- a strong traditional outlet for Irish beef. The re- culture and Food her Department’s current opening of this market comes at an opportune assessment of the evidence regarding the pro- time during the peak slaughter period. In the five ductivity of GM crops in other countries; and the year period up to 1999 Ireland exported some implications that this evidence has for the poss- 70,000 tonnes of beef to Algeria. ible introduction of GM crops here. [24332/04] Strong prices at home and growing exports Minister for Agriculture and Food (Mary within the EU have lessened the relative import- Coughlan): The Deputy may be aware that an ance of non-EU markets. Indeed there has been interdepartmental — interagency working group a marked shift in beef export destinations from has been established within my Department to the traditional 50/50 EU/third country split to the 181 Questions— 12 October 2004. Written Answers 182 current dominance of EU markets, which absorb case, the five female reactor animals were paid some 83% of output. Russia remains a key and the appropriate valuation amounts for non-preg- valuable market destination for Irish beef and the nant animals on the basis of the post mortem recently negotiated EU-wide certification result given in the ER26 permit. The ER26 per- arrangements will consolidate that trade. My mit, which is signed by every farmer before any Department is continuing its efforts, in conjunc- reactor animal is removed, states that the decision tion with the Department of Foreign Affairs and of the veterinary inspector who carried out the An Bord Bia to secure other international mar- post mortem is final in this regard. kets for Irish beef. Pension Provisions. Bovine Disease Controls. 101. Mr. Timmins asked the Minister for Agri- 99. Mr. Timmins asked the Minister for Agri- culture and Food the position in relation to the culture and Food the position in relation to the pension of a person (details supplied) in County transport of bovine spinal column; the way in Carlow; if the pension will be granted to this per- which the SRM is transported here from meat son. [24377/04] plant to destruction plant, if sealed containers are Minister for Agriculture and Food (Mary used; and if she will make a statement on the Coughlan): The late husband of the person matter. [24335/04] named opted for voluntary early retirement at the Minister for Agriculture and Food (Mary time of the abolition of the Dublin District Milk Coughlan): The transport of animal by-products, Board in 1994. He was given the opportunity of including SRM, is governed by the provisions of joining the spouses and children pension scheme Regulation (EC) No. 1774 of 2002. Those regu- but elected not to do so. Unfortunately, the per- lations provide that animal by-products must be son named does not have an entitlement to a collected and transported in sealed new packag- spouse’s pension. ing or covered leakproof containers or vehicles. Vehicles and reusable containers which come into Question No. 102 answered with Question contact with animal by-products must be cleaned No. 80. washed and disinfected after each use, main- tained in a clean condition and clean and dry Grant Payments. before use. Reusable containers must be dedi- 103. Mr. N. O’Keeffe asked the Minister for cated to the carriage of a particular product to the Agriculture and Food the reason a person (details extent necessary to avoid cross contamination. In supplied) in County Cork has not received an Ireland, the onus to ensure compliance with these allocation under the single payment scheme. requirements rests with the approved meat plant [24476/04] or approved rendering plant. Compliance with these requirements is monitored by my Depart- Minister for Agriculture and Food (Mary ment’s veterinary inspectorate. Coughlan): The provisional entitlements of the person named under the single payment scheme 100. Mr. Connaughton asked the Minister for have not yet been finalised. In previous years, Agriculture and Food the reason five cows out of applicants who had less than 15 livestock units seven female cattle purchased by a live valuer were not obliged to submit an area aid appli- under the bovine tuberculosis eradication scheme cation. As the person named did not submit an owned by a person (details supplied) in County area aid application for the single payment Roscommon were deemed not to be in calf when scheme reference years 2000-02, no provisional killed at the Roscrea meat factory; and if she will entitlements could be calculated on that basis. make a statement on the matter. [24375/04] The person named has, however, submitted an area aid application for 2004 and his provisional Minister for Agriculture and Food (Mary entitlements are being calculated on this basis. Coughlan): The valuation was carried out on 25 The entitlements will issue as soon as possible. June 2004 in accordance with the terms and con- ditions of the on-farm market valuation scheme Motor Vehicle Registration. for animals removed under the TB and bru- cellosis eradication schemes. The arrangements 104. Mr. Penrose asked the Minister for Fin- for this scheme require that, where female breed- ance if it is his Department’s intention to retain ing stock are valued, the valuer provides two mar- the vehicle registration office in Mullingar; if it ket valuations for the animals concerned based will remain available for persons in the general on the animal being in-calf and not in-calf. In this area who utilise same; and if he will make a state- particular case, two valuation amounts were attri- ment on the matter. [24254/04] buted to five female reactor animals. Minister for Finance (Mr. Cowen): Iam Veterinary inspectorate at the meat factory are informed by the Revenue Commissioners that required to carry out pregnancy checks at post new on-line facilities have greatly reduced the mortem on reactor cows and in-calf heifers in demand for service at their vehicle registration order to enable local district veterinary office to offices. An increasing number of motor dealers determine the amount due to the farmer. In this now register new vehicles on-line themselves — 183 Questions— 12 October 2004. Written Answers 184

[Mr. Cowen.] Additional resources have been allocated to currently approximately 80% of such regis- the toxicology section and there has been a sub- trations nationally are on-line — in preference to stantial increase in the number of analyses com- using the facilities at vehicle registration offices. pleted. However, there is still a backlog of cases, In addition, a new valuation inquiry system has due to an increase of 50% in the past two years been introduced, allowing all customers to obtain in the number of cases referred, and a general vehicle registration tax quotations on second- increase in the complexity of the analyses hand vehicles on-line. The impact of the effect of required. A range of measures are being taken at the introduction of on-line facilities on the work present to reduce the turnaround time of samples of vehicle registration services is being kept sent to the laboratory and processed by its toxi- under review. cology section. Additional priority is to be given to the coroners’ cases over other work of the State Laboratory. section. Laboratory management are also 105. Mr. Deasy asked the Minister for Finance reviewing the procedures and processes in the if his attention has been drawn to the lengthy toxicology area with a view to automating as delays being experienced by families with results much as possible. awaited from the State pathology laboratory and I am told by the management of the laboratory ultimately the issuing of death certificates where that the completion of the relocation to Backwes- a sudden death has occurred; if he will examine ton will enable the enhancement of the quality of the matter and provide additional funding if service provided to all its clients, including the necessary to ease the extra burden this places on coroners’ service. family members; and if he will make a statement on the matter. [24320/04] Tax Code. Minister for Finance (Mr. Cowen): I am con- 106. Mr. Stanton asked the Minister for Fin- scious of the importance of service provided to ance if he will consider increasing the group B coroners by the State Laboratory and the impact and group C thresholds for gift or inheritance tax; it inevitably has on relatives of people whose and if he will make a statement on the matter. deaths are the subject of inquests at a time of [24049/04] great distress. The management of the laboratory Minister for Finance (Mr. Cowen): The inherit- share that sensitivity and constantly monitor the ance and gift tax thresholds referred to by the service by reviewing available resources, the Deputy are increased each year in line with the possibilities for outsourcing and the complexity annual increase in the consumer price index. The of analyses. thresholds for the past three years are as follows:

Indexed Group Thresholds

Group Relationship to Disponer 2002 2003 2004

\\\ A Son/Daughter 422,148 441,198 456,438 B Parent/ Brother/ Sister/ Niece/ Nephew/ Grandchild 42,215 44,120 45,644 C Relationships other than Group A or B 21,108 22,060 22,822

The budget 2004 estimated yield from capital Minister for Finance (Mr. Cowen): My Depart- acquisitions tax, that is, gift and inheritance tax, ment has no direct involvement in the operation for 2004 is \150 million. It should be noted that of the Disabled Drivers Medical Board of the vast bulk of the tax comes from transfers to Appeal. However, I am informed that there is beneficiaries in the B and C groups, since there currently a backlog of appeals to be dealt with by is no tax on transfers between spouses and the board. At present, there is a waiting time of because the threshold for group A beneficiaries over two years for appellants to be seen by the is \456,438. In accordance with normal practice it board. I am advised that the backlog of appeals is not appropriate for the Minister to comment — approximately 600 — is caused by a number on possible changes to tax in the run-up to the of factors, in particular the general increase in annual budget and Finance Bill. applications for a primary medical certificate, and the significant number of persons who are aware Disabled Drivers. that they do not meet the medical criteria speci- fied in the regulations but nevertheless insist on 107. Mr. McCormack asked the Minister for exercising their right of appeal. Finance the reason applicants for the disabled drivers tax concession scheme 1994 have to wait An interdepartmental review group was estab- two and a half years to have their appeals heard; lished to examine the operation of the scheme if the process can be speeded up; and if he will and the group’s report was published in early make a statement on the matter. [24127/04] July. Following on from the report’s recommend- ations concerning the appeals process, amend- 185 Questions— 12 October 2004. Written Answers 186 ments to the regulations governing the disabled updated with 2003 figures, the number of house- drivers and disabled passengers tax concessions holds in Ireland in 2003 was approximately 1.4 scheme were drafted to improve the operation of million, and the average house price was about the medical appeals board. These were signed by \265,000. This puts the total value of the housing the Minister for Finance on 23 July 2004. market at some \360 billion so that, all other The amendments provide for changes to the things being equal, a 0.5% rate of residential existing regulations as follows: expanding the property tax on this tax base would yield \1.8 panel of medical practitioners serving on the billion. medical board of appeal from three to five, and; A Bank of Ireland report entitled Ireland, amending the appeals process by introducing a six Residential Property Prospects, published in month waiting period between an appeal and a August 2004, estimated that the total value of the subsequent application, and introducing the housing stock in Ireland in 2003 was some \380 requirement for a second or subsequent appli- billion. Based on this figure, a 0.5% rate would cation to be certified by a registered medical yield \1.9 billion. These estimates are notional practitioner to the effect that there has been and take no account of the income of households material disimprovement in the medical condition and their ability to pay any such tax. However, since the previous application. while it is possible to provide a very broad esti- In relation to the first change, I hope, very mate based on the full value of all residential shortly, on the recommendation of the Minister properties being taxed at 0.5%, it is not possible for Health and Children, to appoint two more to estimate the yield if the tax were to be applied doctors to the board. A panel of five doctors solely to the value of a residential property in should allow for the board to meet more regularly excess of \250,000, as this data is not available at and hence reduce the backlog. As regards the this time. Nor are there firm details of the second change, it should be noted that a further number of second and additional residential factor in the backlog of appeals is that a number properties in the State. Consequently, it is not of those who are seen by the board and are dissat- possible at this point to assess the amount of tax isfied with its decision are re-appealing immedi- that would be raised by charging a residential ately and this is causing a build up of appeals. property tax on all second and additional resi- The change addresses this issue and should free dences at 0.5% of the value of the property in up the appeals board to deal with existing appeals excess of \250,000. in the system and subsequent appeals where a Of course, the application of any new property change in an individual’s circumstance requires a tax, such as the Deputy has in mind in the ques- reassessment. tion, might lead to calls for reforms of other taxes on property, for example stamp duty, which Tax Code. would reduce the yield. Stamp duty on residential \ 108. Mr. P. McGrath asked the Minister for property in 2003 yielded 528 million. Finance the cost of introducing a flat income tax 111. Mr. Haughey asked the Minister for Fin- of 20% while retaining the existing tax credits. ance if he will exempt primary and post-primary [24174/04] schools from VAT; and if he will make a state- ment on the matter. [24221/04] Minister for Finance (Mr. Cowen): Iam informed by the Revenue Commissioners that the Minister for Finance (Mr. Cowen): In accord- full year cost to the Exchequer, estimated by ref- ance with EU and Irish VAT legislation, most erence to projected 2005 incomes, of the change education, including primary and post-primary mentioned by the Deputy is estimated at approxi- schools, is already exempt from VAT. This means mately \4,200 million. that the schools do not charge VAT on the ser- 109. Mr. P. McGrath asked the Minister for vices they supply but they cannot recover VAT Finance the amount of tax that would be raised on the goods and services that they purchase. by charging a residential property tax on all resi- Essentially, only VAT-registered businesses dential properties at 0.5% of the value of the which charge VAT are able to recover VAT. property in excess of \250,000. [24175/04] I presume the Deputy is proposing that a pro- vision should be introduced whereby primary and 110. Mr. P. McGrath asked the Minister for post-primary schools are relieved from VAT paid Finance the amount of tax that would be raised on purchases. It is usual for most State funded by charging a residential property tax on all services, such as schools or hospitals, to bear second and additional residences at 0.5% of the VAT on any purchases. However, I would point value of the property in excess of \250,000. out that this is taken into account when [24176/04] Exchequer funding for such services is allocated Minister for Finance (Mr. Cowen): I propose by the Government. Given this position, I have to take Questions Nos. 109 and 110 together. no plans to introduce VAT relief in respect of primary and post-primary schools. It is difficult to estimate the amount such a tax would bring in because details on the value of Disabled Drivers. all residential property are not readily available. Based on data from the CSO 2002 census, 112. Mr. Costello asked the Minister for Fin- 187 Questions— 12 October 2004. Written Answers 188

[Mr. Costello.] Minister for Finance (Mr. Cowen): The data ance if he will extend the disabled passengers and from the CAF, operated by the Civil Service the disabled drivers VRT and VAT refund Commission, published last month showed that scheme 1994 to those who are registered as blind; 15 members of the staff of Ordnance Survey and if he will make a statement on the matter. Ireland, OSI, have applied to decentralise to [24222/04] Dungarvan, with a further 47 expressions of interest in decentralising to Dungarvan OSI by Minister for Finance (Mr. Cowen): The dis- civil servants. abled drivers and disabled passengers (tax concessions) scheme is open to people with dis- abilities who meet the specified criteria and have Tax Collection. obtained a primary medical certificate to that 114. Ms Shortall asked the Minister for Finance effect. The senior area medical officer attached if the Revenue Commissioners will explain the to the relevant local health board is responsible two-month delay in regularising the tax affairs of for both the medical assessment and the issue of a person (details supplied) in Dublin 11; and if the medical certificate. The medical criteria for they will be taken off emergency tax as soon as the purposes of the tax concessions under this possible. [24348/04] scheme are set out in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regu- Minister for Finance (Mr. Cowen): The Rev- lations 1994. Six different types of disablement enue Commissioners have informed me that a are listed under the regulations and a qualifying cumulative tax credit certificate issued to the tax- person must satisfy one or more of them. The six payer’s current employer on 6 October. This will types of disablement are as follows: persons who take her off the emergency tax basis and any tax are wholly or almost wholly without the use of over deducted will be repaid to her by her both legs; persons who are wholly without the use employer. The delay in issuing the tax credit cer- of one leg and almost wholly without the use of tificate was due the fact that the taxpayer’s pre- the other leg such that the applicant is severely vious employer did not submit her form P45 con- restricted as to movement of the lower limbs; per- taining the relevant details of pay and tax until sons without both hands or without both arms; 27 September. persons without one or both legs; persons wholly 115. Mr. Aylward asked the Minister for Fin- or almost wholly without the use of both hands ance the reason a full refund of VAT for the or arms and wholly or almost wholly without the years 1987 to 1991 has not been awarded to a use of one leg; and persons having the medical person (details supplied) in County Kilkenny; and condition of dwarfism and who have serious diffi- if he will make a statement on the matter. culties of movement of the lower limbs. [24369/04] An individual who qualifies under the medical criteria as set out above is issued with a primary Minister for Finance (Mr. Cowen): Iam medical certificate. Possession of a primary medi- advised by the Revenue Commissioners that an cal certificate qualifies the holder for remission application from the person in question for a or repayment of vehicle registration tax, VRT, refund of VAT in accordance with the Value plus a repayment of value added tax, VAT, on Added Tax (Refund of Tax) (No. 25) Order 1993 the purchase of the vehicle, plus a repayment of was received on 12 February 2002. The appli- VAT on the cost of adaptation of the vehicle. cation was for a refund in respect of VAT on Repayment of the excise duty on fuel used in the expenditure incurred in the period from 1986 to motor vehicle and exemption from annual road 2001. A refund relating to the period 1992 to 2001 tax to local authorities are also allowed. was authorised. However, at the time this appli- An interdepartmental review group was estab- cation was received, a time limit of ten years lished to review the disabled drivers and disabled applied to such claims. Accordingly, VAT passengers (tax concessions) scheme. The group incurred prior to 1992 was not allowed and the examined all aspects of the scheme including the applicant was informed accordingly. qualifying medical criteria. The report was pub- lished on my Department’s website in early July Pension Provisions. and copies have been placed in the Oireachtas Library. The Government has agreed that the 116. Mr. P. McGrath asked the Minister for Minister for Finance will consider the report on Finance if, in the context of persons who are an ongoing basis in the overall budgetary context retired from the public service and are in receipt having regard to the existing and prospective cost of pensions from the State, the categories of such of the scheme. persons who can resume working in the public service and retain their pension payments. Decentralisation Programme. [24545/04] 113. Mr. Deasy asked the Minister for Finance Minister for Finance (Mr. Cowen): Abatement, the number of applications received in his which is a standard feature of all public service Department for transfers to the proposed superannuation schemes, is the practice whereby decentralised ordnance survey office in Dungar- pension payments to a retired public servant may van, County Waterford. [24312/04] be stopped or reduced if the pensioner is re- 189 Questions— 12 October 2004. Written Answers 190 employed in certain employments in the public It is against this tragic background that I will service. The rules and practices governing the outline details of the Government’s efforts in the application of abatement are often specific to case of Kenneth Bigley. When the Government individual pension schemes. As a general guide, learned that Mr. Bigley’s mother Elizabeth was the rules of specific pension schemes will confine born in Dublin, my predecessor as Minister, the application of abatement to re-employment Deputy Cowen, immediately spoke with the Brit- in specific areas/sectors of the public service, nor- ish Foreign Secretary and informed him of the mally the area-sector where the pensioner was Irish interest in the case. The next day, the Taoi- employed prior to retirement. Given the specific seach issued an appeal to the Al Jazeera network nature of pension scheme rules on abatement, it in which he appealed for Mr. Bigley’s release. is not possible to categorise persons who can The Taoiseach also instructed the Irish Ambassa- resume working in the public service and retain dor in London to communicate the sympathy and their pension payments. The application of abate- support of the President, the Government and ment will generally only apply within the same the Irish people to the Bigley family. area-sector of the public sector from which the Throughout the last few weeks, we were very person retired. However, as stated, it is necessary actively monitoring the case. On my appointment to have regard to the terms of the relevant pen- as Minister for Foreign Affairs, I immediately sion scheme to be conclusive in specific cases. reviewed the case with my senior officials to see how Irish influence could best be brought to bear. Tax Code. Following on from this, we had contacts with a number of authorities in the region. This included 117. Mr. P. McGrath asked the Minister for my discussing the Bigley case with the Jordanian Finance the number of taxpayers in the PAYE Foreign Minister and with the Secretary General sector who availed of the home caring spouse tax of the Arab League, Amre Moussa. We remained credit in 2003. [24546/04] in close touch with these contacts. 118. Mr. P. McGrath asked the Minister for A passport was issued to Kenneth Bigley on 5 Finance the number of self-employed taxpayers October on my instructions, to help convince his who availed of the home caring spouse tax credit kidnappers of his Irish citizenship and in the hope in 2003 or nearest available date. [24547/04] that it would contribute to the efforts to secure his release. I was glad to respond positively to the Minister for Finance (Mr. Cowen): I propose request from his family for an Irish passport. to take Questions Nos. 117 and 118 together. Sadly, our efforts and the efforts of the Bigley I am informed by the Revenue Commissioners family, the Jordanian and other Arab authorities, that they estimate there were 92,100 claimants of the British Government and the many other the home carer’s tax credit in respect of 2003 in governments and leaders throughout the world the PAYE sector. The corresponding information were ignored by the terrorists who held Kenneth. in respect of claimants who are self-employed The Government has from the outset called on taxpayers will not be available until the appropri- all parties in the conflict to respect their obli- ate data from self-assessment tax returns are gations under international law both in regard to received. However, the Revenue Commissioners the status of civilians and in regard to prisoners estimate that there will be about 19,200 self of war. In line with this, the Government and the employed claimants for 2003. European Union have publicly and strongly con- demned any incidents of abuse of prisoners in Death of Mr. Kenneth Bigley. Iraq by occupying forces which have taken place 119. Mr. F. McGrath asked the Minister for as contrary to international humanitarian law. Foreign Affairs if he will report on his efforts to Equally, we have repeatedly deplored the taking release a person (details supplied); and if he will of hostages and their subsequent execution by the raise the issue of Iraqi victims at the highest hostage takers. The Government will continue to level. [24027/04] play its part, together with its partners in the European Union, in efforts to ensure the fullest Minister for Foreign Affairs (Mr. D. Ahern): possible respect for human rights in Iraq. The Deputy will share the shock and sadness felt by the Government after the cruel and barbaric Foreign Conflicts. murder of Kenneth Bigley last week. I had hoped to respond to the Deputy’s question in different 120. Mr. F. McGrath asked the Minister for circumstances and I am very disappointed that all Foreign Affairs if he will take action to stop the our efforts and pleadings for mercy and humanity slaughter in the Middle East and to raise the issue to be shown to Mr. Bigley went unanswered. I am at the UN. [24038/04] sure that all members of the House would join Minister for Foreign Affairs (Mr. D. Ahern): I with the Government in expressing its most sin- share the concern which has been expressed cere condolences to his mother and to his family, about the continuing cycle of violence in the whose courage and fortitude we came to know Middle East. I set out the Government’s views in and admire over recent weeks. Our thoughts and the debate on the adjournment which took place prayers are with them at this tragic time, as are on 7 October. I unequivocally condemn the ter- those of all Irish people, at home and abroad. rorist attacks by Hamas and other Palestinian 191 Questions— 12 October 2004. Written Answers 192

[Mr. D. Ahern.] acceptance by all sides of the “Baker II” plan. groups which have taken place recently, including This plan was drawn up by Mr. James A. Baker and in particular the killing of the young children, during his term as personal envoy of the UN Sec- and demand their immediate end. I also call on retary General and formally presented by the the Palestinian Authority to act, to the fullest Secretary General to the Security Council for its extent of its powers, to bring about a total cease- endorsement on 23 May 2003. fire and put an end to such terrorist outrages. The “Baker II” plan proposes a transitional I strongly urge the Israeli authorities to take period of four to five years during which western every precaution to avoid causing civilian casualt- Sahara would be self-governing under Moroccan ies and to conduct operations in full conformity sovereignty. A western Sahara authority, WSA, with the obligations of international humanitarian under a chief executive would be responsible for law, including the Fourth Geneva Convention. local government, internal security, law enforce- We all recognise Israel’s right and duty to protect ment, the economy, welfare and education, while its own citizens, but I am particularly concerned Morocco would be responsible for foreign at the civilian casualties on the Palestinian side, relations, national security and defence. At the including the many children killed or wounded, end of five years, a referendum would be held and the disproportionate force deployed by the giving residents a choice between independence, Israel Defence Forces, including the bulldozing of integration with Morocco or continued Palestinian homes and economic infrastructure. I autonomy. strongly support Kofi Annan’s call for an end to The Government believes that these proposals the incursions. I have also expressed my horror represent the best way forward towards a nego- at the appalling attacks directed against tourists tiated settlement of the issue which fully respects in Red Sea resorts. the right to self-determination of the Saharawi The Government has consistently spoken out people. Algeria and the Polisario front have indi- on its position in the UN and in other inter- cated their willingness to explore these proposals. national fora, most recently when my predecessor Morocco continues to reject them. United as Minister, Deputy Cowen, addressed the Gen- Nations efforts, led by the Secretary General’s eral Assembly in September. The Presidency, special representative, continue with the strong speaking on behalf of all member states including support of the Government. Ireland at the UN Security Council on 5 October, deplored the disproportionate nature of Israeli Overseas Development Aid. military actions in the Gaza Strip and called upon 122. Mr. Sargent asked the Minister for Foreign Israel to fully respect the Fourth Geneva Affairs if the Government, through its overseas Convention. aid programmes, plans to support water conser- The Government’s position on the Israel-Pales- vation projects in view of the worldwide threat to tine conflict has been one of consistent support water table levels. [24045/04] for a peaceful solution. Together with our EU partners, we are working for a negotiated end to Minister for Foreign Affairs (Mr. D. Ahern): the conflict leading to two states, Israel and Pales- The Government’s development co-operation tine, living at peace within secure and recognised programme seeks in particular to address the borders. The ongoing cycle of violence will not priority needs of our partner countries. Water lead to a resolution of the conflict, but only post- features prominently in many of our partners’ pone the day when an Israeli state and a Palestin- poverty reduction strategies. It is the key to good ian state can live side by side in peace and secur- health, agricultural and industrial productivity, ity. There is no substitute for political food security and, ultimately, poverty reduction. negotiations between the parties to the conflict On the other hand, lack of water is a threat facing leading to a lasting political settlement. I call on a large proportion of the world’s population, with both parties to work for an immediate ceasefire 5 billion people expected to suffer from water as a prelude to renewed political contacts. scarcity by 2025. The millennium development goals include the target of halving the proportion 121. Mr. Sargent asked the Minister for Foreign of people without sustainable access to safe Affairs his plans to support the establishment of drinking water and adequate sanitation by 2015. an independent state in western Sahara; and if he Against this background, the Government’s will make a statement on the matter. [24044/04] development programme attaches a very high importance to water resource management to Minister for Foreign Affairs (Mr. D. Ahern): satisfy the varying ecological, social and economic Ireland is a long-standing supporter of the right needs of our partner countries. Accordingly, of the Saharawi people to self-determination. The Ireland contributes substantial funds to the water Government played a prominent role in seeking sector through bilateral and multilateral channels. a solution to the western Sahara dispute during Bilateral assistance to our programme countries its term on the Security Council. On 31 July 2003 in the water and sanitation sector, for instance, the UN Security Council adopted Resolution increased from \6 million in 2000 to just over \12 1495 which, in addition to extending the mandate million in 2003. of the UN mission for the referendum in western Three practical examples of Development Co- Sahara, MINURSO, also recommended the operation Ireland’s activities are as follows. First, 193 Questions— 12 October 2004. Written Answers 194 integrated watershed management programmes additional \500 million possible in the subsequent in Ethiopia have resulted in community-led resto- phase, subject to member states’ approval. ration and management of the relevant water DI´ON Fund. catchment areas, with significant environmental 123. Mr. O’Connor asked the Minister for For- and economic benefits. Improved land manage- eign Affairs the funding he is providing to organ- ment through hillside terracing and gulley stabil- isations dealing with issues relating to Irish living isation has resulted in the replenishment of aqui- in the United Kingdom; and if he will make a fers and a rise in the water table, bringing statement on the matter. [24243/04] abandoned shallow wells back into use. This has 126. Mr. O’Connor asked the Minister for For- permitted the development of new income-gener- eign Affairs if assistance is being given to services ating activities such as bee-keeping and vegetable under an Irish abroad heading in Brent, London, gardening, with positive impacts on nutrition which is twinned with South Dublin County and livelihoods. Council; and if he will make a statement on the Second, under the water resources action pro- matter. [24394/04] gramme, Ireland is assisting the Zambian Minister for Foreign Affairs (Mr. D. Ahern): I Government to prepare an updated institutional propose to take Questions Nos. 123 and 126 framework that will promote the development together. and management of water resources in a sus- The DI´ON fund, through which the Govern- tainable manner. ment funds services to emigrants in Britain, has Third, the Government contributes \500,000 more than quadrupled in the past five years. This per annum to the International Water Manage- year Government funding for emigrant support ment Institute, IWMI. Irrigation accounts for stands overall at \5 million, representing an 70% of all water used in developing countries. increase of some two thirds over 2003. Most of Based in Sri Lanka, IWMI is a scientific research this funding goes to organisations in Britain, with organisation which works in 21 developing coun- 57 different bodies there having already benefited tries, pioneering improved water resource man- from support this year. Further support will be agement through more efficient approaches such allocated between now and the end of the year. ´ as drip irrigation. A summary follows of DION grants to date in 2004 to organisations in Britain. During our recent Presidency of the European I share the Deputy’s commitment to supporting Union, Ireland played a pivotal role in bringing services for the Irish in Brent. Brent and the sur- the European Development Fund programme rounding boroughs are home to a significant pro- known as the “European Union Water Facility” portion of London’s Irish community. In July, my to a successful outcome. The water facility will predecessor approved a grant of \100,000 to the finance access to clean water and sanitation as Brent Irish Advisory Service, a voluntary organis- well as improved water resources management ation which provides advice, information and sup- for the countries of Africa, the Caribbean and the port services to Irish people in need. I can assure Pacific regions. The facility, originally proposed the Deputy of the Government’s strong commit- by President Prodi in 2003, has funds available to ment to supporting organisations which provide it of up to \500 million in the first phase, with an front-line assistance to our emigrants in Britain.

Summary of DI´ON Grants in 2004

\

Existing Projects Safe Home Programme Ltd., Mulranny, Co Mayo 110,000 Aisling ‘Return to Ireland’ project, Camden 41,650 Acton Homeless Concern, North London 56,300 Age Concern Ealing Borough, West London 43,000 Age Concern Hackney Borough. North East London 21,800 Birmingham Irish Community Forum Ltd. (2nd tier) 33,750 Blackfriars Advice Centre, South London 39,650 Brent Irish Advisory Service (BIAS), North West London 100,000 Broadway — Day Centre and Night Shelter, London 32,000 Cairde na nGael — Newham & District Friends of Ireland, London 51,600 Camden Elderly Irish Network (CEIN), North London 30,550 CARA Housing Association — Traveller Advice Service, Haringey 22,600 The Connection at St. Martin’s, Central London 23,700 Coventry Irish Society (formerly ICARG) 77,700 Cricklewood Homeless Concern, North London (2 projects) 96,300 Federation of Irish Societies (Community Care) (2nd tier) 65,900 195 Questions— 12 October 2004. Written Answers 196

\

Finsbury Park Street Drinkers Initiative (FPSDI), North London 33,000 Gloucester Emergency Accommodation Resource (GEAR) 13,000 Haringey Irish Cultural & Community Care Centre North London 82,850 Immigrant Counselling & Psychotherapy (ICAP) (2 projects) 92,000 Irish Commission for Prisoners Overseas (ICPO) 110,000 Irish Centre Housing — Job Powerhouse project, North London 32,600 Irish Community Care Merseyside (2 projects) 108,850 Irish Community Care Manchester (2 projects) 98,600 Irish Welfare & Information Centre, Birmingham (2 projects) 151,350 Irish in Greenwich Project (2 projects), East London 92,600 Irish Charitable Trust / Irish Support & Advice Service, Hammersmith 70,000 Irish Travellers Movement (ITM) (2nd tier) 47,150 Leeds Irish Health and Homes (LIHH) 83,700 Lewisham Irish Community Centre, South London 29,700 Leicester Irish Forum 21,000 London Irish Centre Charity Camden (LICC) (3 projects) 159,650 London Irish Elders’ Forum (LIEF) (2nd tier) 42,000 London Irish Women’s Centre (LIWC) (2 projects) 87,300 London Gypsy and Traveller Unit (LGTU) 64,500 Luton Irish Forum 35,150 The Maya Counselling Centre, Islington, North London 18,200 New Horizon Youth Centre, Central London 32,000 NOAH Enterprise, Luton 56,100 Northampton Irish Support Group 41,650 The Passage — Day Centre and Night Shelter, Central London 38,350 Rehab Irish Elders’ Resource Centre, Coventry 54,800 Safe Start Foundation, Cricklewood, North London 38,550 Sheffield Gypsy and Traveller Support Group 18,400 The Simon Community, London 39,750 Southwark Irish Pensioners Project (SIPP), South London 66,400 Southwark Travellers’ Action Group (STAG), South London 58,750 South London Irish Welfare Society, Wimbledon 69,050 St. Mungo’s Housing Association, London 28,750 Kilburn Irish Pensioners Club, North London 3,000 Tara Irish Pensioners Club, North London 3,000

New Projects Federation of Irish Societies (Capacity Building project) 270,000 Arlington Action Group, Camden, North London 30,350 Federated Irish Association Nottingham & Notts (FIANN) 36,400 Sheffield Irish People’s Support & Development Group 44,400 Sandwell Irish Society, West Midlands 35,300 The Emerald Circle, Harrow. North West London 3,000 GAA London Schools Board education project 32,000

Total Grants approved to date 3,319,700

Northern Ireland Issues. addition, I had a very useful meeting with the SDLP in Dundalk on 8 October. I will travel 124. Mr. O’Connor asked the Minister for For- today to Hillsborough and Belfast for separate eign Affairs if he will report on his endeavours meetings with the Secretary of State for Northern with regard to the Northern peace process; and if Ireland, Paul Murphy, and with the Alliance he will make a statement on the matter. party. [24244/04] All these contacts and engagements are Minister for Foreign Affairs (Mr. D. Ahern): focused on following up on the issues outstanding Since becoming Minister for Foreign Affairs, I from the talks in Leeds Castle on 16 to 18 Sep- have, together with the Taoiseach, met senior del- tember. Together with the Taoiseach, I expect to egations from the DUP and Sinn Fe´in in Dublin maintain this intensive engagement in the days on 30 September and 4 October respectively. In and weeks ahead with the objective of securing a 197 Questions— 12 October 2004. Written Answers 198 comprehensive agreement that addresses all of at Leeds Castle regarding possible changes to the the outstanding issues and facilitates an early res- operation of the institutions in strands one, two toration of the political institutions in Northern and three. These issues have been the subject of Ireland. discussions with and between the parties in the last three weeks. Human Rights Issues. The meeting with the DUP at Government 125. Mr. Deasy asked the Minister for Foreign Buildings was focused on these outstanding Affairs if his attention has been drawn to the fact issues. The Taoiseach briefed the DUP del- that it is usual that Irish citizens being deported egation on the ongoing efforts to bring the from the United States are being held in deten- required clarity and certainty to the question of tion centres for periods up to three months at a ending paramilitary activity and capability. In time; and if he will make a statement on the addition, the Government stressed that any matter. [24313/04] changes to the political institutions must respect the fundamental power-sharing and partnership Minister for Foreign Affairs (Mr. D. Ahern): I principles of the Good Friday Agreement. share the Deputy’s concern regarding the length We also emphasised to the DUP the import- of time taken to process deportations from the ance of building on the momentum of the Leeds US. While from experience it is not possible to Castle talks and of securing early progress on all state precisely how long an individual process will of the outstanding issues. The Government is take, with deportation times varying depending committed to achieving a comprehensive agree- on the circumstances of each individual’s case, the ment for Northern Ireland that facilitates a resto- three most recent cases our missions in the US ration of the political institutions at an early date. dealt with each took one to two months to To do so, we will continue to liaise closely with complete. the British Government and the parties in the The department of homeland security has indi- Northern Ireland Assembly, including the DUP. cated that the delays relate to the logistical and administrative procedures involved in deporting Foreign Conflicts. an individual from the US, including on occasion 128. Mr. F. McGrath asked the Minister for the transfer of an individual to an immigration Foreign Affairs the reason for no condemnation detention centre, the scheduling of flights, the of the Israeli killing of more than 84 Palestinians, provision of a ten-day notification procedure to 35 of them children; and if he will raise this issue the US embassy in the receiving country, and the at UN level. [24523/04] provision of an escort by immigration officials if required. Minister for Foreign Affairs (Mr. D. Ahern): I I assure the Deputy that, as part of the consular have spoken out strongly on the continuing fight- assistance provided to Irish citizens in the US fac- ing in the Gaza Strip, both in a public statement ing deportation, the embassy and our consulates on Monday 4 October and subsequently in the closely monitor the process and liaise with the debate on the adjournment which took place on appropriate US authorities, who are aware of our 6 October. I have strongly urged the Israeli auth- concerns. The Deputy can be assured that we will orities to take every precaution to avoid causing continue to press for the process to be speeded civilian casualties and to conduct operations in up. full conformity with the obligations of inter- national humanitarian law, including the Fourth Question No. 126 answered with Question Geneva Convention. We all recognise Israel’s No. 123. right and duty to protect its own citizens, but I am particularly concerned at the civilian casualties on Northern Ireland Issues. the Palestinian side, including the many children killed or wounded, and the disproportionate force 127. Mr. O’Connor asked the Minister for For- deployed by the Israel Defence Forces, including eign Affairs if he will report on his recent historic the bulldozing of Palestinian homes and econ- meeting with the DUP leadership; and if he will omic infrastructure. I strongly support Kofi make a statement on the matter. [24395/04] Annan’s call for an end to the incursions. Minister for Foreign Affairs (Mr. D. Ahern): The Government has consistently set out its On 30 September, together with the Taoiseach, I position in the UN and in other international met a DUP delegation at Government Buildings. fora, most recently when my predecessor The delegation was headed by the leader of the addressed the General Assembly in September. party, Dr. Ian Paisley. This meeting was the first The Presidency, speaking on behalf of all mem- with the DUP leadership to be held in Dublin and ber states, including Ireland, at the UN Security was a welcome opportunity to discuss further the Council on 5 October, deplored the dispro- outstanding issues from the Leeds Castle talks. portionate nature of Israeli military actions in the As we made clear in the joint statement after Gaza Strip and called upon Israel to fully respect these talks, both Governments are of the view the Fourth Geneva Convention. In addition to that the issues relating to the ending of para- these statements, we joined with our European military activity and decommissioning can be Union partners in the public statement issued fol- resolved. However, consensus was not achieved lowing the meeting of the General Affairs and 199 Questions— 12 October 2004. Written Answers 200

[Mr. D. Ahern.] she will make a statement on the matter. External Relations Council in Luxembourg on [24011/04] Monday, 11 October. We will continue to engage Minister for Education and Science (Ms constructively with all efforts to bring an end to Hanafin): The National Council for Special Edu- the violence in the region and to bring about full cation has been established as an independent compliance by all parties with their obligations statutory body under the National Council for under the roadmap. Special Education (Establishment) Order, 2003. The order requires the council to undertake its Education Schemes. full range of functions with effect from October 129. Mr. O’Dowd asked the Minister for Edu- 2004. The council has approval to employ up to cation and Science if local development partner- 80 special educational needs organisers, SENOs, ship based in Drogheda and Dundalk can offer to undertake the service delivery aspects of its financial assistance to third level students in the functions. I understand that most of these SENOs Ardee area; and if she will make a statement on were appointed at the beginning of September the matter. [24336/04] and that the council expects to have its full com- plement of SENOs appointed by the end of the Minister for Education and Science (Ms year. I further understand that the council will Hanafin): The report of the action group on deploy the SENOs throughout the State to ensure access to third level education, published in 2001, national coverage. sets out detailed recommendations in relation to The number of SENOs employed at any given the operation of the millennium partnership fund time, the details of the exact locations in which for disadvantage which provides assistance to they are employed and their detailed job descrip- partnership companies and community groups to tions are all internal operational matters for the develop their support schemes for students from National Council for Special Education. I will disadvantaged families. These partnerships and request the council to provide the information community groups operate in the most disadvan- directly to the Deputy. taged areas in the country with a brief to engage in local development activities to promote social Teaching Qualifications. and economic inclusion. Area Development Management, ADM, Limited, under whose aegis 131. Mr. Mulcahy asked the Minister for Edu- the partnerships operate, has administered the cation and Science further to the Adjournment debate of 6 November 2003 concerning art fund since its introduction in the 2001-02 teacher qualifications, if she will act on the apol- academic year. ogy recommended by her own inspectorate for The geographical focus of the local develop- the severe career damage caused by the failure of ment partnerships based in Drogheda and Dun- key Department personnel to wind up her dalk is the urban or borough district council area Department’s hazardous technical schools system boundaries of each of the towns respectively. of art teacher training in the 1970s; and if she will Students pursuing further or higher education make a statement on the matter. [24012/04] courses, who are from areas within each of these boundaries and who are in need of additional fin- Minister for Education and Science (Ms ancial assistance to support their retention in edu- Hanafin): The matter of art teachers who failed cation are eligible to apply to the respective local to become fully qualified through the technical development partnership for millennium partner- schools examinations system, which was wound ship funding. The town of Ardee is outside these up in 1988, was examined in the course of dis- boundaries and therefore outside the scope of the cussions with the teachers’ representative bodies. millennium partnership fund as managed by Arising from these discussions, a course was Drogheda or Dundalk partnership. organised by my Department which gave such The educational maintenance grant schemes teachers the opportunity to become fully quali- are available for qualifying students, including the fied. The course, called the NUI diploma in art special rate of maintenance grant for students teaching, was a one-year course run by the from families on low incomes. In addition, finan- National College of Art and Design in the 2001- cial support is available to students in approved 02 academic year and again in the 2002-03 third level institutions through my Department’s academic year. student assistance fund. The objective of the fund is to assist those students who might, due to their Special Educational Needs. financial circumstances, be unable to continue 132. Mr. Aylward asked the Minister for Edu- their third level studies. cation and Science if she will approve funding immediately for the provision of a secondary Special Educational Needs. school for children with autism and autistic spec- trum disorders in Kilkenny; and if she will make 130. Mr. Stanton asked the Minister for Edu- a statement on the matter. [24013/04] cation and Science the number and location of special educational needs organisers appointed; Minister for Education and Science (Ms the responsibilities of these co-ordinators; and if Hanafin): My Department has no record of hav- 201 Questions— 12 October 2004. Written Answers 202 ing received an application for the establishment 154. Mr. Costello asked the Minister for Edu- of a secondary school for pupils with autism and cation and Science if she will reconsider the autistic spectrum disorders in Kilkenny. I can decision of her predecessor to close a college confirm, however, that my officials are examining (details supplied) in County Dublin; and if she a proposal to construct a new building for the will make a statement on the matter. [24220/04] Holy Spirit special school in Kilkenny which cat- ers for pupils with special needs including those 176. Mr. McCormack asked the Minister for with autism. The proposal allows for provision for Education and Science the situation regarding the pupils with autism in the school up to 18 years of future of a college (details supplied) in County age. It is expected that discussions on this matter Dublin; if, in arriving at a decision on this matter, will be completed shortly. she took into consideration the advice of the con- sultant and her own Department officials; if the college will be kept open; and if she will make a Psychological Service. statement on the matter. [24467/04] 133. Mr. O’Dowd asked the Minister for Edu- cation and Science if the NEPS based in 179. Mr. Fleming asked the Minister for Edu- Drogheda covers a school (details supplied); and cation and Science if she will reconsider the if not, the reason therefore; and if she will make decision to close a college (details supplied) in a statement on the matter. [24014/04] County Dublin; and if she will make a statement on the matter. [24518/04] Minister for Education and Science (Ms Hanafin): Owing to staff changes in the National Minister for Education and Science (Ms Educational Psychological Service, NEPS, there Hanafin): I propose to take Questions Nos. 135, was a period of time when it was not possible to 150, 154, 176 and 179 together. offer a service to the school in question. The issue of the future of the college, which is However, I am pleased to inform the Deputy that the subject of the questions posed by the the situation has been resolved, and a NEPS psy- Deputies, arose in the context of a decision by chologist has been assigned to the school. the trustees of the college that, due to personnel and financial considerations, they were no longer Special Educational Needs. in a position to fulfil the role of trustees of the college. Following discussions between the trus- 134. Mr. O’Dowd asked the Minister for Edu- tees and my Department, it was agreed that a cation and Science if extra special needs assistant consultant would be appointed who would meet hours will be allocated to persons (details with relevant parties and prepare a report on the supplied) in County Louth; and if she will make options for the college’s future. a statement on the matter. [24016/04] The consultant’s report was thoroughly exam- Minister for Education and Science (Ms ined in my Department and the options for the Hanafin): On 15 September 2004, my Depart- future of the college were set out for my prede- ment received an application from the school in cessor’s consideration. Having carefully con- question for an increase in the special needs sidered all of them and having taken into account assistant support levels for the pupils referred to other factors such as the national spatial strategy, by the Deputy. However, the application was relevant costs in a time of financial constraint, a incomplete as the relevant supporting docu- Government decision to restrict public service mentation did not accompany the application. numbers, the need to secure value for money and The school was advised of this on 24 September. a better allocation of resources, the then Minister, Additional information was submitted by the Deputy Dempsey, decided that these consider- school on 6 October and this will now be con- ations are best served by the closure of the col- sidered by my Department. The application will lege and the designation of St. Angela’s College, also be considered in the context of the support Sligo as the sole centre for the training of home available in the school. A response will issue to economics teachers. the school as soon as this process has been It was agreed that the closure of the college completed. would be phased over three academic years to facilitate students enrolled in the college to fully Closure of College. complete their studies without moving location 135. Mr. Deenihan asked the Minister for Edu- and to ensure that there was an adequate tran- cation and Science if she will reverse the decision sition period for staff. On that basis there has of her predecessor to close a college (details been no intake of first year students to the college supplied) in County Dublin; and if she will make for the 2004-05 year. Instead, these students are a statement on the matter. [24017/04] now in St Angela’s College. Officials from my Department have already met with the trustees 150. Mr. Crawford asked the Minister for Edu- and with management authorities of the college cation and Science if she will reconsider the situa- to discuss the necessary practical arrangements, tion regarding the future of a college (details including arrangements in relation to the position supplied); and if she will make a statement on the of the staff of the college. I have no plans to matter. [24212/04] reconsider the decision to close the college. 203 Questions— 12 October 2004. Written Answers 204

Schools Building Projects. Administration of Universities. 136. Mr. Stagg asked the Minister for Edu- 138. Mr. F. McGrath asked the Minister for cation and Science when architectural planning Education and Science if an outdated practice for the permanent building project for a school (details supplied) at Trinity College library will (details supplied) in County Kildare will be com- be investigated; and if she will make a statement pleted; and when funding will be provided for the on the matter. [24061/04] new school. [24048/04] Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): Any issues around internal administra- Hanafin): As recently announced, over the tive practices within the Trinity College library remainder of this school year a new school plan- are a matter for that university, in line with the ning model involving published area development provisions of the Universities Act 1997. I have plans will be piloted in five areas. Included in the no plans to look into internal university issues of pilot scheme is the N4-M4 route from Leixlip to that nature. Kilcock and including Maynooth and Celbridge and from Enfield through to Kilbeggan. The plan School Accommodation. for this particular area, which was published in 139. Mr. Kehoe asked the Minister for Edu- June of this year, includes the school to which the cation and Science when a decision will be made Deputy refers. regarding the application for additional accom- The purpose of this new approach to school modation at a school (details supplied) in County planning is to ensure that, in future, the provision Carlow. [24062/04] of school infrastructure will be decided only after Minister for Education and Science (Ms a transparent consultation process. In this regard, Hanafin): The school planning section of my parents, trustees, sponsors of prospective new Department is currently examining all building schools and all interested parties in an area will projects on hands in line with the project prior- have the opportunity to have their voices heard itisation criteria that were recently revised in con- in the process. sultation with the education partners. The pro- The Commission on School Accommodation is posed project at the school to which the Deputy conducting the public engagement process on the refers is included in this review. draft N4-M4 plan under which all interested par- I expect to be in a position to provide an ties can make submissions. The process will cul- update in relation to the progress of individual minate in the publication of a final development projects later this year. plan for the area against which all capital funding decisions will be made over the next decade. I am School Services Staff. confident that this approach to school planning will provide a mechanism to ensure that capital 140. Cecilia Keaveney asked the Minister for funding is allocated in both a structured and a Education and Science if secretaries in national clearly identifiable manner into the future. Most schools receive a weekly salary during summer and public holidays; and if she will make a state- importantly, all the stakeholders in education will ment on the matter. [24072/04] have the opportunity of having their voices heard in the process. Minister for Education and Science (Ms Hanafin): School secretaries in certain primary Schools Refurbishment. schools, employed under the 1978-79 scheme are paid a salary throughout the year, including 137. Mr. Neville asked the Minister for Edu- holiday periods. cation and Science when refurbishment work and In the case of all other secretaries in primary two classroom extensions will be completed at a schools, the arrangement is that each school school (details supplied) in County Limerick. receives a grant from my Department for the pro- [24058/04] vision of secretarial and other ancillary services. Minister for Education and Science (Ms It is a matter for each school to determine how Hanafin): An application for grant aid towards best to meet its secretarial requirements. My refurbishment and additional accommodation has Department has no direct role in the pay and con- been received from the management authority of ditions of service, including pay for holiday the school to which the Deputy refers. periods, of secretaries employed directly by My officials are nearing completion of a review schools under these arrangements. of all projects in line with the revised prioritis- ation criteria that resulted from consultation with Special Educational Needs. the partners. The purpose of the review is to 141. Mr. Gogarty asked the Minister for Edu- enable and inform a multi-annual approach to the cation and Science when a special needs assistant school building programme. I expect to be pro- will be employed for a person (details supplied) viding details of this multi-annual programme in County Dublin; and if she will make a state- before the end of the current year. ment on the matter. [24073/04] 205 Questions— 12 October 2004. Written Answers 206

Minister for Education and Science (Ms port has been received by her Department in Hanafin): I can confirm to the Deputy that my respect of a person with special needs (details Department received an application for special supplied) in County Mayo; and if so, when a needs assistant support for the pupil in question. decision will be made in this case. [24121/04] At present, my Department is considering the levels and deployment of SNA support in main- Minister for Education and Science (Ms stream national schools generally and the appli- Hanafin): I will arrange for my officials to investi- cation is being considered in this context. A gate the matter raised by the Deputy and contact decision on the application will be conveyed to will be made with the school authorities in this the school as soon as this process has been regard. completed. School Transport. 142. Mr. Carey asked the Minister for Edu- cation and Science if, in view of the fact that a 145. Mr. J. O’Keeffe asked the Minister for person (details supplied) in Dublin 11 is out of Education and Science further to Question No. school due to the necessary resources not being 580 of the 29 September 2004, the way in which in place to meet their needs; will these resources her Department calculates the cost of the pro- will be provided without delay; and if she will posed route extension. [24130/04] make a statement on the matter. [24074/04] Minister for Education and Science (Ms Hanafin): Bus E´ ireann, which administers the Minister for Education and Science (Ms school transport scheme on behalf of my Depart- Hanafin): I can confirm that my Department ment, calculates the cost of any proposed school recently sanctioned a special needs assistant to bus route extension based on a number of factors. cater for the care needs of the pupil in question. The rate per mile involved in operating school An application for resource teaching support is services is negotiated between Bus E´ ireann and being considered and a further communication will issue to the school authorities in relation to individual contractors. this matter as soon as this process has been The distance involved in any proposed route completed. extension has a direct bearing on the cost of pro- viding an extension of service. The cost of a ser- Schools Refurbishment. vice extension increases in proportion to the mile- age involved. In addition, the cost of operating a 143. Mr. Perry asked the Minister for Edu- school bus per mile varies depending on the size cation and Science if she will report on the exten- of bus on the bus route, be it a minibus, a sion and refurbishment of a school (details medium-sized bus or a large bus, and the local supplied); when the funds will be sanctioned; the transport market environment can also influence amount allocated; when a commencement date the cost of engaging a bus to provide a service. will be established; and if she will make a state- ment on the matter. [24101/04] Schools Building Projects. Minister for Education and Science (Ms 146. Mr. P. McGrath asked the Minister for Hanafin): The building project for the first school Education and Science her views on whether the referred to by the Deputy is at an advanced stage Castleknock electoral area will require an of architectural planning. It has been assigned a additional secondary school; and if she will make band 3 rating. This project was not authorised to a statement on the matter. [24164/04] proceed to tender and construction this year. The building project for the second school Minister for Education and Science (Ms referred to by the Deputy is at an early stage of Hanafin): The position at post-primary level in architectural planning. It has been assigned a the Castleknock area is quite complex because, band 2 rating. My Department’s officials recently while some schools in the area are full to capacity, wrote to the school authorities requesting others are in a position to offer places. The objec- additional information on their stage two sub- tive of my Department is to ensure that the exist- mission, the developed sketch scheme, and a ing schools can, between them, cater for demand response is awaited. within the area generally. My Department’s officials are reviewing all However, in view of the current and planned projects that were not authorised to proceed to level of housing developments in this area, my construction as part of the 2004 school building Department has requested Fingal County Council programme, including the projects in question, to reserve two sites in Dublin 15 for the possible with a view to including them as part of a multi- future development of post-primary schools. The annual school building programme from 2005. I rate and pace of housing developments, the level expect to make further announcements in this of consequential increased demand and the avail- regard before the end of the year. ability of places in the overall Dublin 15 area will determine the timing for the acquisition and Special Educational Needs. development of these sites. 144. Mr. Ring asked the Minister for Education Any decisions to allocate capital funding for and Science if an application for educational sup- post primary education in this area will be 207 Questions— 12 October 2004. Written Answers 208

[Ms Hanafin.] she will make a statement on the matter. reflected in the multi-annual programme which is [24167/04] due to be published later this year. Minister for Education and Science (Ms Hanafin): My Department was not involved in School Staffing. providing funding for a library project at the 147. Mr. O´ Fearghaı´l asked the Minister for school referred to by the Deputy. Education and Science if she will examine the special needs staffing resources allocation to a Question No. 150 answered with Question school (details supplied) in County Kildare, in No. 135. view of the fact that the school’s current allo- cation falls 3.34 staffing units short of its apparent Ministerial Appointments. entitlements. [24165/04] 151. Ms Enright asked the Minister for Edu- Minister for Education and Science (Ms cation and Science the ministerial appointments Hanafin): I understand that the school in ques- made in her Department since the beginning of tion has six special classes for pupils with special 2004; the dates on which such appointments were educational needs. The approved level of teach- made; and if she will make a statement on the ing staff has been sanctioned for all these classes matter. [24214/04] in accordance with my Department’s criteria. In Minister for Education and Science (Ms addition, the school has the services of two full- Hanafin): The information the Deputy has sought time resource teaching posts and two full-time is being compiled and will be forwarded directly learning support teacher posts. to her. The school authorities have recently been informed of the outcome of applications for sup- School Inspectorate. port for pupils with lower-incidence SEN. These resources are in addition to the resources men- 152. Ms Enright asked the Minister for Edu- tioned above and can be put in place cation and Science the manner in which a person immediately. may be appointed as a school inspector; and if she will make a statement on the matter. [24215/04] School Accommodation. Minister for Education and Science (Ms 148. Mr. Kehoe asked the Minister for Edu- Hanafin): Inspectors of schools are appointed cation and Science the person on whose advice under the provisions of Section 13 of the Edu- her Department’s allocation of two extra cation Act 1998. Recruitment of permanent staff classrooms to a school (details supplied) in to the inspectorate is undertaken by the Office of the Civil Service and Local Appointments Com- County Carlow was overturned; and if she will missioners under the terms of the Civil Service make a statement on the matter. [24166/04] Commissioners Act 1956. The commissioners Minister for Education and Science (Ms provide an independent recruitment and selection Hanafin): All applications for temporary accom- service to my Department. modation were examined by my Department’s Vacancies that arise in the inspectorate are school planning section. In the context of the advertised by the commissioners from time to available funding and the number of applications time and competitive interviews are held. Follow- for that funding, it was not possible to approve ing the competition for particular positions, offers all applications received and only those with an of appointment to the inspectorate are made by absolute and demonstrated need for additional my Department to successful candidates on accommodation were approved. The application receipt of a notice of selection from the com- by the school referred to by the Deputy was not missioners. successful on this occasion. The school’s need for additional accommo- Schools Amalgamation. dation is being considered in the context of a 153. Mr. Connaughton asked the Minister for review which is being undertaken of all projects Education and Science the reason the proposed that did not proceed as part of the 2004 school amalgamation of colleges (details supplied) in building programme with a view to including it as County Galway has not taken place in view of the part of a multi-annual school building programme fact that the idea was first mooted over eight from 2005. I expect to be in a position to make a years ago; the further reason there were much further announcement in this matter later this fewer meetings between all the stakeholders and year. her Department in 2004 than in previous years; if there is agreement with and between all the School Libraries. stakeholders on the project; and if she will make a statement on the matter. [24219/04] 149. Mr. Kehoe asked the Minister for Edu- cation and Science the amount of State funding Minister for Education and Science (Ms which was given towards the new library at a col- Hanafin): Agreement has been reached with the lege (details supplied) in County Dublin; and if management authorities of the two schools 209 Questions— 12 October 2004. Written Answers 210 referred to by the Deputy to develop a single filling of approved posts rests with the relevant post-primary school in the centre. school authorities and information regarding the My officials are nearing completion of a review number of unfilled posts at any one time is not of all projects which did not proceed to construc- held by my Department. The Deputy may be tion as part of the 2004 school building pro- interested to know that there are 1,531 learning gramme with a view to including them as part of support posts and more than 2,500 full-time a multi-annual programme from 2005. The equivalent resource teaching posts in the primary accommodation needs of the schools referred to school system. arising from the amalgamation are being con- sidered in this regard. I expect to be providing 158. Mr. Deasy asked the Minister for Edu- details of this multi-annual programme before the cation and Science the number of applications end of the current year. My officials have been in received by her Department for remedial contact with the school authorities as required to teachers and resource teachers in both primary progress the detailed preliminary work necessary and post-primary schools; and the number of to facilitate this large-scale building project. positions filled in each category. [24304/04]

Question No. 154 answered with Question Minister for Education and Science (Ms No. 135. Hanafin): The precise information requested is not readily accessible. However, I am arranging Special Educational Needs. for the available information to be compiled and sent directly to the Deputy. 155. Mr. Kenny asked the Minister for Edu- cation and Science if she will detail in specific and Schools Building Projects. clear terms the resource teaching hours that are to be allocated to a person (details supplied) in 159. Mr. Deasy asked the Minister for Edu- County Limerick; and if she will make a state- cation and Science the status of the building pro- ment on the matter. [24298/04] gramme for a school (details supplied) in County Waterford; if her attention has been drawn to the Minister for Education and Science (Ms serious safety concerns being expressed as the Hanafin): I can confirm that an application for school is divided in two by a very busy main road resource teaching support was received for the and warrants priority as a consequence. pupil referred to by the Deputy. [24305/04] A response issued to the school recently indi- cating that, based on the documentation submit- Minister for Education and Science (Ms ted, the pupil did not meet the criteria outlined Hanafin): The school planning section of my in Department circulars for such support. The Department is examining all building projects on application will be reconsidered if additional hands in line with the project prioritisation cri- information in relation to the pupil’s special edu- teria that were recently revised in consultation cational needs is received in my Department. with the education partners. The proposed pro- ject at the school to which the Deputy refers is 156. Mr. Deasy asked the Minister for Edu- included in this review. I expect to be in a posi- cation and Science the level of funding that is tion to provide an update in relation to the pro- being expended on special needs children in pri- gress of individual projects later this year. mary school and post-primary school over each of the past five years in each category; and the 160. Mr. Deasy asked the Minister for Edu- way in which this level compares per capita with cation and Science if he will provide additional other countries in the EU; the level of funding funding for building work needed at a school she envisages spending over the next 12 months; (details supplied) in County Waterford in view of and if she will make a statement on the the fact that the original school building becomes matter. [24302/04] flooded every time it rains. [24306/04]

Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): The information requested by the Hanafin): The school planning section of my Deputy is not readily available. Arrangements Department is currently examining all building are being made to have the available information projects on hands in line with the project prior- compiled and forwarded to the Deputy. itisation criteria that were recently revised in con- sultation with the education partners. The pro- School Staffing. posed project at the school to which the Deputy 157. Mr. Deasy asked the Minister for Edu- refers is included in this review. I expect to be in cation and Science the number of special needs a position to provide an update in relation to the teaching positions that are waiting to be filled. progress of individual projects later this year. [24303/04] 161. Mr. Deasy asked the Minister for Edu- Minister for Education and Science (Ms cation and Science if she will confer with the Hanafin): My Department approves special needs National Roads Authority regarding the serious teaching posts on an assessed needs basis. safety concerns at a school (details supplied) in Responsibility for recruitment associated with the County Waterford with regard to its proximity to 211 Questions— 12 October 2004. Written Answers 212

[Mr. Deasy.] the provision of primary education in the area in the N25 and the number of fatal and near fatal question. The purpose of the examination is to crashes that have occurred outside the school; determine the likely demand for primary school and if she will make a statement on the places in the medium to long term and how exist- matter. [24307/04] ing provision can be maximised to cater for this demand. The school planning section began this Minister for Education and Science (Ms examination in May 2004 and it has been in com- Hanafin): The school planning section of my munication with the school authorities on a Department is examining all building projects on number of occasions since then. hands in line with the project prioritisation cri- My Department will endeavour to complete teria that were recently revised in consultation the examination within a realistic timescale. with the education partners. The proposed pro- When it has been completed, a decision will be ject at the school to which the Deputy refers is made on the appropriate allocation of capital included in this review. I expect to be in a posi- funding to meet identified future needs. tion to provide an update in relation to the pro- gress of individual projects later this year. School Accommodation. 164. Mr. Ring asked the Minister for Education Institutes of Technology. and Science when an extension at a school 162. Mr. Deasy asked the Minister for Edu- (details supplied) in County Mayo was first cation and Science the per capita grant available applied for; the stage the project is at; and when to schools (details supplied); if funding at the the school can expect progress in this matter. School of Music in WIT will be brought in line [24364/04] with the other institutes; and if she will make a Minister for Education and Science (Ms statement on the matter. [24309/04] Hanafin): My Department received an appli- Minister for Education and Science (Ms cation for additional accommodation from the Hanafin): The annual budget for each institute of school referred to by the Deputy in March 1999. technology is at present allocated on the basis of The building project is at an early stage of archi- its total pay and non-pay requirements following tectural planning, stage 1-2 — site suitability-out- consideration of its annual programmes and line sketch scheme. It has a band 3 rating. budget submission which is required under the My Department’s officials are reviewing all RTC-DIT Acts. The allocation takes into account projects that were not authorised to proceed to the complexity of the institute, the range of construction as part of the 2004 school building courses and facilities offered to students, the total programme, including the project in question, number of students, both full-time and part-time, with a view to including them as part of a multi- and the nature of the infrastructure. Decisions on annual school building programme from 2005. I the allocations also have regard to Government expect to make further announcements in this policy and priorities. The distribution of the fund- regard before the end of the year. ing allocated to each institute among individual schools and departments is a matter for the man- Psychological Service. agement authorities of the institute. 165. Mr. Aylward asked the Minister for Edu- With regard to funding for the Waterford cation and Science if the NEPS will reconsider Institute of Technology, the position is that my the claim by a person (details supplied) in County Department’s provisional budget to the institute Carlow for the cost of private psychologist’s for 2004 is \41.6 million. This compares with a assessment; and if she will make a statement on budget of \39.6 million in 2003 — an increase of the matter. [24367/04] 5.1%. This compares with an increase of 4.5% to the Dublin Institute of Technology and 4.4% to Minister for Education and Science (Ms the Cork Institute of Technology. Hanafin): Children in schools served by the National Educational Psychological Service have Schools Building Projects. access to its service, free of charge, which includes the provision of individual psychological assess- 163. Ms Shortall asked the Minister for Edu- ments where appropriate. Unfortunately, my cation and Science, further to Question No. 344 Department is not yet in a position to offer this of 5 October 2004, the details of the examination service to all schools. As an interim measure, my of the provision of primary education in the area; Department funds the scheme for commissioning when this examination commenced; when it is psychological assessments. This scheme is primar- due to be completed; the details of its scope; and ily available to those schools that do not yet have when a decision on the allocation of funding access to the NEPS service. To allow all the eli- necessary to purchase the site for the school in gible schools to have the opportunity to access question is likely. [24339/04] the available funding, the number of assessments Minister for Education and Science (Ms per school is determined by the number of pupils. Hanafin): Officials in the school planning section Whether a school is eligible for NEPS or for of my Department, in conjunction with the SCPA, the school principal prioritises pupils for schools management authorities are examining assessment, based on the teachers’ knowledge of 213 Questions— 12 October 2004. Written Answers 214 them. Funding is not available from my Depart- vided, including the recommendations made by ment to reimburse parents who have themselves National Educational Psychological Service, and arranged assessments from private practitioners. having regard to the overall level of resources If the Deputy supplies the roll number of the already available to the school to address special school which this child attends, the National Edu- needs issues. If the school authority is of the view cational Psychological Service will be able to that its existing approved allocation is incapable investigate the matter further. of addressing the current level of assessed special needs, including those of the pupil in question, Special Educational Needs. within the school, my Department will be pre- 166. Mr. Healy-Rae asked the Minister for pared to consider the school’s case. Education and Science if the provision of a full- time special needs assistant for a person (details Youth Services. supplied) in County Kerry will be expedited; and 168. Mr. O’Connor asked the Minister for Edu- if she will make a statement on the matter. cation and Science if she has plans to provide [24368/04] increased funds for youth services; if her attention Minister for Education and Science (Ms has been drawn to the importance of the work Hanafin): I can confirm that my Department has being done in this regard; and if she will make a received an application for special needs assistant statement on the matter. [24383/04] support for the pupil referred to by the Deputy. Minister for Education and Science (Ms The National Educational Psychological Service Hanafin): The funding for the youth affairs has recommended five hours special needs assist- section of my Department for 2004 is \28.624 ant support per week for the pupil in question. million which is an increase of 5.5% over the 2003 Evidence provided in supporting documentation allocation of \27.123 million. This allocation does not meet criteria for allocation of a full-time includes an amount of \500,000 which has been SNA under the terms of circular 07/02. made available in 2004 towards the implemen- My Department’s inspectorate has evaluated tation of the national youth work development the case. The advice provided is that the school plan. Funding for the youth work sector has should deploy its two existing full-time SNAs in increased by approximately 60% since 1998 a flexible manner to meet the needs of all the which is evidence of this Government’s commit- pupils with special care needs in the school, ment to the sector. including the pupil in question. My Department I am conscious of the valuable work being car- officials have notified the school authorities of ried out in the youth work sector. I assure the the outcome of the application. Deputy of my support for the sector and that it is 167. Mr. Ring asked the Minister for Education my intention to make every effort to secure and Science when a person (details supplied) in additional funding for youth work services in the County Mayo will be given a full-time special future. needs assistant; and if they will receive extra hours help. [24382/04] School Accommodation. 169. Mr. Connaughton asked the Minister for Minister for Education and Science (Ms Education and Science if she will sanction the Hanafin): Where a pupil with special educational board of management of a school (details needs enrols in a post-primary school, it is open supplied) in County Galway to apply for planning to the school to apply to my Department for permission to provide two extra classrooms and a additional teaching support for the pupil. My general purpose room under the devolved grant Department allocates additional teaching support scheme in view of the fact that the application has and special needs assistant support to second been made to her Department for grant aid since level schools and vocational educational commit- May or June 2004; and if she will make a state- tees to cater for pupils with special educational ment on the matter. [24384/04] needs. Each application is considered on the basis of the assessed needs of the pupils involved and Minister for Education and Science (Ms the nature and level of support provided is deter- Hanafin): An application for grant aid towards mined on the advice of the psychological service. additional accommodation has been received The school concerned has been allocated seven from the management authority of the school to hours per week additional teaching support and which the Deputy refers. also five hours per week special needs assistant My officials are nearing completion of a review support for the 2004-05 school year to cater for of all projects including projects that may be suit- the special educational needs of a number of able for the devolved scheme in line with the pupils including the pupil to which the Deputy revised prioritisation criteria that resulted from refers. consultation with the partners. The purpose of The level of resource teaching allocated to the the review is to enable and inform a multi-annual school in question by my Department was deter- approach to the school building programme. I mined after detailed consideration of the school’s expect to be providing details of this multi-annual application, the supporting documentation pro- programme before the end of the current year. 215 Questions— 12 October 2004. Written Answers 216

Special Educational Needs. Minister for Education and Science (Ms Hanafin): The project referred to by the Deputy 170. Mr. Howlin asked the Minister for Edu- is a new 24-classroom primary school which is cation and Science if her attention has been listed for proceeding to tender and construction drawn to the fact that, despite concentrations of as part of the 2004 school building programme. disadvantaged children in its catchment area, the The timeframe to have accommodation ready for allocation for learning support and resource the school is September 2005. Tenders for the teaching for a school (details supplied) in County detailed design and construction of this new Wexford will be reduced by 60% in September school have recently been received and are cur- 2005 under the SET allocation; if additional rently being evaluated. learning support can be provided for this school, Planning permission for the new school was and disadvantaged status immediately granted to granted by Fingal County Council. However, this this school; and if she will make a statement on is subject to a third party appeal to An Bord Ple- the matter. [24413/04] ana´la. The outcome of the appeal to An Bord Minister for Education and Science (Ms Pleana´la will determine the nature of this project Hanafin): Under my Department’s weighted sys- and the time frame for delivery of same. It is tem of allocation, the appropriate level of special hoped that the outcome of the appeal will be needs teaching support is determined by the known before year end to give the Department schools’ enrolment figures and based on the fol- time to work with the school authorities to put in lowing criteria: in the most disadvantaged place, if required, alternative strategies for Sep- schools, as per the urban dimension of Giving tember 2005. Children an Even Break, a teacher of pupils with Third Level Courses. special educational needs will be allocated for every 80 pupils to cater for the subset of pupils 172. Mr. Penrose asked the Minister for Edu- with higher incidence special needs; in all-boys cation and Science if a person who is undertaking schools, the ratio will be one teacher for every a degree course in a particular discipline can 140 pupils; in mixed schools, or all-girls schools change courses and pursue a degree in primary with an enrolment of greater than 30% boys, one school teaching in 2004 in one of the recognised for every 150 pupils; and in all-girls schools, training colleges; and if she will make a statement including schools with mixed junior classes but on the matter. [24415/04] with 30% or fewer boys overall, one for every Minister for Education and Science (Ms 200 pupils. Hanafin): My Department specifies the minimum The revised system has been developed in con- academic requirements for entry to primary sultation with representative interests. It is a teacher training courses, the Bachelor of Edu- genuine effort to improve the special education cation degree programme, provided in the five resource allocation process. The differentiation colleges of education. The selection process for under the general weighted allocation reflects the school leavers is through the Central Appli- experience of needs both within this country and cations Office. Places on the Bachelor of Edu- internationally. Pupils with lower-incidence cation degree programme are determined by an special needs will continue to receive individual order of merit list based on points achieved in the allocations of special educational needs resources leaving certificate examination in a single sitting. as appropriate. I will continue to work for On that basis, the student in question must improvements in the provision of education ser- make a new application through the CAO for the vices for children with special educational needs Bachelor of Education degree course of their and in this context will monitor the implemen- choice to commence that course in the 2005-06 tation of the new system to ensure its efficiency academic year. I am not aware of any general and effectiveness. arrangements for the automatic transfer of With regard to the issue of disadvantaged students into primary teacher training from other status for the school, my Department is finalising undergraduate courses of study. However, the a review of educational disadvantage schemes Deputy may wish to contact officials in my with a view to building on what has been Department who can pass details of the case in achieved to date, adopting a more systematic, tar- question to the colleges for examination. geted and integrated approach and strengthening Special provision is made for the annual the capacity of the system to meet the educational recruitment of mature students to the Bachelor needs of disadvantaged children and young of Education degree programme in the colleges people. of education. There is a minimum age limit of 23 years for this intake. The minimum academic Schools Building Projects. requirements for this method entry are generally the same as those for school leavers. Once mature 171. Mr. P. McGrath asked the Minister for applicants have satisfied the minimum entry Education and Science the agreement into which requirements, selection is on the basis of a com- her Department has entered to provide a school petitive interview and an oral Irish test. Mature (details supplied) in Dublin 15; and the time- students can also apply in the normal way frame for the delivery of same. [24414/04] through the CAO system. There is also a post- 217 Questions— 12 October 2004. Written Answers 218 graduate entry to teacher training in the five col- erally. A decision on the application will be con- leges of education which is open to graduates and veyed to the school as soon as this process has is of 18 months’ duration. been completed.

Teacher Training Costs. Question No. 176 answered with Question 173. Mr. Kehoe asked the Minister for Edu- No. 135. cation and Science the cost to the State of train- ing a primary school teacher through both the Schools Building Projects. three years’ taught undergraduate Bachelor of 177. Mr. Gogarty asked the Minister for Edu- Education course and the 18-month postgraduate cation and Science if she has plans to provide an course; and if she will make a statement on the alternative location for a school (details supplied) matter. [24421/04] in County Dublin in view of its overcrowding and Minister for Education and Science (Ms traffic problems, having regard to the need to be Hanafin): A unit cost system of allocating funds close to its place of worship; if an approach has to the five colleges of education which provide been made to the neighbouring landowner; and if training for primary teachers has not been she will make a statement on the matter. developed as the costing and funding arrange- [24516/04] ments vary significantly within the colleges of Minister for Education and Science (Ms education sector. Hanafin): The school planning section of my The Church of Ireland College of Education is Department is examining all building projects on funded on a budget basis by my Department. The hands in line with the project prioritisation cri- annual budget for the college is allocated on the teria that were recently revised in consultation basis of its total pay and non-pay requirements with the education partners. The proposed pro- for each year. Froebel College, Sion Hill, Black- ject at the school to which the Deputy refers is rock, and Cola´iste Mhuire, Marino, are funded on included in this review. I expect to be in a posi- a per capita basis by my Department. As a result tion to provide an update in relation to the pro- of institutional linkages developed with Univer- gress of individual projects later this year. sity of Limerick and Dublin City University, St. Patrick’s College, Drumcondra, and Mary School Staffing. Immaculate College, Limerick, are funded through the Higher Education Authority. There- 178. Mr. F. McGrath asked the Minister for fore, it is not possible, and nor is it advisable, to Education and Science if support will be given to attempt to develop a costing for the teacher train- the INTO request for 650 additional special needs ing courses in the five colleges of education at teachers and priority given to this issue. either undergraduate or postgraduate levels. [24517/04] Minister for Education and Science (Ms Teaching Qualifications. Hanafin): My Department is introducing a 174. Mr. Kehoe asked the Minister for Edu- weighted system of teacher allocation for primary cation and Science the number of unqualified school pupils requiring learning support and teachers on her Department’s payroll in primary those with higher-incidence special educational schools; and the breakdown of the figures per needs. An additional 350 teaching posts is being county. [24422/04] allocated to facilitate the introduction of the new system. The weighted system is intended to Minister for Education and Science (Ms improve and streamline the special education Hanafin): The information requested is being resource allocation process. In that context, the compiled by my Department and will be for- additional posts being put in place represent a warded directly to the Deputy in due course. very significant investment to ensure the success of the measure. School Staffing. My Department intends to monitor and assess 175. Mr. Neville asked the Minister for Edu- the implementation of the new system to ensure cation and Science further to Question No. 144 of its efficiency and effectiveness. The question of 26 May 2004, if this person (details supplied) in further resource allocation can be considered in County Limerick was considered for a special the light of that assessment. needs assistant in 2004 by her Department; if the school was informed of the status of the appli- Question No. 179 answered with Question cation in 2004; and if a special needs assistant will No. 135. be allocated. [24466/04] Marine Accidents. Minister for Education and Science (Ms Hanafin): I confirm that a new application in the 180. Mr. Durkan asked the Minister for case of the pupil in question was received by my Communications, Marine and Natural Resources Department in July 2004. At present, my Depart- if he will report on the recent response to the ment is considering the levels and deployment of Canadian submarine emergency; and if he will SNA support in mainstream national schools gen- make a statement on the matter. [24534/04] 219 Questions— 12 October 2004. Written Answers 220

Minister for Communications, Marine and October. Had such a request been received, the Natural Resources (Mr. N. Dempsey): The inci- Irish Coastguard would have undertaken a formal dent to which the Deputy refers occurred on risk assessment before any decision on the Tuesday, 5 October, approximately 100 miles matter. north-northwest off Arranmore Island, County I wish to record my sadness at the loss of the Donegal. A Canadian submarine, HMCS Chicou- life of one crewman and injury to two others due timi, was on route from Faslane, Scotland, to to this incident. I am satisfied, however, that the Canada when fire broke out on board. Three Irish Coastguard responded effectively in dealing crew members suffered smoke inhalation. The with this incident and in the salvage operation fire also caused loss of engine power. No other that ensued. I wish to record also the excellent vessel was involved in the incident. Weather and assistance of the Naval Service, which provided sea conditions were very poor and hampered, but the LE Ro´isı´n, LE Niamh and LE Aoife as on- did not prevent, both search and rescue and sal- scene search and rescue, pollution and salvage co- vage operations. The incident occurred in the UK ordinator for the Irish Coastguard, and the search and rescue region, but in the Irish pol- response of the Irish fishing vessel, FV Western lution responsibility zone. The limits of the Irish Endeavour which, already in the vicinity of the pollution responsibility zone off the County incident, arrived at the scene quickly and pro- Donegal coast extend further out to sea than the vided able assistance to the emergency services. limits of the Ireland search and rescue region. Having lost engine power the submarine com- Fishing Vessel Licences. menced to drift southwards towards the Ireland 181. Mr. Ferris asked the Minister for search and rescue region. The Irish Coastguard Communications, Marine and Natural Resources agreed with the UK Ministry of Defence, who if he will make a statement on the banning of a were acting on behalf of the Canadian authorities, fishing vessel (details supplied) from fishing in a joint process for managing the incident, African waters. [24008/04] whereby each authority would take responsibility for the incident when the vessel was in its respec- Minister for Communications, Marine and tive zones of responsibility. Natural Resources (Mr. N. Dempsey): The fish- At 1800 hours on Wednesday, 6 October, a UK ing vessel referred to by the Deputy is not Navy helicopter airlifted three injured crewmen entered on the Irish Fishing Boat Register and is from the submarine and brought them to Sligo not part of the Irish fishing fleet. Accordingly, the Hospital. One crewman was declared dead on State has no role in the activity of this vessel. arrival at the hospital. The other two were Fisheries Protection. described as critical, but stable. At this time the vessel was still in the UK search and rescue 182. Ms M. Wallace asked the Minister for region. As the incident occurred in the Irish pol- Communications, Marine and Natural Resources lution responsibility zone, the UK authorities the progress that has been made in his Depart- were informed that all salvage proposals would ment on the report from the eel review group require Irish Coastguard approval. Salvage oper- (details supplied); the progress which has been ations proceeded successfully and the towed sub- made in implementing the recommendations of marine left the Irish pollution responsibility zone the report over the past nine months; and the at 2330 hours on Saturday, 9 October, on its way timeframe for future progress on the recommend- to Faslane, Scotland. The Irish Coastguard moni- ations. [24009/04] tored the salvage operation throughout and no Minister for Communications, Marine and pollution occurred. Natural Resources (Mr. N. Dempsey): There is From 0345 hours on 7 October to 0637 hours increasing scientific evidence presented at on 8 October the vessel, having drifted south- national and international levels of a serious and wards, was in the Ireland search and rescue sustained decline in eel populations, not just in region and during this time the Irish Coastguard Ireland, but throughout Europe and that the assumed responsibility for search and rescue co- European eel stock is outside safe biological lim- ordination. During this period, the Irish Coast- its. As a result, the consensus among European guard did not have to initiate any search and res- fishery scientists researching eel populations is cue operations of its own accord in respect of this that there is an urgent need to increase the incident as there were already adequate resources numbers of potential spawning silver eel success- on scene. fully migrating from European waters and that an In the course of the incident, the Canadian overall management programme for the species authorities indicated to the Irish Coastguard that must be achieved through implementation of var- the submarine might wish to seek a place of ref- ious management measures at local and national uge. They also certified that the submarine met levels. all environmental requirements to enter a place In response to this advice, the European Com- of refuge. In the event, no formal request was mission has, since October 2003, been developing received by Ireland to provide a place of refuge a Community action plan for the management of and the submarine left the Irish pollution European eels. I understand that the Commission responsibility zone at 2330 hours on Saturday, 9 intends to bring forward formal proposals aimed 221 Questions— 12 October 2004. Written Answers 222 at building up eel management from a set of local Office was sought on the commissioners’ request. actions to be put in place by the member states The Chief State Solicitor’s Office referred the according to an agreed standard. These actions matter to the Attorney General’s Office for con- should ensure the survival and the migration of sideration. I will notify the Deputy when this the eel in all its habitats. matter is finalised. Earlier this year, my Department received the report of the Irish eel review group, established Departmental Investigations. to examine the activities of the industry and to 185. Mr. Eamon Ryan asked the Minister for arrive at clear, realistic and costed proposals for Communications, Marine and Natural Resources the sustainable development and regulation of when he will make public his Department’s file the eel resource in Ireland. This report is being with regard to the environmental impact assess- examined by my Department within the context ment for the upstream gas pipeline leading from of the Commission’s action plan for the manage- the shore to the proposed Bellanaboy ter- ment of the European eel resource. I expect to minal. [24200/04] consider the recommendations of the review group more fully once the Commission’s pro- Minister for Communications, Marine and posals under this action plan have been finalised Natural Resources (Mr. N. Dempsey): An and agreed by the member states. environmental impact statement in respect of this project was published by Enterprise Energy Harbours and Piers. Ireland in connection with its applications for the necessary consents for the proposed develop- 183. Mr. Perry asked the Minister for ment. The environmental impact statement, Communications, Marine and Natural Resources together with submissions received from the the progress made on the marina at Rosses Point, public during the public consultation period and County Sligo; and if he will make a statement on the applicant’s responses thereto, was considered the matter. [24107/04] by the marine licence vetting committee and its Minister for Communications, Marine and consultants. The marine licence vetting commit- Natural Resources (Mr. N. Dempsey): Significant tee’s report on the environmental impact of the progress has been made on a number of aspects proposed works was made public and copies of of the marina project at Rosses Point. On foot of the report can be obtained from the coastal zone a recent meeting of officials from my Department management division of my Department or and Sligo County Council, progress has been downloaded from my Department’s website at made regarding the underwriting of the project, http://dcmnr.ie/display.asp/pg=254. the maximisation of the tourism value of the pro- ject, the satisfactory addressing of safety concerns Telecommunications Services. and agreement on the valuation of the foreshore 186. Mr. Ring asked the Minister for lease. However, one difficulty remains concerning Communications, Marine and Natural Resources the State aid implications of the proposed grant. when a telephone connection will proceed by Eir- It appears from legal advice recently received com for a person (details supplied) in County that the State aid approval for the marine tourism Mayo. [24205/04] grant scheme does not extend to the four marine infrastructure projects that were selected for Minister for Communications, Marine and funding outside of the scheme. Further legal Natural Resources (Mr. N. Dempsey): The pro- advice is awaited on certain aspects of this matter vision of a telephone connection in this case is and my Department is considering all available a matter for Eircom as the designated universal options to resolve this difficulty. service provider operating in a fully liberalised market. Eircom is subject to regulation under the Harbour Authorities. EU electronic communications regulatory frame- work, by ComReg as the independent statutory 184. Mr. Perry asked the Minister for authority with responsibility for the regulation of Communications, Marine and Natural Resources electronic communications services. I have no if an agreement is in place for the sale or transfer function in the matter. of lands under the remit of Sligo hHarbour com- The European Communities Electronic mittee; if so, the details of same; if it is his Communications Networks and Services — Uni- responsibility and within his power to transfer versal Service and Users’ Rights Regulations such property; if no sale of property or lands can 2003, SI 308 of 2003, places an obligation on the proceed without Ministerial approval; and if he designated universal service provider to ensure will make a statement on the matter. [24109/04] that a defined minimum set of services of speci- Minister for Communications, Marine and fied quality are available to all, independently of Natural Resources (Mr. N. Dempsey): Sligo Har- their geographical location, at an affordable bour Commissioners have sought clarification price. In accordance with this provision an oper- from my Department regarding the applicability ator designated to meet universal service obli- of Section 157 of the Harbours Act 1946 to a gations must meet all reasonable requests for property transaction proposed by the commis- connection to the fixed public telephone network. sioners. The advice of the Chief State Solicitor’s Given the above position I have forwarded the 223 Questions— 12 October 2004. Written Answers 224

[Mr. N. Dempsey.] period from 1 January 2003 to 31 December 2004 Deputy’s query to ComReg for its attention and would have to deliver a 3% reduction in the capa- direct reply. city limits for its overall national fleet. Such aid is completely precluded from 1 January 2005. Harbour Authorities. The 3% penalty imposed for the continuation 187. Mr. Deasy asked the Minister for of grant aid to 31 December 2004 would involve, Communications, Marine and Natural Resources for the Irish fleet, the permanent removal of 2,496 if his attention has been drawn to the fact that GTs and 6,478 KWs. The level of the reduction the security arrangement submitted by Waterford that would be required is very substantial. In Port authorities for a pilot boat at Passage East, these circumstances, it was decided that the State County Waterford, are completely inadequate would not enter into any grant aid for fleet considering that the boat must be moved to an renewal and modernisation after 1 January 2003. open access quay on windy days. [24300/04] This policy is regarded as a cornerstone of the reform of the common fisheries policy by the Minister for Communications, Marine and Commission and it has not proposed any change Natural Resources (Mr. N. Dempsey): New in this policy in the proposals for aid for the fish- security requirements, which take the form of the eries sector for the period 2007 to 2013 which international ship and port facility code to were published in July 2004. enhance maritime security worldwide on ships EU fisheries policy provides for the grant aid- and at ship-port interface areas entered into force ing of fishing vessels for works that do not con- on 1 July 2004. To standardise arrangements cern capacity in terms of tonnage or of power. A across the European Union, the requirements grant aid scheme to support the purchase of were codified into EU Regulation 725/2004. The safety equipment for fishing vessels including ves- code outlines mandatory security requirements sels which have been granted a fishing boat for governments, port facilities and shipping com- licence offer under the special scheme for the panies. My Department has overall responsibility licensing of small fishing boats which have a for ensuring implementation of the measures for record of active commercial pot fishing, is being Irish vessels and the port facilities serving them. administered by BIM. This grant scheme covers My Department’s maritime safety directorate co- essential equipment including lifesaving, fire ordinates and supervises the implementation of fighting, navigation and occupational safety. The the code and has advised all relevant parties of grant aid is paid at 40% of eligible cost, 5% State their obligations under it. aid and 35% EU aid subject to maximum permit- The Waterford Port Company is the respon- ted levels of expenditure based on the normal sible authority for security arrangements for pilot commercial per item cost of such equipment. boats operating in Waterford Port. I cannot dis- Expenditure eligible for public aid may not close any confidential information with regard to exceed the percentages laid down above under any aspect of individual ship or port security EU rules. It is not, therefore, open to me to plans. However, I have been informed that the increase the grant aid level. arrangements now in place for the pilot boat are adequate for all weather conditions. Telecommunications Services. Fishing Fleet Modernisation. 189. Mr. Timmins asked the Minister for 188. Mr. Deasy asked the Minister for Communications, Marine and Natural Resources Communications, Marine and Natural Resources the position of an application for ISDN or broad- if the current grant scheme put in place to assist band from persons (details supplied) in County fishermen with smaller vessels is adequate to Wicklow who have been informed that the lines cover the cost of the required safety equipment; must be upgraded before they can receive this and if the grant aid levels will be increased to service; if this can be dealt with as a matter of assist those fishermen who operate smaller ves- urgency; and if he will make a statement on the sels. [24301/04] matter. [24334/04] Minister for Communications, Marine and Minister for Communications, Marine and Natural Resources (Mr. N. Dempsey): The EU Natural Resources (Mr. N. Dempsey): The pro- common Fisheries policy review, which was vision of telecommunications services, including adopted by the Fisheries Council in the form of a broadband, is a matter for the fully liberalised framework regulation in December 2002, sets out private sector, regulated by ComReg. The pro- new provisions in respect of State financial aid vision of ISDN services is an operational matter towards vessels which fish on a commercial basis. for Eircom. My Department’s website These rules apply to all fishing vessels engaged in http://www.broadband.gov.ie lists a number of commercial fishing, including small vessels under service providers offering satellite-based broad- 20 feet. The rules provide that a member state band in Enniskerry, County Wicklow, together wishing to provide grant aid towards vessel with contact numbers and price lists for the ser- renewal or modernisation involving increases in vices on offer. Full details of my Department’s capacity in terms of tonnage or power or broadband infrastructure roll-out can be found increased effectiveness of fishing gear in the on http://www.dcmnr.gov.ie. 225 Questions— 12 October 2004. Written Answers 226

Alternative Energy Projects. ming pool programme, there are four principal stages in a swimming pool project. These, in order 190. Ms F. O’Malley asked the Minister for of progress, are feasibility study and preliminary Communications, Marine and Natural Resources report, contract documents, tender and construc- when the power purchase agreements will be tion. My Department’s technical advisers, the offered to the offshore projects of AER VI; and Office of Public Works, evaluate each stage and if he will publish a timetable of offer, acceptance, local authorities cannot proceed to the next stage and rejection of the power purchase agreements of a project unless prior approval issues from my and subsequent grid application connections in Department. Grant aid is not allocated until the the form of a spreadsheet on his Department’s tenders have been approved for a project. website as provided for in the AER VI tender The maximum grant available under the pro- documents. [24381/04] gramme is \3.8 million, which is available towards Minister for Communications, Marine and either the refurbishment of existing pools or the Natural Resources (Mr. N. Dempsey): The off- provision of new pools, subject in both cases to shore wind energy category of AER VI was sub- the total grant not exceeding 80% of the eligible ject to State aids clearance by the European cost of the project or, in the case of projects Commission. It was not possible to make a formal located in disadvantaged areas, 90% of the eli- offer to the successful applicants until the Com- gible cost. The local authority must provide the mission formally notified its decision. My Depart- balance of the financing directly or in a combi- ment recently received the necessary clearance nation of local authority funding, community to proceed. group financing, private sector etc. The associated power purchase agreement will Where a project is being undertaken by an be concluded between ESB Customer Service organisation other than a local authority, the pro- and the winning applicants in the offshore cate- posal must be considered, supported and submit- gory of AER VI shortly. However, ESB Cus- ted by the relevant local authority. Before sup- tomer Service will not be in a position to execute porting a project, the local authority must be the power purchase agreement until a related satisfied that the proposal is viable, that the bal- order under section 39 of the Electricity Regu- ance of funding required to complete the project lation Act 1999 is published. It was not possible is available and that the project, when completed, to progress a draft order to conclusion in advance would have a satisfactory level of public access. of the Commission’s decision and any special con- Projects are considered on a case-by-case basis ditions which might arise. The draft order is now and consideration is given to such issues as to at an advanced stage of preparation but I am not whether the area is classified as disadvantaged, in a position to give a publication date. the number and geographical spread of projects The terms and conditions of the AER VI com- within and between counties, the viability of the petition state that a winning applicant must project, particularly in operational and mainten- acknowledge receipt of a conditional offer of a ance issues, overall funding package for the pro- power purchase agreement within ten days of its ject, technical details and the Department’s receipt, and must apply to the appropriate net- annual Estimates provision for the programme. work operator for a grid connection within Offaly County Council applied for grant aid for twenty days of receipt of the power purchase the refurbishment of the swimming pools in Birr agreement. There is no provision within the AER and Clara, the replacement of the outdoor pool VI terms and conditions for the publication of a in Tullamore and the provision of a new pool in spreadsheet as described in the Deputy’s Edenderry. These four proposals are at the initial question. stage of the process described above and it is a matter for the county council to advance these Ancestry Office. projects further by identifying its priorities in the 191. Mr. Neville asked the Minister for Arts, development of swimming pools in the county. Sport and Tourism if he will provide the neces- Olympic Games. sary funding to re-establish the Limerick ancestry office (details supplied). [24204/04] 193. Mr. O’Connor asked the Minister for Arts, Sport and Tourism if he has evaluated the per- Minister for Arts, Sport and Tourism (Mr. formance of the Irish team at the Olympic Games O’Donoghue): I have no statutory responsibility 2004; if his attention has been drawn to the in respect of this matter. importance of planning for the future in this regard; and if he will make a statement on the Swimming Pool Projects. matter. [24379/04] 192. Ms Enright asked the Minister for Arts, Minister for Arts, Sport and Tourism (Mr. Sport and Tourism the status of the application O’Donoghue): The Irish Sports Council, which is for funding for the swimming pools (details the statutory body charged with responsibility for supplied) in County Offaly; and if he will make a the promotion and development of sport in statement on the matter. [24271/04] Ireland, is directly responsible with the Olympic Minister for Arts, Sport and Tourism (Mr. Council of Ireland and the relevant national gov- O’Donoghue): Under the local authority swim- erning bodies of sport, in all matters relating to 227 Questions— 12 October 2004. Written Answers 228

[Mr. O’Donoghue.] would be used only a few times a year, would also the preparation and participation of Irish com- be completely unrealistic. petitors at the Olympic Games. The reception and integration agency con- My Department has already been in contact firmed at the meeting that for as long as the with the Irish Sports Council on Ireland’s per- agency continues to use Mosney, the community formance at the Athens Olympic Games. The games can avail of the facilities there up to and council has advised that a review of Team including 2005. The reception and integration Ireland’s participation in this year’s Olympic and agency has commenced discussions with the pro- Paralympic Games is being undertaken. This prietor of Mosney regarding a further agreement review involves questionnaires, one-to-one meet- beyond September 2005. This year I approved ings with the athletes, support personnel, coaches funding of \100,000 towards the renovation of the and performance directors. Its aim is to produce accommodation at the Mosney holiday centre, an objective assessment of the preparation and which is used to house the participants in the performance of the Irish teams at the Athens community games national finals. Work on the Olympic and Paralympic Games in 2004, identi- renovation was completed in advance of the finals fying the strengths and weaknesses of all aspects in August. of the programmes throughout the four year cycle, with a view to making recommendations Sport and Recreational Development. regarding the development of a programme for Beijing in 2008. 195. Mr. Wall asked the Minister for Arts, Wharton Consulting, a British-based leading Sport and Tourism if he or his Department has consultancy firm, is conducting the review under had meetings with Horse Racing Ireland in the direction of the Sports Council. Wharton regard to proposed developments at the Curragh Consulting was selected by the Irish Sports Coun- racecourse; and if he will make a statement on cil following a public tender process and has con- the matter. [24458/04] siderable experience working with sporting Minister for Arts, Sport and Tourism (Mr. organisations in England, including Sport England. The review is due for completion by 1 O’Donoghue): Horse Racing Ireland was estab- December 2004 and the Irish Sports Council lished as the statutory body with responsibility for intends to publish the report in due course. the horseracing industry under the Horse and Greyhound Act 2001. The general functions of Community Games. Horse Racing Ireland, as outlined in the Irish Horseracing Industry Act 1994, as amended by 194. Mr. O’Connor asked the Minister for Arts, the Horse and Greyhound Racing Act 2001, Sport and Tourism the contacts he has had with include the development and promotion of the the countrywide community games organisation Irish horseracing industry including the develop- following the success of the annual community ment of authorised racecourses and the making games finals held in Mosney; if his attention has of grants, loans and other disbursements to auth- been drawn to the clear need for the community orised racecourses. games to have a permanent venue for the annual As Minister for Arts, Sport and Tourism, I games; and if he will make a statement on the meet regularly with the chairman and executives matter. [24380/04] of Horse Racing Ireland while officials from my Minister for Arts, Sport and Tourism (Mr. Department hold regular liaison meetings with O’Donoghue): I and officials of my Department Horse Racing Ireland throughout the year. All have had a number of meetings and contacts with policy issues are discussed at these meetings, representatives of the National Community including Horse Racing Ireland’s capital develop- Games during the past 12 months. Officials of my ment programme, which includes the develop- Department visited Mosney last February to ment of the Curragh racecourse. As outlined in meet with the reception and integration agency the Horse Racing Ireland strategic plan for 2003 and with representatives of the community games to 2007, one of the major priorities is the redevel- organisation to discuss issues relating to the cost- opment of the Curragh racecourse. My Depart- ing of the annual community games finals there. ment has been informed by Horse Racing Ireland During this positive meeting, all sides confirmed that it has had preliminary discussions with rep- their willingness to help ensure that the facilities resentatives of the Curragh racecourse regarding in Mosney continue to be available to host the its development. games. The community games representatives Film Industry Development. expressed their satisfaction with the range and quality of the facilities and services available at 196. Mr. Wall asked the Minister for Arts, Mosney and their suitability for future national Sport and Tourism if and when he plans to lead events. They also confirmed that there is no other a delegation to meet the film industry in America venue in Ireland with the scale and variety of to discuss possible film productions here and the facilities required for their national events as development of further productions by or with structured. Any question of providing a special, Irish film producers; and the results of such meet- dedicated venue on the scale required, which ings. [24459/04] 229 Questions— 12 October 2004. Written Answers 230

Minister for Arts, Sport and Tourism (Mr. Ta´naiste and Minister for Health and Children O’Donoghue): I intend to travel to the United (Ms Harney): The bursary model of supporting States of America to meet key film producers to postgraduate clinical psychology training was promote Ireland as a location for film production. adopted to underpin the implementation of a key The dates for this visit have not been finalised, recommendation of the union and management but I intend to travel at the time most likely to joint review group on psychological services in facilitate an effective outcome. Meetings of this the health services to substantially increase the nature can be very beneficial in raising the gen- number of training places in clinical psychology eral awareness among producers of the advan- from 30 to 50 and support the establishment of tages offered by Ireland, and in making clear the new courses at the NUI, Galway and the Univer- degree and nature of the Government’s commit- sity of Limerick. The bursary model is intended ment to supporting film production in Ireland. A to meet human resource requirements for the key part of this support is the section 481 incen- health service while securing the best return on tive for investment in film production. This the significant resources currently invested in the scheme has, subject to the formal agreement of training of clinical psychologists. the European Commission, been extended to The terms of the model were agreed jointly by 2008, with the amount that can be raised increas- my Department with the health boards’ directors ing from \10.48 million to \15 million from 2005. of human resources group in August 2003. It is 197. Mr. Wall asked the Minister for Arts, designed to assist students in undertaking post- Sport and Tourism the number of film pro- graduate training in clinical psychology and pro- ductions proposed or planned for Ireland for 2004 vides each student with an untaxed bursary pay- ment of \18,000 per annum, along with an annual and 2005; and if he will make a statement on the \ matter. [24460/04] contribution towards fees of 6,000 for the three years of the course, that is, a total contribution of \ Minister for Arts, Sport and Tourism (Mr. 24,000 per annum. O’Donoghue): My Department’s area of In the absence of a pre-existing agreed national responsibility relates to the certification of films approach to the provision of training, some under the section 481 tax relief scheme. It is not students were previously employed as trainee yet possible to say how many films will be shot on clinical psychologists on a salary scale with a mul- location in Ireland for 2004 and 2005. However, a tiplicity of arrangements in place to fund course total of 16 projects have been certified to date fees ranging from the deduction of fees from the under the scheme. pre-tax salary to payment of full fees. The three point trainee clinical psychologist salary scale \ \ Arts Funding. with effect from 1 July 2004 is 35,372 to 38,691. Course fees ranged from approximately \2,500 198. Mr. Costello asked the Minister for Arts, to \11,000. Sport and Tourism if his Department will financi- The health service employers agency recently ally assist the inaugural Phil Lynott music award requested the assistance of the Labour Relations competition which will be held from January to Commission in addressing the industrial relations August 2005; and if he will make a statement on issues which have been raised by the national the matter. [24524/04] vocational group regarding this matter and Minister for Arts, Sport and Tourism (Mr. arrangements for a conciliation conference to be O’Donoghue): My Department cannot give fin- held at the end of this month have been ancial assistance to this project as State support confirmed. for the arts is, in the main, channelled through the Arts Council, which is independent of Local Authority Staff. Government regarding its funding decisions. 200. Mr. Boyle asked the Ta´naiste and Minister for Health and Children the officer posts that Higher Education Grants. exist in each local authority that can be described 199. Mr. R. Bruton asked the Ta´naiste and as environmental health posts. [24113/04] Minister for Health and Children if her attention Ta´naiste and Minister for Health and Children has been drawn to the changes in the terms under (Ms Harney): I understand my colleague, the which students undertake study in clinical psy- Minister for the Environment, Heritage and chology whereby a previous arrangement by Local Government, will respond to the Deputy in which students enjoyed an employment contract respect of personnel employed by local auth- has been replaced by a grant; her estimate of the orities. The number of environmental health reduced cash value to students of this change; if officers employed in the health service at end of her Department has entered into negotiations 2003 is detailed in the following table. with the union involved regarding these changes; the reason this change of policy was introduced; Environmental Health Officers1 and if she has proposals to modify its operation as a result of the representations of those Region 31 December 2003 involved and their union representatives. [24075/04] Eastern 152 231 Questions— 12 October 2004. Written Answers 232

Region 31 December 2003 Minister for Health and Children if his attention has been drawn to the fact that the proposed Midland 31 change to the minimum length of time a new car Mid-Western 43 for a disabled person has to be kept before selling North-Eastern 45 it on from two years at present to three years will North-Western 38 add \4,000 to \5,000 to the cost of disabled per- South-Eastern 51 sons changing their cars; and if she will make a Southern 56 statement on the matter. [24520/04] Western 58 Minister of State at the Department of Health Total 475 and Children (Mr. T. O’Malley): Since the intro- duction of the current motorised transport grant Source: Department of Health & Children Personnel Census. Note: 1 Grades included — Environmental Health Officer, circular on 1 July 2002, when a grant has been Environmental Health Officer, Senior, Environmental Health previously been paid towards the purchase of a Officer, Principal. vehicle, a grant towards the replacement of the car will not normally be payable, unless due to extenuating circumstances, until three years from Hospitals Building Programme. the date that the previous grant was paid. There 201. Ms O. Mitchell asked the Ta´naiste and are no plans to change this scheme. Minister for Health and Children her intentions in respect of the future use of the lands on which Cancer Screening Programme. the Central Mental Hospital is located in Dund- 203. Mr. O’Shea asked the Ta´naiste and Mini- rum. [24143/04] ster for Health and Children when women in 223. Ms O. Mitchell asked the Ta´naiste and County Waterford will have BreastCheck avail- Minister for Health and Children her building able to them in view of the fact that it is alleged plans for an urgently required new central mental that lives are being lost due to the fact that hospital; if it is her intention to provide the new BreastCheck in not available nationwide; and if facility on the existing site; and if the land in Dun- she will make a statement on the matter. drum is under control of her Department or the [23998/04] Department of Justice, Equality and Law Ta´naiste and Minister for Health and Children Reform. [24144/04] (Ms Harney): Any woman, irrespective of her age Minister of State at the Department of Health or residence, who has concerns about breast can- and Children (Mr. T. O’Malley): I propose to cer should contact her GP who, where appropri- take Questions Nos. 201 and 223 together. ate, will refer her to the symptomatic services in In December 2000 the East Coast Area Health her region. The roll-out of the national breast Board, in conjunction with the Eastern Regional screening programme to the remaining counties, Health Authority, the Department of Justice, including Waterford, is a major priority in the Equality and Law Reform and my Department, development of cancer services. This will ensure established a group to review the future role of that all women in the 50 to 64 year age group the Central Mental Hospital. The review group’s have access to breast screening and follow up report was submitted to the Eastern Regional treatment where required. A capital investment Health Authority and the Department of Health of approximately \20 million has been approved and Children in 2002. The report included plans to construct and equip two static clinical units, in to modernise, refurbish and extend the existing the south and west of the country. This invest- building and to provide a new residence on the ment will also ensure that mobile units are avail- campus. able to screen women in the relevant age group A project team for the Central Mental Hospital in County Waterford. BreastCheck and my was established by the Department of Health and Department are fully committed to an Children and its inaugural meeting took place in expeditious approach to the national rollout of February 2003. Its role was to examine options the programme and representatives have met for the implementation of the recommendations recently to progress the design process. of the 2002 report of the committee for the review of the Central Mental Hospital. This year, Health Board Services. the group reported its findings to the Department 204. Mr. G. Mitchell asked the Ta´naiste and and these proposals for the development of a new Minister for Health and Children if a payment Central Mental Hospital, including the future will issue to a person (details supplied) in Dublin location of the hospital, are under consideration 8 to allow them to travel to a hospital appoint- in my Department. The lands of the Central Men- ment; and if she will make a statement on the tal Hospital are the property of the Office of matter. [24000/04] Public Works. Ta´naiste and Minister for Health and Children Disabled Drivers. (Ms Harney): The provision of health services in the Dublin 8 area is the responsibility of the 202. Mr. F. McGrath asked the Ta´naiste and 233 Questions— 12 October 2004. Written Answers 234

South Western Area Health Board, acting under the methodology of the inquiry with the objective the aegis of the Eastern Regional Health Auth- of the chairman producing as comprehensive a ority. My Department has, therefore, asked the report as possible on outstanding issues by 31 authority’s chief executive to investigate the March 2005. matter raised by the Deputy and reply direct to Pending receipt of the chairman’s report, I feel him as a matter of urgency. that it would be inappropriate for me to comment on the actions of specific pharmaceutical compan- Organ Retention. ies. I am advised that individual hospitals have 205. Mr. Ferris asked the Ta´naiste and Minister adopted differing policies to the question of con- tacting next of kin of deceased persons whose for Health and Children if the amount of money organs were retained. At the end of August 2004, earned by companies (details supplied) from the the inquiry had incurred direct expenditure of pituitary glands of deceased Irish persons is \11,577,610. This includes fees to the inquiry’s known. [24002/04] legal team and costs associated with the establish- 206. Mr. Ferris asked the Ta´naiste and Minister ment and rental-administration of the inquiry for Health and Children the procedures which office. My Department has also provided funding hospitals responsible for selling pituitary glands to the Eastern Regional Health Authority and from deceased persons have put in place to con- Parents for Justice in respect of inquiry with tact relatives of the deceased. [24003/04] related expenditure amounting to \6,780,424. This brings the total expenditure relating to the 207. Mr. Ferris asked the Ta´naiste and Minister inquiry to the end of August, 2004 to \18.358 for Health and Children the reason the Dunne million. inquiry has not been held in public. [24004/04] 208. Mr. Ferris asked the Ta´naiste and Minister Mental Health Services. for Health and Children the reason the deadline 209. Mr. Stanton asked the Ta´naiste and Mini- for the production of the report of the Dunne ster for Health and Children the number of child inquiry has been missed. [24005/04] and adolescent psychiatric diagnostic units in the 235. Ms McManus asked the Ta´naiste and respective health board areas; the number of psy- Minister for Health and Children the reason for chiatrists working in each of the these units; the the estimated \16 million spent on the Dunne number of children and adolescents awaiting inquiry in view of the fact that it missed five dead- assessment in each of these respective units and lines over four years without producing a report; the longest waiting time in each of these units; the extent of hospital and health board co-oper- her plans to provide additional resources for ation with the inquiry; the plans of the hospitals these units; and if she will make a statement on which sold pituitary glands have put in place to the matter. [24006/04] contact the next of kin of the deceased persons 228. Mr. Neville asked the Ta´naiste and Mini- whose glands were obtained without knowledge ster for Health and Children the length of the or consent; the profits made by companies child psychiatric waiting list in each health board (details supplied) from the sale of medications area for each of the years 2000, 2001, 2003 and to which these glands were used to produce; if she date in 2004. [24156/04] will establish a statutory inquiry; and if she will make a statement on the matter. [24233/04] Minister of State at the Department of Health and Children (Mr. T. O’Malley): I propose to Ta´naiste and Minister for Health and Children take Questions Nos. 209 and 228 together. (Ms Harney): I propose to take Questions Nos. The majority of child psychiatrists work 205 to 208, inclusive, and 235 together. through a network of clinics. These clinics offer The terms of reference of the post mortem assessment, diagnosis and treatment and provide inquiry require it to review post mortem policy, for the majority of referrals. All health boards practice and procedure in all hospitals in the State have consultant-led multidisciplinary child and since 1970, with particular reference to organ adolescent psychiatric teams in place. Since 1997, removal, retention, storage and disposal. The an extra 19 child and adolescent psychiatric teams inquiry is also mandated to examine any arrange- have been funded. Nationally, there are now 52 ments with pharmaceutical companies concerning child and adolescent psychiatrists employed. retained organs including pituitary glands. It is known that these developments have The chairman has confirmed that the inquiry impacted positively on the waiting times for has received considerable co-operation from each initial psychiatric assessment. However infor- of the hospitals with which it is dealing and that mation on the number of children on the waiting the inquiry’s non-statutory nature has not signifi- list for psychiatric assessment and the waiting cantly hampered its substantive work. The chair- times for such assessments is not routinely col- man has indicated that she will provide a report lected by my Department. There are two psychi- on paediatric hospitals in December 2004. On 8 atric inpatient units for children and adolescents September, at a meeting between the then Mini- under 16 years. These are located in Dublin and ster for Health and Children, Deputy Martin, and Galway. Approval was recently given by the the inquiry chairman, it was agreed to examine Department of Health and Children to the rel- 235 Questions— 12 October 2004. Written Answers 236

[Mr. T. O’Malley.] in 2003; and if she will make a statement on the evant health boards to proceed with the selection matter. [24050/04] of a design team for the new child and adolescent Minister of State at the Department of Health psychiatric inpatient units in Cork, Galway and and Children (Mr. T. O’Malley): The individuals Limerick. The future direction and delivery of all who attended the meeting in question were aspects of our mental health services, including advised that the most appropriate way to initially child and adolescent psychiatry, will be con- advance the main issue discussed was to docu- sidered in the context of the work of the expert ment in more detail the background and support- group on mental health policy, which is expected ing information on the approach being taken and to report in 2005. the results achieved to date. They were also advised that they should liaise with the relevant Hospital Services. health services in their region with a view to dis- 210. Mr. F. McGrath asked the Ta´naiste and cussing with them the possibility of a broader Minister for Health and Children if she will examination of this matter. report on staffing and services at Beaumont Hospital Waiting Lists. Hospital, Dublin; and if the patients and staff will be given the maximum support to improve pati- 213. Mr. F. McGrath asked the Ta´naiste and ent care. [24007/04] Minister for Health and Children if a person (details supplied) in Dublin 5 will be given the Ta´naiste and Minister for Health and Children maximum support and advice in dealing with (Ms Harney): Services at Beaumont Hospital are their situation of being on a waiting list for just provided under an arrangement with the Eastern over 12 months. [24063/04] Regional Health Authority. My Department has, therefore, requested the authority’s regional chief Ta´naiste and Minister for Health and Children executive to investigate the issues raised by the (Ms Harney): Responsibility for the provision of Deputy and to reply to him directly. hospital services to residents of Counties Dublin, Kildare and Wicklow rests with the Eastern 211. Mr. Ring asked the Ta´naiste and Minister Regional Health Authority. My Department has for Health and Children when a person (details asked the authority’s regional chief executive to supplied) in County Mayo will be admitted to investigate this case and to reply to the Deputy hospital in Galway. [24015/04] directly.

Ta´naiste and Minister for Health and Children Medical Cards. (Ms Harney): The provision of hospital services 214. Ms McManus asked the Ta´naiste and for people living in County Mayo is a matter for Minister for Health and Children the number of the Western Health Board. My Department has persons in possession of a medical card in Dublin asked the board’s chief executive officer to inves- now and at the beginning of 1997; the number of tigate this case and to reply directly to the cards by each health board area and each com- Deputy. munity care area in Dublin now and at the begin- ning of 1997; and if she will provide this infor- Health Board Services. mation in tabular form. [24076/04] 212. Mr. Kenny asked the Ta´naiste and Mini- Ta´naiste and Minister for Health and Children ster for Health and Children her plans to progress (Ms Harney): The number of people covered by the proposals made at a meeting (details medical cards for the dates requested by the supplied) on autistic spectrum in her Department Deputy is contained in the following table.

Region As at 1 January 1997 As at 30 Sept 2004

Dublin 282,872 273,582 East Regional Health Authority (excl Dublin) 70,072 65,195 Midland Health Board 80,447 69,879 Mid-Western Health Board 106,961 99,605 North Eastern Health Board 122,993 100,048 North Western Health Board 102,569 98,445 South Eastern Health Board 146,836 137,683 Southern Health Board 186,363 172,701 Western Health Board 153,272 133,968

Statistics are compiled by the general medical ser- Health Authority. Similarly, figures on individual vices payments board on a county-by-county community care areas are not available from the basis within each health board-authority. Conse- general medical services payments board. I have quently, figures for Dublin comprise all three requested the Eastern Regional Health Authority regional boards within the Eastern Regional to reply directly to the Deputy with these statistics. 237 Questions— 12 October 2004. Written Answers 238

215. Ms McManus asked the Ta´naiste and of the Eastern Regional Health Authority for his Minister for Health and Children the number of investigation and direct reply to the Deputy. medical cards which have been provided to per- 218. Mr. Perry asked the Ta´naiste and Minister sons over the age of 70 since the general medical for Health and Children the funding that she will services scheme was extended to include every- sanction for the improvement of essential services one over that age; and if she will make a state- in Sligo and Leitrim; and if she will make a state- ment on the matter. [24077/04] ment on the matter. [24110/04] Tanaiste and Minister for Health and Children ´ Ta´naiste and Minister for Health and Children (Ms Harney): The total number of persons aged (Ms Harney): The provision of health services in 70 years and over who have received medical Counties Sligo and Leitrim is, in the first instance, cards since 1 July 2001, the date of the introduc- the responsibility of the North Western Health tion of automatic entitlement to a medical card Board. Additional revenue funding for the to all persons aged 70 over, on age grounds alone development of services for older people has is 110,349. This figure includes persons in the increased significantly from \12.7 million in 1997 community and those resident in private nursing to an additional \111.407 million in 2003. This homes. year \9.5 million in additional revenue funding was allocated to services for older people. This Hospital Accommodation. funding has been used for a variety of services 216. Mr. Howlin asked the Ta´naiste and Mini- including the nursing home subvention scheme, ster for Health and Children the position of an personal care packages, the home help service, application to her Department for approval to the elder abuse programme and support to volun- replace the lift and staircase and provide a new tary organisations. The housing aid scheme for reception area at the New Haughton Hospital, the elderly is operated by the health boards and New Ross, County Wexford; and if she will make Eastern Regional Health Authority on behalf of a statement on the matter. [24078/04] the Department of Environment, Heritage and Local Government, which funds the scheme. Ta´naiste and Minister for Health and Children Staffing requirements in the areas highlighted (Ms Harney): Responsibility for the provision of by the Deputy should be viewed in light of the health services in the Wexford area rests with the very substantial increases in employment levels South Eastern Health Board. My Department has achieved in the health service in recent years. In provided funding to the board under the national the North Western Health Board region, there development plan for a number of projects at the has been an increase in the level of employment New Haughton Hospital including the upgrading of 2010, excluding home helps, in wholetime of the kitchen, the provision of lighting to the equivalence terms since 1999, or 42%. In this con- entrance, the rewiring of the hospital and upgrad- text, comparing employment levels at end- ing of the first floor. December 2003 to those at end-1999, there were The board identified the need to replace the 52% — +137 — more medical/dental personnel, existing lift at the hospital as one of its priorities 78% — 281 — more health and social care pro- for capital funding. My Department will continue fessionals, 34% — +588 — more nurses employed to liaise with the board on this project and in line in the region in wholetime equivalent terms. with the board’s priorities for capital investment Regarding the prioritisation of particular ser- and having regard to resources available to my vice and geographical areas, the responsibility for Department under the capital investment frame- human resource planning rests with the chief work 2004-2008. executive officer of the North Western Health Board. The chief executive in managing the Health Board Services. workforce in his region is responsible for 217. Mr. Carey asked the Ta´naiste and Minister determining the appropriate staffing mix and the for Health and Children the arrangements which precise grades of staff to be employed in line with exist to have a doctor on call at a medical centre service plan priorities, subject to overall employ- (details supplied) in Dublin 11; and if she will ment levels remaining within the approved make a statement on the matter. [24079/04] regional employment ceiling. The provision of health related services for Ta´naiste and Minister for Health and Children people with disabilities is a matter for the health (Ms Harney): General medical services contract boards and the Eastern Regional Health Auth- holding GPs are obliged to register the hours ority in the first instance. Accordingly a copy of which they will be available for surgery and dom- the Deputy’s question has been forwarded to the icilary consultation during normal hours with the chief executive of the North Western Health local health board. Outside of these times, they Board with a request that he examine the matter are further obliged to make appropriate arrange- and reply direct to the Deputy. ments for contact with them or a deputy for their patients. All issues relating to doctors on call at Hospitals Building Programme. medical centres are a matter for the relevant health board-authority. Accordingly, I have for- 219. Mr. Cregan asked the Ta´naiste and Mini- warded the Deputy’s query to the chief executive ster for Health and Children the progress being 239 Questions— 12 October 2004. Written Answers 240

[Mr. Cregan.] Building Healthier Hearts specifically recom- made regarding approval to invite tenders for the mends that “Health service institutions should act construction of the specially dedicated Alzhei- as models of good practice in the provision of mer’s disease unit at a hospital (details supplied) healthy food choices.” In response to this recom- in County Limerick; and if she will make a state- mendation, my Department intends publishing ment on the matter. [24115/04] the following guidelines later this year: minimum nutrition guidelines for patients in acute hospitals Ta´naiste and Minister for Health and Children and catering guidelines for staff and visitors. (Ms Harney): Detailed design has been under- I understand that assessment tools to assist taken by the Mid-Western Health Board for the health care facilities, including hospitals, in imple- proposed dementia unit for St. Ita’s Hospital, menting these guidelines and standards are also Newcastle West, County Limerick, and the pro- being prepared and will be co-ordinated by the ject is now at pre-construction stage. It has been health promoting hospitals network. indented in my Department’s capital investment framework 2004-08. The question of giving Health Board Services. approval to the board to invite tenders is being considered by my Department, in conjunction 222. Mr. J. Breen asked the Ta´naiste and Mini- with the Mid-Western Health Board, in the con- ster for Health and Children if the Mid-Western text of progressing new capital commitments Health Board will provide a regular chiropody under the framework, taking account of the over- service at the Shannon health centre, Shannon, all funding resources required in respect of each County Clare. [24136/04] project. My Department will continue to work Ta´naiste and Minister for Health and Children closely with the board to advance the project. (Ms Harney): The provision of chiropody services to eligible persons in the Shannon health centre, Health Board Services. Shannon, County Clare, is a matter for the Mid- 220. Mr. McCormack asked the Ta´naiste and Western Health Board. My Department has Minister for Health and Children the position asked the chief executive officer to investigate regarding the provision of a medical centre for this matter and reply direct to the Deputy. Tully, Ballinahown, Connemara, County Galway (details supplied); and if she will make a state- Question No. 223 answered with Question ment on the matter. [24126/04] No. 201.

Ta´naiste and Minister for Health and Children Drug Treatment Services. (Ms Harney): The provision of health centres to meet the needs of local communities and the 224. Mr. P. McGrath asked the Ta´naiste and maintenance and upgrading of such centres Minister for Health and Children her views on within its functional area is a matter for the rel- whether the facilities available for the provision evant health board or the Eastern Regional of methadone in Blanchardstown, Dublin 15, are Health Authority. In the case of Tully, Ballina- satisfactory since the closure of the drug treat- hown, Connemara, County Galway, this responsi- ment centre in the grounds of Blanchardstown bility rests with the Western Health Board. My Hospital; and the proposals she intends to bring Department has asked the board’s chief executive forward to replace the closed facility. [24151/04] officer to investigate this matter and reply direct Ta´naiste and Minister for Health and Children to the Deputy. (Ms Harney): The provision of drug treatment service is the statutory responsibility of the health Hospital Catering Services. boards in the first instance. In this instance, the 221. Ms McManus asked the Ta´naiste and Northern Area Health Board of the Eastern Minister for Health and Children the assessment Regional Health Authority. I have been advised which is carried out of the quality and quantity by the Eastern Regional Health Authority that of food served in hospitals here in view of the drug treatment services in the Dublin 15 area are importance of good nutrition for hospital available at Mountview health centre, Corduff patients; and if she will make a statement on the health centre and Mulhuddart. These centres pro- matter. [24135/04] vide general practitioner, nursing, counselling, outreach and community welfare services. Ta´naiste and Minister for Health and Children I have also been advised that a methadone dis- (Ms Harney): Currently there is no assessment pensing service is provided on the hospital policy at national level for nutrition in hospitals. grounds on a daily basis. The NAHB also runs a However, healthy catering guidelines for needle exchange programme in conjunction with hospitals are being developed by the health pro- local community drug teams. I am further advised motion unit of my Department as part of the that the NAHB is planning the development of implementation of key departmental strategies, two primary care centres at Hartstown and Mul- Building Healthier Hearts, the National Health huddart-Tyrellstown. The NAHB envisages that Promotion Strategy 2000-2005 and Quality and addiction services needed to meet the presenting Fairness — A Health System for You. population will be delivered in these centres. 241 Questions— 12 October 2004. Written Answers 242

The strategy Primary Care: A New Direction provide for the registration and control of per- promotes the development of multi-disciplinary sons engaged in the practice of dentistry. Under primary care teams and networks of health and the Act, the Dental Council shall also provide for allied professionals with a capacity to deliver a other matters relating to the practice of dentistry broad range of health interventions to the local including “the adequacy and suitability of post- population. The objectives of this strategy include graduate education and training.” making health services more accessible to the In accordance with the Act, the Dental Council local community and ensuring that interventions established a register of dental specialists with a that do not require hospital care are provided at division of orthodontics in 1999. Under section the point closest to the customer. It is the inten- 30(1) of the Act, only persons who have com- tion of the NAHB that addiction services will pleted a recognised specialist training programme continue to be developed in accordance with the in orthodontics are entitled to be registered in plan to enhance primary care provision in the this specialist register. I have no plans to review Blanchardstown area. this operation at present.

Health Board Services. Question No. 228 answered with Question 209. 225. Mr. McGinley asked the Ta´naiste and Minister for Health and Children if her attention Mental Health Services. has been drawn to the fact that there is a long 229. Mr. Neville asked the Ta´naiste and Mini- waiting list for physiotherapy treatment in Done- ster for Health and Children the number of men- gal Town District Hospital; if she will outline the tal health promotional officers involved in the availability of physiotherapy throughout Done- health service. [24157/04] gal; if there are plans to provide extra physio- therapists; and if she will make a statement on Ta´naiste and Minister for Health and Children the matter. [24152/04] (Ms Harney): The National Health Promotion Strategy 2000-2005 recognises that mental health Ta´naiste and Minister for Health and Children is equally important as physical health to the (Ms Harney): The provision of physiotherapy ser- overall well being of a person and poor mental vices, and any matters relating to such provision, health has a significant impact on a person’s qual- within its functional area, is a matter for the rel- ity of life and their contribution to society. For evant health board or the Eastern Regional that reason, mental health is a resource that Health Authority, ERHA. In the case of County needs to be protected and promoted. Donegal, this responsibility lies with the North Mental health promotion targets the whole Western Health Board. In the circumstances, my population and focuses on the protective factors Department has requested the chief executive for enhancing well being and quality of life, officer of the North Western Health board to together with early intervention and prevention investigate this matter and reply direct to the of mental health problems. The goal of mental Deputy. health promotion is the enhancement of poten- 226. Mr. Ring asked the Ta´naiste and Minister tial, building psychological strengths and resili- for Health and Children the reason a person ence rather than focusing on reducing disorders. (details supplied) in County Mayo has been This approach is, therefore, much more con- refused transport to attend an outpatient cerned with the process of enabling and achieving clinic. [24153/04] positive mental health and enhancing quality of life for the general population. It is also Ta´naiste and Minister for Health and Children important to note that mental health promotion is (Ms Harney): As the Deputy will be aware, the integral to most health promotion initiatives and provision of health services in County Mayo is, in programmes as diverse as promoting physical the first instance, the responsibility of the West- activity, being smoke free, and supporting bre- ern Health Board. My Department has, there- astfeeding contain substantial elements for the fore, asked the chief executive of the board to promotion of positive mental health. investigate the matter raised by the Deputy and To support the ongoing promotion of positive reply direct to him as a matter of urgency. mental health among the population, the follow- 227. Mr. Neville asked the Ta´naiste and Mini- ing personnel resources have been made avail- ster for Health and Children if there are plans to able. Suicide resource officers have been put in place the pre-1999 training programme for appointed in all the health boards with specific orthodontics in the Mid-Western Health responsibility for implementing the National Task Board. [24155/04] Force on Suicide’s recommendations. The follow- ing health boards have, within their health pro- Ta´naiste and Minister for Health and Children motion departments, specially designated mental (Ms Harney): It is considered essential that health promotion officers: Southern Health specialist dentist in orthodontics training pro- Board; North Eastern Health Board; North West- grammes meet internationally recognised stan- ern Health Board; Northern Area Health Board; dards. The Dentists Act 1985 provides for the East Coast Area Health Board; and South West- establishment of the Dental Council which shall ern Health Board. 243 Questions— 12 October 2004. Written Answers 244

[Ms Harney.] eastern and part of the south-eastern regions opt In recognition of the role played by the volun- to have their primary treatment and follow up at tary sector and the importance of fostering close the BreastCheck clinical unit for their region. As links between the health services and voluntary I advised the Deputy, it is open to women to seek organisations, each health board area has a treatment and follow up at their regional desig- development officer who liaises between the nated centre for symptomatic breast disease statutory health services and the local mental which meets the essential requirements I have health associations to provide an integrated and outlined. comprehensive service. Medical Cards. Departmental Correspondence. 233. Ms B. Moynihan-Cronin asked the 230. Mr. Naughten asked the Ta´naiste and Ta´naiste and Minister for Health and Children Minister for Health and Children further to cor- the number of discretionary medical cards issued respondence (details supplied), if she will furnish in each county for each year from 1997 to 2003 a response to the issue raised. [24227/04] and to date in 2004; and if she will provide this Minister of State at the Department of Health information in tabular form. [24231/04] and Children (Mr. T. O’Malley): As the Deputy Ta´naiste and Minister for Health and Children is aware from my reply to his correspondence, the (Ms Harney): The latest information available on matter raised by him is a matter for the health medical card coverage is that for September 2004. board in which the person named in the corre- There were 768,895 cards covering 1,151,106 per- spondence resides. As stated in my response to sons, or 29.39% of the population, in existence at the Deputy, the chief executive officer of the rel- that time. evant health board has been asked to investigate Information on the numbers of discretionary the matter and reply directly to him. medical cards, that is persons whose income 231. Mr. Naughten asked the Ta´naiste and exceeds the guidelines, but who have been Minister for Health and Children further to cor- granted medical cards, is not routinely kept by respondence (details supplied), if she will furnish my Department. The matter will be referred to a full response on the issue. [24228/04] the health boards and the authority for investi- gation and direct reply to the Deputy. Minister of State at the Department of Health 234. Ms McManus asked the Ta´naiste and and Children (Mr. T. O’Malley): Responsibility Minister for Health and Children if in view of the for the provision of funding for services in the Westmeath area is a matter, in the first instance, medical expenses incurred and the ongoing need for the Midland Health Board. My Department for care of severely developmentally delayed chil- has asked the chief executive officer of the health dren from birth, these children will be granted a board to investigate the matter raised by the medical card in their own right without a means Deputy and reply directly to him. test for a third party; and if she will make a state- ment on the matter. [24232/04] Cancer Screening Programme. Ta´naiste and Minister for Health and Children 232. Ms B. Moynihan-Cronin asked the (Ms Harney): Health board chief executive Ta´naiste and Minister for Health and Children, officers have discretion in regard to the issuing of further to Parliamentary Question No. 388 of 5 medical cards and a range of income sources can October 2004, the further position; if they will be excluded by the health boards when assessing have an option in such an instance; the policy of medical card eligibility. Despite someone having her Department onallowing women avail of such an income that exceeds the guidelines, a medical treatment at the nearest available treatment unit; card may still be awarded if the chief executive and if she will make a statement on the officer considers that a person’s medical needs or matter. [24230/04] other circumstances would justify this. Ta´naiste and Minister for Health and Children For those who do not qualify for a medical (Ms Harney): There is significant international card, there is a number of schemes that provide evidence linking best outcome in breast surgery assistance towards the cost of medication. Under to multi-disciplinary care, adequate throughput the long-term illness scheme, persons suffering and support services in the various modalities of from a number of conditions can obtain the drugs cancer care. It is my Department’s view that all and medicines required for the treatment of that women, regardless of location, who require breast condition free of charges. The conditions in ques- surgery should receive treatment and follow up tion include mental illness, for persons under 16 that ensures best patient outcome. years only, intellectual disability, phenylketo- BreastCheck, the national breast screening nuria, cerebral palsy, spina bifida, epilepsy etc. programme, has advised my Department that the Under the drug payments scheme, a person and majority of women whose breast cancer is his-her dependants will not have to pay more detected by BreastCheck under the current scre- than \78 in any calendar month for approved pre- ening programme in the eastern, midland, north- scribed drugs and medicines. 245 Questions— 12 October 2004. Written Answers 246

The Government is fully committed to the tember 2004; the timescale for delivery of these extension of medical card coverage as set out in measures; and if she will make a statement on the the health strategy. This will focus on people on matter. [24239/04] low incomes and will give priority to families with children, particularly those with a disability. The Ta´naiste and Minister for Health and Children timing of the introduction of the extension will be (Ms Harney): My predecessor, the Minister, decided having regard to the prevailing budget- Deputy Martin, met officials of the North Eastern ary position. Health Board and medical representatives of the The health strategy includes a whole series of Cavan-Monaghan hospital group on 28 Sep- initiatives to clarify and expand the existing tember last. The Minister was briefed on progress arrangements for eligibility for health services, relating to the reconfiguration of hospital services including recommendations arising from the across the group, as follows. The board proposes review of the medical card scheme carried out by to recruit five additional non-consultant hospital the health board CEOs under the PPF which doctors to facilitate the early restoration of 24 include streamlining applications and improving hour- seven day medical cover to Monaghan the standardisation of the medical card appli- General Hospital. Work is due to commence cations process to ensure better fairness and shortly on an expanded treatment room at transparency; providing clearer information to Monaghan Hospital. My Department has about how and where to apply for medical cards; approved capital funding of \750,000 for this pur- and proactively seeking out those who should pose. The project will be completed in a time have medical cards to ensure they have access to frame of approximately 16 weeks. The board is to the services that are available. furnish my Department with details of the In addition, my Department is committed to additional revenue funding required to com- the preparation of new legislation to update and mission this expanded facility. codify the whole legal framework for eligibility The board intends to commission ten and entitlements in regard to health services. additional day beds at Monaghan General Hospital to facilitate an increased volume of elec- Question No. 235 answered with Question tive surgery on a day basis at the hospital. My No. 205. Department has approved revenue funding of \500,000 for this purpose. Applications for three Hospital Services. consultant surgical posts to facilitate the develop- 236. Caoimhghı´nO´ Caola´in asked the ment of surgical services across the Cavan- Ta´naiste and Minister for Health and Children if Monaghan hospital group have been submitted to she will give approval and resources for the pro- Comhairle na nOspide´al for approval. The board vision of a dedicated haematology and oncology is to submit proposals to my Department in unit at Waterford Regional Hospital as proposed regard to the provision of an additional nineteen by the South Eastern Health Board. [24238/04] beds at Cavan General Hospital, as part of the reconfiguration of services across the group. Ta´naiste and Minister for Health and Children (Ms Harney): The South Eastern Health Board Homeless Persons. has submitted a draft planning brief to my Department for capital developments at Water- 238. Mr. O’Connor asked the Ta´naiste and ford Regional Hospital which includes the pro- Minister for Health and Children her plans to vision of a new oncology and haematology deal with homelessness in the Dublin region; and department. My Department is considering this if she will make a statement on the matter. proposal in the context of the capital investment [24242/04] framework 2004-08. Ta´naiste and Minister for Health and Children In regard to the overall development of cancer (Ms Harney): Homelessness — An Integrated services in the south eastern region, additional \ Strategy, published in May 2000, places responsi- cumulative funding of almost 42 million has bility for the provision of accommodation for been allocated since 1997 for the development of homeless adults with the local authorities and the appropriate treatment and care services for provision of their in-house care and health needs people with cancer. This investment has enabled with the health boards. the funding of an additional ten consultant posts Since the publication of Homelessness — An in key areas of cancer care and also the appoint- Integrated Strategy, the Department of Health ment of 26 clinical nurse specialists across the and Children has provided just over \26 million region. additional funding to the health boards towards 237. Caoimhghı´nO´ Caola´in asked the Ta´naiste the implementation of the strategy. Of that \26 and Minister for Health and Children the million, more than \16 million has been allocated additional resources, facilities and functions for to the Eastern Regional Health Authority Monaghan General Hospital as outlined in a towards the implementation of the strategy in the public statement by her predecessor on 29 Sep- eastern region. In that time frame, the Eastern 247 Questions— 12 October 2004. Written Answers 248

[Ms Harney.] provision of health services in the Kildare area Regional Health Authority and the area health is, in the first instance, the responsibility of the boards have made significant progress towards Southern Western Area Health Board acting meeting the in-house care costs along with under the aegis of the Eastern Regional Health developing new designated services for homeless Authority. My Department has, therefore, asked adults who are not ready or able to avail of main- the chief executive of the authority to investigate stream services. The Department of Health and the matter raised by the Deputy and reply direct Children, the Eastern Regional Health Authority to him as a matter of urgency. and the area health boards will continue to play a critical role in addressing the needs of people Health Board Services. who are homeless or at risk of homelessness over the coming three years. 240. Mr. Deasy asked the Ta´naiste and Mini- Part of the task will be to continue to build on ster for Health and Children her position with the achievements of the past three years, which regard to funding for the provision of the Care- included the development of a number of innov- doc co-operative service in Waterford city and ative health services for homeless people. These county considering that Waterford is the only were primarily concerned with bringing health county in the south east without this service; and services to people who were homeless at locations if she will make a statement on the matter. that best suited their needs and lifestyles. They [24314/04] included the development of primary care ser- Ta´naiste and Minister for Health and Children vices in hostels and day services — services such (Ms Harney): Between 2000 and 2003, \7.124 as dental, GP, nursing, chiropody, alcohol detox, million was allocated to the South Eastern Health and counselling. In addition, outreach teams were Board for the expansion of their out of hours co- established with the aim of linking people who operative, Caredoc. In 2004, \3.492 million has are homeless into mainstream services and dedi- been included in the health board’s base allo- cated mental health teams were put in place to cation for the continued provision of services meet the mental health needs of people who are under this heading. The dedicated funding is homeless on an outreach basis. In addition, the exclusive of the fees paid to participating general health boards in partnership with a number of practitioners. Decisions on the geographical areas voluntary agencies have been piloting a holistic, to be covered by co-operatives and the order in multi-agency approach to the needs of women which developments occur are matters for the rel- and children in emergency accommodation. evant health board which must have regard to the In line with the philosophy of the new three range of financial and other issues involved in any year plan for tackling homelessness in Dublin, such developments. Further expansion will be Making it Home, published by the Homeless considered in the context of service requirements, Agency, the key focus for health services over the health board proposals and funding availability. next three years will be on prevention. The health services will work closely with other agencies to Hospital Services. develop the appropriate supports at local level to ensure people at risk of homelessness or who 241. Mr. Deasy asked the Ta´naiste and Mini- become homeless are assisted to remain in their ster for Health and Children her position with own communities. The health boards have regard to the funding of public patients at any already begun to address the training needs of private radiotherapy centre that may be local health care staff as a first step in developing developed in the Waterford area. [24317/04] local responses. This process will be assisted by the reformed health system which will be in place Ta´naiste and Minister for Health and Children at the beginning of 2005 and which will have a (Ms Harney): The Government is committed to particular emphasis on strengthening inter- making the full range of cancer services available sectoral working, supporting community develop- and accessible to cancer patients throughout ment and providing services in a multi-dis- Ireland. To this end, we will provide considerable ciplinary and co-ordinated manner at local level. investment in radiation oncology facilities in the coming years. Nursing Home Subventions. As regards referral of public patients to private facilities, the national radiation oncology co-ordi- 239. Mr. Durkan asked the Ta´naiste and Mini- nating group has been established to, inter alia, ster for Health and Children if an increase in advise on quality assurance protocols and nursing home subvention will be offered to a per- develop guidelines in regard to this matter. The son (details supplied) in County Kildare; and if group comprises clinical, technical, managerial, she will make a statement on the matter. academic and nursing expertise from different [24251/04] geographic regions. I expect the application of Ta´naiste and Minister for Health and Children these guidelines to inform the funding of any such (Ms Harney): As the Deputy will be aware, the referrals to by the Deputy. 249 Questions— 12 October 2004. Written Answers 250

Ambulance Services. the first instance, the responsibility of the West- ern Health Board. My Department has, there- 242. Mr. Ring asked the Ta´naiste and Minister fore, asked the chief executive of the board to for Health and Children the reason the ambul- investigate the matter raised by the Deputy and ance services in the Western Health Board region reply direct to him as a matter if urgency. no longer provide transport to elderly persons who do not have the resources to pay for trans- Hospital Staff. port to attend hospital appointments; and the reason there has been a change in this issue. 246. Mr. Deenihan asked the Ta´naiste and [24349/04] Minister for Health and Children when the neces- sary financial resources will be provided to enable Ta´naiste and Minister for Health and Children a consultant cardiologist to be appointed at (Ms Harney): Responsibility for the provision of Tralee General Hospital, County Kerry; and if ambulance services in County Mayo rests with she will make a statement on the matter. the Western Health Board. My Department has, [24371/04] therefore, asked the chief executive officer of the board to investigate the matter raised by the Ta´naiste and Minister for Health and Children Deputy and to reply to him directly. (Ms Harney): Additional funding of \500,000 was allocated to the Southern Health Board under the Academic Qualifications. cardiovascular health strategy in April this year. 243. Ms Shortall asked the Ta´naiste and Mini- The funding will allow the board to begin estab- ster for Health and Children if she proposes to lishing a consultant-led cardiology services for introduce legislation or regulations to provide for patients in Kerry. It will also be used to develop mutual recognition of the academic and pro- the Southern Health Board’s cardiac rehabili- fessional qualifications of pharmacists within the tation services and expand its first responder pro- European Union. [24350/04] ject, in which members of rural communities are trained and equipped to respond effectively to a Ta´naiste and Minister for Health and Children cardiac event. (Ms Harney): Regulations to provide for mutual I am advised by the Southern Health Board recognition of the academic and professional that a consultant cardiologist post joint appoint- qualifications of pharmacists within the European ment, in partnership with Kerry General Hospital Union are contained in S.I. No. 239 of 1987 Euro- and Bon Secours Hospital, Tralee, has been pean Community (Recognition of Qualifications advertised and that interviews for this post are in Pharmacy) Regulations 1987, as amended. currently being arranged.

Health Board Services. Suicide Incidence. 244. Mr. R. Bruton asked the Ta´naiste and 247. Mr. O’Connor asked the Ta´naiste and Minister for Health and Children if she has Minister for Health and Children if she will received an application for capital funding from report on her endeavours to tackle the huge the Eastern Regional Health Authority to pro- problem of suicide; and if she will make a state- vide a residential educational service for a school ment on the matter. [24396/04] (details supplied) in Dublin 9; and if she is in a position to provide funding for this project. Minister of State at the Department of Health [24351/04] and Children (Mr. T. O’Malley): My Department has given special attention in recent years to Minister of State at the Department of Health resourcing of suicide prevention initiatives. Since and Children (Mr. T. O’Malley): My Department the publication of the report of the National Task has recently approved minor capital funding of \ Force on Suicide in 1998, a cumulative total of 100,000 to the Eastern Regional Health Auth- more than \17.5 million has been provided ority in respect of St. Joseph’s School for the towards suicide prevention programmes and for Visually Impaired, Dublin 9, to alleviate the cur- research. This year more than \4.5 million is rent female accommodation situation at the available to the various agencies working towards school. reducing the level of suicide and attempted suic- 245. Mr. Ring asked the Ta´naiste and Minister ide here. This includes the health boards, the for Health and Children the reason a person National Suicide Review Group, the Irish Associ- (details supplied) in County Mayo is not receiving ation of Suicidology and the National Suicide home help; the organisation which the health Research Foundation. board claims is providing home help to this per- The recently published annual report of the son; and the hours being given to this person. National Suicide Review Group (NSRG) meets [24365/04] the requirement of the Health (Miscellaneous Provisions) Act 2001, that the Minister for Health Ta´naiste and Minister for Health and Children and Children will report annually on the (Ms Harney): As the Deputy will be aware, the measures taken by health boards to prevent suic- provision of health services in County Mayo is, in ides in the previous year. This report, which was 251 Questions— 12 October 2004. Written Answers 252

[Mr. T. O’Malley.] an application for a lottery grant by a primary laid before the Houses of the Oireachtas on 29 school (details supplied) in County Limerick; her September, outlines the measures taken by the decision on the application; if an application for health boards and other agencies in 2003 to help her Department or another Department might be prevent suicide and reduce the impact of suicidal fruitful in 2004; and if she will make a statement behaviour. The aim of the report is to facilitate on the matter. [24399/04] sharing of information across the health boards Ta´naiste and Minister for Health and Children and other sectors regarding suicide prevention (Ms Harney): The organisation, which is a pri- projects and to provide accurate and current mary school, applied to my Department for a information on the patterns of death by suicide grant from the health and children allocation of in Ireland. national lottery funds in June 2003. The school I am fully committed to the intensification of sought funding of \19,940 towards the cost of suicide prevention measures and research pro- draining and resurfacing the playing surfaces at grammes and in this regard, work is now well the rear of the school and to set up a vegetable under way on preparation of a strategic action garden. There is a protocol in my Department for plan for suicide reduction. This strategy, involv- processing applications for national lottery ing the Health Boards Executive, HeBE, in part- grants. When the completed application form is nership with the National Suicide Review Group received in my Department it is registered in the and supported by the Department of Health and finance unit and forwarded to the relevant ser- Children will build on existing policy and on the vices division for their assessment, evaluation and recommendations contained in the report of the recommendation. All applications are then con- National Task Force on Suicide. All measures sidered in the context of the recommendation and aimed at reducing the number of deaths by suic- the overall level of funds available. In this ide will be considered in the preparation of this instance, the child care policy unit considered that strategy. this application was not suitable for funding from my Department and the school principal was Health Board Services. advised to apply for funding to the Department 248. Mr. Ring asked the Ta´naiste and Minister of Education and Science and the Department of for Health and Children when an application for Justice, Equality and Law Reform. the domiciliary care allowance will be awarded to Irish Blood Transfusion Service. a person (details supplied) in County Mayo. [24397/04] 251. Ms Lynch asked the Ta´naiste and Minister for Health and Children if development of the Minister of State at the Department of Health interim facility for the Irish Blood Transfusion and Children (Mr. T. O’Malley): The assessment Service on the St. Finbarr’s Hospital site in Cork of entitlement to and payment of the domiciliary has commenced; if the development will be com- care allowance in any individual case is a matter plete on schedule, by December 2004; and if she for the relevant health board. Accordingly, a copy will make a statement on the matter. [24412/04] of the Deputy’s question has been referred to the Tanaiste and Minister for Health and Children chief executive officer, Western Health Board, ´ (Ms Harney): The design team for the interim with a request that she examine the case and facility for the Irish Blood Transfusion Service in reply directly to the Deputy as a matter of Cork was appointed early in 2004. Procurement urgency. of the facility is being fast-tracked and construc- 249. Mr. Ring asked the Ta´naiste and Minister tion work commenced on site in June 2004. The for Health and Children when a person (details contract is being carried out in two phases to supplied) in County Mayo will be approved the allow continuity of the existing service. Phase 1, domiciliary care allowance. [24398/04] the new interim laboratory building, is complete including commissioning, occupation and live Minister of State at the Department of Health testing. Construction work on phase 2, redevelop- and Children (Mr. T. O’Malley): The assessment ment of the existing laboratory building and of entitlement to and payment of the domiciliary donor clinic, has commenced and is currently on care allowance in any individual case is a matter programme for completion in early December for the relevant health board. Accordingly, a copy 2004. of the Deputy’s question has been referred to the chief executive officer, Western Health Board, Medical Cards. with a request that she examine the case and 252. Ms B. Moynihan-Cronin asked the reply directly to the Deputy as a matter of Ta´naiste and Minister for Health and Children urgency. the income eligibility limits for medical cards at the end of 1997. [24424/04] National Lottery Funding. Ta´naiste and Minister for Health and Children 250. Mr. Noonan asked the Ta´naiste and Mini- (Ms Harney): The medical card income guide- ster for Health and Children if she has received lines for 1997 are as follows: 253 Questions— 12 October 2004. Written Answers 254

Category

Single person living alone (under 66) (£88.00) \111.74 Single person living alone (66-79) (£96.00) \121.89 Single person living alone (80 or over) (£100.50) \127.61 Single person living with family (under 66) (£78.00) \99.04 Single person living with family (66-79) (£83.00) \105.39 Single person living with family (80 or over) (£86.00) \109.20 Married couple (under 66) (£127.50) \161.89 Married couple (66-79) (£143.00) \181.57 Married couple (80 or over) (£150.00) \190.46 Allowance for each child under 16 (£15.50) \19.68 Allowance for other dependants (£17.00) \21.59 Allowance for house expenses: (e.g. rent, mortgage) — figure over (£15.50) \19.68 Allowance for cost of travelling to work: Cost allowed per week over (£14.00) \17.78

Suicide Incidence. and if this person’s transport needs will be met 253. Mr. Neville asked the Ta´naiste and Mini- for the future. [24519/04] ster for Health and Children her views on the Minister of State at the Department of Health Rosbrien suicide awareness group proposal, suic- and Children (Mr. T. O’Malley): The Deputy may ide prevention pilot draft (details supplied). be aware that my Department holds responsi- [24469/04] bility for the mobility allowance and the motor- Minister of State at the Department of Health ised transport grant. The mobility allowance is and Children (Mr. T. O’Malley): I understand payable by the health boards, subject to a means that the Mid-Western Health Board is consider- test, to persons with a severe disability. Appli- ing the Rosbrien suicide awareness group’s pro- cants must be 16 years or older and under 66 posals in the context of the further development years. The allowance provides financial support of appropriate intervention measures for persons to eligible people who are unable to walk or use at risk of suicide. The development of such ser- public transport and is intended to enable them vices will be considered in the context of the esti- to benefit from a change in surroundings — for mates process for 2005 and subsequent years. example, by financing the occasional taxi journey. Eligible persons must reside at home or in any Ombudsman for Children. long-stay facility. Such eligible persons can con- 254. Mr. Neville asked the Ta´naiste and Mini- tinue to receive payment after he or she reaches ster for Health and Children the progress made the age of 66 provided he or she was receiving in establishing the service of Ombudsman for the allowance prior to his or her 66th birthday. children. [24470/04] Persons aged 66 or over who apply are not eli- gible. The allowance is paid on a monthly basis. Minister of State at the Department of Health and Children (Mr. B. Lenihan): The Ombudsman A motorised transport grant, MTG, of up to for children was appointed by the President on 75% of the actual cost of purchasing-adapting a 18 December 2003 following a resolution of both car, which takes into account the trade-in value Houses of the Oireachtas. The Office of the of a car being replaced, may be provided up to a \ Ombudsman for Children was formally estab- limit of 4,575. Where a person qualifies for both lished on 25 April 2004 and is in temporary the MTG and the disabled drivers and disabled accommodation. A number of staff were selected passengers tax concessions scheme, the MTG and have taken up duty with the office. Arrange- grant payable should not exceed the net outlay ments are currently being put in place to assign incurred, taking into account the benefit of the the remaining staff complement to the office. The disabled drivers and disabled passengers tax con- permanent location for the office has been selec- cessions scheme. ted and is being prepared for occupation. The payment of a motorised transport grant is subject to the condition that the health board will Departmental Allowances. not be called on at any future date to contribute 255. Mr. F. McGrath asked the Ta´naiste and towards the running cost of the vehicle. In this Minister for Health and Children if assistance will context, a mobility allowance recipient cannot be given to the family of a person (details qualify for the motorised transport grant. Simi- supplied) in County Limerick with a disability in larly, a person who has received the motorised obtaining the maximum support, advice and fund- transport grant in the previous three years cannot ing in order to ease the cost of adapting her car; qualify for the mobility allowance. 255 Questions— 12 October 2004. Written Answers 256

[Mr. T. O’Malley.] ment has no details of individual applications The assessment of entitlement to and payment made to ADM under the scheme. of the mobility allowance and motorised trans- However, I understand from inquiries made port grant in any individual case is a matter for with ADM that an application was received from the Eastern Regional Health Authority and the the person in question on 29 April 2004 and has health boards. In this regard, application should been the subject of correspondence with the be made to the Mid Western Health Board. applicant seeking clarification and requesting further information. I also understand that Health Board Services. further clarification is required from the applicant to allow the application to be processed. 256. Mr. Kehoe asked the Ta´naiste and Mini- ster for Health and Children the current position State Airports. with regard to the speech therapy for a person (details supplied) in County Wexford; the assist- 259. Mr. P. Breen asked the Minister for ance being given to this person who is deemed a Transport the position relating to the proposed priority; and if she will make a statement on the designation of public safety zones at the State air- matter. [24567/04] ports; and if he will make a statement on the matter. [24345/04] Minister of State at the Department of Health and Children (Mr. T. O’Malley): The provision 260. Mr. P. Breen asked the Minister for Trans- of health services, including speech and language port if he has proposals to introduce public safety therapy, for people with a physical and-or sensory zones at the regional airports; and if he will make disability is a matter for the Eastern Regional a statement on the matter. [24347/04] Health Authority and the health boards in the Minister for Transport (Mr. Cullen): I propose first instance. Accordingly, the Deputy’s question to take Questions Nos. 259 and 260 together. has been referred to the chief executive officer of The study conducted by ERM, Environmental the South Eastern Health Board with a request Resource Management, relating to public safety that he examine the matter raised and reply zones at the three main airports, Cork, Dublin directly to the Deputy, as a matter of urgency. and Shannon, is now complete and it is the inten- 257. Mr. Kehoe asked the Ta´naiste and Mini- tion that the outcome will be presented to ster for Health and Children the waiting time for Government jointly by myself and by the Mini- children waiting for speech therapy in County ster for the Environment, Heritage and Local Wexford; the efforts being made to reduce this Government, as soon as possible. The study con- waiting time; and if she will make a statement on ducted by ERM related only to public safety zones at Cork, Dublin and Shannon. There are the matter. [24568/04] no plans at present to introduce public safety zones at the regional airports. Minister of State at the Department of Health and Children (Mr. T. O’Malley): The provision 261. Ms B. Moynihan-Cronin asked the Mini- of health services, including speech and language ster for Transport further to Parliamentary Ques- therapy, for people with a physical and-or sensory tion No. 975 of 29 September 2004, if the review disability is a matter for the Eastern Regional was a departmental or ministerial review rather Health Authority and the health boards in the than a matter for the new Dublin Airport Auth- first instance. Accordingly, the Deputy’s question ority; if so, the reason the matter has been has been referred to the chief executive officer of handed over to the DAA for consideration; if he the South Eastern Health Board with a request has a role or function now in this review; if not, that he examine the matter raised and reply the reason therefor; his approach to this matter; directly to the Deputy, as a matter of urgency. and if he will make a statement on the matter. [24096/04] Taxi Hardship Panel. Minister for Transport (Mr. Cullen): Since 1 258. Dr. Upton asked the Minister for Trans- October last, the “Dublin appointed day”, the port the position regarding an application for a board of the Dublin Airport Authority, which person (details supplied) in Dublin 12 for assist- replaced the previous Aer Rianta board, has a ance from the taxi hardship panel; and if he will statutory mandate to do everything necessary to make a statement on the matter. [24344/04] give effect to the restructuring of the State air- Minister for Transport (Mr. Cullen): Area ports. In furtherance of that mandate, the posi- Development Management Limited, ADM, has tion of the authority’s principal subsidiaries, been engaged to administer and manage the including the Great Southern Hotel group, falls implementation of the taxi hardship payments to be considered by the authority itself in the first instance and thereafter by me. scheme which is implementing the recommend- ations of the taxi hardship panel report. The pro- cessing and consideration of applications under Rail Services. the scheme is being undertaken by ADM inde- 262. Mr. Perry asked the Minister for Trans- pendently of my Department and my Depart- port if his attention has been drawn to the inad- 257 Questions— 12 October 2004. Written Answers 258 equate train service that exists on the Sligo to Rail Services. Dublin line on which the locomotive breaks down 265. Mr. P. McGrath asked the Minister for frequently; if the necessary funding will be put in Transport the priority which will be given to sub- place to upgrade this service in view of the safety urban rail improvements in Dublin’s rail procure- risks involved for passengers; if his attention has been further drawn to the negative effect that this ment and upgrade programme; and if the metro, impact is having on the rail service, in view of airport link and Luas extensions will not have the fact that many passengers, with appointments funding priority over suburban rail improve- scheduled will have no other option but to use ments. [24172/04] alternative methods of transport in view of the Minister for Transport (Mr. Cullen): My delays encountered; the number of times the train Department, in consultation with the relevant has failed to meet the times on its scheduled time- State agencies under my aegis — CIE, RPA and table for the past three months; the year a new the DTO — is in the process of finalising a prior- locomotive was put on this line; and if he will itised investment programme for public transport make a statement on the matter. [24100/04] over the medium term. In this regard, Irish Rail Minister for Transport (Mr. Cullen): Iam recently submitted to my Department a strategy informed by Irish Rail that the service punctuality document that sets out the business case for a on the Sligo route is consistently in excess of 95% greater Dublin integrated rail network. The busi- . Under the terms of its customer charter, the ness case is being examined at present. The Rail- only trains which are calculated into this figure way Procurement Agency’s proposals in respect are those which arrive within ten minutes of their of the further development of Luas and the metro timetabled arrival time. are also being taken into account. The company has ordered 36 new railcars simi- 266. Mr. P. McGrath asked the Minister for lar to the 2900 series delivered last year. They are Transport if significant suburban rail improve- due for delivery in 2005 and some will be immedi- ments on the Connolly-Maynooth line can be ately allocated to the Sligo service. Their arrival expected within the next five years; and if he will will herald an increase on the Dublin-Sligo ser- make a statement on the matter. [24173/04] vice from three times a day to five times a day in either direction from December 2005. Minister for Transport (Mr. Cullen): Iam informed by Irish Rail that significant improve- Decentralisation Programme. ments are planned for the Maynooth line in the 263. Mr. Connaughton asked the Minister for short to medium term. There are currently 8- Transport the action he proposes to take regard- piece railcars running on all services on the May- ing the decentralisation programme with regard nooth line. New diesel railcars will be introduced to the proposed transfer of staff from the on the Sligo route with increased frequency from National Roads Authority to Ballinasloe, in view December 2005, providing additional capacity on of the fact that only six out of a total complement the Maynooth section. An additional 8-piece rail- of 89 indicated they wished to be transferred to car peak service to Maynooth is currently being Ballinasloe. [24120/04] investigated for introduction in 2005. The poten- Minister for Transport (Mr. Cullen): The tial of locating new stations along the route at decentralisation programme is operating on an Pelletstown, Phoenix Park and Porterstown is entirely voluntary basis. Those who do not wish currently being assessed. There are also plans for to transfer to a decentralised location will be the development of a 360-space car park at Lou- assigned to alternative public service posts in isa Bridge. Dublin. The procedures that will apply in the case of those who do not wish to transfer will be the State Airports. subject of discussions with the public service 267. Mr. P. Breen asked the Minister for Trans- unions. port the then existing and proposed runways which were shown safeguarded by means of red Air Services. solid zones with respect to the airport develop- 264. Mr. Kenny asked the Minister for Trans- ment plan prepared by his Department for port if compensation can be awarded to a person Dublin Airport on 11 March 1968; the length of (details supplied) in County Mayo; and if he will each such red zone together with the respective make a statement on the matter. [24142/04] lengths as outlined on the said plan of each of the new and existing, safeguarded, runways inclusive Minister for Transport (Mr. Cullen): There is of any proposed extensions in the case of the lat- no requirement in either Irish or European law ter; and if he will make a statement on the to provide for compensation to passengers in the matter. [24356/04] event of bankruptcy of an airline. Any compensa- tory measures would be a matter between the Minister for Transport (Mr. Cullen): I refer the customer and the airline, the customer and their Deputy to the reply to Question Nos. 111 to 116, travel agent or the customer and their insurers inclusive, on 27 February 2002 in which it was had they acquired holiday insurance. stated that the answer to Question No. 111 was 259 Questions— 12 October 2004. Written Answers 260

[Mr. Cullen.] would add to public safety risks to people on contained in a written answer on 30 January 2002 the ground. —Da´il Question No. 208 — as follows: This Department, in conjunction with the Department of the Environment and Local The Irish Aviation Authority was established Government, has commissioned consultants to with effect from 1 January 1994 pursuant to the make recommendations for public safety zones Irish Aviation Authority Act 1993 to exercise in the vicinity of Dublin Airport. The recom- powers and functions in relation to safety of air mendations of the consultants, ERM, will navigation services and regulation of safety at specifically deal with the risk to people on the airports in the State. When consulted about ground. proposed developments in the so called red The work, when completed, will clarify that zones, the IAA advises the planning authorities the primary agency in relation to aviation of any conflict with international aviation safety assessments will continue to be the Irish safety requirements, and also draws their atten- Aviation Authority, whereas the primary tion to increased public safety risks in those agency in assessing public safety risks will be areas. the relevant planning authority itself. In any The Air Navigation and Transport event, the planning authorities in accordance (Amendment) Act 1998 requires Aer Rianta to with their own statutory obligations, and ulti- take all proper measures for safety, security, mately, An Bord Pleana´la, will continue to management, control, regulation, operation, decide whether specific developments in the marketing and development of its airports. In vicinity of airports receive planning permission. discharge of that statutory duty, it is a matter When the study is completed, the Depart- for Aer Rianta to decide what representations, ment of the Environment and Local Govern- if any, it should make to the relevant planning ment will issue planning guidelines in accord- authorities in respect of proposed devel- ance with the Planning Acts to the Local opments within or in proximity to the State Authorities to assist them in their consider- airports. ation of the public safety aspects of planning applications in the vicinity of airports. The Planning Authorities have the normal statutory responsibility to regulate develop- I hope that the analysis by my Department and ment in their area. In doing this, they take the Department of the Environment, Heritage account of a wide variety of concerns, including and Local Government of the now completed public safety. ERM report will be ready for consideration by the Government very shortly. The red zones at airports were developed in The IAA is not responsible for producing or the 1960s to indicate to the local authorities the publishing safeguarding maps for licensed aero- areas in which development may need to be dromes including the State airports. This is a restricted, in the interests of aviation safety responsibility for the owners or operators of such specifically, and public safety generally. The licensed aerodromes. red zones have traditionally had two functions, The red safety areas for existing runways at namely the aviation safety function of avoiding Dublin Airport are similar in shape to those of developments which, potentially, because of the International Civil Aviation Organisation their height, may interfere with safe take-off annex 14 approach surface projected on to the and landing of aircraft, but also avoiding devel- ground. The respective sizes of the red safety opments which, because of their location, areas for these runways are as follows:

Runway Inner Edge in Metres Divergence Length in Metres Final Width in Metres

10R/28L 300 15% 3,048 1,214.4 16/34 300 15% 1,829 848.7 11/29 150 10% 1,829 515.8

S.I. No. 14 of 2002 was made by the IAA in exer- In relation to annexes 4 and 14 of the Chicago cise of the powers conferred on that body under Convention, the IAA will inform any interested the Irish Aviation Authority Act 1993. In accord- parties where they may be purchased. In addition ance with the Act, the IAA does not require min- the Authority will be publishing relevant material isterial approval prior to making these orders. I on the IAA website www.iaa.ie. am informed by the IAA that this order defines obstacles to aircraft in flight for the purpose of 268. Mr. P. Breen asked the Minister for Trans- airspace protection in the State at, adjacent to port if the airport development plan prepared by and in the vicinity of aerodromes and elsewhere his Department for Dublin Airport on 11 March and specifies reporting and information require- 1968 was subsequently forwarded to Dublin ments. These are new definitions and do not County Council; the date of such forwarding; if revoke or amend previous ones. the red zones so denoted thereon were desig- 261 Questions— 12 October 2004. Written Answers 262 nated by his Department prior to such date of to capture property not necessarily owned or forwarding; if not, if they were subsequently des- occupied by the operator of the airport; if the ignated by Dublin County Council and the date capture of such an incorporeal hereditament in of such designation; and if he will make a state- the immediate vicinity of runways was and still ment on the matter. [24357/04] remains an established policy on the part of his Department; and if he will make a statement on Minister for Transport (Mr. Cullen): As men- the matter. [24360/04] tioned in previous replies to the House on this subject, the current red zones were formally Minister for Transport (Mr. Cullen): My established in 1968. On further examination it is Department does not appeal planning appli- cations of the kind mentioned in by the Deputy not possible to provide a more precise date. The in his question. The appeal mentioned by the then Department of Transport and Power was Deputy was made by Aer Rianta. originally responsible for proposing the establish- The Air Navigation and Transport ment of the zones, which were approved and (Amendment) Act 1998 requires Aer Rianta — incorporated in the local authorities’ develop- now the Dublin Airport Authority — to take all ment plans. Development within those red zones proper measures for the safety, security, manage- is controlled by the local authorities through the ment, control, regulation, operation, marketing Planning Acts. and development of its airports. In discharge of 269. Mr. P. Breen asked the Minister for Trans- that statutory duty, it is a matter for that auth- port further to Parliamentary Question No. 453 ority to decide what representations, if any, it of 15 June 2004, if, prior to the establishment of should make to the relevant planning authorities the Irish Aviation Authority, any statutory in respect of proposed developments within or in requirement existed for either the reporting of proximity to the State airports. obstacles to his Department or the marking and The planning authorities have the normal lighting of such obstacles; if so, if his attention statutory responsibility to regulate development has been drawn to when red obstacle lights were in their areas. In doing this, they take account of a originally erected on the then Team Aer Lingus wide variety of concerns, including public safety. building; and if he will make a statement on the My Department, in conjunction with the matter. [24358/04] Department of Environment, Heritage and Local Government, is considering a report by ERM, 270. Mr. P. Breen asked the Minister for Trans- Environmental Resource Management, on the port further to Parliamentary Question No. 453 issue of public safety zones at the State airports. of 15 June 2004, if his Department was consulted Following detailed consideration of its con- at planning stage in respect of the then proposed clusions, I hope that both Departments’ analysis Team Aer Lingus building; if his attention has of this report, which deals comprehensively with been drawn to the fact that such proposed build- the issue of public safety on the ground in the ing had the potential to breach the ICAO aero- vicinity of the airports, including guidelines for drome obstacle chart, type A, for runway 11/29 at the use of land, will be ready for consideration by Dublin Airport by a massive 19.5 metres; if he the Government very shortly. had reservations regarding same; if he made for- mal observations regarding such a serious matter Abandonment Orders. to the planning authority or to Aer Lingus; and if he will make a statement on the matter. 272. Mr. P. Breen asked the Minister for Trans- [24359/04] port the respective statutory procedures for the abandonment of public roads or railways; and if Minister for Transport (Mr. Cullen): I propose he will make a statement on the matter. to take questions Nos. 269 and 270 together. [24361/04] I am advised by the IAA, Irish Aviation Auth- Minister for Transport (Mr. Cullen): An aban- ority, that, prior to the establishment its establish- donment order in respect of a rail line, or a part ment in 1994, there was no formal or statutory thereof, may be made by the board of CIE under obstacle reporting requirement, nor such a the provisions of the Transport Act 1950. A resol- requirement for obstruction lights. However, I ution by the board is required. This resolution am advised by the DAA, Dublin Airport Auth- must be published in Iris Oifigiu´il and in news- ority, that obstruction lights were installed on the papers circulating within the catchment area of Team Aer Lingus building during the course of the line in question. The authorities responsible its construction. I am not aware of any consul- for roads in the area must also be notified. No tations which took place at the planning stage of abandonment can take place until one month the Team Aer Lingus building. after the publication of the resolution. The statu- tory procedures for the abandonment of public 271. Mr. P. Breen asked the Minister for Trans- roads are set out in Part 11, section 12(1) to (10), port if his attention has been drawn to the fact of the Roads Act 1993. that in a letter of appeal to An Bord Pleana´la it was stated that red safety areas are part of a well Light Rail Project. established principle of land use planning and that development should be restricted in the 273. Mr. O’Connor asked the Minister for vicinity of aircraft runways and that this is meant Transport if the Railway Procurement Agency 263 Questions— 12 October 2004. Written Answers 264

[Mr. O’Connor.] city on this busy section of track, which has to will report in respect of contacts with residents in cater for both fast long distance services and Forest Lawns, Kingswood Heights, Tallaght, slower commuter services on the same pair of regarding their concerns in respect of the wall fac- tracks. ing on to the Luas line; and if he will make a statement on the matter. [24408/04] 276. Mr. Wall asked the Minister for Transport the position regarding the upgrading of the Minister for Transport (Mr. Cullen): The issue Waterford to Dublin line; the improvements that raised by the Deputy is a matter which is the day the upgrading is expected to achieve; if this to day responsibility of the Railway Procurement improvement to the infrastructure will mean that Agency and I have brought these concerns to the Arrow service will be able to be extended to their attention. Athy; and if he will make a statement on the 274. Mr. O’Connor asked the Minister for matter. [24478/04] Transport if he will initiate a meaningful dis- cussion on the potential of extending the Luas Minister for Transport (Mr. Cullen): Iam Tallaght line through Oldbawn and the Tallaght informed by Irish Rail that the renewal of track west estates to Citywest; and if he will make a and signalling on the Waterford to Dublin line statement on the matter. [24409/04] was completed earlier this year. This has laid an excellent foundation to further enhance service Minister for Transport (Mr. Cullen): Inte- levels on the route including commuter services gration and expansion of public transport services from Athy and Carlow. As a first step in this in the greater Dublin area is being pursued with enhancement strategy, from December 2004 the broad policy framework established by the there will be an additional service from Heuston Dublin Transportation Office’s Platform for to Carlow, servicing Athy, leaving Dublin at 7.45 Change. Responsibility for the development of p.m. In addition, in recent days Irish Rail has sub- specific proposals for the expansion of Luas ser- mitted proposals to my Department for funding vices lies with the Railway Procurement Agency, for the purchase of a fleet of 120 intercity railcars RPA. to operate on its intercity network. These pro- I understand from the RPA that inquiries are posals will now be considered. received frequently from developers and com- munity groups as to whether Luas lines could be extended to particular developments and neigh- Garda Allowances. bourhoods. However, neither my Department 277. Mr. Noonan asked the Minister for Justice, nor the RPA have received formal proposals Equality and Law Reform if a recent statement from developers about an extension of the Luas made by his predecessor on the pensionability of beyond the Square in Tallaght. I have raised the certain allowance and ex gratia payments payable Deputy’s suggestions with the RPA. to public servants applies to members of the Garda Sı´ocha´na; the specific allowances and ex Rail Services. gratia payments to which gardaı´ are pensionable; 275. Mr. Wall asked the Minister for Transport and if he will make a statement on the matter. the changes proposed to upgrade the Kildare to [24393/04] Dublin line to improve the timetable for com- muters in the Kildare and Newbridge catchment Minister for Justice, Equality and Law Reform area; and if he will make a statement on the (Mr. McDowell): I understand the focus of the matter. [24468/04] Deputy’s question is the announcement made by the former Minister for Finance on 14 September Minister for Transport (Mr. Cullen): I refer the about the Government’s decision of 8 September Deputy to my reply to a similar question on 7 to implement a number of further key recom- October 2004. I understand that Irish Rail is mendations of the Commission on Public Service finalising specific proposals for the Kildare route Pensions and whether this announcement covers project which involve a doubling of the existing pensionable allowances payable to members of capacity on the line by separating suburban from the Garda Sı´ocha´na. intercity services. This project will be submitted The position is that the Garda Sı´ocha´na, in to my Department shortly for approval. The pro- common with the public service generally, subject ject will also require a railway order to be made before any works can commence, in accordance to meeting all the normal qualifying criteria, is with the Transport (Railway Infrastructure) Act covered by the recent announcement. As a con- 2001. sequence of the Government decision, members In the interim, Irish Rail informs me that it has of the Garda Sı´ocha´na who retire as and from 1 been increasing the frequency and capacity of April 2004 may reckon the best three consecutive commuter services on the Kildare and Newbridge years in the ten years preceding retirement in the corridors over recent years. In the most recent calculation for superannuation purposes of pen- timetable of December 2003, additional services sionable allowances. I understand also that the and longer trains were included, which has almost Department of Finance is currently developing doubled commuter capacity on the route. Future detailed guidelines in respect of the recently capacity increases are constrained by track capa- announced public pensions reforms. 265 Questions— 12 October 2004. Written Answers 266

A list of the Garda pensionable allowances is Departments of Transport and Defence on this as follows: rent; availability; designated post; serious and important issue. [24019/04] instructor; analyst; change management, expert; Minister for Justice, Equality and Law Reform court presenter’s allowance; commissioner’s (Mr. McDowell): If and when complaints of private secretary; welfare officer; air support unit; alleged criminal activity of the kind referred to water unit; radio section; island; PSV inspector; by the Deputy are made to the Garda Sı´ocha´na, transport; collator; immigration officer; Minister’s I am satisfied that a full investigation will be con- driver; rostered unsocial hours; Saturday allow- ducted. I can confirm that my colleagues, the ance; Gaeltacht; and substitution. Ministers for Transport and Defence, would enjoy my full co-operation with any queries they Deportation Orders. may have in the matter. 278. Mr. Howlin asked the Minister for Justice, Equality and Law Reform if, in respect of deport- Citizenship Applications. ation orders served on persons (details supplied) 280. Mr. Hogan asked the Minister for Justice, in County Wexford, his attention has been drawn Equality and Law Reform when a decision will to matters (details supplied); if he will reconsider be made on application for naturalisation for a the decision to deport these persons in view of person (details supplied) in County Kilkenny. these matters and on humanitarian grounds; and [24020/04] if he will make a statement on the matter. [24018/04] Minister for Justice, Equality and Law Reform (Mr. McDowell): An application for naturalis- Minister for Justice, Equality and Law Reform ation from the person referred to by the Deputy (Mr. McDowell): The persons referred to by the was first received in the citizenship section of my Deputy entered the State on 23 April 2000 and 9 Department in July 2003. An initial examination August 2000, respectively, and applied for refu- disclosed that the application was not fully com- gee status. Following consideration of their cases pleted and consequently it was returned to the by the Office of the Refugee Applications Com- applicant. A correctly completed application was missioner, they were refused refugee status in the received on 23 September 2003. State. They subsequently appealed to the Refu- The average processing time for an application gee Appeals Tribunal. Following consideration of for naturalisation is currently 24 months. Conse- their cases, their appeals were rejected and the quently, it is anticipated that the application of original determinations affirmed. the individual concerned will be finalised around In accordance with section 3 of the Immi- September 2005. I will inform the Deputy and the gration Act 1999, as amended, the persons con- applicant concerned as soon as I have reached a cerned were informed on 24 February 2003 and decision in this case. 26 June 2003, respectively, that it was proposed to make deportation orders in respect of them 281. Mr. Kehoe asked the Minister for Justice, and they were given the following options: to Equality and Law Reform when a decision will make written representations within 15 working be made on granting Irish citizenship to persons days to the Minister for Justice, Equality and Law (details supplied); and if he will make a statement Reform setting out reasons they should not be on the matter. [24065/04] deported; to voluntarily leave the State; or to con- sent to deportation. Applications for leave to Minister for Justice, Equality and Law Reform remain in the State were received from their legal (Mr. McDowell): The persons concerned arrived representatives on 14 March 2003 and 15 July in the State and made an asylum application on 5 2003, respectively. October 2001. On 19 November 2001 the wife Following consideration of their cases under gave birth. Both subsequently withdrew their asy- section 3 of the Immigration Act 1999 as lum applications and applied for residency on the amended, and section 5 of the Refugee Act 1996 basis of parentage of the Irish born child. — prohibition of refoulement — deportation Following the decision of the Supreme Court orders were signed in respect of both persons on in the cases of L and O, the separate procedure 6 September 2004 and served by registered post which then existed to enable persons to apply to on 28 September 2004. High Court proceedings reside in the State on the sole basis of parentage have been instituted by the persons in respect of of an Irish born child ended on 19 February 2003. the deportation orders. As the matter is now sub The Government decided that the separate pro- judice I cannot comment further. cedure would not apply to cases which were out- standing on that date. There are a large number of such cases outstanding at present, including the State Airports. case to which the Deputy refers. 279. Mr. F. McGrath asked the Minister for Since the persons in question do not have an Justice, Equality and Law Reform if he will inves- alternative legal basis for remaining in this juris- tigate the so-called Guatanamo express plane diction, the issue of permission to remain will be revelations at Shannon Airport and the possible considered but only in the context of a ministerial illegal activities involving kidnap and torture car- proposal to deport them. If, in the light of rep- ried out via this plan; and if he will work with the resentations received and the range of factors set 267 Questions— 12 October 2004. Written Answers 268

[Mr. McDowell.] 36A of the 1988 Act, as inserted by section 13 of out in section 3(6) of the Immigration Act 1999, the 2000 Act, provides that where a licensee is the Minister decides not to make a deportation convicted of an offence under section 31, the Dis- order, they will be given leave to remain on a trict Court shall, in addition to any penalty humanitarian basis. As a result of the large imposed, make a temporary closure order in number of such cases on hand, I am unable to say respect of the premises concerned. at this stage when the file will be examined. Section 31(4) of the 1988 Act, as amended by section 14 of the 2000 Act, provides that in any Closed Circuit Television Systems. proceedings for a contravention of section 31 of the 1988 Act, it shall be a defence for the licensee 282. Mr. Carey asked the Minister for Justice, to prove that the person in respect of whom the Equality and Law Reform the further progress charge was brought produced to him or her an which has been made in respect of the provision age card relating to that person. The age card of closed circuit television cameras for the Finglas referred to here is the age card issued by the area of Dublin; if he has received the Garda Garda under the Intoxicating Liquor Act 1988 Commissioner’s advice on the possibility of inte- (Age Card) Regulations 1999. These regulations grating cameras funded by other agencies into set out detailed provisions in relation to the appli- those funded by his Department; and if he will cation and authentication procedure as well as make a statement on the matter. [24091/04] procedures for the preparation and issue of age Minister for Justice, Equality and Law Reform cards. (Mr. McDowell): As the Deputy is aware, an Section 34A of the 1988 Act, as inserted by offer has been made from statutory and other section 15 of the Intoxicating Liquor Act 2003, bodies to fund additional cameras for incorpor- provides that a licensee shall not permit a person ation into the Finglas CCTV system. I have been aged at least 18 years but under the age of 21 to informed by the Garda authorities that the use of be in the bar of licensed premises after 9.00 p.m. privately funded CCTV cameras as part of Garda if that person does not produce an age document. CCTV systems has been thoroughly considered In this context, age document is defined as includ- by the CCTV advisory committee and I under- ing a Garda age card, a passport, an identity card stand that a recommendation on this matter was of a member state of the European Communities forwarded to the Garda Commissioner. Further or a driving licence. to this recommendation, I am advised that a I see no good reason that a licensee should ref- policy document, detailing the proposed pro- use to accept a Garda age card for proof of age cedures regarding the acceptance of third party purposes. I would encourage licensees, where cameras, is almost complete and will be submitted possible, to request production of the Garda card to the commissioner in the near future. Upon for the purposes of complying with sections 31 receipt of the his views, I expect to be in a posi- and 34A of the 1988 Act. Acceptance of an alter- tion to decide on this matter. native form of age document, for example, a pass- I am further informed that a key issue to be port, will be appropriate in the case of young addressed in the installation of Finglas town cen- tourists or visitors. tre CCTV system is the provision of suitable If a licensee suspects that a Garda age card has accommodation to house the monitoring equip- been forged or altered, the Garda should be noti- ment. The Garda Sı´ocha´na, in conjunction with fied as it is an offence to forge a document pur- the Office of Public Works, is examining the porting to be an age card, alter an age card, or feasibility of renting private accommodation use such a document or an altered age card with which is close to the existing Garda station to intent to deceive. provide the necessary monitoring room. Juvenile Offenders. Liquor Licensing Laws. 284. Aengus O´ Snodaigh asked the Minister for 283. Mr. Carey asked the Minister for Justice, Justice, Equality and Law Reform the number of Equality and Law Reform if his attention has juveniles currently incarcerated for offences other been drawn to the fact that many holders of than those involving violence against the person Garda ID cards have been told at the entrance or threats of violence against the person; and the to pubs and nightclubs that these cards are not number of such juvenile offenders incarcerated acceptable and that passports are the only form between October 2003 and October 2004. of ID which will be accepted at these venues; his [24097/04] views on whether this valuable document should be required; and if he will make a statement on 285. Aengus O´ Snodaigh asked the Minister for the matter. [24092/04] Justice, Equality and Law Reform the number of persons currently incarcerated for offences other Minister for Justice, Equality and Law Reform than those involving violence against the person (Mr. McDowell): The position is that section 31 or threats of violence against the person; and the of the Intoxicating Liquor Act 1988, as amended number of such persons incarcerated between by section 14 of the Intoxicating Liquor Act 2000, October 2003 and October 2004. [24098/04] prohibits the sale or supply of intoxicating liquor to persons under the age of 18 on licensed prem- Minister for Justice, Equality and Law Reform ises, as well as the consumption of intoxicating (Mr. McDowell): I propose to take Questions liquor on such premises by such a person. Section Nos. 284 and 285 together. 269 Questions— 12 October 2004. Written Answers 270

There was a total of 3,170 persons in prison It is expected that figures for 2003 will be avail- custody on 8 October 2004 of which 529 persons able in the annual report for that year, which will were on remand or facing trial. The remainder of be published shortly. the prison population included 1,517 adults and 27 juveniles under the age of 18 years who were Travel Documents. serving sentences for what could be classed as 286. Mr. Perry asked the Minister for Justice, “non-violent” offences. As the following table Equality and Law Reform when travel docu- illustrates, there are a significant number of per- mentation will be issued to a person (details sons serving sentences for offences which, supplied); and if he will make a statement on the although not necessarily violent in nature, would matter. [24114/04] be regarded as very serious: Minister for Justice, Equality and Law Reform Number (Mr. McDowell): A travel document was issued to the person concerned in 2000. The validity of Adults this document was subsequently extended to July Drugs Offences 230 2005. I understand that the person in question has Road Traffic Offences 76 reported the loss of this travel document to the Garda. However, to date he has not made any Burglaries / Robberies 458 application to my Department for a replacement Other offences 753 document. On receipt of such an application con- Total 1,517 sideration will be given to issuing a replacement travel document to him. Juveniles Drugs Offences 0 Prison Committals. Road Traffic Offences 5 287. Mr. P. McGrath asked the Minister for Burglaries / Robberies 4 Justice, Equality and Law Reform the number of Other offences 18 non-EU national mothers in prison here who have children in care; the number of such chil- Total 27 dren; the period for which they are in care to date; the reasons for the detention of these The drugs offences category include unlawful mothers; the sentences imposed by the courts on importation of drugs, unlawful possession of these persons; and if he will make a statement on drugs and possession of drugs with intent to sup- the matter. [24116/04] ply. The road traffic offence category includes Minister for Justice, Equality and Law Reform crimes such as death by dangerous driving, (Mr. McDowell): I am informed by the director unauthorised taking and/or carriage in a motor general of the Irish Prison Service that there are propelled vehicle, careless or dangerous driving, 12 female prisoners, all of whom are detained in drunken driving, failing to provide samples, no Mountjoy female prison, whose nationality is insurance, no driving licence and numerous other from outside the European Union. The governor offences. Examples of offences included in the of that institution has interviewed each of the other offence category include arson, handling prisoners concerned and has reported that none stolen property, larceny, membership of illegal have children in the care of the authorities. organisations, possession of firearms, possession 288. Mr. P. McGrath asked the Minister for of knives, intoxication, theft, creating litter, forg- Justice, Equality and Law Reform the number of ery and debtor offences. mothers in jail for not complying with deport- While statistics relating to the period referred ation orders; and the status of the children of such to by the Deputy are not yet available, he may mothers (details supplied). [24117/04] be interested to note that the Irish Prison Service annual report of 2002 indicated that, during that Minister for Justice, Equality and Law Reform calendar year, 5,036 persons were committed on (Mr. McDowell): I am informed by the Com- sentence to prison custody. Their offences were missioner of the Garda Sı´ocha´na that there is cur- broken down as follows: rently one mother being held in detention for non-compliance with a deportation order. I Number understand from the commissioner that her young child is being cared for by a friend of hers. Offences Against the Person 684 Offences against Property with 253 Civil Liability. Violence 289. Mr. Neville asked the Minister for Justice, Offences Against Property without 761 Equality and Law Reform if he has plans to Violence amend the Civil Liability Act 1961 governing Drug Offences 260 fatal injury claims (details supplied). [24132/04] Road Traffic Offences 1,448 Other 1,630 Minister for Justice, Equality and Law Reform (Mr. McDowell): The fatal injury provisions of Total 2036 the Civil Liability Act 1961 referred to by the Deputy were most recently amended by the Civil 271 Questions— 12 October 2004. Written Answers 272

[Mr. McDowell.] which then existed to enable persons to apply to Liability (Amendment) Act 1996. I have no plans reside in the State on the sole basis of parentage to amend the provisions any further. The ques- of an Irish born child ended on 19 February 2003. tion of amending by order the amount of com- The Government decided that the separate pro- pensation available in such cases is being kept cedure would not apply to cases which were out- under review in my Department. standing on that date. There are a large number of such cases outstanding at present, including the Prisoner Transfers. case to which the Deputy refers. Since the person in question does not have an 290. Dr. Upton asked the Minister for Justice, alternative legal basis for remaining in this juris- Equality and Law Reform further to a previous diction, the issue of permission to remain will be parliamentary question on a matter (details considered but only in the context of a ministerial supplied), if it will be resolved as soon as poss- proposal to deport him. If, in the light of rep- ible. [24139/04] resentations received and the range of factors set Minister for Justice, Equality and Law Reform out in section 3(6) of the Immigration Act 1999, (Mr. McDowell): My Department has recently the Minister decides not to make a deportation received the High Court warrant which allows for order, he will be given leave to remain on a the transfer of the individual in question into this humanitarian basis. As a result of the large country and the continued enforcement of his number of such cases on hand I am unable to say prison sentence under the transfer of sentenced at this stage when the file will be examined. persons legislation. However, Irish prison officers are required to provide the escort for prisoners Garda Strength. transferring into this country under the legis- 293. Mr. P. McGrath asked the Minister for lation. The current position is that due to neces- Justice, Equality and Law Reform the number of sary cutbacks in overtime levels in the Irish gardaı´ based at each of the major Garda stations Prison Service, as well as for operational reasons, in Dublin, Cork, Limerick and Galway; and the it has been necessary for the Irish Prison Service population served by each station. [24169/04] to restrict such prison transfers into Ireland to one per month. There are currently a number of Minister for Justice, Equality and Law Reform prisoners on the list for transfer. However, I have (Mr. McDowell): I have been informed by the been assured that this transfer will be effected as Garda authorities who are responsible for the soon as is practically possible. detailed allocation of resources including person- nel that the personnel strength of each of the Garda Investigations. Garda stations in the Dublin metropolitan region and in each of the divisions of Cork City, Cork 291. Mr. Gregory asked the Minister for north, Cork west, Limerick and Galway west as Justice, Equality and Law Reform if he will at 11 of October 2004 was as follows: request a report from the Garda authorities regarding the violent disorder and serious assaults at a hurling match (details supplied) in DMR 2004 Wicklow on 3 October 2004; and if he will make a statement on the matter. [24140/04] Ballyfermot 74 Minister for Justice, Equality and Law Reform Ballymun 66 (Mr. McDowell): I am informed by the Garda Blackrock 68 authorities that they have received no formal Blanchardstown 145 complaint to date regarding any incident at a hur- ling match which was held in Wicklow on 3 Bray 80 October 2004. Bridewell 165 Cabinteeley 40 Residency Permits. Cabra 64 292. Mr. Costello asked the Minister for Clondalkin 81 Justice, Equality and Law Reform when a Clontarf 64 decision will be made on an application by a per- Coolock 82 son (details supplied) in County Cork for resi- Crumlin 86 dency under the Irish Born Children’s Act; and Dalkey 26 the reason for the delay in this decision. Donnybrook 122 [24168/04] Dublin Airport 23 Minister for Justice, Equality and Law Reform Dundrum 65 (Mr. McDowell): The person concerned arrived Du´ n Laoghaire 101 in the State on 3 June 2002 on a short-term tourist Enniskerry 5 visa. He was accompanied by a German female who resides in the State. She gave birth on 14 Finglas 73 July 2002 and the person in question applied for Fitzgibbon St. 118 residency on the basis of his parentage of the Greystones 27 Irish born child. Harcourt Terrace 78 Following the decision of the Supreme Court in the cases of L and O, the separate procedure 273 Questions— 12 October 2004. Written Answers 274

DMR 2004 Cork North 2004

Howth 43 Cloyne 1 Irishtown 56 Cobh 28 Kevin St. 116 Doneraile 1 Kill O’ Grange 34 Fermoy 47 Kilmainham 77 Glanmire 18 Leixlip 27 Glantaine 1 Lucan 70 Glenville 1 Malahide 44 Killdorrery 1 Mountjoy 88 Killeagh 2 Pearse St. 243 Kilworth 1 Raheny 64 Liscarroll 1 Rathcoole 26 Mallow 32 Rathfarnham 71 Midleton 39 Rathmines 70 Milford 5 Ronanstown 82 Mitchelstown 16 Santry 100 Rathcormac 1 Shankill 60 Watergrasshill 1 Stepaside 29 Whitegate 1 Store Street 260 Youghal 19 Sundrive Road 64 Swords 67 Tallaght 170 Cork West Terenure 87 Whitehall 32 Adrigole 1 Ballineen 2 Ballingeary 1 Cork City 2004 Ballinhassig 2 Ballinspittle 1 Anglesea St 218 Ballydehob 1 Ballincollig 22 Ballydesmond 1 Barrack Street 22 Ballyfeard 1 Bishopstown 24 Ballyvourney 2 Blackrock 28 Baltimore 1 Blarney 15 Bandon 67 Bridewell 22 Bantry 24 Carrigaline 15 Boherbue 1 Crosshaven 2 Castletownbere 4 Douglas 24 Castletownsend 1 Gurranabraher 56 Clonakilty 24 Mallow Road 6 Coachford 2 Mayfield 42 Crookstown 5 Passage West 5 Drimoleague 1 Rathduff Grenagh 2 Dunmanway 5 Togher 57 Durrus 1 Watercourse Road 59 Glengarriff 2 Goleen 1 Inchigeela 1 Cork North 2004 Innishannon 1 Kanturk 23 Ardmore 2 Kealkill 1 Ballycotton 2 Kilbrittain 1 Ballyduff 1 Kinsale 13 Ballynoe 1 Knocknagree 1 Buttevant 3 Macroom 26 Carrig na bhfear 3 Meelin 1 Carrigtwohill 3 Millstreet 8 Castletownroche 2 Newmarket 3 Charleville 14 275 Questions— 12 October 2004. Written Answers 276

[Mr. McDowell.] Limerick Cork West Abbeyfeale 12 Rathmore 1 Adare 3 Rosscarberry 2 Ardnacrusha 3 Schull 4 Askeaton 22 Skibbereen 10 Athea 1 Stuake 1 Ballingary 1 Tarelton 1 Ballylanders 1 Timoleague 1 Ballyneety 2 Bruff 19 Bruree 2 Caherconlish 2 Galway Cappamore 3 Ardrahan 2 Castleconnell 4 Athenry 4 Castletown Conyers 1 Carn Dolla 1 Croom 4 Drumcollogher 1 Carna 2 Foynes 3 Carraroe 5 Glin 1 Cill Ro´ na´in 3 Henry Street 194 Clifden 21 Hospital 3 Craughwell 1 Kilfinnane 2 Eyrecourt 1 Killmallock 5 Galway 170 Kilmeedy 1 Gort 25 Mary Street 4 Headford 6 Mayorstone 48 Inverin 1 Murroe 1 Kilchreest 1 Newcastle West 27 Killimor 1 Pallas 4 Kilcrickle 1 Pallaskenry 2 Kiltullagh 1 Patrickswell 3 Kinvara 2 Rathkeale 6 Leitir Mo´ r1Roxboro Road 93 Leenaun 1 Shanagolden 1 Letterfrack 1 Tournafulla 1 Lough George 3 Loughrea 30 Population statistics do not correlate to Garda Ma´m1sub-district boundaries. Accordingly, the infor- Monivea 2 mation requested cannot be supplied to the Moycullen 1 Deputy. New Inn 1 Oranmore 5 Garda Vehicles. Portumna 8 294. Mr. J. O’Keeffe asked the Minister for Recess 1 Justice, Equality and Law Reform the maximum Ros Muc 1 speed of the slowest vehicle in each of the Garda Roundstone 1 divisional road traffic units; the age, make and model of each vehicle concerned; and if he will Salthill 41 make a statement on the matter. [24206/04] Shanaglish 1 Spiddle 3 Minister for Justice, Equality and Law Reform Tynagh 1 (Mr. McDowell): I have been informed by the Garda authorities responsible for the detailed Uachtar Ard 7 allocation of resources, including personnel, that Woodford 1 the information requested by the Deputy is as follows: 277 Questions— 12 October 2004. Written Answers 278

Division Make and Model Max. Speed* Age in Years

Carlow/Kildare Isuzu Trooper 3.0TD 99.4 M.P.H 0.46 Cavan/Monaghan Nissan Terrano 2.7TD 94 M.P.H 2.40 Cork City Isuzu Trooper 3.0TD 99.4 M.P.H 0.35 Cork North Toyota Landcruiser 3.0TD 103 M.P.H 1.69 Cork West Isuzu Trooper 3.0TD 99.4 M.P.H 0.42 Donegal Nissan Terrano 2.7TD 94 M.P.H 0.24 DMR East Nissan Terrano 2.7TD 94 M.P.H 2.63 DMR N.C. Nissan Terrano 2.7TD 94 M.P.H 2.64 DMR North Nissan Terrano 2.7TD 94 M.P.H 2.73 DMR South Nissan Terrano 2.7TD 94 M.P.H 3.04 DMR S.C. Cherokee Jeep 2.5TD 94 M.P.H 6.99 DMR Traffic Isuzu Trooper 3.0 TD 99.4 M.P.H 1.01 DMR West Toyota Landcruiser 3.0TD 103 M.P.H 1.66 Galway West Nissan Terrano 2.7TD 94 M.P.H 3.13 Kerry Nissan Terrano 2.7TD 94 M.P.H 2.67 Louth/Meath Nissan Terrano 2.7TD 94 M.P.H 2.68 Laois/Offaly Isuzu Trooper 3.0TD 99.4 M.P.H 0.49 Longford/ Westmeath Nissan Terrano 2.7TD 94 M.P.H 0.56 Limerick Nissan Terrano 2.7TD 94 M.P.H 2.69 Mayo Nissan Terrano 2.7TD 94 M.P.H 0.23 Roscommon/ Galway East Nissan Terrano 2.7TD 94 M.P.H 2.65 Sligo/Leitrim Nissan Terrano 2.7TD 94 M.P.H 2.64 Tipperary Nissan Terrano 2.7TD 94 M.P.H 2.63 Waterford/Kilkenny Nissan Terrano 2.7TD 94 M.P.H 2.29 Wexford Nissan Terrano 2.7TD 94 M.P.H 3.14 * Max. speed is manufacturer’s figure.

While some divisions have vehicles which are Following the decision of the Supreme Court slower than these listed here, they are not traffic in the cases of L and O, the separate procedure patrol vehicles and are only used as aides to which then existed to enable persons to apply to traffic corps for tasks such as ferrying cones or reside in the State on the sole basis of parentage towing mobile weighbridges. The age of vehicles of an Irish born child ended on 19 February 2003. is not calculated by reference to the date of first The Government decided that the separate pro- registration but rather by reference to the date cedure would not apply to cases which were out- when these vehicles first go into service as oper- standing on that date. There are a large number ational vehicles. of such cases outstanding at present, including the case to which the Deputy refers. Residency Permits. Since the person in question does not have an alternative legal basis for remaining in this juris- 295. Mr. Carey asked the Minister for Justice, diction, the issue of permission to remain will be Equality and Law Reform when a decision is considered but only in the context of a ministerial likely on an application by a person (details proposal to deport him. Such a notification pro- supplied) in Dublin 15 to remain in the State on posing deportation from the State issued to the the basis of the parentage of an Irish born child; person in question on 3 March 2004. If, in the and if he will make a statement on the matter. light of representations received and the range of [24207/04] factors set out in section 3(6) of the Immigration Minister for Justice, Equality and Law Reform Act 1999, the Minister decides not to make a (Mr. McDowell): The wife of the person con- deportation order, he will be given leave to cerned arrived in the State on 27 December 2000 remain on a humanitarian basis. As a result of the and made an asylum application. She gave birth large number of such cases on hand, I am unable on 25 March 2001, withdrew her asylum appli- to say at this stage when the file will be examined. cation and applied for residency on the basis of parentage of that Irish born child. This was Youth Diversion Projects. granted on 7 March 2002. Her husband, the per- 296. Ms Enright asked the Minister for Justice, son referred to by the Deputy, arrived in the Equality and Law Reform if his Department State on 8 June 2002 and subsequently applied operates or funds school completion programmes for residency in the State on the basis of parent- or other programmes that may have an emphasis age of the Irish born child. on keeping children in school; if such pro- 279 Questions— 12 October 2004. Written Answers 280

[Ms Enright.] Minister for Justice, Equality and Law Reform grammes exist, the way in which a school may (Mr. McDowell): Entry to the Garda Sı´ocha´na is apply for such funding; and if he will make a governed by the Garda Sı´ocha´na (Admissions statement on the matter. [24213/04] and Appointments) Regulations 1988, as amended. There are currently no arrangements in 337. Ms Enright asked the Minister for Justice, place to allow transfers to the Garda Sı´ocha´na Equality and Law Reform if his Department from the London Metropolitan Police. offers assistance, financial or otherwise, to schools or to other groups or agencies in an Liquor Licensing Laws. attempt to improve the school completion rate for primary and secondary school children; and if 299. Mr. Carey asked the Minister for Justice, he will make a statement on the matter. Equality and Law Reform if he plans to give [24511/04] effect to the provision in the Intoxicating Liquor Act 2001 whereby retailers of alcoholic products Minister for Justice, Equality and Law Reform can be compelled to label the drink container and (Mr. McDowell): I propose to take Questions any bag used to carry such containers with the Nos. 296 and 337 together. name and address of the retailer; and if he will My Department currently funds 64 Garda make a statement on the matter. [24218/04] youth diversion projects in a multi-agency approach to diverting young people from becom- Minister for Justice, Equality and Law Reform ing involved, or more involved, in anti-social or (Mr. McDowell): Section 17 of the Intoxicating criminal activity. Some of the activities and sup- Liquor Act 2000 provided that a label containing port provided within the projects facilitate the the name and address of premises to which an young people with completion of their school on-licence or off-licence was attached be clearly homework and generally encourage them to com- indicated on a label affixed to any container in plete their secondary education. The budgetary which intoxicating liquor was sold for consump- provision for the projects as a whole for 2004 is tion off the premises. This section was not com- \5.318 million. Areas and individuals are selected menced and was repealed in the Intoxicating Liquor Act 2003. Section 22 of the Intoxicating for Garda youth diversion projects according to Liquor Act 2003 contains provision for the mak- internationally recognised factors for offending ing of regulations specifying particulars to be which include reference to socio-economic status affixed to containers in which intoxicating liquor and educational attainment. is sold for consumption off the premises which are adequate to enable the licensee and the Citizenship Applications. licensed premises concerned to be identified. 297. Mr. Hogan asked the Minister for Justice, The main reason for seeking to implement a Equality and Law Reform when a decision will labelling requirement by means of regulations is be made on an application for residence here by that this method permits notification of the Euro- a person (details supplied) in County Cavan; and pean Commission in accordance with the EU if he will make a statement on the matter. technical standards (transparency) directives with [24216/04] a view to avoiding any later challenge to the legis- lation on the grounds that proper procedures had Minister for Justice, Equality and Law Reform not been followed. I have recognised from the (Mr. McDowell): I have assumed, because of the outset that while the labelling of containers is an reference number provided by the Deputy, that attractive idea and could prove helpful in combat- he is referring to an application for naturalisation ing under age consumption of alcohol, there were by the person concerned which was received in significant challenges to be overcome in order to the citizenship section of my Department on 17 render it effective in practice. These challenges May 2004. The average processing time for such arise under two headings. applications is currently 24 months. Conse- First, practical difficulties will be encountered quently, it is anticipated that the application where several individual containers are packaged should be finalised in or around May 2006. I will together for sale, for example, a six-pack of inform the Deputy and the applicant as soon as I bottles, a plastic-wrapped tray of cans or a nailed have reached a decision in this case. wooden box containing bottles of wine. This raises the question of whether the label should Garda Recruitment. be attached at the point of sale or beforehand. 298. Mr. Haughey asked the Minister for Attaching labels beforehand is likely to increase Justice, Equality and Law Reform if there are distribution costs and create logistical difficulties arrangements in place to allow an Irish citizen for importers and distributors. In the case of who is serving in the London Metropolitan Pol- imports from EU countries, such additional label- ice, who has leaving certificate Irish, and who pre- ling requirements could be regarded as infringing viously applied to the Garda Sı´ocha´na to transfer internal market rules. In addition, at the practical now to the force; and if he will make a statement level, there is the possibility of removing the on the matter. [24217/04] labels or making them illegible after sale. The 281 Questions— 12 October 2004. Written Answers 282 transfer of the contents to another unmarked number of psychologists assigned specifically to container cannot be overlooked either. work on Parole Board sentence review require- Second, from an enforcement perspective it is ments; and the name of the prisons to which each clear that possession by an under age person of a is assigned. [24256/04] labelled alcohol container does not in itself con- 302. Mr. J. Higgins asked the Minister for stitute proof that the product had been illegally Justice, Equality and Law Reform the number of supplied to that person by the licensee whose par- vacant posts for psychologists on the Sex ticulars appear on the container. The container Offenders Treatment Programme. [24257/04] may have been sold to a person over the age of 18 in good faith by the licensee before being 303. Mr. J. Higgins asked the Minister for passed on to the under age person. It may have Justice, Equality and Law Reform the number of passed through several hands before finding its vacant posts for psychologists on Parole Board way into the hands of the under age person. sentence review requirements. [24258/04] The latter issue, that is, the evidential value of 304. Mr. J. Higgins asked the Minister for a labelled container, was raised during consul- Justice, Equality and Law Reform the number of tations on implementation of section 22 of the probation officers assigned specifically to work 2003 Act and my Department subsequently on Parole Board sentence review require- raised the matter with the office of the Attorney ments. [24259/04] General. The AG’s office has expressed doubts about the evidential value of possession of a lab- 305. Mr. J. Higgins asked the Minister for elled container and doubt is, therefore, cast on Justice, Equality and Law Reform the number of the utility of any regulations that might be made vacant posts for probation officers on Parole under section 22 of the 2003 Act. Board sentence review requirements. [24260/04] One possibility that could be considered in the 306. Mr. J. Higgins asked the Minister for context of future legislation would be a presump- Justice, Equality and Law Reform the grade and tion that any intoxicating liquor found in pos- number of administrative and clerical staff session of an under age person had been pur- assigned specifically to work on Parole Board chased by that person from the licensee identified sentence review requirements. [24261/04] on the container until the contrary was proved. However, the Attorney General’s office has also 307. Mr. J. Higgins asked the Minister for advised that such a proposal would raise serious Justice, Equality and Law Reform the number of constitutional issues and would run the significant vacant posts for administrative and clerical staff risk of being found inconsistent with Article 38 of on Parole Board sentence review require- the Constitution. ments. [24262/04] For these reasons, I do not intend to make 308. Mr. J. Higgins asked the Minister for regulations under section 22 of the 2003 Act at Justice, Equality and Law Reform if his attention this time. However, I will give further consider- has been drawn to the fact that the Parole Board ation to this issue in the context of the forth- has encountered difficulties in carrying out its coming Bill to codify the licensing laws. remit by virtue of the non-availability of pro- fessional and therapeutic service reports. Visa Applications. [24263/04] 300. Mr. Durkan asked the Minister for Justice, 309. Mr. J. Higgins asked the Minister for Equality and Law Reform if and when a holiday Justice, Equality and Law Reform if he has satis- visa will issue in the case of a person (details fied himself that the Parole Board has the neces- supplied); and if he will make a statement on the sary resources including professional, therapeutic, matter. [24249/04] administrative and clerical back-up to fulfil its Minister for Justice, Equality and Law Reform remit without hindrance or delay; and if he will (Mr. McDowell): My Department has no record make a statement on the matter. [24264/04] of a visa application from the person named in Minister for Justice, Equality and Law Reform the details supplied by the Deputy. The Deputy (Mr. McDowell): I propose to take Questions should forward the reference number of the visa Nos. 301 to 309, inclusive, together. application in question to the immigration div- By way of background, I wish to inform the ision of my Department in order to enable a House that the parole board, which replaced the check on the status of the application in question. sentence review group, was established on an administrative basis in April, 2001. The board’s Prison Service. principal function is to advise me on the admin- 301. Mr. J. Higgins asked the Minister for istration of long term prison sentences. Justice, Equality and Law Reform the number of The Parole Board reviews the cases of pris- psychologists assigned specifically to work on the oners sentenced to determinate sentences of eight sex offenders treatment programme; and the years or more. Prisoners serving sentences for number of prisons to which each is allocated; the certain offences, such as the murder of a member 283 Questions— 12 October 2004. Written Answers 284

[Mr. McDowell.] assigned for the sole purpose of preparing such of either the Garda Sı´ocha´na or the Prison Ser- reports. vice in the course of their duty, are excluded from Probation and welfare officers in prisons pre- the process. The board, by way of recommend- pare detailed reports on each person being con- ation to me, advises of the prisoner’s progress to sidered by the Parole Board. They are often date, the degree to which the prisoner has assisted by their colleagues in the community engaged with the various therapeutic services and throughout the State who provide them with how best to proceed with the future admin- home circumstances reports, when required, istration of the sentence. I consider all recom- which complement the report on the individual mendations put before me by the Parole Board prisoner. The probation and welfare service has before making the final decision regarding sen- an ongoing programme of recruitment in order to tence management. maintain its workforce. At present, there is one There are currently three full time administra- vacancy in its cohort for prisons and it is expected tive and clerical staff specifically assigned to the that this will be filled. Parole Board’s office at the following grades: one The Parole Board has been facilitated, when- assistant principal officer; one higher executive ever it has requested, with reports from the thera- officer; and one clerical officer. There are no peutic services in the prisons. Given the rise in administrative or clerical vacancies at the Parole the number of prisoners serving longer sentences Board’s office and the staffing sanctioned is con- which bring them within the ambit of the Parole sidered sufficient. The Parole Board process also Board, it is the case that delays occur from time necessitates administrative overheads for the to time, especially when a number of reports Irish Prison Service and my own Department as become due within a short period. However, I well as for other agencies from whom reports are have been assured that every effort is being made requested. These overheads are met from the by the various bodies concerned to provide existing resources of these organisations. reports at the earliest possible opportunity. As There is currently one psychologist assigned to such, I am satisfied that the Parole Board has the sex offender programme operating at Arbour adequate resources to carry out its functions satis- Hill Prison. This is the only sex offender pro- factorily. gramme currently operating within the Irish Prison Service. The sex offender programme is Garda Strength. run jointly with the probation and welfare service 310. Ms Enright asked the Minister for Justice, and two probation and welfare officers are also Equality and Law Reform the output capacity per assigned to the programme. annum at the Garda Training College in Temple- Psychologists are also currently assigned to the more; and if he will make a statement on the following institutions: Mountjoy male prison; matter. [24274/04] Wheatfield prison; Midlands prison; and Cork prison. No psychologists are assigned solely to Minister for Justice, Equality and Law Reform work on reports for the Parole Board. However, (Mr. McDowell): I have been informed by the as requests for such reports are made to these Garda authorities that the Garda college has a institutions, they are completed as part of the current developed capacity to induct a maximum range of tasks undertaken by psychologists. of four intakes of approximately 160 new trainees There are currently seven psychologists per annum which provides for an output of 640 employed in the Irish Prison Service, one head of newly attested members per annum at the end of service, two senior psychologists and four psy- phase 3 training. chologists. At present, there are 12 vacancies for This output is based on the principle that the psychologist posts across the Prison Service. It is required levels of continuing professional hoped to fill a significant number of these posts development courses, specialist training, supervis- over the coming months, from a panel formed fol- ory-management courses, international courses lowing a recruitment competition held in June etc., are also delivered at the college. 2004. With the increased resources anticipated, 311. Ms Enright asked the Minister for Justice, the psychology service will be better placed to Equality and Law Reform the number of gardaı´ meet the complex and diverse needs of the Irish who have graduated from the Garda Training Prison Service for psychological services, includ- College at Templemore each year since 1997; and ing the provision of reports to the Parole if he will make a statement on the matter. Board. [24276/04] The work of preparing probation and welfare service reports for the Parole Board is, as was the Minister for Justice, Equality and Law Reform case with its predecessor the sentence review (Mr. McDowell): I have been informed by the group, assigned to the 37 probation and welfare Garda authorities who are responsible for the officers who work in the various prison insti- detailed allocation of resources including person- tutions in the State. No dedicated staff are nel that the number of gardaı´ who have gradu- 285 Questions— 12 October 2004. Written Answers 286 ated from the Garda college each year from 1997, Garda Deployment. to 11 October 2004, was as set out as follows: 313. Ms Enright asked the Minister for Justice, Year Number Equality and Law Reform the number of gardaı´ in the Laois Offaly division who have been 1997 326 deployed to duties outside the division, including 1998 470 to the Garda Training College in Templemore 1999 589 each year since 1997; and if each post was filled 2000 494 by another member during that time; and if he 2001 531 will make a statement on the matter. [24279/04] 2002 485 Minister for Justice, Equality and Law Reform 2003 475 (Mr. McDowell): I have been informed by the 2004 363 Garda authorities who are responsible for the detailed allocation of resources including person- Total 3,733 nel that it is not possible to provide this infor- mation in the detail requested. However, I am 312. Ms Enright asked the Minister for Justice, informed that it is not normal practice to replace Equality and Law Reform the numbers employed members deployed temporarily for short periods in each Garda division around the country; and if to other centres. he will make a statement on the matter. 314. Ms Enright asked the Minister for Justice, [24278/04] Equality and Law Reform the number of gardaı´ Minister for Justice, Equality and Law Reform who have retired or been transferred from the (Mr. McDowell): I have been informed by the Laois-Offaly division each year since 1997 and Garda authorities who are responsible for the the number of those who have been permanently detailed allocation of resources including person- replaced; and if he will make a statement on the nel that the personnel strength (all ranks) of each matter. [24281/04] Garda division as at 5 October 2004 is as set out 315. Ms Enright asked the Minister for Justice, as follows: Equality and Law Reform the number of current vacancies in the Laois-Offaly Garda division in Division 2004 the form of a breakdown in all districts; and if he Carlow/Kildare 325 will make a statement on the matter. [24283/04] Cavan/Monaghan 375 316. Ms Enright asked the Minister for Justice, Clare 260 Equality and Law Reform the number of gardaı´ Cork City 618 in the Laois-Offaly division who are due to retire Cork North 248 within the next three years; and if he will make a Cork West 250 statement on the matter. [24285/04] D.M.R. East 535 317. Ms Enright asked the Minister for Justice, D.M.R. N.C 639 Equality and Law Reform the number of gardaı´ D.M.R. North 585 assigned to the Laois-Offaly division for each D.M.R. S.C 788 year since 1997; and if he will make a statement D.M.R. South 548 on the matter. [24287/04] D.M.R. West 643 Donegal 418 318. Ms Enright asked the Minister for Justice, Galway West 359 Equality and Law Reform the number of gardaı´ Kerry 265 and the ranks of such gardaı´ assigned to the Laois/Offaly 277 Laois-Offaly division; the way in which these Limerick 479 gardaı´ are divided among the various districts Longford/Westmeath 247 within the division; and if he will make a state- Louth/Meath 535 ment on the matter. [24288/04] Mayo 268 Roscommon/Galway East 247 Minister for Justice, Equality and Law Reform Sligo/Leitrim 268 (Mr. McDowell): I propose to take Questions Tipperary 314 Nos. 314 to 318, inclusive, together. Waterford/Kilkenny 349 I have been informed by the Garda authorities Wexford/Wicklow 310 who are responsible for the detailed allocation of resources, including personnel, that the personnel strength, all ranks, of the Laois-Offaly division as County boundaries do not correlate to Garda div- at 1 October each year since 1997 was as set out isional boundaries. The figure for the DMR south as follows: central includes command and control. 287 Questions— 12 October 2004. Written Answers 288

[Mr. McDowell.] tion with the allocation of newly attested gardaı´ and newly promoted personnel. Year Number Garda management will continue to appraise the policing and administrative strategy employed 1997 279 in the Laois-Offaly division with a view to ensur- 1998 283 ing an effective Garda service is maintained. The 1999 275 situation will be kept under review and when 2000 278 additional personnel next becomes available the 2001 281 needs of the Laois-Offaly Division will be fully considered within the overall context of the needs 2002 279 of Garda divisions throughout the country. 2003 274 I have been further informed that of the per- 2004 277 sonnel currently attached to the Laois-Offaly div- ision (all ranks), the following numbers must Every effort is made to fill vacancies that arise as retire on compulsory grounds, maximum age, a result of retirement-promotions etc. in conjunc- over the next three years.

Period Number

08/10/04 — 31/10/05 2 01/11/05 — 31/10/06 5 01/11/06 — 31/10/07 4

The figures outlined are based on the rank cur- The number and rank of gardaı´ allocated to rently held by the members assigned to the Laois- each district within the Laois-Offaly division as at Offaly division. 1 October, 2004 was as follows:

District

Rank Port Laoise Abbeyleix Birr Tullamore

C/Superintendent 1 Superintendent 1 1 1 1 Inspector 3 1 Sergeant 21 6 7 10 Garda 98 32 36 58

Total 124 39 44 70

With respect to the Deputy’s question regarding Crime Levels. the number of gardaı´ who have retired or have been transferred from the Laois/Offaly division, I 320. Ms Enright asked the Minister for Justice, have been informed by the Garda authorities that Equality and Law Reform the most recently this information is not readily available and can available crime figures and the available figures only be obtained by the disproportionate expen- for each year since 1997 for the Laois-Offaly diture of Garda time and resources relative to the Garda division, represented as a breakdown for information sought. each district in the division; and if he will make a statement on the matter. [24290/04] 319. Ms Enright asked the Minister for Justice, Equality and Law Reform the number of gardaı´ Minister for Justice, Equality and Law Reform from the Laois-Offaly division who are assigned (Mr. McDowell): The headline offence figures for to work at the Midlands Prison, Portlaoise and the Laois-Offaly Garda division from 2000 to Portlaoise Prison; and if he will make a statement 2003 are shown on the following table. The fig- on the matter. [24289/04] ures for 2003 are provisional and are, therefore, subject to change. Comparable statistics are not Minister for Justice, Equality and Law Reform available for the years prior to 2000. I regret it (Mr. McDowell): I have been informed by the has not possible to get a breakdown of the district Garda authorities that for security and oper- figures in the time available but I will contact the ational reasons it is not Garda policy to disclose Deputy again as soon as this information is to the number of gardaı´ deployed at such locations. hand. 289 Questions— 12 October 2004. Written Answers 290

Laois-Offaly Garda Division Headline Offences.

Group 1 Homicide Group 2 Assaults Group 3 Sexual Group 4 Arson Group 5 Drugs offences

Year Rec Det Rec Det Rec Det Rec Det Rec Det

2000 3 3 45 42 27 24 17 5 39 39 2001 1 1 93 80 85 72 13 7 71 71 2002 0 0 151 131 71 49 13 7 71 69 2003 2 1 104 90 50 19 26 14 95 92

Group 6 Thefts Group 7 Burglaries Group 8 Robberies Group 9 Frauds Group 10 Other

Year Rec Det Rec Det Rec Det Rec Det Rec Det

2000 593 299 598 141 18 10 79 70 12 11 2001 666 309 620 163 15 6 151 136 16 13 2002 1,182 494 716 153 32 15 137 117 27 16 2003 1,358 537 641 118 19 8 78 66 29 25

Equality and Law Reform if he will report on the 321. Mr. Crowe asked the Minister for Justice, delay in upgrading the phone system at Tallaght Equality and Law Reform if he will report on the Garda station; when work will begin on this long way in which public order crimes are recorded by the Garda authorities. [24324/04] signalled project; and the reason, in detail, for the long delay. [24329/04] Minister for Justice, Equality and Law Reform Minister for Justice, Equality and Law Reform (Mr. McDowell): I have been informed by the (Mr. McDowell): I am advised by the Garda auth- Garda authorities that statistics on public order orities that the current telephone system in offences are compiled in accordance with the gen- Tallaght Garda station was installed as part of the eral crime counting rules which may be found on Dublin metropolitan region microwave network page 142 of the Garda annual report, 2002. They commissioned in 1998-99 and that there are cur- are generated by the PULSE computer system rently no plans to replace or upgrade the system and are presented as described on page 140 of in Tallaght. the report. 322. Mr. Crowe asked the Minister for Justice, Garda Operations. Equality and Law Reform if his attention has 324. Mr. R. Bruton asked the Minister for been drawn to the vandalism on cars in an area Justice, Equality and Law Reform the extent to of Tallaght on 28 September 2004; if a ten year which the Garda have adopted bicycle mounted old person was responsible; and the steps or policing; if pilot schemes have been shown to measures being taken by the Garda authorities to reveal effective results; if he has plans to extend prevent the recurrence of this type of vandalism such methods of policing throughout the Dublin in the area. [24326/04] metropolitan area; and if he will make a state- ment on the matter. [24352/04] Minister for Justice, Equality and Law Reform (Mr. McDowell): I am informed by the Garda Minister for Justice, Equality and Law Reform authorities that in the early hours of 29 Sep- (Mr. McDowell): I have been informed by the tember, 2004, three youths armed with a golf club Garda authorities that the Garda mountain bike damaged windows of parked cars in an estate in unit was introduced on a pilot basis, on 5 June Tallaght. To date, one youth, aged 10 years, has 2001, in the Tallaght and Raheny Garda districts been arrested and is being dealt with under the of the Dublin metropolitan region, DMR. In Feb- juvenile diversion programme. Inquiries are ruary 2002 a review conducted by the Garda continuing. authorities found that the pilot project proved to I have been further informed by the Garda be a very successful policing initiative. authorities that both mobile and foot patrols have Since that time the Garda mountain bike unit been increased in order to eliminate this type of has been expanded and units are now established vandalism. at Pearse Street, Kevin Street, Store Street, Fitz- gibbon Street, Tallaght, Raheny, Blanchards- Garda Stations. town, Blackrock, Ballymun, Ballyfermot, Bride- 323. Mr. Crowe asked the Minister for Justice, well, Bray, Clondalkin, Coolock, Du´ n Laoghaire, 291 Questions— 12 October 2004. Written Answers 292

[Mr. McDowell.] would mean ending up with an unsatisfactory Ronanstown and Finglas in the DMR and in a conference or no conference. Many such young- number of Garda districts outside the DMR. sters would have a caring relative that could take I am also informed that the Garda Com- the place of the parents at a conference. It would missioner has approved the further expansion of be inappropriate to coerce participants and their the Garda mountain bike unit, which will take families into restorative events. The ethos of vol- place early in 2005 with the establishment of new untary engagement with the services provided by units in a number of Garda districts in the DMR Garda JLOs is paramount in the delivery of the and other regions. programme. In this way young persons can and do take full responsibility for their criminal Juvenile Diversion Programme. behaviour. They can work together with parents, or another supportive family member or relative, 325. Mr. R. Bruton asked the Minister for children and members of the community. The Justice, Equality and Law Reform if he has satis- liaison officer can assist in the provision of a plan fied himself with the extent to which parents sup- of action to divert young people from further port efforts by the Garda under juvenile diversion offending. programmes; his views on whether there is a need to strengthen the law to force parents to become To facilitate these innovative developments more actively involved in juvenile diversion, in Garda JLOs are receiving training to provide cases in which parental support to deal with these them with the extra skills required to deal suc- issues is not forthcoming; and if he will make a cessfully with the programme. To date all of the statement on the matter. [24353/04] 94 JLOs have received a minimum of three days training in the principles of restorative justice and Minister for Justice, Equality and Law Reform over half have received 80 hours mediation train- (Mr. McDowell): The Garda juvenile diversion ing delivered over a three month period. It is programme has proven to be highly successful in expected that the remaining officers will be diverting young people away from crime by offer- trained over the next year. ing guidance and support to juveniles and their families. The first commencement order under Criminal Prosecutions. the Children Act 2001 was made in May 2002 and 326. Mr. Gregory asked the Minister for included provisions placing the programme on a Justice, Equality and Law Reform if arrests have statutory basis. The Act introduced the concept been made of the persons responsible for organis- of restorative justice to the programme. ing and profiting from the women concerned in The programme is administered under the the context of the street prostitution problem at direction of a Garda superintendent, known as Arbour Hill and Montpelier Hill, Dublin 7; if the director of the programme, and by 94 juvenile there have been convictions; and if he will make liaison officers. The programme has been in exist- a statement on the matter. [24400/04] ence for the past 40 years. It provides that, in cer- tain circumstances, a juvenile under 18 years of Minister for Justice, Equality and Law Reform age who freely accepts responsibility for a crimi- (Mr. McDowell): I am informed by the Garda nal incident may be cautioned as an alternative authorities that there have been no arrests of per- to prosecution. In the more serious cases juven- sons organising and profiting from prostitution in iles are placed under the supervision of Garda the area. Consequently, there have been no con- juvenile liaison officers. They are specially victions. trained members of the Garda Sı´ocha´na respon- sible for administering the programme at the Work Permits. local level. 327. Mr. O’Dowd asked the Minister for In some cases, a family conference will be con- Justice, Equality and Law Reform if a person vened in respect of the young person who has (details supplied) in County Louth is eligible to admitted to his or her criminal behaviour. The work in the State. [24401/04] ideal family conference would include both parents in attendance fully co-operating with the Minister for Justice, Equality and Law Reform efforts to divert their child successfully from (Mr. McDowell): The right to work for asylum further criminal activity. Unfortunately, this is seekers is based on the Government’s decision of not always possible. In some cases the child may 26 July 1999. It allows asylum seekers to seek be living with a relative other than their parents. employment once they had applied on or before Consequently, section 32 of the Act provides that that date, had been 12 months without a final one of the following persons must attend a con- determination of his or her asylum application ference — a parent or guardian, a member of the and had been compliant with their obligations in child’s family or relatives of the child. Making it the asylum process. The person concerned has obligatory for a parent to attend could deprive not been entitled to seek or take up employment some youngsters suitable for diversion from ben- in the State since the refusal of her asylum appli- efiting from a family conference, as to do so cation on 27 December 2001. 293 Questions— 12 October 2004. Written Answers 294

Drug Courts. such cases on hand and I am unable to say at this stage when the file will be examined. 328. Mr. Crowe asked the Minister for Justice, Equality and Law Reform if he proposes or had Closed Circuit Television Systems. discussions on the expansion of the pilot drug court concept to cover the Tallaght area. 330. Mr. Curran asked the Minister for Justice, [24402/04] Equality and Law Reform when technical specifi- cations and a code of practice will be made avail- Minister for Justice, Equality and Law Reform able for schemes, in view of the fact that a pros- (Mr. McDowell): On 9 January 2001 a pilot pro- pectus for community based closed circuit gramme was launched in the Dublin District television systems has been available for a Court and the north inner city was chosen as the number of years. [24417/04] location. The programme marked a major policy initiative in the criminal justice system. It was Minister for Justice, Equality and Law Reform designed as an alternative measure for dealing (Mr. McDowell): My Department drew up the with less serious and non-violent drug offenders. code of practice for the operation of the com- In July 2002, the project was evaluated by expert munity based CCTV scheme in co-operation with consultants at the end of the 18-month period. the Office of the Data Protection Commissioner. They recommended that the project be extended Detailed technical specifications were drawn up and the catchment area be widened to include the by the Garda Sı´ocha´na and are my Department’s Dublin 7 area. officials are assessing them. I welcomed the recommendations contained in I expect my Department to finalise the code the report and supported the extension of the of practice and the technical specifications in the drug court to the full Dublin 7 catchment area. coming weeks. At that stage copies of same will The Courts Service will evaluate its operation in issue to all communities and organisations who the extended area shortly. An informed decision have expressed an interest in the scheme. Any can then be taken on a further expansion. applications subsequently received will be evalu- ated and processed in accordance with the con- Asylum Applications. ditions set out in the prospectus. 329. Mr. O’Dowd asked the Minister for Citizenship Applications. Justice, Equality and Law Reform if persons (details supplied) in County Louth will be 331. Mr. Curran asked the Minister for Justice, granted permission to remain in the State. Equality and Law Reform when a decision will [24403/04] be made regarding an application for naturalis- ation by a person (details supplied) in Dublin Minister for Justice, Equality and Law Reform 22. [24418/04] (Mr. McDowell): The persons concerned arrived in the State and made an asylum application on Minister for Justice, Equality and Law Reform 27 October 2000. Their applications were refused (Mr. McDowell): The person in question arrived on appeal on 11 April 2002. On the same day an in the State and made dual asylum applications application for residency on the basis of parent- under separate names in September 1999. He age of an Irish child born in February 2002 was withdrew one of these asylum applications in received. August 2000. His asylum application under his Following the decision of the Supreme Court true name was refused on 8 February 2001. He in the cases of L & O, the separate procedure subsequently applied for residency on the basis of that then existed to enable persons to apply to parentage of a child born in Ireland in June reside in the State on the sole basis of parentage 2002. of an Irish born child ended on 19 February 2003. Following the decision of the Supreme Court The Government decided that the separate pro- in the cases of L & O, the separate procedure cedure would not apply to cases which were out- which then existed to enable persons to apply to standing on that date. There are a large number reside in the State on the sole basis of parentage of such cases outstanding at present, including the of an Irish born child ended on 19 February 2003. case to which the Deputy refers. The Government decided that the separate pro- Since the persons in question do not have an cedure would not apply to cases which were out- alternative legal basis for remaining in this juris- standing on that date. There are a large number diction, the issue of permission to remain will be of such cases outstanding at present, including the considered, but only in the context of a minis- case to which the Deputy refers. terial proposal to deport them. If, in the light of Since the person in question does not have an representations received and the range of factors alternative legal basis for remaining in this juris- set out in section 3(6) of the Immigration Act diction, the issue of permission to remain will be 1999, the Minister decides not to make a deport- considered, but only in the context of a minis- ation order, he will be given leave to remain on terial proposal to deport him. If, in the light of a humanitarian basis. There is a large number of representations received and the range of factors 295 Questions— 12 October 2004. Written Answers 296

[Mr. McDowell.] Minister for Justice, Equality and Law Reform set out in section 3(6) of the Immigration Act (Mr. McDowell): The equal opportunities child 1999, the Minister decides not to make a deport- care programme 2000-2006 is a seven-year ation order, he will be given leave to remain on development programme that aims to increase a humanitarian basis. There is a large number of the availability and quality of child care to sup- such cases on hand and I am unable to say at this port parents in employment, education and train- stage when the file will be examined. ing. Its progress was commented upon very favourably by the mid-term evaluators of both 332. Mr. Curran asked the Minister for Justice, the regional operational programmes and the Equality and Law Reform when a decision will National Development Plan 2000-2006. Following be made regarding an application for naturalis- the mid-term review, additional funding of ation by a person (details supplied) in County approximately \12 million was made available for Dublin. [24419/04] the child care measures. It brought the total fund- ing available to \449.3 million. Minister for Justice, Equality and Law Reform There has been considerable demand from (Mr. McDowell): I have been informed by community based groups for capital grant assist- officials in my Department’s citizenship section ance under the programme. Every county has that there is no record of an application for natu- benefited significantly from grants to provide new ralisation or a declaration of post-nuptial citizen- and enhanced community based child care facili- ship having been received from the person ties and to support capital developments in the referred to the Deputy. private child care sector. ADM, on behalf of my 333. Mr. Curran asked the Minister for Justice, Department, is carrying out an extensive review Equality and Law Reform when a decision will of the programme’s capital commitments to date, \ be made regarding an application for naturalis- numbering more than 1,100 and at a value of 114 ation by persons (details supplied) in County million, to ensure that all the grant commitments Dublin. [24420/04] previously entered into will be realised. Projects may be awaiting planning permission or the com- Minister for Justice, Equality and Law Reform pletion of tender processes before reasonable (Mr. McDowell): On 16 October 2002, appli- assurance can be taken that they will proceed. If they do not, the funding set aside can be decom- cations for naturalisation from the persons were mitted and made available to another project. submitted to my Department’s citizenship Expenditure under the programme covers the section. To finalise the processing of the appli- period to the end of 2007 and must take place in cations, some additional documentation was a planned manner as must grant approvals to sought by my officials in November 2003. The ensure that it can meet its financial commitments documentation is still outstanding. It is not poss- at all times. ible to finalise the applications until the requested In addition, my Department recently reviewed documentation is received. the different budget lines under the EOCP, 334. Mr. Kehoe asked the Minister for Justice, including the capital programme, to ensure that Equality and Law Reform when a decision will be the most effective use is made of all remaining made concerning the appeal by a person (details funding in accordance with the programme’s supplied) regarding their refusal to be granted objectives. As a result, the total allocation for the Irish citizenship; and if he will make a statement capital development of child care under the on the matter. [24423/04] present programme is now \157 million. At the same time, an extensive review of child care pro- Minister for Justice, Equality and Law Reform vision has taken place to identify obvious service (Mr. McDowell): I have been informed by gaps, the filling of which will be a priority using \ officials in my Department’s citizenship section the remaining capital funding which exceeds 30 \ that there is no record of an application for natu- million, of which about 25 million is being ear- ralisation or a declaration of post-nuptial citizen- marked for community based not-for-profit child ship having been received from the person care groups which provide services for young chil- referred to by the Deputy. dren to support their parents who may be in employment, education and training. Child Care Programme. I intend to allocate the remaining capital fund- ing under this strand of the Government’s com- 335. Mr. McGuinness asked the Minister for mitment to child care to address the most Justice, Equality and Law Reform the status of immediate service gaps. As a result, all the pro- an application for a capital grant under the equal jects in the pipeline on 30 April 2004 were opportunities child care programme in the name reviewed again by ADM Limited on the basis of of the board of management of a centre (details geographical need, the range of services being supplied) in County Kilkenny; and if a decision offered, value for money and the capacity of the in the case will be expedited. [24474/04] groups to complete a project before the end of 297 Questions— 12 October 2004. Written Answers 298 the programme in 2007. Projects that meet the Minister for Justice, Equality and Law Reform criteria will receive priority funding from the (Mr. McDowell): The Garda authorities are capital funding unallocated at this point. responsible for the detailed allocation of I have made inquiries and I understand that an resources, including personnel. They have application for capital grant assistance was informed me that the personnel strength for all received from this group on 18 June. The appli- ranks in the division as at 5 October, the most cation was forwarded to Area Development recent date for which information is readily avail- Management Limited. The company was engaged able, was 479. by my Department, on my behalf, to carry out a thorough assessment against the programme’s Car Seizures. criteria for grant assistance. Given the relatively 339. Mr. Crowe asked the Minister for Justice, recent submission of the project, it will not be Equality and Law Reform the number of com- considered for funding under the current review pany cars being recovered in the Tallaght area process I have outlined above. It will be con- per day; the method of disposing of these cars; if sidered for funding should additional capital he will report on discussions held with South resources come available. The allocation of any Dublin County Council to identify a suitable site additional funding which might come available to for these vehicles; and when the site will be in me will also be allocated on the basis of local position. [24570/04] need, levels of service being offered and value for Minister for Justice, Equality and Law Reform money. In the interim, it would be premature of (Mr. McDowell): I have been informed by the me to comment further on this capital grant Garda authorities that from 1 January to 8 application. October, a total of 411 vehicles were seized under section 41 of the Road Traffic Acts 1961-1994. I Residency Permits. am further informed that these vehicles are dis- 336. Mr. J. O’Keeffe asked the Minister for posed of in two ways. First, vehicles may be Justice, Equality and Law Reform the policy reclaimed by their owners on production of docu- changes, specific to the registration requirement mentation indicating that the vehicle has the rel- for non-national spouses of Irish citizens, that evant motor tax and insurance and upon payment have taken place since he provided this Deputy of the fees which have occurred since the date of with a response to Question No. 463 of 17 Febru- seizure. Second, vehicles which are not reclaimed ary; and if he will make a statement on the by owners are disposed of by way of scrappage matter. [24475/04] once sanction has been given by the Garda Com- missioner. This can happen with or without Minister for Justice, Equality and Law Reform owner consent. (Mr. McDowell): Prior to 13 February a non- At present, all vehicles that have been seized EEA national woman who was married to an are stored at Tallaght Garda station. I understand Irish citizen was exempt from the requirement to from the Garda authorities that the Garda register. A non-EEA national man who was mar- national traffic bureau is examining the issues ried to an Irish citizen was not exempt from that pertaining to the seizure, storage and disposal of requirement. vehicles seized under section 41. As part of this The Immigration Act 2004 came into operation examination, the Garda national crime preven- on 13 February. Section 9 re-enacted the prior tion office has held preliminary discussions with existing provisions on registration with certain South Dublin County Council. The matter is amendments. One of those amendments was to being pursued by the Garda national traffic remove the exemption from female non-EEA bureau. national spouses of Irish citizens, thus equalising the position of both male and female spouses of Garda Equipment. Irish citizens. There has been no policy change 340. Mr. Crowe asked the Minister for Justice, specific to the registration requirement for non- Equality and Law Reform the approximate time national spouses of Irish citizens since then. it takes for a garda to log on to the PULSE sys- tem; the difficulties being experienced and the Question No. 337 answered with Question discussions he has had with the relevant auth- No. 296. orities to resolve the ongoing problems relating to the system. [24572/04] Garda Deployment. Minister for Justice, Equality and Law Reform 338. Ms O’Sullivan asked the Minister for (Mr. McDowell): I am advised by the Garda auth- Justice, Equality and Law Reform the number of orities that, based on a random survey of users gardaı´ attached to the Limerick division at 1 during the period 4 to 7 October, the average log- October; and if he will make a statement on the in time to PULSE was 22.54 seconds. Given that matter. [24548/04] part of the log-in process involves assigning spec- 299 Questions— 12 October 2004. Written Answers 300

[Mr. McDowell.] parents of Irish-born children whose cases were ific access privileges and retrieving details of outstanding on 19 February 2003. A total of 3,239 recent searches and transactions for each user, such notices have issued to date. Of these, 429 this log-in time is regarded as very satisfactory. cases have been decided to date, resulting in 384 I am also advised that a recent temporary deportation orders being made and 45 decisions deterioration in system response time, which was to grant temporary leave to remain. A break- due to the upgrade of some third party software down by nationality of these decisions is being associated with PULSE, has been addressed and complied and this will be conveyed to the Deputy resolved. The average log-in times cited above within the next week. are an indication of the stabilised response times. It should also be noted that a further 1,670 such cases, approximately, have been processed to the Garda Deployment. point where a decision as to whether to deport or 341. Mr. Crowe asked the Minister for Justice, grant leave to remain can be made. A decision on Equality and Law Reform if he will give a com- these cases will be made in due course. parative analysis of any area in the State with a In general, preparation of these files to the population the size of Tallaght, its districts and point where a decision can be made takes place hinterland to the amount of gardaı´ available. in the order of the date of the birth of the Irish- [24573/04] born child, starting with the most recent cases. However, other factors can influence the selec- Minister for Justice, Equality and Law Reform tion of cases for processing, such as requests for (Mr. McDowell): I have been informed by the urgent consideration, court convictions and Garda authorities that the information requested whether or not the person has responded to the is not readily available and can only be obtained section 3 notice referred to above. by the disproportionate expenditure of Garda In so far as EU citizens are concerned, persons time and resources which could not be justified in from the ten new member states do not require the circumstances. permission to remain in the State since 1 May 2004, where they are exercising their EU treaty Deportation Orders. rights for the purposes of employment or the 342. Aengus O´ Snodaigh asked the Minister for establishment of a business. This also applies to Justice, Equality and Law Reform the number of such persons with Irish-born children, who now section 3 letters which have been issued to the have an alternative basis for residing in the State. parents of Irish citizen children to date; the Applications on hand on 1 May 2004 from such number of these cases which have been processed EU citizens seeking residency solely on the basis to date; the number of deportation orders which of their parentage of an Irish-born child are being have been issued in such cases to date, in total returned advising them that they now have an and by nationality; the number of applications for alternative basis for residing in the State. A total leave to remain which have been granted in such of 206 such notices have issued to date. cases, in total and by nationality; if the appli- cations for leave to remain are being dealt with Register of Electors. on a strictly chronological basis; if not, the reason 343. Mr. P. McGrath asked the Minister for therefore and the criteria being used; and the the Environment, Heritage and Local Govern- number of families which are affected in cases in ment the reason persons who were born in North- which the non-national parent’s or parents’ coun- ern Ireland and who are now resident in the try of origin is one of the ten new EU states. Republic could not vote in the recent referendum [24574/04] to amend the Constitution despite the previous constitutional guarantees that persons from Minister for Justice, Equality and Law Reform Northern Ireland would be considered to be citi- (Mr. McDowell): Following the decision on 23 zens of this State; and the steps he will take to January 2003 of the Supreme Court in the cases remedy this situation in view of the fact that of L & O, the separate procedure which then many such persons were denied their voting existed to enable persons to apply to reside in the rights in the recent referendum. [24039/04] State on the sole basis of parentage of an Irish- born child ended on 19 February 2003. The Minister for the Environment, Heritage and Government decided that this separate procedure Local Government (Mr. Roche): The compilation would not apply to cases which were outstanding of a register of electors is a matter for the appro- on that date. Instead, such cases were now con- priate registration authority in accordance with sidered only in the context of the ministerial pro- electoral law. To vote, a person’s name must be posal to deport under the terms of the Immi- entered on the register for the locality in which gration Act 1999, as amended. the person ordinarily resides. The person’s Notices proposing deportation from the State citizenship determines the polls at which he-she under section 3 of the Immigration Act 1999, as is entitled to vote. Irish citizens may vote at all amended, commenced issuing on 18 July 2003 to polls. British citizens may vote at Da´il, European 301 Questions— 12 October 2004. Written Answers 302 and local elections; other EU citizens may vote at Minister for the Environment, Heritage and European and local elections only; and, non-EU Local Government (Mr. Roche): National waste citizens may vote at local elections only. Electors statistics are collated and published by the EPA. are entered on the register according to their In its national waste database report for 1998, the eligibility to vote based on information furnished EPA estimated that 166,684 tonnes, or 9%, of by them to the registration authority. municipal waste, namely household and commer- Members of the public are encouraged to cial, was recovered for recycling in that year. In examine the draft register of electors, which is its corresponding 2001 report, the EPA estimated published on 1 November annually, to ensure that the recovery rate of municipal waste had that their details are correctly recorded and to increased to 305,554 tonnes, or 13.3%, while in request their registration authority to rectify any the interim national waste database report for errors, including inaccuracies in their voting 2002, published in June 2004, the EPA estimated entitlements. If a person is not included in the that the recovery of municipal waste had further register, he-she may apply for entry in a sup- accelerated to 496,905 tonnes, or 20.7%. plement to the register which is published prior In the three EPA reports mentioned, the recov- to polling day at each election and referendum. ery rate of packaging waste, which is a significant waste stream accounting for over a third of all Housing Aid for the Elderly. municipal waste arisings, was estimated to have 344. Mr. McGuinness asked the Minister for increased from 100,905 tonnes in 1998, or 14.8%, the Environment, Heritage and Local Govern- to 221,266 tonnes, or 27.2%, in 2001, and to have ment the action being taken by his Department further increased to 296,389 tonnes, or 34.9%, in to deal with the funding issue for the housing aid 2002. for the elderly scheme and if cases can be prior- Data in respect of construction and demolition itised based on age and medical circumstances; waste and industrial waste was not included in the and if he will make a statement on the matter. interim waste database report for 2002. However, [24056/04] the recovery of construction and demolition waste was estimated to have increased from Minister of State at the Department of the 1,171,572 tonnes, or 43.3%, in 1998 to 2,364,886 Environment, Heritage and Local Government tonnes, or 65.4%, in 2001. Arising principally (Mr. N. Ahern): The special housing aid for the from revised methodologies in estimating indus- elderly scheme is administered by a task force trial waste generation, the recovery rate of indus- under the aegis of my Department and operated trial waste was estimated to have decreased from by the health boards at local level. It is a matter 26.6% in 1998 to 25.5% in 2001. for each board to determine, within the funds Recycling is a significant element of the available, the priority of individual cases on Government’s overall integrated policy frame- hands. work on waste management, which is based on In recognition of the valuable work being done, the internationally recognised waste hierarchy, funding for the scheme generally has been prioritising waste prevention, minimisation, increased significantly since 1997, with a pro- reuse, recycling, energy recovery and the environ- \ \ vision of 5.08 million in that year raised to 6.35 mentally sound disposal of residual waste which million in 1998 and progressively raised each sub- cannot be recycled or recovered. \ sequent year to a level of 11.536 million in 2003, This significant emphasis on recycling is \ to now stand at 15.6 million for 2004. reflected in the 1998 policy statement Changing \ To date, 1.35 million has been allocated to the Our Ways which provided a national policy South Eastern Health Board for the operation of framework for the adoption and implementation the scheme for 2004, compared to a total allo- by local authorities of strategic waste manage- \ cation of 1.284 million for 2003. A second round ment plans under which specific national objec- allocation for 2004 will shortly be notified to the tives and targets would be achieved. Specifically, boards and this will enable them to continue a Changing Our Ways set ambitious recycling tar- high level of activity under the scheme. gets to be achieved over a 15 year timescale, that is, by 2013, by the recycling of 35% of municipal Recycling Policy. waste and the recycling of at least 50% of con- 345. Mr. R. Bruton asked the Minister for the struction and demolition, or C and D, waste by Environment, Heritage and Local Government 2001, with a progressive increase to at least 85% the aggregate volumes of material recycled from by 2013. the different waste streams, household, industrial Changing Our Ways also set a number of and so on; the progress that has been made; the complementary targets, which are aimed at percentage of material recycled in the past five increasing recycling rates, to be achieved over the years; the present level of recycling compared same timescale, including a diversion of 50% of with the targets that have been set in the past by household waste from landfill, a minimum 65% Governments for recycling; and if he will make a reduction in biodegradable waste consigned to statement on the matter. [24081/04] landfill, and the development of composting and 303 Questions— 12 October 2004. Written Answers 304

[Mr. Roche.] lished earlier this year for public consultation. It other biological treatment facilities capable of is intended that this strategy will be finalised by treating up to 300,000 tonnes of biodegradable the end of the year. It is intended to establish the waste per annum. proposed recycling consultative forum later this The three EPA reports mentioned indicate that year to act as a consultative and advisory body on significant progress has been made in the area of all aspects of recycling, and also to identify recycling generally in the period from 1998 to actions not yet being undertaken that have the 2002, and that we are well on course to achieve potential to further stimulate and encourage recy- the 2013 recycling targets set in 1998. All the indi- ling. An enhanced producer responsibility func- cations are that the recycling position has tion has been established within the EPA to improved even further since 2002 arising from the intensify enforcement of existing producer implementation of the local and regional waste responsibility initiatives on packaging, farm plas- management plans, as follows: the progressive tics and C and D wastes, while further producer roll-out of household segregation and separate responsibility initiatives are proposed for end-of- collection of dry recyclables and organic waste in life vehicles, waste electrical and electronic equip- urban areas, from over 560,000 households, which ment, newsprint and tyres. A public service waste is approximately 42% of all households management programme is currently being pre- nationally, are now served by segregated house- pared aimed at promoting the use of recycled and hold collection of recyclables, while separate col- recyclable materials in public procurement lection of organic wastes is already being pro- contracts. vided to over 52,000 households with plans for 346. Mr. R. Bruton asked the Minister for the further expansion in the near future; the con- Environment, Heritage and Local Government tinued expansion of the bring bank network, the extent to which packaging per unit of product whereby over 1,800 bring banks are currently in has been reduced by manufacturers and retailers place compared to around 1,400 in 2001 and 850 over the past five years; if he has new initiatives in 1998; and, the increased network of civic amen- planned to encourage the reduction of packaging ity recycling centres and waste transfer stations at source; and his plans to generate more accurate being progressively put in place, meaning that statistics in relation to packaging and packaging there are now 61 civic amenity sites or recycling practices. [24082/04] sties around the country with more planned, accepting a wide range of materials for recycling. 347. Mr. R. Bruton asked the Minister for the In addition, new packaging regulations intro- Environment, Heritage and Local Government if duced last year requiring the segregation and he has satisfied himself that the generalised levy recycling of specified back-door packaging waste imposed through the Repak arrangement is effec- by producers have influenced increased recycling tive in encouraging individual firms to reduce, rates in the commercial sector. reuse and recycle; if he has reviewed the effec- The expansion in the waste recycling infra- tiveness of the Repak arrangement in this con- structure outlined has been assisted by significant text; and if he will make a statement on the funding provided to local authorities from the matter. [24083/04] environment fund, which is financed by the pro- ceeds generated by the landfill and plastic bag Minister for the Environment, Heritage and levies. In addition, an intensive waste awareness Local Government (Mr. Roche): I propose to and communications campaign, Race Against take Questions Nos. 346 and 347 together. Waste, was launched in October 2003 aimed at Article 18 of European Parliament and Council heightening awareness among businesses and Directive 1994/62/EC on packaging and packag- householders alike of the need to increase ing waste prohibits member states from impeding recycling rates. This campaign is also being the placing on the market of packaging which funded by the environment fund. satisfies the provisions of the directive, that is, With a view to providing further impetus in this which is in accordance with the essential require- area, and further to specific commitments con- ments specified in annex II of the directive as to tained in the Delivering Change policy statement the composition and the reusable and recoverable published in 2002, the following measures have nature of packaging. also been, or are in the process of being, under- The principle of producer responsibility taken. A market development group was estab- requires waste producers to contribute to the lished earlier this year to assist and facilitate the waste management costs of products which they development of a sustainable recycling sector, have placed on the market at end of life. In sup- and to ensure that end markets exist for the port of this approach, a producer responsibility materials which are collected for recycling. A initiative already operates in Ireland in relation draft national biodegradable waste strategy set- to packaging waste, underpinned by the Waste ting out a range of integrated measures aimed at Management (Packaging) Regulations 2003 providing an effective basis for the achievement which replaced earlier regulations introduced in of the 2013 biodegradable waste target was pub- 1997. Under the regulations, producers are 305 Questions— 12 October 2004. Written Answers 306 required to take steps to recover packaging waste message is being actively promoted in the Race or alternatively to contribute to, and participate Against Waste campaign. in, compliance schemes set up to recover packag- As undertaken in An Agreed Programme for ing waste. Repak Ltd, established by Irish indus- Government and in my Department’s 2002 policy document, Delivering Change, a National Waste try in 1997 to promote, co-ordinate and finance Prevention Programme, co-ordinated by the EPA the collection and recovery of packaging waste and with funding support from the environment with a view to achieving Ireland’s packaging fund, was launched earlier this year. It is intended waste recovery and recycling targets under Euro- that this programme will assist in delivering sub- pean Parliament and Council Directive stantial results on waste prevention and minimis- 1994/62/EC on packaging and packaging waste, is ation across all waste streams, including packag- the only such approved compliance scheme. ing, in the years ahead. While Repak’s primary role is to support the recycling of packaging waste rather than packag- Election Management System. ing minimisation, the fees structure applicable to 348. Mr. Perry asked the Minister for the its members, which is related to the type and Environment, Heritage and Local Government amount of packaging placed on the market, the location at which the electronic voting reflects the polluter pays principle and directly machines are stored: if specific environmental requirements are necessary; the breakdown of the incentivises the minimisation and reuse of pack- costs involved; if maintenance contracts are in aging by producers. place, if so, the persons with whom; the break- National waste statistics are collated and pub- down of any yearly payments; and if he will make lished by the EPA. The statistics do not provide a statement on the matter. [24099/04] any breakdown indicating changes in the amount Minister for the Environment, Heritage and of packaging per unit produced. In its 1998 Local Government (Mr. Roche): Details of the national waste database report, the EPA esti- location by Da´il constituency of voting machines mated aggregate packaging generation at 682,688 in preparation for the June 2004 polls are set out tonnes. In October 2002, the EPA commissioned in the reply to Questions Nos. 794, 824 and 827 a consultancy study, which was jointly funded by of 27 April 2004. My Department is compiling an my Department and Repak, to review its method- up-to-date inventory of voting machines and ology in measuring packaging waste arisings. The other items of hardware, together with details of study, which was undertaken by Perchards, Lon- related storage costs. It is a matter for each returning officer to make don and Ffact Management Consultants, the appropriate arrangements for the storage of all Netherlands, was completed in February 2004. electoral equipment, including electronic voting Reflecting economic growth and increasing con- machines. In this regard, it is understood that sumption patterns in the interim periods con- some returning officers are availing of existing cerned, and allowing for certain adjustments aris- storage space while others have obtained separ- ing from the consultant’s report, packaging ate storage facilities for the electronic equipment. generation is estimated to have increased to My Department has issued guidance to returning 820,320 tonnes in 2001 and to 849,570 tonnes in officers on the conditions necessary for proper 2002. storage of the equipment; the key requirement is that the storage premises are dry and not prone Notwithstanding this upward trend in packag- to condensation. There are no maintenance ing generation, I share the question’s concerns requirements in respect of the equipment with regard to the over-packaging of certain between polls. goods. Excessive packaging is generated through a combination of poor packaging design, inef- Water and Sewerage Schemes. ficient production or manufacturing processes, and unsustainable consumption patterns, for 349. Mr. Perry asked the Minister for the example, by purchasing excessively packaged Environment, Heritage and Local Government products. Taking action to prevent waste being the progress made on the water scheme in Gur- generated in the first place is fundamental to the teen, County Sligo; the funding to be granted; and overriding objective of decoupling economic if he will make a statement on the matter. growth from growth in waste arisings. However, [24104/04] Ireland is particularly disadvantaged in relation Minister for the Environment, Heritage and to the prevention and minimisation of packaging Local Government (Mr. Roche): Sligo County in that approximately 75% of the packaging Council proposes to undertake water mains placed on the market here is imported in associ- rehabilitation in a number of towns and villages, ation with imported goods. including Gurteen, under the water conservation Despite the in-built incentive favouring waste element of my Department’s water services prevention under the existing Repak scheme, investment programme. The council is currently greater efforts still need to be made by producers putting in place water management systems and generally in reducing the amounts of unnecessary active leakage control measures approved by my over-packaging of products placed on the market. Department under the programme at a cost of Consumers also have a critical role in this regard \2.65 million. The council has been advised to by favouring products with less packaging. This submit a prioritised proposal for water mains 307 Questions— 12 October 2004. Written Answers 308

[Mr. Roche.] Local Authority Staff. rehabilitation to my Department for capital fund- 352. Mr. Boyle asked the Minister for the ing when the results of the measures currently Environment, Heritage and Local Government being implemented become available. the officer posts that exist in each local authority that can be described as environmental protec- 350. Mr. Perry asked the Minister for the tion posts. [24113/04] Environment, Heritage and Local Government Minister for the Environment, Heritage and the progress made on the Cummeen drainage and Local Government (Mr. Roche): A range of posts sewerage treatment plant in Strandhill, County at local authority level can be described as Sligo; the funding to be granted; and if he will environmental protection posts. These include make a statement on the matter. [24105/04] director of environmental services, environmen- tal scientist-chemist, environmental enforcement officer, environmental awareness officer, environ- Minister for the Environment, Heritage and mental education officer, litter management Local Government (Mr. Roche): Services for the officer, environmental technician. However, local Cummeen area are included in the Sligo main authority officers across the management, admin- drainage scheme which forms part of my Depart- istrative-clerical, professional, technical and gen- ment’s water services investment programme, eral operative grades also discharge many local 2004 to 2006, as a scheme to commence construc- authority functions relating to environmental pro- tion in 2005. My Department is currently awaiting tection, including the provision of drinking water, the submission of tender documents for the waste water treatment, waste management, and scheme by Sligo County Council. environmental licensing, monitoring and regu- lation. Each city and county manager is respon- 351. Mr. Boyle asked the Minister for the sible for making such staffing and organisational Environment, Heritage and Local Government if arrangements as are necessary for carrying out his Department monitors the use by local auth- the functions of the local authorities for which he- orities of section 18 of the Local Government she is responsible. (Sanitary Services) Act 1948; and if the cost of reconstructing the sewerage piping system is high Water and Sewerage Schemes. and rising in each local authority area. 353. Dr. Upton asked the Minister for the [24112/04] Environment, Heritage and Local Government the number of successful applications under the Minister for the Environment, Heritage and group sewerage scheme for each of the past ten years; the breakdown by county council and by Local Government (Mr. Roche): Routine main- amount paid; and if he will make a statement on tenance and upkeep of waste water collection sys- the matter. [24141/04] tems is a matter for local authorities and specific details of related expenditure for details of Minister for the Environment, Heritage and activity by local authorities under section 18 of Local Government (Mr. Roche): Responsibility the Local Government (Sanitary Services) Act for the administration of the rural water pro- gramme, of which group sewerage scheme grants 1948, are not available in my Department. are an element, including approval and payment However, an ongoing comprehensive study of of individual grants, has been devolved to county all aspects of the greater Dublin drainage system, councils since February 1997. The programme is and a complementary study of the other 170 funded by an annual block grant by my Depart- urban drainage catchments with a population ment to county councils and details of schemes equivalent in excess of 2,000, will help to inform assisted from the block grants are not available in the provision of capital assistance by my Depart- my Department. ment to local authorities under the water services Details of the grants paid by my Department investment programme where major rehabili- in respect group sewerage schemes prior to the tation of waste water collection systems is devolution of the rural water programme are set required. out in the following table.

1994 1995 1996 1997

County No. of \ No. of \ No. of \ No. of \ Council Schemes Schemes Schemes Schemes

Cavan 0 0.00 0 0.00 1 10157.90 0 0.00 Cork 0 0.00 0 0.00 3 44694.78 0 0.00 Kildare 0 0.00 0 0.00 1 4063.16 1 12189.48 Kilkenny 1 2,539.47 0 0.00 1 34,536.88 1 14,221.06 Westmeath 0 0.00 3 18,284.23 0 0.00 0 0.00 Wexford 1 3,809.21 2 38,600.03 0 0.00 1 6,094.74 Wicklow 0 0.00 0 0.00 1 12,189.49 0 0.00 309 Questions— 12 October 2004. Written Answers 310

Fire Safety Personnel. dump; and if his Department has an estimate of the cost of cleaning these dumps. [24160/04] 354. Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government Minister for the Environment, Heritage and the number of fire officers and fire brigades for Local Government (Mr. Roche): The Office of each of the divisions in Dublin city and county, Environmental Enforcement, OEE, has recently Limerick city, Cork city and Galway city. commissioned a study, to be completed in 2005, [24158/04] on unauthorised waste activities. This will include, inter alia, establishing as completely as Minister of State at the Department of the possible the extent of unauthorised activities, Environment, Heritage and Local Government reviewing current procedures and developing (Mr. B. O’Keeffe): At 31 December 2002, the lat- improved guidance for investigation of unauthor- est year for which statistics are available, the ised activities. In the meantime, the OEE and the numbers of fire services personnel in the fire local authorities are taking urgent and coordi- authorities in question were as follows: nated action against identified illegal waste activi- Fire Authority Full-Time Retained ties, and these actions will be further assisted Posts Posts when the results of the study are available. It is not possible to estimate the ultimate reme- Cork City Council 141 1 diation cost of all sites, but it should be noted that Dublin City Council 926 52 the relevant legislation provides for such costs to Galway County Council 39 101 be borne by those responsible, when convicted, Limerick City Council 65 0 in addition to other substantial penalties.

Water and Sewerage Schemes. Dublin City Council provides fire services for Du´ n Laoghaire-Rathdown, Fingal and South 357. Mr. Neville asked the Minister for the Dublin County Councils, while Galway County Environment, Heritage and Local Government if Council provides fire services for Galway City he has plans to increase the grant per house of \ Council. Separate figures are not, therefore, 6,500 for funding of group water schemes. available for those authorities. [24162/04] The breakdown of fire services personnel Minister for the Environment, Heritage and among brigades and divisions is a matter for the Local Government (Mr. Roche): Grants of up to relevant fire authority and my Department has 100% of approved cost are available to privately no function in this matter. sourced group water schemes for the provision of essential water treatment and disinfection facili- Planning Issues. ties. Grants of up to 85% of cost are available for 355. Mr. P. McGrath asked the Minister for the related civil works, such as buildings, reservoirs Environment, Heritage and Local Government and pipelines, for works associated with con- the number of appeals made to An Bord Pleana´la necting a group scheme to a local authority water against council planning decisions for each of the main, and for the provision and upgrading of 32 planning authorities for each of the past five group water schemes generally. All grants are \ years; the number and percentage of planning subject to a maximum eligible cost of 7,618 per appeals granted and refused; the number of times house. While I am keeping the grant levels under An Bord Pleana´la’s inspectors’ recommendations continuing review in consultation with the to grant permission were overruled by the board; national rural water monitoring committee and and the number of times An Bord Pleana´la’s the national federation of group water schemes, inspectors’ recommendations to refuse per- there are no proposals at present for an increase. mission were overruled by the board. [24159/04] Local Authority Housing. Minister for the Environment, Heritage and 358. Mr. Stagg asked the Minister for the Local Government (Mr. Roche): The information Environment, Heritage and Local Government if requested is contained in the annual reports of he has received a request from Naas Town Coun- An Bord Pleana´la, which are available in the cil in respect of persons (details supplied) in Oireachtas Library. The 2003 report of the board County Kildare; and if he will make a statement will be published shortly and a copy will be sent on the matter. [24224/04] to the Deputy. Minister of State at the Department of the Waste Disposal. Environment, Heritage and Local Government (Mr. N. Ahern): My Department has not received 356. Mr. Allen asked the Minister for the an application from Naas Town Council to pur- Environment, Heritage and Local Government chase a house for the family in question. the number of illegal dumps which have been dis- However, I understand that the town council are covered in the entire country; the location of each 311 Questions— 12 October 2004. Written Answers 312

[Mr. N. Ahern.] Planning and Development Act 2000; and if he endeavouring to find suitable accommodation for will make a statement on the matter. [24346/04] the family. Minister for the Environment, Heritage and Archaeological Sites. Local Government (Mr. Roche): The issue of public safety zones at State airports was the sub- 359. Mr. Deasy asked the Minister for the ject of a study by consultants which was submit- Environment, Heritage and Local Government ted to the Department of Transport and my when the report on the Woodstown Viking site Department in September 2003. The recommend- will be completed. [24310/04] ations in the report are currently being con- Minister for the Environment, Heritage and sidered by both Departments with a view to sub- Local Government (Mr. Roche): The Viking site mitting proposals to Government shortly. If at Woodstown has been discovered during the approved by Government, it is envisaged that course of works on the construction of the N25- public safety zones would be implemented Waterford bypass which are being carried out on through local development plans. Use of section behalf of Waterford City Council under the aus- 207 of the Planning and Development Act 2000, pices of the NRA. The nature, extent and archae- which is designed to allow local authorities to ological value of the site is still under examination create public rights of way, is not envisaged for and a variety of tests are being undertaken at the this purpose. site and the adjacent marsh area. In addition to the preliminary archaeological Social and Affordable Housing. excavations completed earlier this year, my 362. Mr. O’Connor asked the Minister for the Department has also given directions, under the Environment, Heritage and Local Government if National Monuments Acts, 1930 to 2004, in he has had contacts with South Dublin County relation to further works of an archaeological nat- Council regarding additional funding for the ure to be undertaken by the road developers in refurbishment of the council’s housing stock; and respect of the marsh area. These are palaeoen- if he will make a statement on the matter. vironmental coring to establish the nature and [24386/04] extent of the sediments in this area; archaeogeo- physical prospecting techniques to establish the Minister of State at the Department of the presence or absence of archaeological features, Environment, Heritage and Local Government artefacts, etc., and specialised test trenching to (Mr. N. Ahern): South Dublin County Council establish the archaeological potential of the area. has included proposals for the refurbishment of My Department understands from Waterford further houses in its housing stock in its action City Council that reports arising from these tests plan on social and affordable housing for the will be available within the next few weeks. period 2004-08. Officials of my Department had recent discussions with the council on its action Water and Sewerage Schemes. plan and it is intended to agree activity levels with 360. Mr. Deasy asked the Minister for the the county council by the end of 2004. Environment, Heritage and Local Government My Department approved county council pro- when the sewage treatment works for Tramore, posals from the county council in July 2003 for County Waterford, will be completed; and if he refurbishment work to houses in Shancastle, will make a statement on the matter. [24311/04] Greenfort and Moorefield estate and Cushlawn Park under my Department’s remedial works Minister for the Environment, Heritage and scheme at an estimated cost of over \8.6 million. Local Government (Mr. Roche): The Tramore sewerage scheme is included in my Department’s Fire Safety. water services investment programme, 2004 to 2006, as a scheme to commence construction in 363. Mr. O’Connor asked the Minister for the 2004. Environment, Heritage and Local Government if Further consideration will be given by my he will confirm his commitment to promoting fire Department to Waterford County Council’s ten- safety; and if he will make a statement on the der report and recommendations in respect of the matter. [24387/04] treatment plant on receipt of the additional infor- Minister for the Environment, Heritage and mation requested from the council last month. Local Government (Mr. Roche): I am deeply committed to fire safety and will continue to pro- State Airports. vide support to local fire authorities to ensure 361. Mr. P. Breen asked the Minister for the that people, property and the environment are Environment, Heritage and Local Government if protected from fire and other emergency situa- he proposes to introduce public safety zones at tions by the provision of quality fire safety and the State airports by means of section 207 of the emergency services. 313 Questions— 12 October 2004. Written Answers 314

Animal Welfare. but not recaptured up to the end of the 2003-04 364. Mr. Gregory asked the Minister for the season: Environment, Heritage and Local Government Number Location the number of prosecutions taken by his Depart- ment for the unlawful capture of hares; the 1 male Maptown, Ballyboughil locations at which the captures took place; the 1 male Reynoldstown, Cloghertow outcome of the prosecutions; if the purpose of the unlawful captures was established in each case; 1 male Dunsany Estate and if he will make a statement on the matter. 1 male Dunsany Estate [24388/04] 1 male Dunsany Estate 1 male Bellewstown Minister for the Environment, Heritage and 1 male Balrath Local Government (Mr. Roche): Two relevant prosecutions are under way. Pending the out- 1 male Ardmulchan, Navan come, it would not be appropriate to specify 1 male Dunderry further details of these prosecutions at this stage. 1 male Rathfeigh 1 male Dunsany Estate 365. Mr. Gregory asked the Minister for the 1 male Meadesbrook Environment, Heritage and Local Government if the licensing conditions for the capture of hares 1 male Greenpark, Dunshaughlin will be altered to include the prohibition of the 1 male Dunderry removal of the hares from the State. [24389/04] Total: 14 males Minister for the Environment, Heritage and Local Government (Mr. Roche): For the 2004-05 season a number of additional conditions have Pension Provisions. been attached to the annual licence issued by my 367. Mr. Gilmore asked the Minister for the Department to the Irish Coursing Club and its Environment, Heritage and Local Government affiliated clubs to capture live hares, including a the reason local authority pensioners are required prohibition on the removal of captured hares to sign an annuitant certificate; the number of from the State. times they are required to sign such certificates; 366. Mr. Gregory asked the Minister for the if he has plans to amend the regulations govern- Environment, Heritage and Local Government ing this practice; and if he will make a statement the number of deer which remain in the wild fol- on the matter. [24391/04] lowing hunts organised by the Ward Union Hunt; Minister for the Environment, Heritage and the location of these deer; the reason they are Local Government (Mr. Roche): Under the pro- not recaptured; the responsibilities of the Ward visions of the local government superannuation Union authorities in relation to uncaptured deer; scheme, a local authority may require a pensioner and if he will make a statement on the matter. to make such declaration relating to the payment [24390/04] of a pension as it considers necessary. The pur- Minister for the Environment, Heritage and pose of the declaration is to satisfy the local auth- Local Government (Mr. Roche): My Department ority that the continued payment of the pension is responsible for issuing an annual licence to the is permissible. The frequency of such declaration Ward Union Hunt Club. One of the conditions is a matter for each local authority. The pro- attached to the licence in recent years requires visions of the local government superannuation that, by a particular date, “the Ward Union Hunt scheme are in line with public service pensions Club shall inform the Minister of the number and schemes generally and there is no proposal to sex of all deer released and not recaptured amend them. together with an indication of where such deer were last sighted”. Water and Sewerage Schemes. The Ward Union Hunt Club has informed my 368. Mr. Connaughton asked the Minister for Department that some deer prove elusive when the Environment, Heritage and Local Govern- attempts are made to recapture them. It assesses ment when the sewerage schemes for Kilkerrin, each case individually and decides whether the Dunmore and Leenane, County Galway, will animal should be left free or subjected to commence; the reason it has taken so long to repeated attempts at recapture. The Ward Union commence the project in view of the fact that Hunt Club hunting code of practice provides that approval was awarded more than two years ago; any deer actively hunted, but not recaptured, will if the projects are to be carried out under the not be hunted again for at least 30 days after- design, build and operate scheme which has wards. The Ward Union Hunt Club has provided caused such long delays; and if he will make a me with the following figures on all deer released statement on the matter. [24392/04] 315 Questions— 12 October 2004. Written Answers 316

Minister for the Environment, Heritage and munity, Rural and Gaeltacht Affairs the position Local Government (Mr. Roche): The Dunmore, regarding an application from the dormant Kilkerrin and Leenane sewerage schemes have accounts fund for the provision of funding to pro- been approved for construction in my Depart- vide necessary equipment for a club (details ment’s water services investment programme, supplied) in County Kildare; and if he will make 2004-2006, under the rural towns and villages a statement on the matter. [24575/04] initiative. Galway County Council’s tender Minister of State at the Department of Com- recommendations for the sewerage network munity, Rural and Gaeltacht Affairs (Mr. N. elements of the three schemes, together with the Ahern): Decisions on the disbursement of funds council’s tender documents for the waste water from dormant accounts moneys are a matter for treatment plants, are being examined in my the Dormant Accounts Fund Disbursements Department and will be dealt with as quickly as Board, an independent body established under possible. The waste water treatment plants will the Dormant Accounts Acts. The board has be constructed under a grouped design, build, engaged Area Development Management Lim- operate contract to optimise efficiency and value ited, ADM, to administer the initial round of for money in the procurement process. funding on its behalf, which will involve the dis- bursement of up to \60 million from the fund. Housing Grants. I understand an application from the group 369. Mr. McGuinness asked the Minister for concerned has been received by ADM. All appli- the Environment, Heritage and Local Govern- cations received will be evaluated by ADM ment if Kilkenny County Council and Borough against the criteria set out in the published guide- Council have applied for funding under the hous- lines and recommendations made to the dormant ing management initiative grant scheme; if a grant accounts board for decision. The group con- was made; and the amount involved. [24473/04] cerned will be advised of the outcome in due course. Minister of State at the Department of the Environment, Heritage and Local Government Social Welfare Benefits. (Mr. N. Ahern): Under the housing management initiative grant scheme 2004, allocations were 372. Mr. Deasy asked the Minister for Social made totalling some \1.38 million in respect of 65 and Family Affairs the percentage of farmers in separate applications for funding. Kilkenny Bor- need of social welfare assistance as part of their ough Council applied for funding under the 2004 livelihood. [24299/04] scheme and was allocated a sum of \28,200. 377. Mr. Deasy asked the Minister for Social Kilkenny County Council’s application under the and Family Affairs the number of applicants in scheme was not approved, as the proposal did not each of the past three years for the farm assist come within the scope of the scheme. payment and the number of same who qualified for payment. [24319/04] Water Quality. Minister for Social and Family Affairs (Mr. 370. Mr. Stanton asked the Minister for the Brennan): I propose to take Questions Nos. 372 Environment, Heritage and Local Government if and 377 together. Ireland has been sent a first written warning from the European Commission under the European The details of the number of farmers who applied for farm assist since 2001 are as follows: Union’s urban waste water treatment directive; the consequences of such a warning; and the Number action the Government intends to take as a result. [24543/04] 2001 1,473 Minister for the Environment, Heritage and 2002 1,716 Local Government (Mr. Roche): My Department 2003 1,765 is preparing a detailed response to the European 2004 1,264 Commission’s communication concerning (to 1 October) Ireland’s implementation of the EU urban waste water treatment directive. The reply will issue Statistics on the number of applicants who quali- within the next few weeks and will demonstrate fied for a payment are not immediately available. the commitment, as reflected in my Department’s However, I will arrange for this information to be water services investment programme 2004-2006 communicated to the Deputies as soon as to provide the necessary treatment facilities possible. within the shortest possible timeframe. At 1 October 2004, 8,567 farmers were in receipt of farm assist. The scheme is designed Dormant Accounts. specifically for farmers on low incomes and replaced the smallholders assistance scheme. The 371. Mr. Wall asked the Minister for Com- amount paid to each farmer is dependent on a 317 Questions— 12 October 2004. Written Answers 318 number of factors, for example, family size, and continue to satisfy, the conditions for entitle- whether the spouse-partner is working and any ment to the payment. In the case of the person means assessed from all sources. According to the concerned, she was requested during the investi- census of agriculture there were 141,342 gation of her claim to provide documentation farmholders in 2000. regarding her means. She failed to provide this information and her application was refused last Family Support Services. month on the grounds that she failed to fully dis- 373. Mr. Hogan asked the Minister for Social close her means. The person concerned sub- and Family Affairs when approval will be given sequently informed the Department that she had to the expansion of a resource centre (details changed address and provided some docu- supplied) in County Kilkenny; and if he will make mentation on her means. Her application has a statement on the matter. [24090/04] been re-examined and is being referred to a local officer for interview at her new address. On com- Minister for Social and Family Affairs (Mr. pletion of the necessary inquiries a decision will Brennan): The family resource centre in question be made and the person concerned will be noti- was included under the family and community services resource centre programme in 2002. The fied of the outcome. centre received funding of \84,422 in total in 2003 Under social welfare legislation decisions in and is scheduled to receive \84,533 in 2004. The relation to claims must be made by deciding programme is now being administered by the officers and appeals officers. These officers are Family Support Agency. Officials in the agency statutorily appointed and I have no role in regard have confirmed that no application for expansion to making such decisions. has been received from Newpark Close family 376. Mr. Ring asked the Minister for Social and resource centre. If any such application is Family Affairs the reason a person (details received it will be examined in accordance with supplied) in County Mayo was being assessed on normal procedures. the person’s parents income. [24247/04] Social Welfare Benefits. 380. Mr. Ring asked the Minister for Social and 374. Mr. Ring asked the Minister for Social and Family Affairs the reason a person (details \ Family Affairs when a person (details supplied) supplied) in County Mayo is only receiving 40.80 in County Mayo will be approved and granted per week in unemployment assistance; the way in disability allowance. [24178/04] which this rate of payment is calculated; and the full breakdown of the means assessment calcu- Minister for Social and Family Affairs (Mr. lation. [24406/04] Brennan): The person concerned was in receipt of disability allowance up to 21 July 2004 when Minister for Social and Family Affairs (Mr. his claim was disallowed. He is being paid sup- Brennan): I propose to take Questions Nos. 376 plementary welfare allowance. The principal con- and 380 together. ditions for receipt of disability allowance are that the medical eligibility conditions for receipt of the In the case of wage earning families the method allowance are met, the means test which applies of calculation of the assessment of means of an is satisfied and the person is resident within this unemployment assistance applicant under 27 jurisdiction. The person in question’s case was years of age who is living at home takes account forwarded to the investigative officer to establish of the net parental income after deductions for whether the conditions for receipt of the allow- rent or mortgage repayments and a parental ance were satisfied. His entitlement to disability allowance. The remainder is then divided among allowance is being further considered in light of the dependent members of the household on an the investigative officer’s report and a formal equal basis. To ensure that this assessment is decision will be issued to him directly. realistic, a limit of 17% of the net family income is applied. 375. Mr. Durkan asked the Minister for Social In the case of the person concerned 17% of and Family Affairs the resources it is presumed \ \ a person (details supplied) in County Kildare is the parental income of 551.95- 571.95 less travel \ reputed to have available to them in view of the expenses of 20 — was applied giving weekly \ fact that the person’s case has not been resolved means of 94. This assessment entitles the person to their satisfaction and keeping in mind the concerned to a weekly unemployment assistance possibility of severe hardship; and if he will make payment of \40.80. The person concerned may a statement on the matter. [24209/04] have an entitlement to unemployment benefit. She has been asked to provide information Minister for Social and Family Affairs (Mr. regarding her previous employment. On receipt Brennan): There is a statutory obligation on all of this information her entitlement to unemploy- claimants of one-parent family payment to satisfy, ment benefit will be examined. 319 Questions— 12 October 2004. Written Answers 320

Question No. 377 answered with Question advisers and 80 administrative staff working in No. 372. the MABS. This represents an increase of 20 \ 378. Ms Enright asked the Minister for Social since June 2003. A total of almost 64 million has been provided to the service since 1992, including and Family Affairs if his Department operates or \ funds school completion programmes or other the allocation of 11.401 million in respect of programmes that may have an emphasis on keep- 2004. ing children in school; if such programmes exist, In 2003 the service helped approximately the way in which a school may apply for such 16,000 new clients and had more than 13,000 funding; and if he will make a statement on the active cases at any one time. The number of new matter. [24372/04] clients has increased from 9,000 in 2001 and 12,000 in 2002. An average of 1,700 persons per 383. Ms Enright asked the Minister for Social month visit the MABS website at www.mabs.ie. and Family Affairs if his Department offers The key feature of the MABS programme is assistance, financial or otherwise, to schools or the provision of money advice, including the pub- other groups or agencies in an attempt to improve lication of information on money management the school completion rate for primary and sec- and debt counselling. The service is targeted pri- ondary school children; and if he will make a marily at individuals and families who are on low statement on the matter. [24512/04] income or in receipt of social welfare payments. It places an emphasis on practical, budget based Minister for Social and Family Affairs (Mr. measures which will succeed in removing people Brennan): I propose to take Questions Nos. 378 permanently from dependence on moneylenders and 383 together. and open up alternative sources of low cost credit Assistance with regard to attendance at school through the credit unions. I am fully committed is provided by my Department through the school to supporting the service. meals programme and the back to school clothing and footwear allowance scheme. The school Question No. 380 answered with Question meals programme provides funding for the urban No. 376. school meals scheme, which operates in conjunc- tion with certain local authorities, as well as for a Social Welfare Code. number of locally operated school meals projects in place in both urban and rural areas. 381. Mr. Ring asked the Minister for Social and The local projects scheme targets post-primary Family Affairs the way in which his Department schools with students most at risk of early school decides that a person is not genuinely seeking leaving as well as their feeder primary schools. work; the criteria used regarding this issue; and The scheme also assists pre-schools and com- the way in which these criteria are applied, in par- munity groups which provide school meals for ticular in an area in which there is a low employ- disadvantaged children. My Department is work- ment prospects or very little employment. ing with the Department of Education and Sci- [24407/04] ence to extend the school meals programme, Minister for Social and Family Affairs (Mr. using that Department’s schools completion pro- Brennan): Social welfare legislation provides that, gramme and Giving Children an Even Break initiative to target disadvantaged schools. to be entitled to unemployment benefit or unem- The back to school clothing and footwear ployment assistance, a person must prove, inter allowance scheme provides assistance towards the alia, that he or she is available for and genuinely cost of school clothing and footwear for children seeking work. Unemployment benefit and assist- attending mainly primary or post-primary ance claimants are expected to demonstrate they schools. have taken reasonable steps to secure suitable employment and to provide examples of such Family Support Services. steps. A person who fails to satisfy the deciding officer that he or she is available for full-time 379. Mr. O’Connor asked the Minister for employment and genuinely seeking work is not Social and Family Affairs if he will confirm his entitled to an unemployment payment. In apply- commitment to MABS, which has an office in ing the legislation, deciding officers have regard Tallaght; and if he will make a statement on the to local conditions, including job vacancies in the matter. [24404/04] locality, and the extent to which a claimant has Minister for Social and Family Affairs (Mr. sought to take advantage of available labour mar- Brennan): My Department has been involved in ket opportunities. activities to combat moneylending and over- The steps which a person might be expected indebtedness since 1988. Since then the number to take to seek employment will vary with the of money advice and budgeting services, MABS, circumstances. They could, for example, include has grown to 52 operating out of 65 centres making oral or written applications for work to throughout the country. There are 130 money employers or persons who have advertised job 321 Questions— 12 October 2004. Written Answers 322 offers on behalf of an employer; seeking infor- Social Welfare Benefits. mation on the availability of employment from 384. Mr. Kehoe asked the Minister for Social employers, advertisements, employment agencies and Family Affairs the cut-off point for persons and people who have placed advertisements indi- who are in receipt of back to work allowance to cating that employment is available; availing of receive the back to school clothing and footwear reasonable training opportunities suitable in his allowance; the length of time this limit has been or her case; or acting on the advice given by a in place; and if he will make a statement on the ´ jobs facilitator, a FAS adviser or other placement matter. [24513/04] agency such as the local employment service. Minister for Social and Family Affairs (Mr. It would not be possible or desirable to specify Brennan): A person may qualify for payment of a set of requirements which would guarantee the back to school clothing and footwear allow- qualification for benefit in all cases. The present ance if he or she is in receipt of a qualifying social system is based on the exercise of judgment by welfare or health board payment; is participating the deciding officer or, as appropriate, the in an approved employment scheme, such as the appeals officer as to whether a claimant meets the back to work scheme, or a recognised education conditions of entitlement. Each case is decided on or training course and has household income at its own merits within the framework of the or below certain prescribed levels. The income legislation. limits, which are shown in the following tabular If unemployed persons are unable to find statement, vary depending on household com- employment in their usual employment or within position. the area in which they are living, they would be Where the prescribed income limits are expected, after a reasonable period of job search exceeded in the case of persons participating in activity, to broaden their search for suitable approved employment schemes, including the employment to other employments or to other back to work scheme, special arrangements are in areas having regard to factors such as the avail- place which allow such people to retain entitle- ability of public or private transport. ment to back to school clothing and footwear allowance subject to a separate income limit of Live Register. \317.43 per week. While the \317.43 income limit 382. Mr. Wall asked the Minister for Social and has not changed since the introduction of the Family Affairs if he will provide the live register back to work scheme in 1993, significant changes figures for Kildare; the way in which these figures have been made to the means test. Back to work compare with a similar period in 2003; and if he allowance and family income supplement, in will make a statement on the matter. [24464/04] cases where one or both of these are in payment, are now disregarded in the assessment of the Minister for Social and Family Affairs (Mr. \317.43 weekly income limit. Brennan): Data of the type requested by the In effect this means that people who had been Deputy is not collated by my Department at unemployed and commenced employment county level as the catchment areas of local through the back to work scheme can have a offices are not co-terminal with county bound- weekly household income significantly in excess aries. There are three local offices in County of \317.43 and still qualify for the back to school Kildare located in Athy, Maynooth and New- clothing and footwear allowance. In the first year bridge. The number of persons signing on the live of their participation in the back to work scheme, register at the three local offices in Kildare on 24 a single person can have combined income from September 2004 was 4,604 as compared with the back to work allowance and wages of \418.50, 4,719 signing on 26 September 2003. while a couple with two children can have an These figures show a decrease of 115 or 2.4% income of \510.75. persons on the live register when September 2004 A participant on a back to work scheme may is compared with September 2003. Of the persons be assessed under either the retention rules on the live register at September 2004 some 2,777 applicable to employment scheme participants or or 60% are registered less than six months, while the income limits of the back to school clothing an additional 854 or 18.5% are registered for and footwear scheme itself whichever is more between six months and one year. beneficial. The back to school clothing and footwear Question No. 383 answered with Question allowance scheme standard income limits for No. 378. 2004 are as follows: 323 Questions— 12 October 2004. Written Answers 324

[Mr. Brennan.]

Couple with Income Limit Lone Parent with Income Limit

\\ 1 child 348.10 1 child 238.90 2 children 367.40 2 children 260.50 3 children 386.70 3 children 282.10 4 children 406.00* 4 children 303.70** * limit is increased by \19.30 for each additional child ** limit is increased by \21.60 for each additional child.