Vol. 631 Thursday, No. 5 15 February 2007

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Thursday, 15 February 2007.

Requests to Move Adjournment of Da´il under Standing Order 31 ………………1469 Order of Business ………………………………1470 Finance Bill 2007: Allocation of Time Motion …………………………1492 Financial Resolutions ……………………………1493 National Development Plan: Statements ………………………1498 Education (Miscellaneous Provisions) Bill 2007: Order for Second Stage ……………………………1518 Second Stage ………………………………1518 Referral to Select Committee …………………………1564 Ceisteanna — Questions Minister for Arts, Sport and Tourism Priority Questions ……………………………1564 Other Questions ……………………………1575 Adjournment Debate Matters ……………………………1589 Adjournment Debate Rail Services ………………………………1589 Questions: Written Answers ……………………………1593 1469 1470

DA´ IL E´ IREANN An Ceann Comhairle: The notice I received finished with “spring 2007”. ———— Mr. F. McGrath: I seek leave to move a motion De´ardaoin, 15 Feabhra 2007. for the Adjournment of the Da´il under Standing Thursday, 15 February 2007. Order 31 to discuss a matter of national import- ance and concern, namely, the huge price ———— increases in meat, vegetables, fruit, gas and elec- tricity and the 15% increase in rents for Dublin Chuaigh an Ceann Comhairle i gceannas ar City Council tenants, particularly those living on 10.30 a.m. the north side of Dublin and pensioners. I call on the Government to do something as a matter of ———— priority to assist our elderly, our disabled and Paidir. working people in general as they must put up Prayer. with these huge price increases which are affect- ing everyone’s quality of life. ———— Mr. P. Breen: I wish to seek the Adjournment Requests to move Adjournment of Da´il under of the Da´il under Standing Order 31 to discuss a Standing Order 31. matter of extreme importance, namely, that the Minister for Communications, Marine and An Ceann Comhairle: Before coming to the Natural Resources immediately intervene with Order of Business, I propose to deal with a the management of An Post to stop the policy of number of notices under Standing Order 31. closing and downgrading rural post officers, such Mr. J. Breen: I request the Adjournment of the as the recent downgrading of Kilmaley post office Da´il under Standing Order 31 to discuss a matter in County Clare to post point status, and the clos- of local and national importance, namely, the ure of Liscannor, Kilamona, Carran, Kilnaboy, threatened closure of Seamount College, Kin- Inagh, Kilbaha, Cross, Querrin, Moyasta and Lis- vara, County Galway. I ask the Taoiseach and the deen post offices in recent years because of the Minister for Education and Science to intervene devastation this has caused in local communities. and prevent the closure of this college that pro- vides an excellent standard of education for a Mr. Durkan: Hear, hear. An Post has deci- large catchment area that includes Lisdoonvarna, mated the postal service. Fanore, Ballyvaughan and New-Quay, County Clare. The projected growth in the area will not An Ceann Comhairle: Having considered the be accommodated in Gort Community College or matters raised, I have found that they are not in Calasanctius College, Oranmore, where there is order under Standing Order 31. no spare capacity. Order of Business. Mr. Healy: I request the Adjournment of the Da´il under Standing Order 31 to discuss a matter Minister for Social and Family Affairs (Mr. requiring urgent attention, namely, the need for Brennan): The Order of Business today—— the Taoiseach to intervene with the Minister for Finance and the Minister of State at the Depart- Mr. Kenny: On a point of order, while I have ment of Finance to approve funding for the great respect for the Minister, this is a contemptu- Clonmel flood alleviation scheme in view of the ous snub to this House. fact that Clonmel has been devastated by four major floods in the past ten years, that millions An Ceann Comhairle: That is not a point of of euros of damage has been done to homes and order. businesses, that insurance cover cannot be obtained in flooded areas, that the completed Mr. Kenny: Neither the Taoiseach nor the proposal is currently with the Minister for Fin- Ta´naiste is here. ance for approval and in view of the fact that the Minister of State has in this House promised that An Ceann Comhairle: That is not a point of the scheme would commence in September 2006 order so I ask Deputy Kenny to allow the Mini- and again in spring 2007, promises he has failed to keep. ster to continue without interruption.

An Ceann Comhairle: It is not appropriate to Mr. Kenny: I understand they are attending go beyond the notice submitted to the Ceann social partnership meetings but this is the primary Comhairle. legislative body in this country and we have no representation from either the Taoiseach or the Mr. Healy: This is in the notice. Ta´naiste. 1471 Order of 15 February 2007. Business 1472

An Ceann Comhairle: That is not a point of An Ceann Comhairle: There are four proposals order and I ask the Deputy to accept the ruling to put to the House. Is the proposal for the late of the Chair. sitting agreed to?

Mr. Kenny: The Ta´naiste is out doing the Mr. Kenny: I propose that we sit until 6.30 p.m. Taoiseach’s dirty work in respect of the tribunal. and that there be a full statement from the We have good cop, bad cop, with the Minister for Government in respect of its intentions relating the Environment, Heritage and Local Govern- to the Mahon tribunal. We are in a situation ment saying the tribunals should be closed down where the Taoiseach says its should go ahead, the while the Taoiseach says they should go ahead. Ta´naiste says it should close down and the Mini- This is contemptuous treatment of Da´il E´ ireann. ster for the Environment, Heritage and Local Government says we cannot go on like this. The An Ceann Comhairle: The Deputy has made tribunal was set up by the Oireachtas and given a his point and he has been ruled out of order by specific remit. Everyone understands it should do the Chair. It is important no one shows contempt its work expeditiously but the truth should be for the rules of the House. known. We are now in a state of classic Fianna Fa´il confusion, where the Ta´naiste is out like a Mr. Kenny: Neither the Taoiseach nor the lapdog doing the dirty work of the Taoiseach. He Ta´naiste is here to answer questions today. should be in here giving a full explanation of Government intentions for the tribunal and I pro- An Ceann Comhairle: Deputy Kenny has made pose we sit until 6.30 p.m. to allow him to do so. his point and I ask him to resume his seat. Mr. Durkan: Hear, hear. Where are they now? Mr. Kenny: It is a snub to the primary legislat- Let them speak for themselves. ive body. Mr. Rabbitte: I support the motion for an Mr. Durkan: It is an absolute disgrace. The amendment to the Standing Orders to allow the three amigos are sitting in place of the two boys Government to clarify its position given that we who should be here. have one version from the Ta´naiste and another from the Taoiseach. Will the Minister clarify this An Ceann Comhairle: I ask Deputy Durkan to position? I had always believed the Oireachtas or allow the Minister to speak without interruption. the Da´il could not stop a module that had already commenced. Mr. Brennan: It is proposed to take No. 12a, Finance Bill 2007, allocation of time motion for An Ceann Comhairle: I would prefer if Deputy select committee; No. 12b, Finance Bill 2007 — Rabbitte would wait until the Order of Business Financial Resolutions, No. 24, statements on the and I will allow him to raise this matter then. It national development plan; and No. 4, the Edu- is out of order on this proposal and we want to cation (Miscellaneous Provisions) Bill 2007 — go through the proposals first. Perhaps when we Order for Second Stage and Second Stage. come to the Order of Business he can raise it. It is proposed, notwithstanding anything in Standing Orders, that the Da´il shall sit later than Mr. Rabbitte: I am just explaining why we are 4.45 p.m. tonight and business shall be interrup- looking for—— ted not later than 6 p.m, Nos. 12a and 12b shall be decided without debate and, in the case of No. An Ceann Comhairle: We are discussing the 12b, Financial Resolutions, Nos. 1 to 36 shall be late sitting. moved together and decided by one question which shall be put from the Chair. The pro- Mr. Rabbitte: Deputy Kenny has proposed its ceedings on No. 24 shall, if not previously con- extension to permit the Government—— cluded, be brought to conclusion after 65 minutes and the following arrangements shall apply: the An Ceann Comhairle: Deputy Kenny’s pro- statements shall be confined to a Minister or posal is not in order because the Opposition Minister of State and to the main spokespersons cannot propose new business. That is the pre- for the Fine Gael Party, the Labour Party and the rogative of the Taoiseach—— Technical Group, who shall be called upon in that order and who may share their time, which shall Deputies: He is not here. not exceed 15 minutes in each case, and a Mini- ster or Minister of State shall be called upon to Mr. Allen: He is in hiding. make a statement in reply which shall not exceed five minutes. The Second Stage of No. 4 shall be An Ceann Comhairle: ——and the taken today and the proceedings thereon shall, if Government. not previously concluded, be brought to a con- clusion at 6 p.m. tonight. (Interruptions). 1473 Order of 15 February 2007. Business 1474

An Ceann Comhairle: I ask Deputy Durkan to Mr. Kenny: I ask for clarification, Sir. I pro- behave himself when the Chair is speaking. I ask posed an extension to the sitting on Tuesday, Deputy Rabbitte to wait until the appropriate which was effectively for new business. time on the Order of Business. An Ceann Comhairle: No, it was time—— Mr. Rabbitte: I saw you getting that advice, Sir. I remember many times when this side of the Mr. Kenny: It was new business because the House proposed a change to Standing Orders and Taoiseach refused to answer questions about the when it was, on occasion, accepted on the other Moriarty tribunal, which was new business as far side. as I am concerned.

An Ceann Comhairle: Not to propose new An Ceann Comhairle: No. The Deputy pro- business. That is a matter for Government. posed an amendment on business that was pro- posed before the House. Ms O. Mitchell: We have no Taoiseach. Mr. Kenny: I proposed an extension of time for Mr. Durkan: We have no Government. new business, namely answering questions about the Moriarty tribunal. An Ceann Comhairle: I call Deputy Gormley on the late sitting. The other matter can be raised An Ceann Comhairle: It was not for new busi- on the Order of Business. ness. It was for business that was before the Mr. Gormley: We should certainly extend the House. late sitting to give people the opportunity to make their views clear. There is a lack of clarity Mr. Kenny: It was a new element of that on the other side of the House on the tribunals. business.

An Ceann Comhairle: The Chair has already An Ceann Comhairle: There was a proposal ruled on that matter. before the House on how that business would be dealt with. The Deputy was entitled to propose Mr. Gormley: We have the Ta´naiste—— an amendment to change the proposal that was before the House. An Ceann Comhairle: For the benefit of the House, an amendment which introduces a new Mr. Kenny: And to bring in an element of matter is not in order as it is the Taoiseach’s pre- new business. rogative to list the business to be taken. An Ceann Comhairle: There is no proposal Mr. Gormley: May I make a point of order? today on this issue.

An Ceann Comhairle: I will hear the Deputy Mr. Kenny: The new business was to get the on the Order of Business. truth out of some people here.

Mr. Gormley: It is a point of order. Will the An Ceann Comhairle: The Deputy is out of Ceann Comhairle allow a private notice question order. It is quite clear. on the issue and make the time available to dis- cuss this serious issue. Obviously the Mr. Kenny: I will have to vote against the Ta´naiste—— proposal.

An Ceann Comhairle: It does not arise at this Question put: “That the proposal for the late stage. Is the proposal for the late sitting agreed? sitting be agreed to.”

The Da´il divided: Ta´, 62; Nı´l, 47.

Ta´

Ahern, Dermot. Cooper-Flynn, Beverley. Ahern, Michael. Cowen, Brian. Ahern, Noel. Cregan, John. Andrews, Barry. Cullen, Martin. Ardagh, Sea´n. Curran, John. Blaney, Niall. Davern, Noel. Brady, Johnny. Dempsey, Tony. Brady, Martin. Dennehy, John. Brennan, Seamus. Devins, Jimmy. Browne, John. Fahey, Frank. Callanan, Joe. Fleming, Sea´n. Carey, Pat. Gallagher, Pat The Cope. Carty, John. Glennon, Jim. Collins, Michael. Grealish, Noel. 1475 Order of 15 February 2007. Business 1476

Ta´—continued

Hanafin, Mary. O’Connor, Charlie. Harney, Mary. O’Dea, Willie. Haughey, Sea´n. O’Donovan, Denis. Hoctor, Ma´ire. O’Flynn, Noel. Jacob, Joe. O’Keeffe, Batt. Kelleher, Billy. O’Keeffe, Ned. Kelly, Peter. O’Malley, Fiona. Killeen, Tony. O’Malley, Tim. Kirk, Seamus. Parlon, Tom. Kitt, Tom. Power, Peter. Lenihan, Brian. Roche, Dick. Lenihan, Conor. Sexton, Mae. McGuinness, John. Smith, Brendan. Moloney, John. Wallace, Mary. Moynihan, Donal. Wilkinson, Ollie. Moynihan, Michael. Woods, Michael. Nolan, M. J. Wright, G.V.

Nı´l

Allen, Bernard. McEntee, Shane. Boyle, Dan. McGinley, Dinny. Breen, Pat. McGrath, Finian. Broughan, Thomas P. McGrath, Paul. Bruton, Richard. McHugh, Paddy. Burton, Joan. McManus, Liz. Connaughton, Paul. Mitchell, Olivia. Connolly, Paudge. Murphy, Catherine. Costello, Joe. Murphy, Gerard. Crowe, Sea´n. Neville, Dan. Cuffe, Ciara´n. O´ Snodaigh, Aengus. Deenihan, Jimmy. O’Keeffe, Jim. Durkan, Bernard J. O’Shea, Brian. English, Damien. O’Sullivan, Jan. Enright, Olwyn. Pattison, Seamus. Ferris, Martin. Quinn, Ruairı´. Gilmore, Eamon. Rabbitte, Pat. Gormley, John. Ring, Michael. Gregory, Tony. Ryan, Eamon. Healy, Seamus. Stagg, Emmet. Higgins, Michael D. Stanton, David. Howlin, Brendan. Timmins, Billy. Kenny, Enda. Twomey, Liam. Lynch, Kathleen.

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

Question declared carried. We need more time to debate the national development plan which does not face up to An Ceann Comhairle: Is the proposal for deal- climate change, the biggest challenge facing ing with Nos. 12a and 12b without debate agreed? humanity. It has not been climate change Agreed. Is the proposal for dealing with No. 24 proofed. agreed? An Ceann Comhairle: The Deputy may make Mr. Gormley: No. his points during the debate.

An Ceann Comhairle: I call Deputy Gormley. Mr. Gormley: There is not enough time for a debate. Mr. Gormley: A total of 65 minutes has been allocated to debate a very important issue, An Ceann Comhairle: The Deputy will have an namely, the national development plan. The opportunity to speak on it. problem is that in the past we have not had a Mr. Gormley: With respect, 65 minutes to dis- plan. This is the reason we now have tribunals cuss the biggest challenge facing humanity is and bad and corrupt planning. The Minister for laughable. I oppose the proposal. Justice, Equality and Law Reform, Deputy McDowell, is now trying to shut down the tri- An Ceann Comhairle: I call Deputy Burton. bunals as a consequence. I will not dwell on that matter now though I hope we will have an oppor- Ms Burton: The time devoted today for state- tunity to debate it. ments on the national development plan and the 1477 Order of 15 February 2007. Business 1478 time devoted yesterday to the Moriarty report to be shared between myself and Deputy Quinn. means two fundamental issues of importance to That is not adequate. It is not an insult partic- this country and our democracy were not prop- ularly to this House, it is an insult to the voters erly debated. As Deputy Gormley stated, the who for the first time in Irish history will pay the \184 billion to be spent under the national bulk of that \184 billion. development plan will be fundamental to every An Ceann Comhairle: The Deputy cannot region in Ireland. We are all aware from the debate the content of the plan at this stage. Moriarty report of what went wrong when one man put his hand in the till. Ms Burton: This is not a plan which will be sent by post to Brussels. It is a plan for which our tax- An Ceann Comhairle: We are dealing with the payers will pay for the next seven years. proposal re statements on the national develop- ment plan. The Deputy should make a brief com- An Ceann Comhairle: The Deputy will have an ment on why she opposes the time limit in that opportunity to speak on the plan. regard. Ms Burton: The Labour Party also opposes the proposal. Ms Burton: We are now asked to debate the spending of that \184 billion in 65 minutes. The Question put: “That the proposal for dealing Labour Party will get an allocation of 15 minutes with No. 24 be agreed to”.

The Da´il divided: Ta´, 60; Nı´l, 45.

Ta´

Ahern, Dermot. Jacob, Joe. Ahern, Michael. Kelleher, Billy. Ahern, Noel. Kelly, Peter. Andrews, Barry. Killeen, Tony. Ardagh, Sea´n. Kirk, Seamus. Blaney, Niall. Kitt, Tom. Brady, Johnny. Lenihan, Brian. Brady, Martin. Lenihan, Conor. Brennan, Seamus. McGuinness, John. Browne, John. Moloney, John. Callanan, Joe. Moynihan, Donal. Carey, Pat. Moynihan, Michael. Nolan, M. J. Carty, John. O’Connor, Charlie. Collins, Michael. O’Dea, Willie. Cowen, Brian. O’Donovan, Denis. Cregan, John. O’Flynn, Noel. Cullen, Martin. O’Keeffe, Batt. Curran, John. O’Keeffe, Ned. Davern, Noel. O’Malley, Fiona. Dempsey, Tony. O’Malley, Tim. Dennehy, John. Parlon, Tom. Devins, Jimmy. Power, Peter. Fleming, Sea´n. Roche, Dick. Gallagher, Pat The Cope. Sexton, Mae. Glennon, Jim. Smith, Brendan. Grealish, Noel. Wallace, Mary. Hanafin, Mary. Wilkinson, Ollie. Harney, Mary. Woods, Michael. Haughey, Sea´n. Wright, G. V. Hoctor, Ma´ire.

Nı´l

Allen, Bernard. Enright, Olwyn. Boyle, Dan. Ferris, Martin. Breen, James. Gilmore, Eamon. Breen, Pat. Gormley, John. Broughan, Thomas P. Gregory, Tony. Bruton, Richard. Healy, Seamus. Burton, Joan. Kenny, Enda. Connaughton, Paul. Lynch, Kathleen. Connolly, Paudge. McEntee, Shane. Costello, Joe. McGinley, Dinny. Crowe, Sea´n. McGrath, Finian. Cuffe, Ciara´n. McGrath, Paul. Deenihan, Jimmy. McHugh, Paddy. Durkan, Bernard J. McManus, Liz. English, Damien. Mitchell, Olivia. 1479 Order of 15 February 2007. Business 1480

Nı´l—continued

Murphy, Catherine. Pattison, Seamus. Murphy, Gerard. Quinn, Ruairı´. Neville, Dan. Rabbitte, Pat. O´ Snodaigh, Aengus. Ring, Michael. O’Dowd, Fergus. Stagg, Emmet. O’Keeffe, Jim. Stanton, David. O’Shea, Brian. Timmins, Billy. O’Sullivan, Jan.

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

Question declared carried. about all these tribunals, but they know one thing. They would like to have the truth, which An Ceann Comhairle: Is the proposal for deal- apparently reaches into the very highest echelons ing with No. 4 agreed? in this country in this day and age. We like to see tribunals do their work expeditiously. A number Mr. Stagg: We object to it for the same reason of judges were appointed. If they are unable to we objected to other items dealing with legis- do their work in parallel, that is a problem for lation during the week. the Government. Everybody knows these things cannot run indefinitely, but the truth is central to Question, “That the proposal for dealing with what we must do to restore some sense of probity No. 4 be agreed to”, put and declared carried. and integrity to Irish politics. Will the Minister for Social and Family Affairs, who is a decent Mr. Kenny: At the beginning of the Order of man, comment on what are the Government’s Business, I attempted to raise the fact that I intentions are in respect of the Mahon tribunal? regard the absence of the Taoiseach and Ta´naiste as a contemptuous snub to this House, which is An Ceann Comhairle: Does Deputy Rabbitte the primary legislative body in the country. wish to speak on the same subject?

Mr. Durkan: Hear, hear. Mr. Ring: The House should be closed down. Either the Taoiseach or the Ta´naiste should be Mr. Kenny: After a decade, we had a short ser- here. ies of statements on the Moriarty tribunal. The Progressive Democrats were not present in the An Ceann Comhairle: I remind Deputy Ring House and there was no comment from the that the Chair is speaking. I ask him to show leader or the deputy leader of that party. respect to the House and the Office of the Ceann Comhairle. Does Deputy Rabbitte wish to speak Mr. Durkan: Hear, hear. on this issue? Mr. Kenny: While the House was endeavouring (Interruptions). to comment on a culture of corruption and the necessity to break it, the very same Ta´naiste who An Ceann Comhairle: I ask Members to allow said we do not want single party government in Deputy Rabbitte to speak if he wishes to do so. this country was outside the gates of this House If not, I will call on Deputy Gormley to speak. undermining another tribunal. First of all, I believe we should have an oppor- tunity to hear a full statement from the Govern- Mr. Rabbitte: I wish to raise this issue but am ment about its intentions with regard to the content to wait my turn and hear the Minister. Mahon tribunal. I know that neither 11 o’clock the Minister for Social and Family An Ceann Comhairle: In respect of an issue Affairs, Deputy Brennan, nor the such as this, in accordance with precedent in the Minister for the Environment, Heritage and House, we will hear the leader of each of the par- Local Government, Deputy Roche, can stop this. ties present and then hear a response from the It was set up by the Houses of the Oireachtas. Minister. This has always been the way in respect The Ta´naiste and Minister for Justice, Equality of these issues. If Members are complaining and Law Reform increased fees for lawyers on a about wasted time in the House and each number of occasions. The Taoiseach says he Member, in turn, gets up and raises this issue, it wants to go ahead with it; the Minister for the takes up time for another—— Environment, Heritage and Local Government wants it closed down; and the Tanaiste and Mini- Mr. Ring: We are talking to no one. ster for Justice, Equality and Law Reform, Michea´l bocht, has his own views on this. An Ceann Comhairle: If Deputy Rabbitte I believe we should have a full statement from wishes to make a comment on this issue, we will the Government. The people are very confused hear him. 1481 Order of 15 February 2007. Business 1482

Mr. Ring: We are talking to no one. None of bunals. He negotiated and sanctioned them, as them is here. well as getting the sanction of the Minister for Finance for the higher fees. An Ceann Comhairle: Deputy Rabbitte, with- out interruption. Mr. J. O’Keeffe: He put them up by 50%.

Mr. Ring: Where is he today? Is he in Cork Mr. Rabbitte: The Minister for Finance, having or Kerry? sanctioned the higher fees, stated the process to be a gravy train that should be stopped. No action An Ceann Comhairle: Deputy Rabbitte, with- was ever taken. The Minister for Justice, Equality out interruption. I will ask Deputy Ring to leave and Law Reform brought in legislation in 2004 to the House if he does not allow Deputy Rabbitte curtail the fees but turned a blind eye with regard to speak. to implementing the new fees, which have never been put in place. If the Ta´naiste is so concerned (Interruptions). about fees, why has action never been taken by the Government to control them? An Ceann Comhairle: Deputy Rabbitte, with- If it is true, as alleged on radio this morning, out interruption. that there are 12,000 orders for discovery at \13,000 a go, with \400 million being the alleged Mr. Rabbitte: There is minimal opportunity in cost, who sanctioned it? Who is in control of the the House to hold Government to account. The purse strings and who sanctioned the transfer of rolling of an omnibus leaders’ question to the \400 million of taxpayers’ money to the banks for Minister for Social and Family Affairs by the orders of discovery? It seems the Government Ceann Comhairle does not do justice to the speaks with forked tongue on this issue. Opposition in terms of our capacity to hear what the Minister has to say and pursue him by way of Mr. J. O’Keeffe: What is new? supplementary question. It is a precedent largely created during the current Ceann Comhairle’s Mr. Rabbitte: I would have preferred to hear time. the Minister for Social and Family Affairs on the issue and put supplementary questions to him An Ceann Comhairle: It has always been the having regard to Deputy Kenny’s request for ruling of the House. extended time to allow the Government to clarify the issue, make a statement and allow questions Mr. Rabbitte: Whatever about closing down and answers. As Deputy Kenny stated, tribunals the tribunals, we may as well contemplate closing clearly cannot go on forever and they are inordi- down the Da´il if it keeps going the way it is being nately expensive. There are clear fundamental run by the Ceann Comhairle. issues of public interest involved as well. Where modules have been opened, my understanding is Mr. Durkan: Hear, hear. that a halt cannot be called by the Minister for the Environment, Heritage and Local Govern- Mr. Rabbitte: I mean no disrespect to the Mini- ment, the Government as a whole or even by ster for Social and Family Affairs, but I believe this House. he is eighth in Cabinet ranking. If I were Taoiseach he would be higher than that. Mr. Gormley: The Ta´naiste is a loose cannon at the best of times. As the pressure mounts, and Mr. B. Lenihan: Is this the rotating Taoiseach? it is mounting, he appears to be losing the plot completely. Mr. Rabbitte: Why has he been sent in here to deal with the Order of Business this morning? Mr. Stagg: He may self-destruct. When we had a vote in the Chamber, we saw a number of other Ministers appear from behind Mr. Gormley: He will self-destruct before the the arras. What is this snub to the House, election. although I mean no disrespect to the Minister for Social and Family Affairs? Ms McManus: He will implode. Will the Minister indicate if my understanding of the matter before the House is correct? I Mr. Gormley: It will not be a pretty sight. believe that if a tribunal has commenced a module of investigation, the Oireachtas cannot An Ceann Comhairle: The Deputy should close it down without exposing the taxpayer to return to the issue before us. serious potential claims for damages. Why has the new fees regime not been applied? Mr. Allen: He has bolted. The Ta´naiste is quite properly concerned about runaway costs, but the Ta´naiste as Attorney Mr. Gormley: I ask the president of the Pro- General negotiated the increase in fees for his gressive Democrats what they have to fear? We colleagues in the Law Library at the various tri- know it is not a cost factor as the Ta´naiste pushed 1483 Order of 15 February 2007. Business 1484

[Mr. Gormley.] tunity where the taxpayer would foot the bill, it up the costs and gave the lawyers what they was nirvana. wanted when he was Attorney General. What do For years, the Ta´naiste and the Taoiseach have the Progressive Democrats fear? Is it the Quarry- refused to lift a finger in opposition to that vale module? system. We now have, in the most cynical, politi- cal and opportunistic way, the Ta´naiste raising Mr. Parlon: Absolutely not. this issue for his own reasons. It was as if his party was not in Government for the past ten years. It Mr. Durkan: What are they hiding? is similar to the crime issue, where the Ta´naiste is adopting the Taoiseach’s methodology of pre- Mr. Gormley: Is that what the Progressive tending to be in Opposition when his party is in Democrats fear? reality in Government. We should get real on the issue. These investi- Mr. Parlon: We had no money in that. gations have shown up the corrupt underbelly that existed with planning in this country and the Mr. Gormley: If the party has nothing to fear, interface between politics and business in this it should let the tribunals continue. We should country, which was rotten to the core and which root out the corruption and get to the truth. needed to be brought out and exorcised. Such cir- cumstances can never again occur. Mr. F. McGrath: Hear, hear. It is not a question of shutting the tribunals down but bringing them to a conclusion where Mr. J. Higgins: I wish to contribute. the full truth will out, no matter whom that affects or embarrasses. It can be done and, if An Ceann Comhairle: Sinn Fe´in as a party can necessary, we should bring in levels of remuner- contribute, but there is no provision for members ation for those involved that will allow the pro- of the Technical Group. cess to continue at a reasonable cost. Mr. Brennan: I wish to explain that the Taoiseach—— Mr. F. McGrath: Hear, hear — a reasonable solution. Mr. F. McGrath: The media are against us. An Ceann Comhairle: The Deputy should be Mr. J. Higgins: If the Ceann Comhairle could brief. just allow me two sentences. After all, most people on the front benches are involved in the Mr. J. Higgins: That is the solution, not oppor- row today. What is good for the Government is tunistic calls pretending to be the friend of the good for the Opposition. taxpayer. We should end an abuse that the Government has condoned for decades. Mr. Brennan: Is the Deputy happy? Mr. F. McGrath: Hear, hear. Mr. J. Higgins: It is many years since it became clear that not just the Mahon tribunal but other Mr. Brennan: The Taoiseach, the Ta´naiste and tribunals were making far more new millionaires the Minister for Finance have been engaged this than there were old millionaires being investi- morning in partnership discussions and cannot gated. What we had yesterday from the Ta´naiste be here. in particular and also from the Taoiseach is an exercise in the most monumental hypocrisy. Mr. Allen: That could start at 11.30 a.m. We pointed out many years ago in the Da´il the incredible level of fees which lawyers were able (Interruptions). to command at will. Who are the lawyers but the friends of the Ta´naiste himself? In other words, Mr. Allen: It is rubbish. it is the very system he has been part of for dec- ades that has seen him make a very good career Mr. Brennan: The Minister for Foreign Affairs for himself and his friends. At the same time, it had an important engagement this morning. has put the law in this country out of the reach of ordinary working people. Ms McManus: He is there now.

Mr. F. McGrath: Hear, hear. Mr. Allen: His most important engagement should have been in here. Mr. J. Higgins: That is a system they were silent about for decades and while ordinary working An Ceann Comhairle: I will have to ask class people were pushed out and could not Deputy Allen to leave the House if he does not afford justice, the lawyers were rolling in it from let the Minister reply. those who could afford to pay them, such as the big corporations, etc. When they saw an oppor- (Interruptions). 1485 Order of 15 February 2007. Business 1486

Mr. D. Ahern: Some of us do not have the Mr. J. O’Keeffe: The Government only did it time. in 2003.

Mr. Brennan: The Deputies are stuck with me Mr. Brennan: The Taoiseach made it clear this for the moment. morning and the Ta´naiste said it yesterday. Both I should make it clear that the Government of them said the tribunals have a very important never has and will never interfere with any job to do and that the tribunals would do their tribunal. job to completion. They are both strongly of that view. Mr. Allen: They are running away. Mr. Durkan: What did they mean? Mr. Quinn: Which Government? Mr. Brennan: They both said time and again Mr. Brennan: No legislation is proposed by the that a great deal of money has gone into the Government to in any way interfere with the tribunals—— work of this or any other tribunal. Mr. Durkan: Really. Mr. D. Ahern: Hear, hear. The Opposition would accuse us if we did. Mr. Stagg: The Government was supposed to do something about it. Mr. Brennan: The Taoiseach stated this Mr. Brennan: All parties have agreed that is morning—— necessary. As the House is aware, the Minister for the Environment, Heritage and Local Mr. Stagg: What did the Ta´naiste say? Government is engaged in correspondence with the tribunals and as soon as that has been com- Mr. Brennan: ——that he agreed with the pleted the Government will look again at the Ta´naiste’s comments yesterday that the issue of matter. legal fees for the tribunals needs to be addressed. Mr. Durkan: What has the Government done Mr. Rabbitte: Who does he think should about it? address it? Mr. Brennan: No decision has been taken by Mr. Allen: The Ta´naiste increased the fees. the Government in regard to counsel’s fees. The matter is still under consideration between the An Ceann Comhairle: Allow the Minister to Minister for the Environment, Heritage and speak without interruption. Local Government, Deputy Roche, and the Mahon tribunal. Mr. Brennan: Nobody in this House would pri- vately or publicly disagree with that. Both the Mr. J. O’Keeffe: A decision was made in 2003. Ta´naiste and the Taoiseach made the point—— Mr. Brennan: The House will be aware that Mr. Stagg: What point? when the tribunal was contacted in 2004, it indi- cated it would have its work completed by March Mr. Allen: They should have a conference call. 2007. On that basis the then current rates con- tinued to apply to counsel for the tribunal, up to Mr. Brennan: ——that the public needs to and including that date. The current rates apply understand the vast sums of taxpayers’ money up to March 2007. going to fund the tribunal. Mr. J. O’Keeffe: Why? An Ceann Comhairle: I may have to ask Deputy Allen to leave the House if he does not Mr. Brennan: In 2001, when three additional allow the Minister to continue. judges were appointed to the tribunal — at that stage it was called the Flood tribunal — it was Mr. Brennan: The public needs to understand expected at that time it would sit in individual that point. Neither the Taoiseach nor the divisions. The tribunal found itself unable to Ta´naiste make any apology for bringing that to organise divisional sittings and, therefore, that the attention of the public—— did not happen.

Mr. Stagg: They are being paid off. Mr. Quinn: Is there no end to the incompet- ence? It is unbelievable. An Ceann Comhairle: Deputy Stagg, please. Mr. Brennan: In regard to legal costs, the new Mr. Brennan: ——or highlighting that part- schedule of fees has been applied to a number of icular fact. tribunals, namely, the Barr, MacEntee and 1487 Order of 15 February 2007. Business 1488

[Mr. Brennan.] Mr. J. O’Keeffe: It is incompetence, nothing Smithwick tribunals. A lower level of fees now else. attaches to these tribunals. As agreed with the tribunal, at the end of March 2007 we will see An Ceann Comhairle: We will move on to how the discussions conclude with the Minister No. 12. for the Environment, Heritage and Local Government. The Government will then consider Ms McManus: I am sorry, a Cheann Comhairle. the matter. I wish to say in the strongest possible terms both the Taoiseach and Ta´naiste are An Ceann Comhairle: If the Deputy has a together of the view that there is no question of question, she should ask it. interference, no legislation was postponed and there is not a single Member in this House—— Ms McManus: I certainly have but I have a right to be listened to also. Mr. Quinn: That was not the Ta´naiste’s view. An Ceann Comhairle: The Deputy has that Ms Lynch: He said he was misquoted. right, as has every other Member of the House. The Chair has been advocating that for the past Mr. Brennan: Deputy Kenny said a few five years. moments ago, “Everybody knows these things cannot run indefinitely”. That is exactly what he Ms McManus: Jesus, you are fierce cranky, said. We agree with him. there is no doubt. Many people are unhappy about the lack of protection for children from sex Ms Burton: That is what Deputy Kenny said, abusers. Today, it emerged there are fears about but what did the Ta´naiste say? an abuser who may be in the jurisdiction and the fact there is not a proper register here to protect Mr. Brennan: We are drawing attention to the children. Under the North-South Ministerial fact that perhaps up to hundreds of millions of Council, recommendations were made for legis- euro of taxpayers’ money has been spent. lation to be produced for a register of persons considered unsafe to work with children. I have Mr. J. O’Keeffe: The Government only realises no doubt everybody would feel a lot happier if it now. that register were in place. Will the Minister acknowledge we need this legislation? It is not Mr. Brennan: We make no apology for drawing acceptable to read, “Publication expected — not attention to that. The issue of fees is being dealt possible to indicate at this stage”. Surely this is with. a priority. We have heard lots of talk from the Government about protection of children from Mr. Durkan: It is incompetence. sex abuse. There is talk of a constitutional referendum. Mr. Rabbitte: Can I ask the Minister what is the purpose of drawing attention to it? An Ceann Comhairle: The Deputy has made her point. She should allow the Minister to reply Mr. Allen: Because of the election. on the legislation. An Ceann Comhairle: That does not arise at this stage. Deputy Rabbitte will have to find Ms McManus: This is practical legislation and another way of raising the matter. we have no indication of when it might come to the House. Can it be fast-tracked? Mr. Brennan: Transparency. An Ceann Comhairle: The Minister to reply on An Ceann Comhairle: We are not having a the legislation. debate on this issue. I call Deputy McManus. If she does not wish to speak, we will move on to Mr. Brennan: The Deputy refers to the register No. 12. of persons considered unsafe to work with chil- dren Bill. It is not possible to indicate at this stage Mr. Stagg: It is to remind the Government it when it will come forward because it requires has to do something about it. detailed consideration with significant advice from the Attorney General. Mr. Brennan: I want to know if you are happy. Mr. Stanton: On a point of order. Is there some Mr. Durkan: The Minister looks happy. kind of precedent or standard governing the time between when a Bill is published and is debated An Ceann Comhairle: Does Deputy McManus in the House? Are there any guidelines on this wish to contribute? issue? I refer in particular to the social welfare and law reform Bill which is due to be debated Mr. Brennan: Because if you are not happy, we next Tuesday. It will introduce much important are in trouble. detail and we have not seen it yet. Surely it is 1489 Order of 15 February 2007. Business 1490 only fair we would have a reasonable number of Mr. Stanton: Does that convention apply? days to consider such legislation. Mr. Brennan: We can discuss it on the social Mr. Stagg: Two weeks. welfare Bill next week.

Mr. Stanton: This is happening time and again. Mr. Boyle: I wish to raise two issues. Perhaps the Ceann Comhairle can give us some advice on this issue. Mr. Stanton: The Bill itself is the issue. We do An issue arises in regard to the same Bill. not have time to examine it in detail. We only Changes in the law are envisaged whereby people have a weekend, in effect. It is not fair on who receive certain payments from the post office Members and the people we represent to do this. will have to do it within 12 days instead of the Do you have any ruling on this issue? current period of 12 weeks. An Ceann Comhairle: I have told the Deputy Ms Lynch: From tomorrow. what is the ruling. The convention is two weeks—— Mr. Stanton: It will come into effect tomorrow. This is causing much anguish to people. Mr. Stanton: It is two weeks. Does that mean—— An Ceann Comhairle: It would be better to raise the matter in another way in the House. An Ceann Comhairle: ——but there is nothing formal in place. If the House wants to put some- Mr. Stanton: Under what legislation will this thing formally in place, the Chair has been advo- measure be implemented? Will it be done by min- cating reform of standing orders for a long time. isterial order? Mr. Stanton: Will the Minister postpone the Mr. Brennan: It is expected to publish the hearing of the Bill in the House until we get a social welfare Bill tomorrow. chance to examine it?

Mr. Stanton: We have only three days to exam- An Ceann Comhairle: I call Deputy Boyle. ine it. Mr. Brennan: I cannot, because the increases Mr. Stagg: On the same point, a Cheann Comh- come into effect in April and the Bill has to be airle. That does not answer the question that has passed by the end of March. The Deputy is aware been legitimately raised by Deputy Stanton. of that. An Ceann Comhairle: The Chair intends to Mr. Stanton: Why did the Minister delay pub- answer that question when it gets a chance. lishing the Bill until now? Mr. Stagg: Is the Chair going to answer it? An Ceann Comhairle: We cannot have a An Ceann Comhairle: The convention is two debate on it. I call Deputy Boyle. weeks but there is nothing formal about the timeframe. Mr. Boyle: In support of Deputy Stanton, the two week convention referred to—— Ms McManus: So convention applies against us on the Opposition side but not in our favour. An Ceann Comhairle: We are not having a debate on the issue. We are moving on. I call An Ceann Comhairle: We cannot have a Deputy Lynch. debate on the matter now. Mr. Boyle: I have a second point in regard to Mr. Stanton: On that point of order, how are the MacEntee tribunal. As a point of order I we expected to examine and debate legislation wished to inquire about briefings to allow us to when we only have less than a weekend to do so? perform our job as spokespersons in this House. The Minister is offering a briefing—— An Ceann Comhairle: That is not a point of order. An Ceann Comhairle: That is not a point of order. Mr. Stanton: Can convention be enforced? You rightly very often enforce convention here. Can Mr. Boyle: It is how we do our—— you not act in this case to help Members in such circumstances? An Ceann Comhairle: The Deputy will have to raise that with the Minister in another way. The An Ceann Comhairle: If the Members wish to Minister, Deputy Brennan, is representing the devise a standing order on this issue, it is a matter Government this morning on the Order of Busi- for the House to implement it. ness. It is 11.30 a.m. and the House is complaining 1491 Finance Bill 2007: 15 February 2007. Allocation of Time Motion 1492

[An Ceann Comhairle.] An Ceann Comhairle: It is not being taken about no business being done but Members are tomorrow. We cannot discuss the content of the holding up business. Bill. It is 11.30 a.m. and the Deputy’s colleague, Deputy Burton, is waiting patiently. I would like Mr. Boyle: The issue will be raised in CPP. My to call her but if Deputy Lynch hogs the Chamber second question relates to the MacEntee tribunal we will move on to the next item. I call Deputy where the sole member has asked for a ninth Durkan. delay. The report is now meant to be published on 13 March next. On previous occasions when Mr. Durkan: The broadcasting Bill is listed for delays were given for this tribunal’s report the publication in the early summer. Is it necessary to Taoiseach made statements asking for an exten- bring that Bill forward in tandem with the Broad- sion of time and indicated when the report would casting (Amendment) Bill to provide for all the be made. Can the Minister for Social and Family requirements envisaged during e-consultation? Affairs give any assurance there will not be a tenth or eleventh postponement? Mr. Brennan: The Bill is set for early summer An Ceann Comhairle: That does not arise on 2007. That is the current position. the Order of Business. Mr. Durkan: That is the firm position. Mr. Boyle: It relates to a motion of the House. Ms Burton: I refer to the OECD report that An Ceann Comhairle: The Minister to reply on proposes to abolish the home carers tax credit. the Bill. An Ceann Comhairle: Does the Deputy have a Mr. Brennan: I do not have any role in that question on legislation? matter. Ms Burton: I refer also to the Social Welfare An Ceann Comhairle: I call Deputy Lynch. Bill. What is the situation regarding the proposal to have a lower rate of child benefit for parents Mr. Boyle: Previously the Taoiseach came to who remain at home? the House and moved motions for the extension of time. We have now been told, through the An Ceann Comhairle: It does not arise on the media, that there is a ninth postponement but Order of Business. We will proceed to item 12a, there has not been any mention of that fact in Finance Bill 2007, allocation of time motion for this House. select committees.

An Ceann Comhairle: Is a motion promised? Ms Burton: Will there be an opportunity to debate this matter? Mr. Brennan: We will consider the matter and come back to Deputy. An Ceann Comhairle: I call on the Minister for Social and Family Affairs, Deputy Brennan, to Ms Lynch: Under what legislation will the new move the motion. We will not discuss the report measure governing the collection of social wel- fare payments within a ten day period be now. introduced? Ms Burton: I am entitled to know if there will An Ceann Comhairle: I suggest Deputy Lynch be a debate on it. The Minister is nodding. submits a question to the Minister. An Ceann Comhairle: The Minister can nod all Ms Lynch: I am asking the Ceann he likes but he must obey the Standing Orders Comhairle—— like everyone else.

An Ceann Comhairle: It has nothing to do with Finance Bill 2007: Allocation of Time Motion. the Chair. I call Deputy Durkan. Minister for Social and Family Affairs (Mr. Ms Lynch: How do we find out—— Brennan): I move: That, notwithstanding anything in Stand- An Ceann Comhairle: The way to find out is to ing Orders: contact the Minister or submit a question. (1) The proceedings in the Select Com- Ms Lynch: If the Social Welfare Bill is being mittee on Finance and the Public Service taken tomorrow—— on the Finance Bill 2007 shall be brought to a conclusion in accordance with the fol- Mr. Brennan: It is being published tomorrow. lowing timetable:— 1493 Finance Bill 2007: 15 February 2007. Financial Resolutions 1494

tains the list of accountable persons for the pur- Date: Proceedings: To conclude poses of the scheme of withholding tax on fees not later for professional services, be amended in the than: manner and to the extent specified in the Act giving effect to this Resolution. Tuesday, 20th Chapters 1 and 2 (part) of 2 p.m. February Part 1 (sections 1 to 13) 2. THAT section 216A of the Taxes Consoli- Chapters 2 (contd.) and 3 5.30 p.m dation Act 1997 (No. 39 of 1997), which pro- (part) of Part 1 (sections vides for an exemption from income tax in 14 to 25) respect of relevant sums arising from a qualify- Chapter 3 (contd.) of Part 1 8 p.m. ing residence, be amended in the manner and (including sections 26 to to the extent specified in the Act giving effect 40) to this Resolution. Wednesday, Chapters 4 and 5 of Part 1 1 p.m. 21st (including sections 41 to 3. THAT section 664 of the Taxes Consoli- February 51) dation Act 1997 (No. 39 of 1997), which pro- Parts 2 and 3 (including 5 p.m. vides relief for certain income from leasing of sections 52 to 89) farm land, be amended in the manner and to Parts 4, 5 and 6 (including 8 p.m. the extent specified in the Act giving effect to sections 90 to 108) this Resolution. Thursday, Part 7 (sections 109 to 118), 1.30 p.m. 4. THAT Part 30 of the Taxes Consolidation 22nd the Schedules and the February Title Act 1997 (No. 39 of 1997), which provides for the tax treatment of retirement benefit schemes, retirement annuity contracts, pur- and where proceedings have not concluded chased life annuities, personal retirement sav- by the stated time, they shall be brought to ings accounts, approved retirement funds and a conclusion by one question, which shall be approved minimum retirement funds, be put from the Chair, and which shall, in amended in the manner and to the extent speci- relation to amendments, include only those fied in the Act giving effect to this Resolution. set down or accepted by the Minister for Fin- 5. THAT the Taxes Consolidation Act 1997 ance or a Minister of State, nominated as (No. 39 of 1997) be amended in the manner substitute on his behalf, and the question and to the extent specified in the Act giving shall dispose of all amendments addressed to effect to this Resolution to provide for the the Part of the Bill to which they refer. amendment of the provisions relating to the (2) Where a division is claimed on the pro- limitation on the amount of certain tax reliefs ceedings on the Finance Bill 2007, in the Sel- that may be used in a year of assessment by ect Committee on Finance and the Public certain high income individuals.” Service, other than on a question put as pro- 6. THAT Chapter 2 of Part 23 of the Taxes vided for in accordance with paragraph (1), Consolidation Act 1997 (No. 39 of 1997), which the taking of such division and the putting provides a regime of farming relief for of any question contingent thereon shall be increases in stock values, be amended in the postponed until— manner and to the extent specified in the Act (a) immediately before the time next giving effect to this Resolution. appointed for the putting of a question in 7. THAT the Taxes Consolidation Act 1997 accordance with paragraph (1), or (No. 39 of 1997), in so far as it relates to profits (b) in the event of such question not and gains arising from income from stallions, being put, when proceedings in Committee be amended in the manner and to the extent on the matters which would have been specified in the Act giving effect to this decided by the putting of such question Resolution. have been otherwise completed. 8. THAT section 1008 of the Taxes Consoli- (3) The Select Committee shall, in accord- dation Act 1997 (No. 39 of 1997), which pro- ance with Standing Order 85, send a message vides for the separate assessment of the part- to the Da´il in relation to the completion of ners in a partnership in relation to the profits its consideration of the Finance Bill 2007 not or gains of, and loss sustained in, the trade of later than Thursday, 22 February 2007. the partnership, be amended in the manner and to the extent specified in the Act giving effect to this Resolution. Finance Bill 2007: Financial Resolutions. 9. THAT Chapter 2 of Part 18 of the Taxes Minister for Finance (Mr. Cowen): I move the Consolidation Act 1997 (No. 39 of 1997), which following Resolutions: provides for a scheme of tax deduction at source from payments by principal contractors 1. THAT Schedule 13 to the Taxes Consoli- to certain subcontractors in the construction, dation Act 1997 (No. 39 of 1997), which con- 1495 Finance Bill 2007: 15 February 2007. Financial Resolutions 1496

[Mr. Cowen.] 18. THAT Schedule 15 to the Taxes Consoli- meat processing and forestry industries, be dation Act 1997 (No. 39 of 1997), which speci- amended in the manner and to the extent speci- fies a number of bodies that are exempt from fied in the Act giving effect to this Resolution. capital gains tax, be amended in the manner and to the extent specified in the Act giving 10. THAT Part 36B of the Taxes Consoli- effect to this Resolution. dation Act 1997 (No. 39 of 1997), which pro- vides an incentive scheme for those on low 19. THAT section 746 of the Taxes Consoli- incomes to reinvest their Special Savings Incen- dation Act 1997 (No. 39 of 1997), which applies tive Account (SSIA) funds into a pension prod- certain provisions of the capital gains tax code uct when their SSIA matures, be amended in for the purposes of charging gains on disposals the manner and to the extent specified in the of interests in offshore funds where the dis- Act giving effect to this Resolution. posals are made outside the State for the benefit of persons resident in the State, be 11. THAT section 172J of the Taxes Consoli- amended in the manner and to the extent speci- dation Act 1997 (No. 39 of 1997), which pro- fied in the Act giving effect to this Resolution. vides credit for, or repayment of, dividend withholding tax borne, be amended in the man- 20. THAT section 980 of the Taxes Consoli- ner and to the extent specified in the Act giving dation Act 1997 (No. 39 of 1997), which pro- effect to this Resolution. vides for the deduction, by the purchaser, of an amount in respect of capital gains tax from the 12. THAT Chapter 4 of Part 27 of the Taxes purchase price of certain specified assets where Consolidation Act 1997 (No. 39 of 1997), which a clearance certificate is not provided by the provides a regime for the taxation of certain vendor, be amended in the manner and to the offshore funds, be amended in the manner and extent specified in the Act giving effect to this to the extent specified in the Act giving effect Resolution. to this Resolution. 21. THAT section 96 of the Finance Act 1999 13. THAT Part 27 of the Taxes Consoli- (No. 2 of 1999), which provides for the rates of dation Act 1997 (No. 39 of 1997), be amended mineral oil tax, be amended in the manner and in the manner and to the extent specified in the to the extent specified in the Act giving effect Act giving effect to this Resolution to provide to this Resolution. new rules for taxing income or gains arising 22. THAT the duty of excise imposed by sub- from investments in personal portfolio invest- sections (1) and (3) of section 41 of the Finance ment undertakings. Act 1925 (No. 28 of 1925) on the registration 14. THAT section 730H of the Taxes Con- of a person in the register of firearms dealers solidation Act 1997 (No. 39 of 1997), which is be charged, levied and paid at the rates speci- the interpretation and application provision for fied in the Act giving effect to this Resolution the rules governing the taxation of certain in lieu of the rates specified in subsections (1) foreign life policies, be amended in the manner and (2) of section 159 of the Finance Act 1992 and to the extent specified in the Act giving (No. 9 of 1992). effect to this Resolution. 23. THAT an excise duty be charged, levied 15. THAT Chapter 5 of Part 26 of the Taxes and paid on firearm certificates granted or Consolidation Act 1997 (No. 39 of 1997), which renewed on or after 1 August 2007 in the man- sets out the taxation treatment of policyholders ner and to the extent specified in the Act giving of life assurance companies in respect of “new effect to this Resolution. basis business”, be amended in the manner and 24. THAT an excise duty be charged, levied to the extent specified in the Act giving effect and paid on firearm certificates for non-resi- to this Resolution. dents granted on or after 1 August 2007 in the 16. THAT Chapter 1 of Part 33 of the Taxes manner and to the extent specified in the Act Consolidation Act 1997 (No. 39 of 1997), which giving effect to this Resolution. relates to anti-avoidance and the transfer of 25. THAT an excise duty be charged, levied assets abroad, be amended in the manner and and paid on authorisations of rifle or pistol to the extent specified in the Act giving effect clubs or shooting ranges granted or renewed on to this Resolution. or after 1 August 2007 in the manner and to 17. That section 603A of the Consolidation the extent specified in the Act giving effect to Act 1997 (No. 39 of 1997), which provides an this Resolution. exemption from capital gains tax in respect of 26. THAT an excise duty be charged, levied a gain on the disposal of a site by a parent to and paid on firearms training certificates issued his or her child, be amended in the manner and on or after 1 August 2007 in the manner and to the extent specified in the Act giving effect to the extent specified in the Act giving effect to this Resolution. to this Resolution. 1497 National Development Plan: 15 February 2007. Statements 1498

27. THAT an excise duty be charged, levied 34. THAT Part 6 of the Stamp Duties Con- and paid on licences for reloading ammunition solidation Act 1999 (No. 31 of 1999), which granted or renewed on or after 1 August 2007 inter alia provides for relief from stamp duty on in the manner and to the extent specified in the the transfer of securities, subject to compliance Act giving effect to this Resolution. with certain conditions, be amended in the manner and to the extent specified in the Act 28. THAT an excise duty be charged, levied giving effect to this Resolution. and paid on authorisations to possess, use, carry, sell or expose for sale a restricted firearm 35. THAT section 86 of the Capital Acquis- granted or renewed on or after 1 August 2007 itions Tax Consolidation Act 2003 (No. 1 of in the manner and to the extent specified in the 2003), which grants an exemption from capital Act giving effect to this Resolution. acquisitions tax in respect of a house comprised in a gift or an inheritance, be amended in the 29. THAT in the Value-Added Tax Act 1972 manner and to the extent specified in the Act (No. 22 of 1972)— giving effect to this Resolution. (a) section 3, which relates to the supply 36. THAT Part 9 of the Taxes Consolidation of goods, Act 1997 (No. 39 of 1997), which contains the (b) section 5, which relates to the supply principal provisions relating to relief for capital of services, expenditure, be amended in the manner and to the extent specified in the Act giving effect to (c) section 7, which relates to waiver of this Resolution. exemption, (d) section 8, which relates to taxable Question put and agreed to. persons, (e) section 10, which relates to the amount National Development Plan: Statements. on which tax is chargeable, and Minister for Finance (Mr. Cowen): Iam (f) the Second Schedule, which relates to pleased to open this debate on the new national goods and services chargeable at the rate of development plan. The plan sets out a vision of zero per cent, how Ireland can be transformed over the next seven years and how we can provide a better be each amended in the manner and to the quality of life for all. It is an ambitious, fully extent specified in the Act giving effect to this costed, multi-annual blueprint for sustainable Resolution. development. It encompasses a broad and com- 30. THAT section 81A of the Stamp Duties prehensive approach to our economic priorities Consolidation Act 1999 (No. 31 of 1999), which but also to regional development, social inclusion provides for relief from stamp duty on the and environmental sustainability. transfer of land to young trained farmers, be The objective of a better quality of life for our amended in the manner and to the extent speci- people informs the national development plan. fied in the Act giving effect to this Resolution. This objective will be delivered in particular by the following measures and strategies in the plan: 31. THAT Chapter 1 of Part 7 of the Stamp an investment of some \88 billion in our econ- Duties Consolidation Act 1999 (No. 31 of omic and social infrastructure; a major prog- 1999), which provides for provisions applicable ramme of social inclusion measures costing some to particular instruments in relation to exemp- \50 billion over the period, including services for tions or reliefs from stamp duty, be amended children, the elderly and the disabled; a major in respect of transfers of land to young trained focus on environmental sustainability backed up farmers in the manner and to the extent speci- by total investment of \25 billion in key areas, fied in the Act so giving effect to this including a quadrupling of investment in public Resolution. transport over the levels in the last plan; a model 32. THAT section 83A of the Stamp Duties for regional development that, through the Consolidation Act 1999 (No. 31 of 1999), which framework of investment and complementary provides for an exemption from stamp duty on land use policy, can assist all regions to achieve the transfer of a site from a parent to a child, their potential and promote a better environment be amended in the manner and to the extent and quality of life; and strong and tangible all- specified in the Act giving effect to this island co-operation implemented in a co- Resolution. operative way to the benefit of all citizens on the island. 33. THAT section 92B of the Stamp Duties This national development plan, the fourth Consolidation Act 1999 (No. 31 of 1999), which since 1989, will build on the solid foundations of provides for residential property first time pur- its predecessors. It worth recalling the progress chaser relief, be amended in the manner and to we have made since we adopted, in response to the extent specified in the Act so giving effect EU requirements for Structural Funds assistance, to this Resolution. the process of formulating national development 1499 National Development Plan: 15 February 2007. Statements 1500

[Mr. Cowen.] Social Research Institute on the investment plans to progress this country’s development. priorities for the plan. The plan accords with the When the first plan was launched in 1989, unem- prioritisation recommended to capital investment ployment was at 15%, the national debt was by the ESRI, notably in areas such as transport. 107% of GNP and Ireland experienced net emi- The Government is of the view that the quantum gration of some 208,000 people in the 1980s. of investment required over the period is con- By contrast, the backdrop to the launch of the siderably in excess of that recommended by the new plan in January 2007 is one of virtually full ESRI. Accordingly, Government investment employment, a debt-GNP ratio of 25% and a under the plan is \2 billion per year higher than population increase of almost 609,000 over the that recommended by the institute. past decade. The three previous national develop- In determining the levels of Government capi- ment plans, funded in significant part by EU tal investment, the Government took account in Structural Funds, have played a significant role particular of the following key factors: the need in this remarkable turnaround. Investment under to decisively tackle economic and social infra- these plans, especially in employment creation, structure deficits, demographic projections which training, education and in infrastructure com- estimate a population of in excess of 5 million in bined with other successful economic, budgetary 2021, the window of opportunity in resource and taxation policies and underpinned by the terms; and the economic rate of return on infra- social partnership process, has helped transform structure investment. The Government believes Ireland. that the construction industry has the capacity Unlike its predecessors, the new national and flexibility to deliver the increased investment development plan has not been prepared to meet without causing an inflationary impact as EU requirements and thus draw down the limited occurred at the outset of the previous plan. amount of EU Structural Funds now available to Lessons have also been learned from programme Ireland. Nonetheless, the Government considers and project management problems which sur- that a new plan was necessary for the following faced in the early part of the previous national four reasons. We need a comprehensive, coher- development plan. Key implementing agencies, ent, costed and integrated investment blueprint such as the National Roads Authority and the that sets out how we will deliver sustainable econ- Railway Procurement Agency, have had signifi- omic and social development into the future, cant enhancement of resources and are now well thereby improving quality of life for all. We need geared to deliver the programmes and projects in to send a signal to private sector investors, both the new plan. Recent experience, especially in the indigenous and international, that Ireland has a transport area, is very positive in this regard. comprehensive blueprint for investment in areas The plan was the subject of extensive consul- that will influence and impact on their commer- tation involving submissions from and meetings cial decisions. with social partners, regional bodies and other Public bodies also need medium-term policy interested groups. This consultative process over- and financial frameworks within which to plan whelmingly endorsed an ambitious level of capi- investment. We need to promote balanced tal investment in the new plan. The plan launched regional development and promote environmen- by Government shows that account has been tal sustainability and underpin all-island co-oper- taken of the priorities and concerns raised in the ation. Finally, we need to demonstrate to tax- process. The plan also contains provision for com- payers that there is a comprehensive plan in place mitments under Towards 2016 and sets out a new that will invest their money on strategic priorities multi-annual integrated blueprint for the imple- and will do so in a value for money manner. mentation of these and other commitments. The plan will involve an estimated expenditure The new plan adopts a whole-of-Government of \184 billion over seven years. This investment and cross-departmental perspective to resource will be rolled out within a framework of economic allocation, following the successful format which and budgetary stability and in full compliance has been the hallmark of previous EU-funded with the requirements of the EU Stability and plans. The plan sets out an integrated strategy Growth Pact. The economic framework under- under the five priority areas of economic infra- pinning the plan assumes annual average econ- structure; enterprise, science and innovation; omic growth over the period of 4-4.5% and it is human capital; social infrastructure; and social affordable on that basis. inclusion. An investment of \54.7 billion in econ- The period to 2013 represents a major window omic infrastructure will include the completion by of opportunity in resource terms to tackle our 2010 of the major inter-urban road routes; signifi- infrastructure deficits before population-related cant enhancement of the Atlantic road corridor; expenditure pressures in health and pensions a quadrupling of investment in public transport appear on the horizon. We must use our favour- compared with the previous plan, including major able demographic situation to boost the pro- expansion in rail capacity in the greater Dublin ductive capacity of the economy to meet the long- region and enhanced rail services outside the term demographic challenges. The Government greater Dublin area; 15% of electricity supply will commissioned a study by the Economic and be generated from renewable energy by 2010; and 1501 National Development Plan: 15 February 2007. Statements 1502 significant ongoing investment in the electricity regional planning guidelines adopted, the network is envisaged. national development plan provides the specifics Some \20 billion will be invested in the pro- in terms of programmes and resources to motion of enterprise, science and innovation and implement the vision of the spatial strategy. will include a radical enhancement in the quan- We need to invest to assist all the regions to tity, quality and commercial use of research and reach their potential. Lopsided economic growth development. There will also be investment in which sees the capital and its hinterland as the potential start-up and growth-potential compan- primary driver of all activity is not in anybody’s ies. We intend to invest in attracting more tourist interests, least of all those of the people of Dublin visitors; and a more efficient, competitive and and its surrounding counties. Balanced regional environmentally friendly farming sector and agri- development is a precondition to sustainable food sector is a necessary objective. national development. If we are to enjoy a high A total of \25.8 billion will be invested in train- quality of life alongside, and in support of, a high ing and education under the human capital level of national income, every region and every priority. This will support the continuing up-skil- community must be able to reach its potential for ling of the workforce and improvement of success. It is vital to delivering a better quality of employment prospects for groups such as lone life for all. parents and people with disabilities, the provision While recognising the importance of main- of new schools in rapidly developing areas and a taining Dublin as Ireland’s international gateway, comprehensive information and communications the plan sets out an investment strategy for the technology programme for schools are planned. development of the other gateways with a view There will be a further increase in the numbers to promoting better balance in economic attending third level colleges, especially from dis- development. This approach is about a better advantaged areas and there will be major reform quality of life for citizens in all regions, including and modernisation in the third level sector. the greater Dublin area. The plan sets out invest- A sum of \33.6 billion will be invested in the ment priorities in each of these gateway areas. area of social infrastructure to include 60,000 new This investment will be complemented by appro- social housing units and 40,000 new affordable priate planning and land use strategies to maxi- housing units as per the NESC report; 500 mise the sustainable impact of these and other primary care health teams will be established by investments. In this way the regional develop- 2011; there will be an expansion of the range and ment strategy will complement the goal of quality of sports facilities throughout the country, environmental sustainability. We must optimise including the Lansdowne Road and Abbotstown the use of our improved infrastructure. In part- projects; and there will be nationwide investment icular, we must promote settlement trends that in arts and cultural facilities, including a new allow people to live nearer their workplace and National Concert Hall in Dublin and a new have access to excellent public transport, schools National Theatre. and other facilities. Approximately \50 billion will be provided to A special gateways innovation fund will be promote social inclusion, particularly for the established to assist development of the gateways creation of an additional 50,000 new child care in line with the spatial strategy’s framework. An places by 2010, and there will be progress towards initial \300 million is being provided by the the target of halving the proportion of children Exchequer for 2008-10 for this fund. This funding with serious literacy problems in primary schools is intended to leverage significant additional serving disadvantaged communities. We will seek funding from the private sector and or other parts to assist 7,000 additional people with disabilities of the public sector so that the total quantum of into employment by 2010 and to provide an investment will be greater than the Exchequer additional 550 teachers as language support for contribution. The fund will finance local infra- the integration of migrants. A total of \9.7 billion structure such as urban regeneration projects, will be provided for older people, both to support transport initiatives, in addition to those under them living independently in their own homes Transport 21, and quality of life projects. A key and, when they can no longer live at home in consideration will also be the existence of close independence and with dignity, to support the co-operation between local authorities in gate- provision of high quality residential care. way areas. The plan also sets out a strong framework and The regional development strategy will support commitment to investment in key horizontal and complement the development of the rural policy areas including regional development, economy. The plan sets out a general framework rural economy, all-island co-operation and and key initiatives to develop the rural economy. environmental sustainability. The regional The broad objective is to sustain the continuing development strategy set out in the plan will give process of growth and diversification in rural a major impetus to the implementation of the areas. Priorities include enhanced accessibility, 2002 national spatial strategy, although invest- communications infrastructure and activation of ment under the previous plan also reflected, and potential in areas such as local enterprise and was consistent with, that strategy. With the services, tourism and the natural resource sectors. 1503 National Development Plan: 15 February 2007. Statements 1504

[Mr. Cowen.] which was a source of dissatisfaction as expressed Key plan interventions to assist the development in the consultation process. The emphasis will be of the rural economy will include investment in on efficient delivery and transparent reporting. A the modernisation and enhanced competitiveness key new feature is the formal submission of an of the farming sector; the roll-out of broadband annual report on plan progress to the Houses of in rural areas, particularly those areas where the the Oireachtas. commercial provision of broadband would other- The plan can only become a reality if the econ- wise be uneconomic; investment in non-national omy generates the necessary resources. The suc- roads and rural water services; and an expanded cess of the plan will be determined by the con- rural transport initiative. tinuation of sound economic and budgetary The promotion of environmental sustainability policies. A strong economy is the bedrock on is a more central theme in the new plan than in which this plan can be built. That is why the previous plans. The framework for action in this Government is emphasising the importance of area is set out in Chapter 6. We face major continuing the successful and stable economic environmental challenges over the period of the and budgetary policies of recent years. plan and beyond, including climate change, waste This plan addresses Ireland’s current develop- management and the maintenance and improve- ment needs directly. It sets out a roadmap for the ment of water quality. The plan provides for next phase of our country’s transformation and investment of some \25 billion in programmes will deliver a better quality of life for all our which will directly protect the environment. We people. Its implementation will help to secure our are more than quadrupling public transport prosperity and make Ireland a better country, investment as compared with the period 2000-06. with stronger communities throughout the island. Other key investments in the context of the We have the plan and the resources. We must climate change challenge include a major commit- now proceed with the work of delivery, thereby ment to the promotion of renewable energy improving the quality of life for this and future sources for efficient energy use. This is com- generations. plemented by the regional development strategy based on a land use strategy which will be more Mr. Bruton: There can be no doubt regarding environmentally sustainable. the level of need in the context of building a suc- The plan sets out a major new proposed frame- cessful infrastructure for the future. In every area work for all-island co-operation. The plan con- one might care to mention, be it buses, houses, tains proposals for significant Irish Government hospitals, ports or schools, there are huge needs investment in North-South projects, notably in and these continue to grow. The real issue that the transport area, and initiatives for mutual arises in respect of the NDP is whether the benefit. The Government wishes to agree and Government has the capacity to deliver. Judging implement these with the British Government by its record, one would have to strongly question and a restored Northern Ireland Executive in the its capabilities in that regard. For example, the period 2007-13. Government produced the health strategy in 2001 Value for money is also a central theme in the and less than 30% of it has been delivered to delivery of the planned investment. Most of the date. Less than 40% of the targets relating to the capital projects, notably in the key area of trans- housing strategy produced in the context of the port, are being delivered on or below budget and, previous NDP and other policy statements have in some instances, ahead of schedule. Building on been met. Up to last year, less than 50% of the this performance, all expenditure under the projects under the roads programme had been National Development Plan 2007-2013 will be delivered. Less than 25% of the commitments subject, as appropriate, to a robust value for relating to the programme of PPPs introduced in money framework. Among the key elements of the previous NDP have materialised. Only 40% this framework are that all projects will be subject of what we were promised under the water prog- to project appraisal, all capital projects over \30 ramme has been delivered. In the area of e-com- million will require a full cost benefit analysis, the merce, only 15% of what was envisaged has been introduction of new procurement arrangements delivered. Ireland is now one of the worst coun- which will deliver greater cost certainty and eval- tries in Europe in the context of access to broad- uations under the value for money and policy band as a result. The list goes on. Less than 7% reviews will be published and submitted to the of the commitments made under decentralisation relevant select committees of the Oireachtas. In have been met. the coming period, my Department will be elab- Where are the grounds for believing that the orating on the monitoring process to be put in Government has suddenly changed and that it place to measure progress under the plan. We can deliver strategic planning when it has failed envisage a streamlined, focused approach to do so for a decade? It has also failed to deliver whereby progress can be readily assessed by ref- in areas of great importance, such as health and erence to relevant financial and physical indi- housing, to the people we are here to serve. cators. We will avoid the bureaucratic, commit- This plan is not a gift from the Government. It tee-laden reporting process under previous plans, will be funded, in its entirety, out of taxpayers’ 1505 National Development Plan: 15 February 2007. Statements 1506 money. Approximately \120,000 for every family ures indicate that approximately \5 billion in tax- will be invested in the plan. That is a substantial payers’ money was used to fund the reliefs to amount. A major change is required in the way which I refer. The subsequent cost-benefit analy- strategic planning is carried out in order that we sis — I give credit to the Minister for undertaking will not look back in five or six years and behold this — showed that much of this money was the same litany of failed promises that marked wasted. the end of the previous NDP. The review of the previous plan, which is con- There is a serious lack of strategic vision under- tained in its successor, does not, by any stretch of pinning the Government’s approach to planning the imagination, represent an honest appraisal of in areas in which we face major challenges. Any- what happened on the last occasion. It reads one who engages in even a casual examination of more like a PR brochure than anything else. For the economic situation could not fail to perceive example, reference is not made to underperform- the looming challenge we face in remaining com- ance on projects, failures in respect of cost con- petitive. A total of 50% of IDA Ireland and trol, the failure to carry out proper cost-benefit Enterprise Ireland jobs that were in place five analyses in order to rank projects and apply a years ago have since disappeared. That is a mass- strategic framework in respect of the choice of ive rate of attrition. There has been a decline in such projects, the manifest failure to put in place manufacturing and the once unassailable accompanying policy change in some areas to elements of manufacturing, such as Pfizer and ensure we obtained value for money from the Motorola, are being affected. Huge infrastructu- investments made, or the fact that the national ral gaps are emerging and we have fallen behind spatial strategy arrived as an afterthought. As the in areas that are crucial to our competitive sec- ESRI’s mid-term review illustrated, no change tors. The National Competitiveness Council out- was made to the strategic direction of the NDP lined some of the areas in which we are lagging after the spatial strategy was introduced. These and its statistics are startling. Out of 30 countries, are serious issues and I do not know how it was Ireland is 28th in respect of port infrastructure, possible to produce a chapter which was sup- 26th in respect of energy infrastructure and 23rd posed to review the past but which failed to in respect of broadband infrastructure. These address any of them. If we are to learn anything, infrastructures, which are the responsibility of we must examine the mistakes that have been Government, are the bases on which we seek to made. There is no evidence that the latter has compete. Ireland has not, despite the Minister’s happened. boast regarding \55 billion of investment in infra- In my view, a new NDP must operate within structure, kept pace with other countries and has, an entirely new framework. As stated previously, in fact, lost ground. we must publish the cost-benefit analysis before We have also failed to address the serious stra- we commit to allocating the funds. The Minister tegic challenge of breaking the link between is wholly wrong in keeping information in this economic growth and increases in carbon emis- regard secret. There must be a gateway system sions. This matter was highlighted again recently under which people will be held accountable for when the latest figures showed that Ireland’s the performance of these projects. This must be emissions are increasing more rapidly than those done in public in order that we can see what is of any other country. We have manifestly failed happening. to deliver on our Kyoto commitments. In A new set of strategic priorities is required. I addition, we are repeating the worst errors of do not see any evidence that breaking the link urban sprawl. The Minister stated we must make between carbon emissions and economic growth, changes in this regard but the Government has addressing the decline we are experiencing in not put forward any solid policy changes that will competitiveness or planning sustainable com- transform patterns of development. Developers munities are to the fore in this plan. No strategic choose the cheapest greenfield sites, pay no thinking has been done in respect of these regard to the lack of transport infrastructure and serious challenges. commit people to endless commutes that are It is extraordinary that under the programme extremely burdensome in terms of resource use. for climate change contained in the plan, only one In so far as the Government has done anything, sub-programme of investment is mentioned, it has been to encourage more one-off devel- namely, the \270 million to buy opments, which it knows run contrary to what it 12 o’clock carbon credits. In other words, the is supposed to be promoting under a policy that only purpose of this programme is to addresses the issues of urban sprawl. delay the serious decisions that must be made in The Government permitted tax reliefs that did this area. In the meantime, areas in which there not focus on strategic priorities to remain in place are many opportunities to perform better are in the construction sector long beyond their sell- being left unfunded. by dates. No cost-benefit analysis was carried out We must get to grips with this matter in a way until the Minister entered office. The Govern- that the Government has failed to do. This is a ment allowed these reliefs to remain in place for major global challenge and the countries that are at least five years too long. The most recent fig- slow to respond — Ireland is proving to be one 1507 National Development Plan: 15 February 2007. Statements 1508

[Mr. Bruton.] 1% of their turnover to research and develop- of them — will pay a much higher cost. There is ment where best practice would indicate it should a clear advantage for those who move quickly to be close to 4%. Irish companies are not much respond to these challenges. However, nothing is better in that regard. We must drive the notion happening in that regard in this country. We have that industry and networks of employers must be made no efforts to make our patterns of develop- at the heart of these research and development ment sustainable. Under those patterns of strategies. It is all very well to fund programmes development, approximately 500,000 homes were in universities but we must ensure that trickles built in the past decade. The level of emissions down to where it is needed but we have failed per house, even when one adjusts for climate, is in that regard. A recent Competitiveness Council almost double the EU average. The emissions per report stated we are one of the only countries car are 50% higher than the European Union that has seen a deterioration of the linkage average. Despite our natural advantage in renew- between the ivory towers-type university and ables we are trailing in the development of enterprise in research and development. We have renewables. There is no evidence that the deteriorated while all the other countries are Government is addressing this in a serious or con- improving. certed way. The plan states that the Government The other major challenge is broadband cover- wants all developed countries to commit to a cut age. The metropolitan area networks have not from 50% to 30% by 2020. It is hypocritical to achieved the reach intended. They are not reach- call for that when we are not taking the measures ing ordinary homes. They may be available to at home that must be taken to address that multinational companies in these towns but they problem. are not getting the broadband reach. Northern We must get real on this issue. Firm targets Ireland made the investment and decided to opt must be set as to what we will achieve and for 100% coverage. There are no new ideas in decisions must be made such as, for example, that this national development plan about how we will on the interconnector. There is no public money achieve broadband coverage on the required committed to the interconnector. Everyone scale. Everyone realises we cannot continue to lag knows that is the key to expanding the renew- at the bottom of those league tables. ables in our generation sector but there is no I am disappointed in this NDP. There is much commitment to the date or the money. Reference that is welcome. No one will complain about com- was made to 2012 but there is no explicit commit- mitments to social and affordable housing or any ment of funds. of the other areas but we must get the framework Energy research will be a key element if we right. We must build social and affordable houses want to make our homes, traffic and systems in sustainable communities and we must have more energy efficient. Less than \1 in every \40 strategic thinking about the development of goes to energy research. It is near the bottom of areas, including schools, but that has not the list. The Minister referred to the shift to happened. public transport but under the next programme On the strategic development zones, about five times as much money will be spent on road which Deputy Burton would know more, Adams- as on rail. We must set serious targets, which are town is the only case where the SDZ power has absent, and have policies linked to those targets. been used. We are not using the planning frame- That thinking, which is the core to a proper work we passed in this House to impose the strategy, is not in evidence in the plan. coherent and sustainable patterns of development we need. Competitiveness is the other major area we This is a case of one cheer for the NDP. I wel- must square up to but I do not see it in this plan. come the investment commitment but we have There is reference to all the traditional sectors much to learn about taking a strategic approach taking the lion’s share of moneys that will go to the use of public money, ensuring we deliver under enterprise, research and innovation fund- value for money and the necessary changes in key ing but there are no plans or programmes for the areas. We must face up to the challenges in com- areas where we must look to the future — finan- petitiveness and climate change early. If we do cial services, software, biotechnology, audiovis- not, we will face them at huge cost. ual, nanotechnology and so on. Those are the areas where we ought to develop the programmes Ms Burton: I wish to share time with Deputy of the future that will provide employment for Quinn. the young people in our schools now. Instead, the programmes are for long-established sectors and An Leas-Cheann Comhairle: Agreed. they dominate the moneys. On the research funds, it is right that we should Ms Burton: I understand the launch of the invest more in this area but only \1 in every \5 national development programme cost in the of the research budgets the Government is pro- region of \300,000 for the brochures and leaflets viding will be for enterprise-led research and accompanying the plan. At the staging of the innovation. That is the defect because even launch, we saw the ambassadors to Ireland, the foreign owned companies are devoting less than social partners, the great and the good lined up. 1509 National Development Plan: 15 February 2007. Statements 1510

It reminded me of the politburo in the 1950s now has the highest cost of living and we are joint when they lined up to listen to the next great five second in the euro inflation league with Slovenia, year plan. If there was an official artist to the behind Greece and drifting upwards. Government, as in Stalin’s day, the artist would Neither were there carbon costings to the plan. paint the event in all its glory. Ireland faces a serious challenge with carbon The national development plan is a collection costings. In 2013, at the end of this plan, the full of party political election promises dressed up in impact of our Kyoto agreements will kick in. The the language of national rather than party targets. \270 million set aside in the plan will be peanuts At 400 pages, it is probably the longest election compared to the penalties we will incur unless we leaflet in the history of the democratic world. As get our act together. Before the budget, I put for- election leaflets go it is pricey, at \300,000, but ward a proposal that all public spending should despite containing 400 pages of electioneering, be carbon-costed for its carbon imprint. The surprisingly, it has less than ten pages of costings. Minister will be aware of the notion of examining In that context it should be judged as a political the carbon footprint. He is Minister Bigfoot when document because its motivation and timing is it comes to the size of the carbon footprint he is entirely political. leaving. Ultimately, the taxpayer foots the bill for We should bear in mind that if the previous Kyoto fines. If the Kyoto process is expanded, national development plans and the proposals of Ireland may face charges that could well consti- Ministers opposite had been believable in terms tute a new and severe national debt on our chil- of the rhetoric delivered, we would have a func- dren and grandchildren. This is not included in tioning metro serving the airport, which was the plan. announced for 2007 by the then Minister, Deputy Who is Mr. National Development Plan? Is Brennan. We would have the longed-for reorgan- there a plaque in the Department of the ised functioning hospital system. We would have Taoiseach, the Department of Finance or the a decentralised public administration in addition other various Departments which states the to the hubs, the gateways and so on, all of which responsibility for the national development plan were promised for 2007. The guarantee given for stops here? Are there rewards if matters go well the 90th anniversary of the rising that all children or punishment and change if not? There is no evi- under nine would be in classes of 20 or fewer dence of who has ultimate responsibility for the would be implemented. That was another target plan. for 2007. Our young people would have the Of the \184 billion proposed spending over the reasonable expectation that they could aspire to next seven years, some \78 billion or 42% of the buying a home of their own. After nine and a total expenditure, is capital spend on infrastruc- half years of Fianna Fa´il-Progressive Democrats ture, the real meat in the sandwich. That is what Government, much of the nation’s infrastructure, will allow us to buy and spend on a functioning to quote the letter the Taoiseach wrote to public transport system, improving the hospital Brussels on the Civil Service, is not fit for infrastructure and addressing the carbon fund purpose. issues. It will allow us to address issues such as On the costing and funding of the programme, ensuring a couple or single person, working and we debated the Moriarty report yesterday. Do the paying tax, can look forward to purchasing a Taoiseach and Fianna Fa´il operate in a world of home. blank cheques? The crucial difference between Social housing, public health and education all this plan and others is that it is the taxpayer who feature in the plan but after ten years of a Fianna will foot almost the entire bill. I note the Minister Fa´il-Progressive Democrats Government, we now acknowledged that today when he stated the plan have the first well-educated and hard-working does not have to be approved by Brussels. There young generation, on modest and moderate has been no external evaluation of the costings incomes, who cannot purchase a home. This gen- and the reasonableness of what is contained in eration are up at six o’clock in the morning and the plan. The plans in 1989, 1994 and 2000 were returning home at seven in the evening. That gen- effectively submissions to the European Union eration’s work ethic leaves that of many Members on the way Ireland planned to spend EU money in the shade. Although they belong to a hard- within a Community support framework. That work culture, where does the plan state young does not apply now. people can reasonably expect to have a home There are no seven year tax projections in the while the builders and developers are coining it? plan. I asked the Minister about that and he gave What about those parents of children of four me tax projections for the next two years. I was years of age in west Dublin, Meath and Kildare delighted to find they were largely in line with who ask me where will their children go to the projections the Labour Party used at the con- school? ference at the weekend about which the Mini- What is the Minister’s response to the recent ster’s colleague, the Minister for Defence, report published by Urban Forum? It correctly Deputy O’Dea, appeared to have a problem on stated that a series of high speed rail links “Questions and Answers”. An inflation impact between Dublin, Cork, Galway and Limerick are study should have been done because Ireland needed. Where is the visionary thinking that will 1511 National Development Plan: 15 February 2007. Statements 1512

[Ms Burton.] sections in local authorities. There is no connec- stabilise the growth of the Dublin region and tion between the Department of Health and Chil- improve the growth of other major cities? The dren and the provision of health facilities ahead plan implies that the decentralisation programme of demand. announced by the former Minister for Finance, The key revealing phrase that has bedevilled Charlie McCreevy, is dead. There is a proposal successive Administrations is contained in the for renewed centres and gateways but the flesh report. It states: on the bones of the proposals is weak. Labour, as part of an alternative incoming . . . removing the remaining infrastructure Government, will go through the plan to deter- bottlenecks that constrain our economic mine what is in the public interest and what is development and inhibit balanced regional socially just and equitable. The plan will need development and environmental sustainability. dramatic revision to develop the country to the It is the bottleneck culture that has created the standards our young people deserve. monster referred to by the Urban Forum. We are following the traffic jams. As Dublin expands Mr. Quinn: The Minister for Finance must be further, more land is released for development. disappointed so little attention is being paid by The plan must be fundamentally reviewed. The the House to the national development plan. I Department of Finance must recognise that its would like more time, before and after the elec- method of integrated physical planning has failed. tion, to debate the plan. There is no synergy and it must be reconnected. I am saddened we have learned nothing from Is the Department of Finance the right body to the first national development plan. The new plan act as the financial controller and the innovator fits into the straitjacket of the expenditure pro- of the plan? That is an inherent contradiction and files that Brussels demands. It has even adopted it does not work. a seven year timeframe, which is an arbitrary The global climate conditions in which the plan timeframe related to the EU budgetary process was formulated have dramatically changed. The and not to Ireland’s needs. This is not a plan but plan does not refer to the Stern report or the UN a series of programmes of expenditure. The plan scientists’ report on global warming. It does not contains three maps of a loose and non-indicative refer to the unsustainability of current develop- kind. Is it possible to examine an overall map of ment trends. The plan represents an unsus- the integration of all local authority development tainable economic and physical model unless it plans in the Department of Finance? Is there a is radically altered. I do not know whether the collective picture of what Ireland might look like Minister intends to review this or how that might if those plans were implemented in the next five be done. years? If the Minister cannot answer these ques- The document comprises a series of prog- tions, then it cannot be called a plan. ramme spending proposals but there is no As Deputy Burton has pointed out it seems no accountability or methodology for assessing one is in charge. Is it listed in the IPA yearbook results. There is no indication, for example, that or any other directory? The Department of the Taoiseach is supposed to have nominal responsi- the Department of Education and Science will be bility for the plan. Deputy Martin, when Minister informed in advance when new roads are being for Health and Children, indicated that the real constructed. There is no mechanism whereby that project manager of the implementation of the Department could be informed of planning per- plan is the Taoiseach. However, he is a busy man missions for new housing so that it will not be and project implementation at this scale is a full- surprised, four or five years later, that 300 or 400 time job. young children need places in local schools. The main reason Members on this side of the There is no initiative to link such issues. That les- House are critical about this massive amount of son was clearly not learned from the last plan. expenditure is the failure to properly implement I hope my party, Fine Gael and the Green the last plan. The main reason for that lay in the Party will be in government after the next elec- lack of project management. The Minister tion so that we can completely rewrite this plan claimed the NRA had got its act together and in a manner that makes sense in the context of improved its project management. It will, present needs and the wonderful background of however, not get its act together until it com- limitless resources the current Government municates with the Departments of Health and enjoys. Managing those resources in the wrong Children and Education and Science and the way introduces unlimited costs that will be unsus- energy sector. Some 42% of the plan is capital tainable into the future. expenditure. The synergy required for such large scale projects will not be created unless the plan- Mr. Boyle: I propose to share time with ning of the expenditure is connected between the Deputies Healy, Catherine Murphy and Crowe. various agencies involved. There is no connection between the plans of the Department of Edu- An Leas-Cheann Comhairle: Is that agreed? cation and Science and population forecasting Agreed. 1513 National Development Plan: 15 February 2007. Statements 1514

Mr. Boyle: This debate is inadequate, con- usual. Despite the Minister’s boast, there is no sisting merely of statements and no motions. give on environmental sustainability. It is merely Given the scale of the plan and the proposed ra´ime´is and public relations talk. That the Mini- expenditure, a two-day session should have been ster for the Environment, Heritage and Local allocated, including a vote on a motion. This Government repeats this ra´ime´is shows that the would impart a sense of ownership that what is Government’s interest in the environment and before us has been scrutinised to some extent. sustainability is merely a cynical exercise in What the Government has presented as a reheating press releases about actions it has not national development plan falls far short of such. taken and continues not to take. This is a nakedly political document, the longest Although the proposals to finance infrastruc- election manifesto in the history of Irish politics. ture spending in Northern Ireland are welcome, For this reason, it must be treated cynically. why are all those infrastructure links based on There has been no meaningful engagement with roads? Why does the national development plan social and political actors. This is the plan of the not seek to enhance public transport links Fianna Fa´il-Progressive Democrats Government; between the two parts of this island? The it is hardly a plan of the Irish people for the Irish Government still does not understand what sus- people. That would become more clear if we were tainability is all about and how it can be achieved. to have an effective debate. This, above all else, is the reason that the people What was presented by the Minister in his will make the decision to elect a new Govern- speech as a fully costed document is nothing of ment. This is a flawed documents that fails to the sort. A recent question I put to him on the meet the needs of the State in the coming decade. lack of a strategic environmental assessment of the plan, something that is a feature of the Mr. Healy: I do not have sufficient time to national plans of other EU countries, met with address this plan in any substantial way. Instead, the response that such was not required because I will address a local issue that arises from this the costings were purely indicative. The Minister plan and its predecessor. I am sure I will be cannot have it both ways. It is either a fully costed accused of being parochial but I make no apology document or it is purely indicative. This is the for that. flaw at the heart of the plan. The assessments that I make a plea to the Minister for Finance on underline it in terms of future inflation trends behalf of the people of Carrick-on-Suir, which mean that the total figure of \184 billion will was absolutely abandoned in this and the pre- likely be exceeded. vious plan. Some 890 people are unemployed in The main problem with the Government’s pro- Carrick-on-Suir — an unemployment rate of posals is that the balance which the last national 25%, or six times the national average. The Mini- development plan failed to put in place is also ster’s party has been in government for 18 of the missing in this plan. The underspend on regional Past 20 years and this is simply not good enough. development in the last plan was disgraceful. The Despite the hundreds of billions of euro allocated imbalance in terms of transport infrastructure is under this and the last plan, 890 people are unem- a price we continue to pay. The Minister may ployed out of a total population of 5,000. This point to the figures for the roads and public trans- is unacceptable. port elements of the plan. An examination of the I ask the Minister to prioritise Carrick-on-Suir proposals for public transport, however, show by creating a jobs task force that will help put they are not being brought forward as a mechan- some of these people back to work. They were ism for improving regional development. There is annoyed recently when the Minister for Social little in the national plan that allows public trans- and Family Affairs suggested that they should port infrastructure to be developed in Galway, start signing on for training at an earlier date. Limerick and Cork. The summary document of These people are blue in the face from signing on the national development plan contains the leg- for training. They want the Government to create end, in the second sentence about public trans- employment for their town. We cannot allow the port, that the money will be spent especially in situation to continue where there is a rate of 25% the greater Dublin area. How can a Government unemployment in a small town like Carrick-on- present a national development plan that con- Suir. tains such clauses? The Government either believes public transport is something the entire Ms C. Murphy: I absolutely support planning country needs or it will continue to make the mis- that is effective in the sense that there is a con- takes it has made in the last ten years. nection between where people live, how they I repeat calls made by other speakers in this travel and the support services available in their debate that this can only be seen as a working communities. This plan, however, essentially document. If and when a new Government is offers a system of individual development plans established, once the people have been consulted, on a county-by-county basis. I cannot see any there are many elements of this plan that must be relationship between those individual plans and modified or deleted. The essential factor is that the delivery of critical services. There are lists of this development plan represents business as schools, public transport projects and other com- 1515 National Development Plan: 15 February 2007. Statements 1516

[Ms C. Murphy.] structure and a system of pre-school education munity projects, but the only amenities that are which these new parents need. delivered are those that are attractive to the While action to tackle climate change has market. It is basically a system of development begun to be taken elsewhere across the globe, this with some planning controls rather than a system Government has again done almost nothing. of planning. Urban sprawl has accelerated and we have Unless we deal with the underlying problem, become a society ever more dependent on cars. we will not find a solution. The definition of mad- Traffic congestion is choking this city and the ness is taking the same action repeatedly and recent upsurge in emissions output has been expecting a different result. I do not have any linked to the transport sector. expectation that this plan will be delivered in full Employment remains concentrated in the because it offers no change in how we plan and Dublin region and we are precariously over implement development projects. If changes are dependent on foreign multinationals. Our com- not made to rectify the pattern of non-delivery, petitiveness is being undermined by the failure to costly overruns and time delays that were a fea- roll out key communications infrastructure, ture of the last two development plans, we will namely, broadband, as a consequence of the priv- not reach a solution. atisation of Eircom. Our manufacturing base con- The largest single public transport initiative in tinues to decline with the food sector coming the greater Dublin area is the interconnector. under increasing pressure from foreign multiples. Provision is made for this in the plan under Privatisation is also a part of this plan. It is pro- Transport 21 but there is no expectation it will be posed that public private partnerships comprise delivered for a further two years after the plan is 39% of spending on public transport. Such part- completed. I see no reason that key public trans- nerships make no economic sense if a structure port component, which would make such a differ- delivered in this way costs more and takes longer ence to Dublin and the surrounding counties, to deliver because of the complex procurement cannot be advanced. procedures. Child care is heavily dependent on building As we look at this plan, we cannot be expected facilities but the underlying costs have not been to forget that many of the targets in the previous addressed. Schools are provided on the basis of NDP were not achieved on time or on budget, crisis management. In the area of disability, an that many programmes remain unfinished and amount of money has been identified without an that it failed, in particular, in respect of the objec- assessment of what we need to spend to give tive to achieve balanced regional development people the rights to which they are entitled and, and tackling inequality. The latest UNICEF fig- in many cases, to turn them into taxpayers. ures, which rank Ireland 19th out of 21 industrial- ised countries in respect of the proportion of chil- Mr. Crowe: Transforming Ireland — A Better dren who experience poverty and hardship, Quality of Life for All is ironic when one con- confirm the findings of other reports. The gap is siders that for many people, their quality of life widening between rich and poor and Ireland is has not improved significantly during the one of the most unequal societies in the world. Government’s time in office. That is why the new Other speakers spoke about the all-Ireland national development plan and all its promises dimension to the plan. Sinn Fe´in lobbied for an must be approached with extreme scepticism. increased focus on cross-Border development. People’s quality of life has not improved precisely We look forward to the implementation of com- because of a failure to manage economic growth mitments such as re-opening the Ulster Canal and and to plan for, and meet, the needs of a chang- the construction of the bridge at Narrow Water ing State. for which Sinn Fe´in has actively campaigned. There has been a failure to make the necessary While the plan is not a genuinely national, fully interventions to prevent urban sprawl and to integrated all-Ireland development plan, which ensure employment is created outside the greater we would like, this must be a goal for any future Dublin area. Delivery of infrastructure has been plan. delayed by the insistence on using public private partnerships. The sell off of State assets has con- Minister for Finance (Mr. Cowen): I thank tinued apace regardless of the future implications those who contributed to the debate. We have a for the State’s strategic interest. While the popu- sustainable and achievable framework. Prog- lation has expanded rapidly, public services, such rammes in the past were maintenance rather than as health, education and public transport, have capital ones. We now have a substantial capital not been expanded to meet our population’s investment framework going forward. It is not needs. Commitments in respect of public trans- only a capital framework in that this structure of port are among those not met in the last plan. the plan is in keeping with the Towards 2016 ten- Policies pursued by the Government have con- year framework agreed with the social partners. tributed to a situation where, in most families, They are meeting in plenary session this morning both parents must work to pay enormous mort- and the Taoiseach and the Ta´naiste are attending. gages. We have failed to develop child care infra- I was surprised that there was some criticism of 1517 Education (Miscellaneous Provisions) 15 February 2007. Bill 2007: Second Stage 1518 them not being in this House this morning. I do listened to what they had to say. The social part- not believe anyone would contend that they nership process ensures we have a far wider con- should be anywhere else this morning other than sultative and structured process than may have at the social partnership plenary forum. been the case in the past. It is a question of pursuing economic policies The process works and is recognised for its which will also bring us a greater degree of social value in terms of ensuring we get the greatest justice and social inclusion and greater partici- possible buy-in to the strategic objectives we have pation by everyone in our society with people outlined and the cross-cutting objectives, for contributing to their greatest potential. A vision example, in regard to all-island co-operation, is outlined within the social partnership context which was mentioned. These are important new of an internationally competitive economy which facets of this plan which we hope can be part- seeks to promote social justice, increase partici- nered with a devolved administration in the pation and deal with the historic infrastructural North and the British Government because many deficits that can be addressed in the window of of our strategic interests coincide. I hope that opportunity which presents itself before higher during the course of this plan, we will see a deep- social costs, particularly in the areas of pensions ening of that shared approach so the logic of an and health, will perhaps deny us the opportunity island economy can complement the social and to move forward. policy objectives both sides of the island share. As a percentage of GNP, we have set out an annual capital investment programme of approxi- Education (Miscellaneous Provisions) Bill 2007: mately 5.4%. That is not a ratcheting up to the Order for Second Stage. extent one saw at the beginning of the previous Bill entitled an Act to provide for certain plan when we did not have a programme of this changes in the hearing of appeals under section magnitude. With the increased capacity in the 29 of the Education Act 1998, to provide for construction industry and the ability of inter- certain changes in the functions performed by national consortia to bid and tender for and carry the Inspectorate under section 13 of that Act, out major complex jobs, particularly in the trans- to make provision with regard to access to cer- port area, due for completion during the course tain information under that Act, for those and of this plan, one would not expect to see the other purposes to amend the Education Act inflationary impact on the construction side 1998 and the Education (Welfare) Act 2000, to which unfortunately was a feature of the early provide for the transfer of certain lands and to years of the last plan given that tender inflation provide for related matters. on construction contracts has been 3% to 4% in recent years. Minister for Education and Science (Ms The Government strongly contends that we can Hanafin): I move: “That Second Stage be taken proceed with the five priority areas identified, now.” namely, economic infrastructure; social infra- structure; human capital; enterprise, technology Question put and agreed to. and innovation; and social inclusion. On the level of integration, the spatial strategy Education (Miscellaneous Provisions) Bill 2007: came out in 2002. Regional policy guidelines are Second Stage. now in place. As people know, there is an Minister for Education and Science (Ms improvement in development planning at county Hanafin): I move: “That the Bill be now read a and at local area planning levels. At all times, second time.” cognisance has been taken of the larger strategic I am pleased to bring the Education framework that has informed the decisions which (Miscellaneous Provisions) Bill 2007 before the have now been finalised at local government level House. In doing so I propose to give effect to a so we can proceed. key recommendation of the task force on student We have a gateway formula for the purpose of behaviour that section 29 of the Education Act creating critical mass in the regions. It is undoubt- 1998 be revisited with a view to amending it to edly the optimal fashion in which we can effect stress the rights of the compliant majority to learn regional development more effectively and while at the same time protecting the rights of the efficiently than has been the case in the past. We individual student to an education. have reached a stage in our economic and social I established the task force on student behav- development to make that an attainable objective iour in early 2005 to examine the issue of disrup- on the basis of the resources we are creating and tive behaviour in our second level schools, to con- the objectives which have been agreed in terms sider effective strategies already employed, to of a shared vision at social partnership level. advise on best practice in fostering positive I thank those who contributed to the debate, behaviour and to make recommendations on how some of whom have been critical. I do not accept best to promote an improved climate for teaching the contention that this is a party political docu- and learning in our schools. The report of the task ment. It is the result of a consultation process. I force, School Matters, put forward a number of attended consultations and I spoke to people and recommendations to place schools in a stronger 1519 Education (Miscellaneous Provisions) 15 February 2007. Bill 2007: Second Stage 1520

[Ms Hanafin.] advent of the appeals system had been positive position to meet the challenges of motivating and for schools and had prompted schools to re-exam- catering for their entire student cohort, including ine and review their policies, and to ensure, as those whose troubling behaviour was reflective of far as possible, that policies and procedures were a wider societal breakdown of acceptable norms balanced, fair and transparent. In this respect I of courtesy and civility. am glad to report that the National Educational At the core of the recommendations of the task Welfare Board is currently finalising comprehen- force was the putting in place of a national behav- sive guidelines for schools on developing and iour support service, NBSS. The NBSS is now in implementing effective codes of behaviour. place and has already commenced its engagement The task force recommended that my Depart- with schools and intensive work will begin shortly ment revisit section 29 of the Education Act 1998 with a number of schools most in need of its inter- with a view to amending it to stress the rights of vention. As part of this initial engagement, the the compliant majority to learn while at the same NBSS invited schools across the country to for- time protecting the rights of the persistently dis- mally make application to benefit from its ruptive student to an education. Following a services. As a result of this process, the NBSS has review of the legislation, officials of my Depart- now completed its consideration of 124 appli- ment provided briefings for all of the education cations that were received from individual partners on the changes which were being con- schools for support, including the establishment sidered to the Education Act 1998 and, in part- of behaviour support classrooms. The applicant icular, the redefinition of section 29 of the Act. schools are drawn from each of the school sectors There was a general welcome for the proposals, and represent a good geographic and gender pro- as outlined, and the partners indicated broad sup- file mix. port for the proposals at the briefing sessions. I Based on careful consideration of each appli- propose, in this Bill, to amend section 29 of the cation, 50 schools have now been identified to Education Act 1998 to take account of the task receive support as part of a phased roll-out of force recommendations on the appeals process. activity under the new service. Each of these 50 Section 4 of the Education (Miscellaneous schools will now be shortly notified of their par- Provisions) Bill 2007 will require a section 29 ticipation and a progressive roll-out of services to appeal committee dealing with an appeal relating these schools will commence immediately after to expulsion or long-term suspension to take the forthcoming mid-term break. account of the educational interests of other The task force report, in its recommendations students in the school, as well as the interests of to schools, also provided valuable insights into the student who is the subject of the appeal, when strategies and approaches for dealing with disrup- deciding on the case. The Bill sets out a range tive students. It set these in the context of a whole of factors that an appeals committee will have to school approach to the issue of discipline and I consider in dealing with expulsions and long-term am sure that the report itself will be a useful tool for schools in developing their responses to this suspensions, including the nature, scale and issue. It is inevitable, however, that some students extent of the student’s behaviour which gave rise by their behaviour will leave their schools with to the suspension or expulsion, the reasonable- little option but to use the last resorts of long- ness of efforts made by the school to enable the term suspension or permanent exclusion. It is student to participate in and benefit from edu- vitally important that these sanctions remain cation, the educational interests of the student avenues of last resort and are not taken lightly. concerned and the desirability and practicality of In such circumstances, the appeal system under enabling the student to continue to participate in section 29 of the Education Act 1998 has, since it and benefit from education with his or her peers commenced in 2001, provided parents and in the school setting. They will also have to take students over the age of 18 with an avenue of into account the educational interests of the other independent review when this difficult rubicon is students in the school and the maintenance of a to be crossed. Section 29 of the Education Act classroom environment which is supportive of 1998 provides that an appeal may be made to the learning. Secretary General of my Department against a The safety, health and welfare of teachers, decision by a school’s board of management to students and staff of the school will be also permanently exclude a student, suspend a student among the factors to be considered. The school’s for more than 20 days cumulative in any school code of behaviour and any other relevant policies year or refuse to enrol a student. will also be looked at. The task force, in dealing with section 29, out- The aim of the Bill is to provide a clearly stated lined the concerns expressed by school represen- statutory framework within which an appeals tatives regarding their experience with what it committee must determine an appeal and provide termed “this evolving aspect of the new legislat- for a balancing of rights between the educational ive framework”. However, the task force also interests of the student who is taking the appeal drew particular attention to the view of the and the educational interests of the school com- National Educational Welfare Board that the munity as a whole. 1521 Education (Miscellaneous Provisions) 15 February 2007. Bill 2007: Second Stage 1522

The task force also recommended that a proto- the Education (Miscellaneous Provisions) Bill col be provided to assist school boards in the 2007. Section 53 of the Education Act currently preparation for an appeal. This recommendation permits the Minister to restrict access to infor- will be given effect to in the revision of the pro- mation which would enable the compilation of cedures for hearing and determining an appeal. school league tables based on students’ academic These procedures, currently required and in place performance and to information relating to the under the Act, provide the administrative frame- identity of examiners involved in the State exam- work within which appeals are dealt with. The inations. As the State Examinations Commission, procedures will be revised and expanded to SEC, has operational responsibility for the con- reflect a level of detail which would not be appro- duct of State examinations, the Bill will extend priate to the primary legislation but which will be section 53 to the SEC. of practical assistance to all parties to an appeal. The Bill will address procedural matters relat- Consideration will also be given to putting the ing to the functions of the chief inspector and will procedures into the more formally structured change some of the functions of the inspectorate framework of a statutory instrument. Further under section 13 of the Education Act. Certain consultations with all of the education partners functions of the inspectorate in respect of exam- will inform this process. inations and psychological assessments are now The Bill allows the Minister to regulate for the performed by the State Examinations Com- suspension of the time limit for hearing an appeal mission, the National Council for Curriculum and during periods of school closures, for example Assessment and the National Educational school holiday periods. This was also a specific Psychological Service respectively and the Bill recommendation of the task force. Currently will amend the inspectorate’s functions to reflect appeals are dealt with on a year-round basis. This this. The Bill also amends section 13 of the Edu- provision will be expanded upon in the proposed cation Act 1998 to allow the chief inspector to revision of the procedures for hearing and delegate his or her functions to another inspector determining an appeal. and permits the Minister to appoint an acting The Bill allows for a section 29 appeals com- chief inspector in the event of illness or incapacity mittee to refuse to hear an appeal, or to continue of the chief inspector. with an appeal, which may be frivolous, vexatious The Bill will also give effect to the Government or an abuse of process and to draw inferences decision to establish the Crawford Art Gallery in from the failure of parties to an appeal to comply Cork as a national cultural institution within the with requirements made of it, for example on remit of the Minister for Arts, Sport and Tourism. requests for information or clarity of a position. In this regard, the Bill provides that the Minister This may arise in particular in respect of refusals can order the transfer of the lands and property to enrol where there may be a dispute as to of the Crawford Art Gallery in Cork from the whether or not a formal application was made or City of Cork Vocational Education Committee to a definitive decision was taken on an application. the Office of Public Works. Specifically with regard to refusals to enrol, the I hope the Deputies will agree with me regard- Bill will extend the application of section 29(1)(c) ing the positive benefits of this Bill and I look to situations where a child is refused enrolment forward to listening and debating the various pro- to an all-Irish division of a school. This addresses visions with the Members of the House. I com- an anomaly which exists at present in respect of mend the Bill to the House. schools which contain a separate all-Irish division or Aonad. At present, a child could be refused Ms Enright: A year ago, when this House enrolment to the Aonad but would not have a debated a Fine Gael motion on school discipline, right of appeal if offered a place in the English the Minister for Education and Science mini- language stream within the school. This provision mised the extreme difficulties that schools have will now permit an appeal, in its own right, in faced in dealing with discipline problems due to respect of a refused enrolment to an all-Irish div- section 29 of the 1998 Education Act. Referring ision of a school. to the debate as alarmist, she said that schools The Bill also ensures that a section 29 appeals could overcome difficulties with the 1998 legis- committee does not hear an appeal which is being lation if they had proper procedures in place. or has been dealt with under the appellate func- The penny has finally dropped. I welcome this tions provided under section 10 the Education for legislation, late as it is, and the attempt that is Persons with Special Educational Needs Act 2004 finally being made to address the imbalance in and vice versa. The Bill ensures however, that the the legislation to give schools more authority in National Council for Special Education, like the how they deal with challenging or unacceptable National Educational Welfare Board, will be able behaviour. to make submissions, as it considers appropriate, There are several aspects to this legislation but to an appeals committee dealing with an appeal clearly the most important purpose of this Bill is under section 29. to amend section 29 of the 1998 Education Act. A number of minor amendments to other parts For this reason, I do not propose to concentrate of the Education Act 1998 are also contained in on the amendments this Bill makes to the 1998 1523 Education (Miscellaneous Provisions) 15 February 2007. Bill 2007: Second Stage 1524

[Ms Enright.] to the school secure in the knowledge that there Education Act to take account of the enactment is no real action the authorities can take against of the 2000 Education Welfare Act, and the later their unacceptable behaviour. establishment of the National Council for Cur- The draft proposals we are debating this morn- riculum and Assessment, the National Edu- ing include a number of provisions which go some cational Psychological Service, the State Examin- way towards addressing the deficiencies in the ations Commission and the National Council for 1998 legislation. Under these new proposals, an Special Education, although I may table amend- appeals committee shall now consider: the nature, ments on Committee Stage. scale and persistence of the behaviour of the Section 29 of the 1998 Education Act sets out student; the reasonableness of the efforts made the mechanism by which a parent or student who by the school to accommodate the student; the has reached the age of 18 may appeal against a educational interests of the student; the edu- decision of a school to expel, suspend or refuse cational interests of all other students at the to enrol same student. This appeal must be made school; the safety, health and welfare of all to the Secretary General of the Department of students, teachers and other staff at the school; Education and Science, with the existing legis- and the policies of the school regarding such lation stipulating that an appeals committee, com- behaviour and related issues. prising at least one inspector, will be appointed This is a step forward but I remain concerned by the Minister to hear the case. For some con- that if this legislation is enacted schools may still siderable time, however, there have been diffi- find themselves in the situation whereby they are culties in the operation of the legislation. Most forced to re-admit a pupil who, through his or her seriously, schools have been placed in the most own unacceptable behaviour, has been suspended unacceptable situation where valid and necessary or expelled from the school. expulsions have been overturned. When this legislation reaches Committee The Irish Vocational Education Association Stage, I will submit amendments to improve the highlighted this problem when commenting that position of schools in dealing with unacceptable some previously expelled pupils returned to their behaviour. I have said many times we must not schools “with a swagger, having achieved a vic- emasculate schools regarding how they deal with tory against the school authorities”. This situation this issue. We must respect the fact that the undermines the authority of individual teachers, decision to suspend or expel a student is never and of the school itself, to insist on a reasonable taken lightly, and direct our legislation to level of proper behaviour. Also, the message this acknowledge this fact. For this reason, the legis- sends out to young people is that there is no lation should be amended so that it is absolutely action that can be taken against unacceptable clear that where a committee examining an behaviour. This is a very unwise message for our appeal comes to certain conclusions, then that school system and for broader society. In 2005 appeal committee could only in the most excep- alone, the Department of Education and Science tional of cases recommend overturning the overturned eight expulsions and three suspen- decision of the school to expel or suspend a sions at post-primary level. student. A further problem with section 29 of the 1998 The conclusion that the appeals committee Education Act is that the legislation fails to refer would have to come to would be as follows: a to the behaviour of the student which may have school had acted properly, in terms of notifying lead to the problem in the first instance. In the student and their parents at each step of the addition, the legislation does not mention the process towards suspension or expulsion; it had needs of all pupils at the school, and how they acted reasonably, in terms of taking the final are being adversely affected by poor behaviour, decision to expel or suspend the student; it had or even to the health and safety needs of teachers, acted in accordance with their policies; and that students and other people employed at the these policies were well-communicated to all school. students and their families. Where an appeals These are serious legislative lapses and I was committee is of the belief that these three con- surprised to hear the Minister minimise the prob- ditions have been met by the school authorities, lems that schools face in ensuring acceptable dis- overturning the decision of the school must only cipline when I raised this matter last year. It was be taken in the most exceptional of cases. all the more surprising given that the interim Inserting this type of clear statement into the report of the task force on student behaviour, legislation will recognise that schools do not act which was available to all of us last February, lightly in this matter and will empower them made it clear that section 29 was being used to further to deal with seriously disruptive and undermine the authority of schools in expelling unacceptable behaviour. This would be good for seriously disruptive students, and found that this schools, for teachers, for all students and for our was leading to schools being forced to accept as young people. students young people previously expelled for I am also concerned that the draft legislation seriously disruptive behaviour. The task force does not place a specific onus on the appeals also noted that in these cases, the student returns committee in respect of students suspended or 1525 Education (Miscellaneous Provisions) 15 February 2007. Bill 2007: Second Stage 1526 expelled for reasons due to violence or the threat or threatening behaviour against teachers, should of violence. I understand the Department of Edu- be reported immediately to the Department of cation and Skills in Britain has introduced guide- Education and Science, which should know the lines of this type which state that schools will not schools facing the greatest discipline challenges normally reinstate a student expelled for this when allocating resources. I welcome that the reason. The absence of a specific reference to this Minister has decided to assign behavioural sup- issue in these proposals is not acceptable. port to 50 schools. A further 74 schools have This is particularly appropriate given the recent sought such support. The Minister would accept attack on a teacher at a school in Dublin. Follow- that schools would not make such an application ing this attack, a teacher has been left with a lightly. When can the other 74 schools hope to broken nose and several broken teeth. This is a have the support provided? What exactly will the matter that will be considered by the school unit comprise? Will it be a separate classroom or board of management and is under investigation a group of people operating within the school as by the Garda Sı´ocha´na, so I will not speculate a whole? Will some of the 50 schools experience further on this case. However, it unfortunately is space constraints to facilitate the unit and if so just the most recent example of violence against what steps will be taken to address that problem? a teacher. I will also table an amendment on this Building a culture of acceptable behaviour in matter on Committee Stage. our schools has many dimensions. It is important Some of the difficulties that schools face in to enable schools to deal with unacceptable dealing with unacceptable behaviour stem with- behaviour properly and amend section 29 of the out doubt from under-funding in our education Education Act 1998. Resources are also key. system. For example, half of all primary schools Other areas also require action from the Govern- still have no access to the National Educational ment, particularly tackling drug and alcohol Psychological Service almost a decade since the abuse among young people and ensuring that service was established. Many young children bullying is stamped out when and where it hap- who need assistance are being left behind and by pens. Bullying is a deeply destructive behaviour the time they reach second-level schooling are that can have long-term negative consequences growing increasingly frustrated with the system. for individuals. In some extreme cases it can lead This contributes to poor classroom behaviour. to suicide. Tackling both student discipline prob- Access to essential services is, undoubtedly, lems and bullying behaviour at school in tandem important from an educational point of view. with each other would have a longer-term posi- These services, however, also contribute to chil- tive effect throughout society. Young people dren and young people settling into school prop- must be given clearer guidance and direction erly, and go a long way to improving the class- when their behaviour is unacceptable. room and school environment. Recent studies have shown an unacceptably Our trainee teachers must be given all the high rate of bullying in our schools. It is of grave necessary assistance in dealing with disruptive concern that many teachers appear to feel unable behaviour in the best possible way. Some inex- to challenge certain types of bullying, for example perienced teachers, when presented with a case homophobic bullying, especially when four of of serious indiscipline, may simply not know the every five teachers are aware of verbal bullying best way in which this can be handled. In these using homophobic terms and 16% of them circumstances, a discipline problem might be reported incidences of physical bullying in a exacerbated by inappropriate action from an homophobic context. To take a longer-term view, inexperienced teacher. All possible assistance workplace bullying costs Irish business up to \3 should be given to new teachers to ensure that billion per annum through poor productivity and this does not happen. absenteeism. The children and young people of An expansion of the home-school liaison today will be the workers of tomorrow. They service should be prioritised so that problems in must learn that unacceptable behaviour at school, the home environment which may contribute to whether it is directed at teachers or their peer indiscipline can be properly assessed and assisted, students, will be tackled when and where it along with greater co-operation between the occurs. This would also have a positive effect in Department of Education and Science and the tackling workplace bullying in later life. Bullying HSE. is a vicious and destructive behaviour that must Guidance services in place in schools are poor be addressed. Children who are bullied cannot be at best. Schools with an enrolment of less than left without support and help, particularly given 200 pupils receive only eight hours career guid- that it can take generations for bullying to leave ance counselling per week. Guidance a family. I call on the Minister to introduce a 1 o’clock counsellors could play an important national anti-bullying strategy in all schools role in improving the school envir- immediately. onment through one-to-one and group involve- The young people of today have unpre- ment with students but at present are completely cedented access to hard drugs and alcohol. The snowed under due to a lack of adequate extent of the problem that faces us is consider- resources. Serious breaches of school discipline, able. The European school survey project on 1527 Education (Miscellaneous Provisions) 15 February 2007. Bill 2007: Second Stage 1528

[Ms Enright.] not being refused enrolment. Rather schools are alcohol and other drugs showed that Irish boys adopting a policy of advising parents to wait and and girls aged 16 years are among the highest see, and come back later. I recently came across alcohol abusers in Europe in terms of binge the case of a child who tried to get into six differ- drinking and drunkenness. Some 16% of boys ent of schools, none of which refused him. They and 12% of girls in the 12 to 14 age group are all claimed not to have space but asked him to regular drinkers. In the 15 to 17 age group half of come back to them in a few weeks. The child boys and girls are regular drinkers and drunken- never got a letter advising that he could not enrol ness is commonplace. There is documented use because the school was full. I was advised that as of cocaine, cannabis, ecstasy and opiates by 15 he had not been refused enrolment, he could not year olds, and these drugs are undoubtedly being avail of the section 29 procedures. It is unfair to used by younger children also. It is abundantly leave any child in that situation. He is effectively clear that young people can gain easy access to unable to gain a place but has not been actually drugs and alcohol. I know the Minister will agree refused a place. That issue should be addressed that this is having a profoundly negative effect on in the Bill. many young people. They are being confirmed in bad and dangerous habits at a young age. Their Ms O’Sullivan: We also support this necessary education and that of their peers is being Bill. This week we read of a teacher whose nose damaged. Drug and alcohol abuse at a young age and teeth were broken by a student. On the other is contributing to poor school performance and side, from the children’s point of view, a study by early school drop out. Most seriously, it is causing the anti-bullying unit in Trinity College suggested serious harm to their health. that 35% of boys and 19% of girls were physically We all know that peer pressure can be a major attacked during a three-month period. There is factor in how young people behave. The need to no doubt that there are serious problems in our be part of the group undoubtedly leads to some schools that need to be effectively addressed. young people experimenting with alcohol or There have been difficulties with section 29 and drugs, often against their better judgment. We the task force on student behaviour proposed that must give schools the tools and the support to this should be one of the measures the Minister tackle this problem as effectively as possible. We should take in addressing the behaviour of need to consider the problem creatively, and students in schools. examine new initiatives which could help to rid While we will be proposing amendments to the schools of the scourge of alcohol and drug abuse, Bill, it only represents a small part of what is and to empower young people to resist peer required and only implements a small number of pressure. the recommendations of the task force. The Mini- The existence of a voluntary random drug-test- ster needs to implement some of the other ing scheme in schools would counteract this peer measures. While this represents a rebalancing of pressure. For the first time, young people would rights and all of us would feel that the rights of be able to refuse to smoke that joint or pop that the majority of students who want to learn in pill on the basis that there would be a very real schools need to be protected, at the same time chance they might be caught. This would give the children who are being excluded from school young people, who might feel pressurised into also have rights. As a society it will be to our peril taking drugs or alcohol, a way to just say no. If a if we fail to address the rights of those students school decides to introduce random drug testing also. I would be concerned that the tone of what and if consent for this is given by parents or is being said in this debate focuses on getting guardians, the Department of Education and them out of the schools, which could then simply Science should support this decision. Each school operate for the majority of the children. management authority should be asked to decide However, what happens to these young people? whether it wishes to introduce random tests for We complain about anti-social behaviour. John drug and alcohol abuse. If in favour, the school Lonergan has been quoted as saying that the level management should contact all parents and of education of people in prisons is very low. We guardians and ask for their written consent that cannot simply cast them out, particularly when their child be included in any future random they are below school-leaving age, and expect the checks. Tackling the scourge of alcohol and drug Prison Service to pick them up at a later stage. abuse is highly relevant to this debate, as tackling That is no way to deal with young people and illegal drug use will contribute to building the their rights to an education. While we must look type of atmosphere that we all want to see in after the rights of the majority of students, we place in our schools. must also look after the rights of the minority I would like to see greater clarity on the issue who in some cases cause serious problems in of enrolments and intend to table amendments in schools. this regard on Committee Stage. I accept what Before coming to the House for this debate, I the Minister said in her speech in this regard. took the opportunity to reread the recom- However, one of the hardest issues to tackle in mendations of the task force report. The task the legislation is that in some cases children are force was very good and I commend the Minister 1529 Education (Miscellaneous Provisions) 15 February 2007. Bill 2007: Second Stage 1530 and its other members. However, its approach vision in schools of adequate psychological was very much holistic and it was not just about services and addressing the difficulty of getting a kicking the troublemakers out of school. It diagnosis — I accept this matter does not come focuses on setting up the kind of environment in within the Minister’s remit — under the mental schools and communities around them that would health for children section of the Department of prevent children from being expelled from health and Children need to be addressed. There schools through intervening at an early stage to are many logjams in this area which often result identify problems. There must be early diagnosis in families having to wait for years to obtain a of disorders such as ADD, ADHD, dyslexia or diagnosis. Families are having to go on waiting others which cause young people to misbehave lists under pressure from many other areas within in school if we are to assist them, their families the health services. This is, for many of them, an and schools. added burden imposed on them by the edu- Chapter 10 of the report states: cational services. It is often difficult to obtain the required diagnosis in order to obtain necessary The interim report stressed the need for all supports for young people. the key players to come together in an effort I am concerned that all pupils are being cat- to stem the corrosive influence of persistent, egorised as troublemakers. While some pupils serious disruption in our schools. We reiterate may just be playing bad others have disorders that call. This teacht le che´ile of stakeholders which were not addressed earlier in the education is a fundamental tenet of the set of Recom- system. Our primary focus must be on addressing mendations set out below. Schools alone those problems. I accept we must also provide cannot supply all the remedies. They need and schools with the powers to expel students who deserve the support of the Department of Edu- cause serious problems. The task force also cation and Science, management bodies, recommended — I am sure the Minister is aware parents and society in general. The Task Force of this — that implementation and evaluation of calls on all the players to make their contri- its recommendations be monitored. Perhaps the bution and to do so in a spirit of generosity and Minister will say if she is planning to do this. I collegiality, in the knowledge that as an invest- suggest it should be done in light of the fact that ment it can yield only good. many measures introduced do not have the It further states: desired effect. A clear recommendation of the task force is that its recommendations be evalu- As highlighted right through this report, ated and measured in terms of implementation some schools are catering for students who and success. bring with them a multiplicity of needs, many The statistics I received by way of parliamen- of which act as barriers to successful achieve- tary questions on the number of appeals under ment in school. These schools require a range section 29 are categorised under the headings, of measures accompanied by adequate primary and post-primary and, refusal to enrol, resources to guarantee their efficacy. We are expulsion and suspension. However, we are deal- confident that the Recommendations that we ing in the main today with expulsions and suspen- put forward can make a significant contribution sions. I hope later to speak on the issue of refusal to the creation of a more harmonious teaching to enrol. It is clear that the number of appeals at and learning environment in our classrooms post-primary level in respect of expulsion have and schools. been steadily increasing. The relevant statistics The task force recommended more involvement are: 2003, 34 expulsions; 2004, 52 expulsions; by parents and the availability of parents’ rooms 2005, 68 expulsions; and up to end November in schools, ensuring harmonious transfer from 2006, 76 expulsions. Schools are concerned about primary to second level and that those who have the divide between the number of appeals upheld supports in primary school continue to receive and not upheld. This legislation is designed to them at post-primary level. It also dealt with ensure schools have the power to expel students teacher in-service education and ensuring who cause serious disruption to the learning of teachers are properly resourced and empowered other children. I do not have a problem with that. to deal with the wide variety of problems they However, we must find other ways of dealing encounter with young people in the classroom. with students who are expelled from school. Obviously, we are dealing with a changed society. The report also includes recommendations in The report also deals with the introduction of regard to young people excluded from school. a charter of rights and responsibilities. I note the Paragraph 9.1 which deals with out of school pro- visions suggests approximately 1% to 2% of TUI magazine dealing with section 29 amend- young people do not fit in a mainstream school ments also stressed the need for the introduction because their needs cannot be catered for in a of a charter of rights. The task force also dealt in classroom-type situation. In this regard the TUI its report with issues such as the introduction of states: behaviour support classrooms. I welcome the Minister’s statement that she intends to do this. Pupils are not taught on an individual basis Other issues such as reducing class size, the pro- [they are talking about in schools] they are 1531 Education (Miscellaneous Provisions) 15 February 2007. Bill 2007: Second Stage 1532

[Ms O’Sullivan.] Psychologists are included, but they have taken taught in classes of many. Their conduct, if con- been taken from NEPS which already does not tinually disruptive, robs the right to learn of have enough psychologists. We need hands-on other pupils who do not misbehave in any sig- support in schools rather than a bureaucracy. nificant way. In reading the report of the task force, I cannot We should heed the task force which states that see any place where it recommended setting up a small minority of young people are not suited this kind of a national bureaucracy. My under- to the classroom situation and recommends the standing was that it just wanted support teams introduction of out of school provision such as which would go into schools which have problems the expansion of youth encounter projects which and work with them. exist in three of our main cities. While we have only a small number of these projects, from my Ms Hanafin: They are the support teams. experience they work well. They offer alterna- tives for young people from the age of 12 years Ms O’Sullivan: They are co-ordinators and—— who are unable to get into a school or who have been expelled from school at an early age. The Ms Hanafin: No, they are the people who will task force recommends that these projects be be going into the schools. expanded. It also recommends that Youthreach which caters for students over 15 years be Ms O’Sullivan: Will the national co-ordinators expanded and the introduction of a junior be going into schools? Youthreach for those aged 12 years to 15 years who are out of the school system. I recently vis- Ms Hanafin: Yes. All those people listed by ited a Youthreach programme in my constitu- Deputy O’Sullivan constitute the teams. ency. It is doing fabulous work. Many of the young people involved in that programme had Ms O’Sullivan: So the assistant national co-ord- been expelled from school and were in a limbo- inators will going into the schools? type situation until they reached the required age for Youthreach. They were studying for their jun- Ms Hanafin: Yes, they are the teams. ior certificate and were doing very well. I hope the Minister will address this issue when Ms O’Sullivan: I thank the Minister for that responding to the debate. clarification because what schools say they really We must, when legislating to exclude young need is the hands-on approach. They do not need people from regular schooling, provide them with someone sitting in the Navan education centre; alternatives. We cannot simply leave them out they need someone in their schools. I accept the there with no support. The Minister will probably clarification but there is still too much bureauc- reply that such matters come within the remit of racy around it. the Educational Welfare Board. I accept that. However, it does not run programmes. It can only Ms Hanafin: Genuinely not in this case. try to secure places in programmes for these chil- dren or provide them with home tuition. We need Ms O’Sullivan: This may be an aside, but I met the Department of Education and Science to school secretaries yesterday who must be paid out value these programmes and to provide them of the capitation grant received by the schools. where needed. We must address the needs of the The actual support structures in the schools are small percentage of young people who do not inadequate. They do not have sufficient access to conform to what is expected of them in school if educational psychologists and do not have the we are to address problems such as anti-social reduced class sizes and all the other measures and criminal behaviour, bullying, youth suicide recommended by the task force. and joyriding. I am sympathetic to schools. I I urge the Minister to refrain from sitting back know what is required if they are to run orderly, and simply saying that since she has set up the disciplined establishments which allow appro- support measures in the schools and is amending priate learning. However, I feel very passionately the legislation today, she does not need to do that we cannot simply ignore the others. If we do more. There are many other recommendations. so, we are storing up serious problems for the The task force also has a timeframe. At the end future. of each series of recommendations, it states what In respect of the National Behaviour Support should be done in 2006, 2007 and so on. Its time- Service, I welcome the fact that this support will frame is across all the recommendations so it is go directly into the schools this year. I was critical not a matter of recommending that the legislation of the expenditure of \2 million last year which be introduced and the support teams set up and went almost entirely on setting up a new bureauc- one can wait two more years to take the other racy, with a full-time administrator based in an measures. Its approach is about starting every- education centre, a national co-ordinator, four thing more or less at the same time so that we assistant national co-ordinators, nine regional can address the various aspects of it. This is my development officers and 20 part-time associates. concern. 1533 Education (Miscellaneous Provisions) 15 February 2007. Bill 2007: Second Stage 1534

Having said all that, I welcome the legislation. Ms O’Sullivan: This upsets the balance of these It is welcomed by those who work in schools and other schools because for them to be effective, the parents of the majority of young people, who they need a balance and mix. The Minister should want their children to have the opportunity to consider making regulations under section 33, study in a peaceful and proactive environment. which she is empowered to do under the Act. There are some concerns with regard to the legis- Ultimately, we all want all young people, irres- lation and we will also table amendments in the pective of their learning needs, to be able to get future. I draw the Minister’s attention to some- into schools that can cater for their needs and for thing outlined by the TUI in its article that there all young people to have a fair chance. In order is no provision in the amendments that pupils to do this, we need to ensure they can get into should not be reinstated solely on technicalities schools and that all schools will cater for a wide or procedural grounds. I ask the Minister to variety of needs, that the curriculum is sufficiently examine this aspect. It is probably true that young wide to address a wide variety of needs and that people expelled or suspended under section 29 there are alternative programmes for the small can sometimes use a technicality. I believe this number of young people who cannot or do not point was alluded to by Deputy Enright and we wish to cope in a school setting. The Labour Party must be aware of it. The TUI may make recom- suggests that there should be a social guarantee mendations to the Minister in this regard. so that all young people, irrespective of whether Another aspect of section 29 relates to enrol- they are in or outside school, have the oppor- ments. I welcome the section which basically tunity to avail of education, training, employment states that schools cannot deny rights under the or something appropriate to their needs. As I Education for Persons with Special Educational stated previously, if we do not do this, we will Needs Act 2004. In other words, the right of store up all kinds of problems for ourselves into people with special educational needs to a place the future in terms of those alienated young in school will be maintained and this legislation people who are probably the main subjects of our will not undermine their rights, which is very debate today. important. However, their right to get into a We are not opposing the Bill. We welcome school in the first place needs to be protected. what the Minister is doing, but there is a lot more While provisions relating to the refusal to enrol to do. are included in section 29, schools are managing to cherry pick students and make it difficult for Mr. Gogarty: I wish to share time with parents to enrol their children with special needs, Deputies Healy, Crowe and Finian McGrath. which was acknowledged by the Minister. Deputy On behalf of the Green Party, I welcome the Enright also referred to this fact. Sometimes, they will not give parents a letter stating they have publication of this Bill. As other speakers have refused to enrol the child so that parents cannot stated, it provides a welcome opportunity to take an appeal under section 29. debate a number of issues, the primary one being We need to strengthen the rights of people with school discipline and trying to achieve a balance learning difficulties in this area and the rights of between the rights of individual students, the schools who have an open policy. Up to 10% and right of all students to learn and the right of all more of the student body of some schools is com- teachers to teach. posed of students with special learning needs and There are a number of other areas, such as the schools cater magnificently for them. It is extending section 29(1)(c) which relates to ironic, but these schools often end up having situations where a child has been refused enrol- section 29 appeals taken against them because ment to an all-Irish division or class of a school. more parents seek to enrol their children in these Other issues relate to the National Educational open and welcoming schools, whereas other Welfare Board, NEPS, provisions and the main- schools do not have section 29 appeals taken tenance of the rights of students with special edu- against them because they let it be known that cational needs. Due to time constraints, I will put they do not want to cater for young people with down amendments relating to these matters on special learning difficulties. Committee Stage rather than dwell on them here. The Minister needs to take action in respect of The main issue is school discipline. This is a enrolment policies. I have previously stated that, very challenging issue to deal with — otherwise under section 33 of the Act, she can introduce this Bill would not exist in the first place and regulations. I do not know whether she has there would be no ongoing complaints from thought about whether this might be necessary in teachers’ unions. One of these unions, the ASTI, view of the fact that there seems to be a growing carried out a survey recently which revealed that divide, particularly in Dublin where certain more than one in ten teachers had been physically schools want young people who do not have attacked by a pupil. It also found that more than learning or social difficulties and leave other half of teachers had also been subjected to verbal schools to be more inclusive and holistic. abuse and taunts from students. Some 7%, a sig- nificant number, admitted they were sexually har- Mr. F. McGrath: That is true. Hear, hear. assed in the classroom environment. How can one 1535 Education (Miscellaneous Provisions) 15 February 2007. Bill 2007: Second Stage 1536

[Mr. Gogarty.] not on a technicality but for a good reason. Some teach properly in such an environment and how cases of disruptive behaviour can occur, as can other students learn? Deputy O’Sullivan mentioned in mitigating cir- These are the challenges the Minister has cumstances. attempted to deal with through this Bill. As the There are no clear guidelines in this legislation Minister has stated, it is primarily aimed at ensur- for dealing with cases of violence or where viol- ing that the rights of the pupil appealing an expul- ence has been threatened. An example is where sion are treated equally alongside the rights of recently at a school in my constituency a 17 year the majority of students to learn in the classroom old student allegedly assaulted a teacher, break- and trying to balance the rights of teachers to do ing his nose and teeth and damaging his eyes in a their job in a normal working environment. I vicious assault. It is claimed the row broke out commend the Minister and her Department on after the student had been playing with a mobile their efforts in trying to address this problem phone in class and took a photograph of the which nearly every second-level school faces on a teacher. Having been told to put the phone down, daily basis. the student attacked the teacher. The changes proposed do not go far enough to I will not comment on the individual case ensure the rights of children to learn in a safe, because it will go before the courts. In such cases, non-disruptive and idyllic environment. In short, the student should not be allowed back into the a disruptive pupil is still allowed to rule the roost. school under any circumstance. The authority of Notwithstanding his or her right to appeal the teacher will have been severely damaged and decisions, there is still too much leeway to allow the student, in order to save face with other him or her remain in the school. A pupil may be students, will have to walk with a bit of a swagger allowed remain for the most spurious or techni- and keep his or her head high even if he or she cal reason. has been humbled or realises his or her error. The Bill seeks to amend section 29(4), allowing That student would have issues of self worth and the appeals committee to consider a range of will try to keep it up by swaggering around and factors in appeals relating to expulsion and sus- boasting that he or she may attack the teacher pension. They have been mentioned before and again. This is why there cannot be an envir- take in: the educational interest of the student onment worthy of learning where a pupil is read- making the appeal; the educational interest of mitted who has been expelled for violent behav- other students in the school; the nature, scale and iour. Such a student would have to go somewhere extent of the student’s behaviour; the reasonable- else, which I will deal with presently. ness of efforts made by the school; the safety, Deputy Enright mentioned the Fine Gael health and welfare of teachers and students; the policy of possibly searching students for drugs or school’s policies, code of behaviour and extent to alcohol, which I disagree with totally. We do not which this complies with any issued guidelines; live in the Bronx or a violent era in which kids statutory duties of schools; and other relevant should be routinely searched for weapons. We matters. are still a relatively sane society, thanks be to In attempting to cover all these issues the God. To bring such searches into schools would balance still has not been struck and schools can be wholly negative and would criminalise young still be forced on a technicality to let a student people at too early an age. return. A student could continue disrupting and Kids will take drugs and drink outside the acting as a real and present physical danger to school system. It is more of a problem for young others in some cases. It is high time schools were people to come into school after drink or drug provided with the powers to act effectively binges, when they cannot concentrate or stay against students who disrupt the class time and attentive. It is not so much the problem of drink again after a warning. This Bill is an opportunity and drugs being taken within the school but a to do so and I look forward to amendments being case of such actions affecting school work. That put forward by various parties and individuals. is a wider societal issue which I will not try to The TUI, another teaching union, has indicated skirt over. It needs to be dealt with and we should that decisions to suspend or expel pupils are usu- tackle the root causes. We need more inter- ally taken in complete exasperation with refusal vention at an early age. by the pupils and parents to heed repeated In previous responses to questions I have put requests for changed behaviour. Every oppor- down the Minister has correctly stated the tunity is normally offered to pupils to make Department cannot take total responsibility for amends; it is not like a dictatorial regime where children. However, we need more intervention a hand is chopped off after one offence. The and the task force on student behaviour recom- students go through a lengthy process. mended an holistic approach to the problems. We If a student’s conduct is continually disruptive need resources put in at primary level to cover and robs other pupils of the right to learn, or if the Department’s role. For example, the Green pupils continue to misbehave, action must be Party has proposed a new responsibility to ease taken. There are cases where students appeal and the transition for students entering second-level are rightfully let back in. I hope this will occur education. The TUI has called for an induction 1537 Education (Miscellaneous Provisions) 15 February 2007. Bill 2007: Second Stage 1538 for students on discipline issues when they enter teachers and other students so that they can teach first year. These deal with people going into and learn in a safe environment. second-level education. I previously mentioned in committees that Mr. Healy: I welcome the opportunity to speak teachers would predict that a particular youth on this Bill, which I welcome although I am not would cause trouble or end up in prison, although sure it goes far enough. The detail will be teased the student could be as young as six or seven. out on Committee Stage. The Bill is based on Resources must be put in place to deal with prob- research carried out by the teaching organisations lems that are not always within the education and the report of the task force. Lack of discipline system itself. We should consider expanding is a significant problem and it needs to be tackled social services or assessment. For example, if we seriously. School is a microcosm of life. Pre- had the full complement of 200 National Edu- schools, schools and the wider community are all cational Psychological Service personnel, it could part of the social fabric. Disruptive pupils affect go some way in providing an overall solution. the majority of pupils who are committed to Deputy O’Sullivan mentioned that children learning. As Deputy Gogarty stated, disruption excluded from school also have rights and I agree. also affects teachers. I accept this is a difficult We cannot forget that while on one hand we area. should ensure those who cause trouble should be Various inputs are evident in the Bill. Contrary kept out of the system, particularly if they will to the general perception of it, in this case flexi- affect the rights of other students and teachers to bility is evident on the part of the Department. do their job, we cannot on the other hand label This is necessary, especially in disadvantaged them as scumbags and leave them with it for the areas. I refer in particular to schools in CLA´ R rest of their lives. areas and in the DEIS scheme. In my constitu- Disruptive students were not born that way. ency, St. Joseph’s national school in Ballingarry Very few people are born bad. Many are will lose a teacher on 1 September 2007 unless moulded by the system into disruptive students. the Department allows the teacher to continue to Social background, such as a dysfunctional home work there. The school numbers have fallen to life or having a special educational need that is two under the quota. This school is in a disadvan- not dealt with, could be a factor. In recognising taged area and has a number of special needs and the turmoil that leads a student to become violent disadvantaged pupils. A special effort should be we should also help such students. This may not made for this school and similar ones throughout lead to a student going back into the same school the country. Ultimately, how pupils get on at after he or she has committed a violent act as that school will indicate how they will get on in life. would affect the way students and teachers relate. It is difficult to understand the withdrawal of Another approach outside the existing school psychological assessment from some schools. system is required. Perhaps we need a new type There appears to be a disparity between schools of education centre. On a visit to Sydney in New that were classified as disadvantaged and those South Wales some years ago, I visited Edgware in the DEIS scheme. The Presentation Secondary school in a rough suburb of the city. That school School in Clonmel had disadvantaged status but has been specially set up with other centres to has now lost its on-site psychological assessment deal with discipline issues. The Minister is aware service. This appears to suggest to the whole of this school. school community that if one works hard and gets In this facility youths can go in and out at their results, one will lose one’s disadvantaged status own time and learn when they want or learn in and be removed from the DEIS scheme, as hap- very small classes. This is because some may have pened in this case. problems interacting with others. These youths Class size is another factor that impacts on can sometimes go back into the mainstream school discipline. Various surveys have been done system after a spell in Edgware, whereas others on this issue. A survey that was carried out in get some form of qualification through the school December 2006 in my constituency makes dis- itself. That is the way forward. turbing reading. It indicated that in the 2006-07 The task force report refers to out-of-school school year over half of the county’s primary provision. Youthreach could be expanded to be a school pupils would be in overcrowded model in this respect and a junior Youthreach, as classrooms. A total of 21% of south Tipperary mentioned by Deputy O’Sullivan, would be a primary pupils are in classes of between 30 and good idea. Youthreach must be resourced as it 34 pupils and another 37%, or 2,383 pupils, are does not currently have the special educational in classes of up to 29 pupils. A further 143 pupils needs services that primary schools do. Some are in classes of 35 and over. Some of those 70% of the people in Youthreach have special classes have special needs pupils which adds to an educational needs. If such issues are dealt with, already difficult situation. I hope that even at this Youthreach could be a model with a section deal- late stage the Minister will implement the prom- ing with particularly disruptive students. These ise made in the programme for Government that youths could be given the opportunity to develop no child of eight years or younger would be in a their lives in the way they see fit while protecting class of more than 20. 1539 Education (Miscellaneous Provisions) 15 February 2007. Bill 2007: Second Stage 1540

[Mr. Healy.] teacher and the child and, therefore, the degree Sub-standard accommodation is an additional to which we resource that interaction is the key factor that impacts on school discipline. I appeal to our success in education. These are not my to the Minister to meet a deputation from Gael- words, they are the words of the Minister. scoil Chluain Meala. As she is aware, the school’s In 2002, as part of the programme for Govern- accommodation for the past 13 years has been in ment, Fianna Fa´il and the Progressive Democrats sub-standard conditions. It is in a never-ending stated clearly that over the next five years they cycle of waiting for other agencies to make would progressively introduce maximum class decisions on a site and a new school. The school guidelines which would ensure the average size of opened in 1994 with two teachers. It now has 12 classes for children under nine would be below teachers and 250 pupils. The waiting list extends the international best practice guideline of 20:1. to 2011. Overcrowded and substandard con- Five years after that promise was made, children ditions are not conducive to learning or dis- under nine remain in the second highest class size cipline. I appeal to the Minister to decouple the in the European Union. Whenever there are siting of Gaelscoil Chluain Meala from the fewer than 20 pupils in a classroom each pupil Tipperary Institute transfer to the Ballingarrane receives more attention from the teacher, fewer estate in Clonmel. This has had the effect of pupils distract each other, the level of noise is delaying the process of identifying a site and reduced and each pupil receives a greater pro- building a new school. portion of educational resources and learns more. This can reduce violence and disruption. Mr. F. McGrath: I thank the Leas-Cheann A recent survey found that 35% of boys and Comhairle for the opportunity to speak on this 19% of girls were physically attacked in our important legislation which deals with violent and schools over a three month period, a worrying disruptive pupils. We have to face up to this development. We must address this from other serious matter as it is a fact of life that a minority angles. There is a minority of violent, dysfunc- of pupils can be disruptive and damage our edu- tional pupils in schools but this cohort is higher cation system. Nobody likes excluding a pupil but in socially and economically disadvantaged areas. there are times when schools have to make this One cannot expect a five year old to be normal tough decision in the interests of the pupil, his or and happy if he or she comes from a family her classmates and the school. steeped in drug and alcohol abuse and domestic We need to build and develop schools with a violence. One cannot expect the child to act in a warm, friendly and welcoming ethos. | am pleased normal way at school. We must ensure the pro- to say we have achieved that in many cases but tection of these children, many of whom are iden- we must constantly develop good practice in our tified at the ages of four and five. schools, both from a management and teaching point of view. One way to achieve this is to have I welcome developments in pre-school edu- a reasonable class size. This issue must be cation. Some disadvantaged schools have fantas- brought into today’s debate. Failure to do so tic programmes involving home-school liaison would be to keep our heads in the sand. Class teachers, creative principals, high quality teachers size should be an election issue and I commend and parents developing strategies to assist these all those who will raise this issue in the coming pupils. Such policies should be implemented. months. The purpose of this Bill is to amend section 29 After ten years of unprecedented economic of the Education Act 1998, following the recom- growth, which has seen the national debt almost mendations of the task force on student behav- wiped out and regular budget surpluses that could iour in second level schools. Section 29 provides not have been imagined a decade ago, it is diffi- that an appeal may be made to the Secretary cult to believe class size is still an issue. I accept General of the Department of Education and some progress has been made. It is indisputable Science. This refers to permanently excluding a that class size at primary level is the second high- pupil, suspending a pupil and refusing to enrol est in the European Union. For years, groups like a child. the INTO and delegates at its annual conference I am concerned by the refusal of some schools have listened to Minister after Minister promising to enrol children with special needs, disabilities to reduce class size whenever resources or those from poor backgrounds. I challenge the permitted. management authorities to be more open. We are Having just witnessed a giveaway budget and losing the balance in some schools. We used to the \2 billion surplus of the Department of Fin- have the doctor’s child educated with the plum- ance, I agree with the comment of my colleague, ber’s child and the unemployed person’s child. If Mr. John Carr, general secretary of the INTO, wealthy children go to one school and the poor that if resources do not permit now, they will to another, society will be divided. We must be never permit. Class size in primary schools has vigilant that this does not happen. A mix of chil- become a political imperative. The Minister for dren lifts all of them, in respect of economics and Education and Science stated the basic resource education. Those who are experience of mixed in education is the interaction between the systems believe it is the way forward. 1541 Education (Miscellaneous Provisions) 15 February 2007. Bill 2007: Second Stage 1542

Parents should support the local school. Ship- the broader school population. We must balance ping pupils to what is considered an elite school the rights of all. By favouring disruptive students, can be damaging. If parents, as taxpayers, have section 29 resulted in schools becoming increas- difficulties in the local school they should work ingly powerless to remove continually disruptive with staff and the parents council. The Minister students due to the unfair appeals process. is aware that policies have been tested in dis- Reforming this legislation is a first step but is not advantaged areas and the more progressive ideas enough to improve discipline, respect and a have come from the poorer schools. We must general positive learning environment in our support teachers and parents. schools. Indiscipline takes up a considerable The Minister states she is pleased “that the amount of time for teachers, resulting in stress National Educational Welfare Board is currently and threats of physical abuse. Pupils also lose finalising comprehensive guidelines for schools teacher time. We should never underestimate the on developing and implementing effective codes negative impact that a minority of disruptive of behaviour”. Sensible ideas are being proposed. students can have on others. Physical, verbal and I welcome this debate. emotional abuse should have no place in our classrooms. Mr. Crowe: This debate is timely in light of While the Minister for Education and Science increasing indiscipline in our schools, most has pledged \8 million this year for the national recently displayed with the stabbing of a 17 year behaviour support service, this will only cover 50 old pupil by a fellow pupil in a school in schools. The Minister must respond adequately to Templeogue and the assault of a teacher in the gravity of this problem. The disruptive min- Clondalkin who was attacked by several students ority in any classroom should not be allowed to resulting in the teacher losing several teeth. I am dictate to the rest and hinder a teacher’s ability also aware of an incident a few years ago where to teach or a pupil’s ability to learn. a former pupil threw rocks at a pregnant teacher’s School discipline is unquestionably a core issue car, breaking the windscreen. A mini-riot ensued in post-primary education. The amount allocated and teachers had to be escorted from the school. to tackle student indiscipline should be con- Four Garda cars and the Garda helicopter were sidered in the context of spending in involved. The teacher had to pay for the repairs 2 o’clock Britain. Following a 2001 report to her car because the incident happened on highlighting the extent of negative school property. I was not too popular at the school behavioural problems in Scotland, some school for highlighting what happened because £32 million was spent each year in the first three the school was not happy with the publicity. years, which was supplemented by a £53 million Hard cases may not make good law but I cau- package. This funded additional support staff in tiously welcome this legislation. The Minister is schools, such as behaviour co-ordinators and attempting to ensure greater balance between the classroom assistants. Last year alone in Wales and rights of the school, the community, the rights of England over £460 million was assigned to its teachers to work in non-disruptive classroom, the right of suspended or expelled pupils to appeal a behaviour improvement programme. The behav- decision and the collective right of other students iour support service needs a significant increase to learn in an environment free from disruption in staff numbers. There is a need for behaviour and menace. support in classrooms to help students who are Section 29 proved a lengthy and bureaucratic struggling. Learning support units would reduce procedure unpopular with teachers, unions and suspensions and expulsions by improving student schools. It placed a considerable administrative learning, motivation, attendance and behaviour. burden on schools, particularly principals, making Many second level schools face a crisis of dis- it extremely difficult to deal with serious, disrup- cipline and must be supported in tackling this tive behaviour. problem. All students have the right to a school What is the Minister’s response to the belief of experience that is free from disruption and the TUI that the issue of appeals being upheld on bullying. a technicality has not been addressed? The TUI Recent TUI research revealed the severity of has warned that the Minister has not gone far this problem. One in five post-primary teachers is enough to ensure a level playing field for every subjected to intimidation and threatening behav- member of the school community. It also seems iour every week. There is a need to improve and the Minister has ignored the TUI demand that an guarantee discipline in the schools with a well- appeals panel should normally not recommend resourced behaviour support system. Suspension the reinstatement of pupils in violent cases. and expulsion of students should be the last Surely an appeals panel should include serving resort. For those students who cannot cope with, teachers, as is the case in Northern Ireland and or are not suited to, mainstream education an Britain, or representatives of a teachers’ union. alternative education must be provided. It is not Most agree that section 29 needs reform but acceptable to dump young people with that reform must ensure that unruly students are behavioural problems on the community to not returned on a technicality to the detriment of create more mayhem on the streets. 1543 Education (Miscellaneous Provisions) 15 February 2007. Bill 2007: Second Stage 1544

Mr. O’Connor: I too am happy to contribute was in school I recognise the demands on to this debate on the Education (Miscellaneous teachers. There are two sides to the coin which Provisions) Bill 2007. I am glad the Minister is the Minister understands. taking the time to be present for the debate, as Deputy Finian McGrath said that this debate is she always does, because it is important for her not only concerned with the central issues, about to understand the challenges involved and hear which we know. When we debated the Prisons from those of us who appreciate her efforts in Bill earlier this week I said that it is better to regard to education. I could talk about my con- spend money on education, at every level, than stituency all day. to have to visit young people, from my constitu- ency and others, in places of detention. It is easy Mr. Connaughton: I am sure the Deputy will to say that these issues could be dealt with at do that. school but we must do all we can, particularly in disadvantaged communities, to ensure that young Mr. O’Connor: There will always be problems people get the best start. but this Minister has brought her own skills to The Minister agrees with this principle and has bear on her office. Her background suits her job. visited Tallaght on several occasions where she Unlike the Minister, I do not have a teaching has seen the efforts made by the staff and com- background. Without wishing to be soppy, today munity in the national schools in Killinarden and would have been my mother’s birthday and I spent some time thinking about my background Jobstown to look after young people who might which I try to bring to my political life. It may be at risk. She has also visited the ACE project come as a surprise to Deputy Connaughton that which helps young people complete their edu- I am not from Tallaght. cation and go to university, as they should. Resources should be made available for all these Mr. Connaughton: It does come as a surprise. programmes. The Deputy could have fooled me. There are always demands and various unions knocking on our doors with different points to Ms Hanafin: What a confession. make. The former Minister of State at the Department of Education and Science, Deputy Ms O’Sullivan: It is a pity there is no one here de Valera, came last autumn to see the Early from the media to report that Deputy O’Connor Start programme in St. Thomas’s school in Jobs- is not from Tallaght. town which is under significant pressure. We should do all we can to help it. Mr. O’Connor: I started life in the inner city The Minister initiated the Tallaght West Child- and attended school with the nuns in Clarendon hood Development Initiative, which she visited Street, then went to Synge Street, at a time Gay when Minister of State at the Department of the Byrne describes as “brutal”. Children were Taoiseach. The Taoiseach will visit Tallaght on beaten at that time but I do not have bad memor- Friday week with the Minister of State with ies of my schooldays. I then attended Drimnagh special responsibility for children, Deputy Brian Castle and had no bad times there. In a debate Lenihan, to launch this initiative formally. This such as this one reflects on those days and how concerns helping the community in Tallaght and problems were dealt with then. We live in more elsewhere; there are similar projects in Ballymun enlightened times and the Minister has presided and in the Northside Partnership. over that improvement. The prevention and early intervention prog- I am a former member of the Deansrath Com- ramme which the Department of Health and munity College board. Unfortunately, the school received bad publicity during the week when a Children has initiated examines innovative teacher was assaulted, which is regrettable. There methods for improving outcomes for children in was also a serious incident in St. MacDara’s an integrated way. In a reply to a recent school in Templeogue. I received an anonymous parliamentary question the Minister of State with letter yesterday from a woman in my constitu- special responsibility for children said: ency, expressing serious upset at that incident and The intention is to ensure that local services concern about the atmosphere there and the diffi- connect effectively with one another, making culties it creates for her two children. We must them more focused on the multiple needs of be sympathetic to her point of view. I am not children and families. The strategy will also picking on St. MacDara’s, which is a first class provide for some new services and the re-orien- school, with which I was involved as a member of tation of existing services in the identified area the VEC. Nevertheless, it had a problem last to meet the specific needs of the community. week. Many of these schools have up to 1,000 pupils. Apart from the impact on my community in I visited my local primary school recently and Tallaght this project will be useful elsewhere in noted that the teacher was starting the day at 9 the region and, in time, around the country. It a.m. People in every profession say their work is is important to support these programmes which demanding but although it is a long time since I create the right attitude to education in children. 1545 Education (Miscellaneous Provisions) 15 February 2007. Bill 2007: Second Stage 1546

I often tell young people that had I finished my that this might not be one of the central themes education, I might now have a decent job. That is of the Bill — which I welcome and which I am not intended to be as funny as it sounds. glad is being supported across the floor — but there will always be one young person who, for Mr. Connaughton: There would have been no one reason or another, fall out of the system and stopping Deputy O’Connor. it is not always the case that this fact is identified. Everyone can cite instances of this happening. Ms Hanafin: I bet the Deputy wants to hold on The teacher unions and those they represent will to this job all the same. inform one that schools cannot be all things to all people and that they are obliged to concentrate Mr. O’Connor: Soon after I left school it on those pupils who want to work and achieve. dawned on me that I missed the school and my Young people who fall out of the system should teachers. That is an amazing statement. I missed not be forgotten. The Minister will be aware that the discipline of school. I am particularly interested in a number of pro- I have made efforts to return to education, jects in my constituency that specialise in work of attend evening classes, etc. It is important this nature. Those who work on these projects that—— will always be obliged to challenge the view in the Department regarding what should be done Mr. Connaughton: I would say that the Deputy and who should be doing it. was always a very clever student. The Minister is aware that on a number of occasions I have expressed strong support for the Mr. O’Connor: I recently met a lady at a coffee Citywise education project, which is based at morning who informed me that I was a lovely Jobstown village in Tallaght and which was little boy when I lived in Crumlin. However, my opened by the Taoiseach. This project caters for sisters say this is not true. the young people in the area. Since it commenced I enjoyed school and I still enjoy it. I have a operations, it has run full-time education prog- five year old granddaughter who is taking a great deal of interest in school and who wants to draw, ramme for those who do not attend school and learn about the environment, etc. I am a strong also a range of after-school supports and club and believer in the process in that regard. sporting activities for upwards of 250 local young It is important that the issues the Minister is people from the area of west Tallaght, partic- addressing in the legislation be highlighted. ularly Jobstown, to which I refer. I spoke to those Everyone is aware of situations where particular involved with the project earlier in the week and students are a disruptive influence in school. We I understand they are looking after 15 young all remember our own school days and we have people from the area who, for one reason or heard stories about what has happened to others another, have left school. Some of the children to since becoming involved in political life. When I whom I refer were actually expelled. It is moved to Tallaght, I never had any intention of important, particularly in the context of this legis- becoming a politician. My first involvement in lation, that challenges exist in that regard and local politics — if one could call it that — was on that someone takes action in respect of them. various school boards. I am sure the then parish I have been involved with school boards and priest, Fr. Richard Sherry, who subsequently local politics for almost 30 years. In that context, moved on to Donnybrook, will not mind me out- I am not sure that schools always make the best ing him for appointing me to a number of local possible effort to discover what happens to the primary school boards. It was not perceived that young people who fall out of the system and end he and I were of the same political persuasion. I up being at risk as a result. There is a great deal became a member of South County Dublin VEC of pressure on the school system and those in 1985 and ended up serving on all the school involved are obliged to provide services to those boards in the Tallaght area. children who want to be educated, who want to School boards of management continually raise act properly and who do not want to be disrup- issues relating to discipline with us and there is tive. However, there will always be somebody an expectation that, on each occasion, we should who will drop out of the system and require back them. That is fair enough and, in most special attention. In my view, it is important that instances, we support them. It is important that we should cater for the needs of such individuals. we should support the notion that young people Many Deputies have received representations be safe in their classes and that special attention from the teacher unions, particularly the INTO, be given to those students who want to attend in respect of issues that are of concern to them. classes, do everything right and behave and not Over the next 100 days, as the end of the lifetime be disruptive. This is vital, particularly in the con- of this Da´il approaches, many people will knock text of health and safety issues. on our doors to lobby us and take advantage of As a result of serving on second level school the political climate as they see it. In that context, boards in south-west Dublin over the years, I it is important that we remain focused on what developed concerns with regard to those young we are doing. I am glad the Government is doing people who were expelled from school. I except so. Not long ago, a Taoiseach used to call an elec- 1547 Education (Miscellaneous Provisions) 15 February 2007. Bill 2007: Second Stage 1548

[Mr. O’Connor.] Mr. O’Connor: Members are entitled to make tion, the various parties would hold their conven- political points—— tions and we would then canvass for two and a half weeks before voting took place. I met a man Ms O’Sullivan: We can do that on this side of in Tallaght village this morning who informed me the House too. that the tree outside his house needs to be pruned. He poked me in the shoulder and stated Mr. O’Connor: ——and I have no problem that I should not forget that he has four votes at with that. I admire many of my colleagues on the his disposal and that there is an election in the opposite side of the House, whether they are offing. I am not being flippant by recounting this from Galway or Limerick. story and I have always been accessible and avail- able to people. It is the political season but Mr. Connaughton: Get out the guitar. people must remain focused. I hope the Minister will continue to retain her focus, that she will go Mr. O’Connor: We should give this Minister about her business and that, where possible, she the credit she deserves for what she is trying to will visit schools. There are many schools in achieve. She has been progressive in dealing with Tallaght and in my constituency in general at the issues of concern to all of us and it is which she would be welcome. important that she hears from all of us. Her Let us try to get the job done. I informed some- efforts regarding educational disadvantage are one recently that I am more concerned about fin- getting support. Many people will have a different ishing my first Da´il term successfully than I am perspective on these issues but I believe she is on about being re-elected. It is important that one the right track. There will always be a need for does one’s job. resources but where there is disadvantage it must be addressed. Mr. Connaughton: The Deputy would like to Disadvantage affects schools like the one in my return here all the same. community in Springfield Estate, St. Mark’s, which has a large population of international Mr. O’Connor: It is important to do the job one students. That is a positive aspect but, as the was elected to do and that is my aim. That is why Minister is aware, it raises particular challenges I take every opportunity to speak on behalf of my which it is important to address. I wish the Mini- community in this House. ster well with the legislation, which I support. I referred earlier to what are perceived as dis- advantaged communities. I am not sure that it is Mr. Connaughton: I am delighted to contribute always appropriate to consider specific areas in to the debate on the Education (Miscellaneous certain constituencies, identify them as being dis- Provisions) Bill. I welcome the Bill. Like Deputy advantaged and state that disadvantage does not O’Connor, I do not have an educational back- exist anywhere else. The latter is obviously not ground although a few members of my family are the case. However, there are areas in which more teachers. Something had to be done about disrup- challenges than normal arise in respect of school tive students. I hope this legislation will address attendance and the recruitment of good teachers. the problem but as the Minister is aware there is In fairness, teachers, particularly those with good “many a slip ’tween cup and lip” and legislation experience, are sometimes obliged to make brought before the House often takes on a differ- career choices. It is difficult for schools in dis- ent hue by the time it is passed. However, the advantaged schools to fight to attract or retain Oireachtas is sending a signal to teachers staff on the basis that they might have an easier throughout the country that they can expect some life elsewhere. I hope I will not be contacted by help from the establishment in dealing with this teachers for saying that. problem. It is important that the disadvantaged com- I listened carefully to Deputy O’Sullivan and munities and schools to which I refer will always others who spoke about the other side of this coin require even more help than others. As the and the balance required. I spend a good deal of Taoiseach famously stated, even though all boats time speaking to teachers and principals in east tend to rise in good times, we should not forget Galway and I was told by a principal in a post- the smaller vessels. As far as education is con- primary school there that the disruption can be cerned, it is extremely important that we heed so bad on occasions that he feels he should wear this advice. I will always fight on behalf of the shin guards to school. Thankfully, those cases are various schools in my constituency but it is in the minority but one bad apple in the barrel important to fight even harder for those who can disrupt the entire class if they are allowed require special attention. continue with the behaviour. If the class brat is I wish the Minister well in dealing with the Bill. allowed to upset the whole class a copycat syn- It is important legislation. I am always pleased to drome can develop and others in the class will hear Opposition spokespersons, even this close to think they can get away with the same behaviour. a general election, welcoming legislation. That is a major problem, particularly in larger schools. Some students can be controlled at a cer- Mr. Connaughton: Good man, Charlie. tain level but if they see another student getting 1549 Education (Miscellaneous Provisions) 15 February 2007. Bill 2007: Second Stage 1550 away with disruptive behaviour, they will do the more emphasis must be put on the family and the same. parents in the case of disruptive students. Many Being a principal of a school is a difficult job will argue that if one has responsible parents, one for a variety of reasons I do not have the time to will not have disruptive students. A school princi- go into now. Disruptive students take up much pal informed me that he had one of his teachers teachers’ and principals’ time. We all appreciate trailing a family in a large town in County Galway that there must be checks and balances but in for several months to see why the children were regard to corporal punishment the pendulum has not attending school. The teacher finally met the swung too far the other way. My generation father who assured him his three children would experienced corporal punishment, and there is no be at the school the following morning but only doubt that was a difficult time to be in school; if the teacher paid him. No one will doubt there there was not much talk about the rights of chil- is more trouble in that home than was mentioned dren. I have no time for corporal punishment, nor at the door to the teacher. has any other Member, but the pendulum began It is against this background that we must con- to swing the other way as happens in modern sider the other side of the coin. This Bill draws democracies. In the past eight or ten years in the battle lines and disruptive students will be particular, the news got out that a pupil cannot expelled from the school system. Agencies, there- be touched, regardless of what he or she does. fore, must be put in place to follow their progress Whether that is right or wrong, that is the percep- outside of the school system. The real disaster is tion. This legislation will redress that somewhat if no one cares what happens to such children. and I hope the teachers, principals and vice-prin- Those children left to their own devices outside cipals who will examine it when it is passed will of the system will inevitably have a prison term believe they are in a slightly better position in on their CV. that they will now know where the battle lines Some parents take no blame for disruptive are drawn, which was not clear previously. behaviour. Many teachers have described I do not have enough involvement in education situations where, after some misdemeanour by a to know how the appeal system will work. It pupil, the parents were asked to attend the appears satisfactory but I assume some clever school. When informed of the incident, the person will drive a coach and four through it parents would claim it is not their child who was before too long; it is our job to close off any such wrong, it was the teacher. These kinds of parents loopholes if that happens. claim the teachers are failing their children and I could spend the next half hour rattling off do not have the skills required to teach. I accept examples of cases involving disruptive students. there are bad teachers, just as there are bad Some of the students involved are so ferocious in Deputies and the odd bad Minister. their intent that not only can the teachers not control them but the gardaı´ are unable to do any- thing with them. Some students of 13, 14, 17 or Mr. English: The odd bad Minister. 18 years of age are at a stage in their lives that, regardless of the arm of the State involved, even Mr. Connaughton: Whatever link there is if it is the Garda, they will upset it. between the school and the home, it must include I am aware of some remarkable cases where the parents and guardians of the children the disruption was so bad the students were concerned. eventually expelled. In one case it took almost I admire youth work and extra-curricular two years to do this during which time there were activities. Even in the best communities, there are case conferences and outside agencies became always three or four parents who must do the involved. While all that was going on the school work of 30 or 40. Whatever activity, be it youth was being thrashed. That is the problem with this work, football or hurling, it will always come kind of behaviour. down to three or four good community-minded I hope the message goes out from this Chamber people. The rest of the parents will not become that there will be no room in schools for students involved and are not concerned so long as their who are overly disruptive, whose behaviour children are collected and left home safely. Many places other students at a major disadvantage and parents do not take their share of the responsi- where the dignity of teachers is impugned. I will bility for such activities. I am a great advocate of address the question of where such students the Outreach programme. I was once a youth should be placed, because that will have to be work officer and I believe it is important that done. young people are given the opportunity to I did not hear it mentioned in the debate earl- express themselves out of school hours. All youth ier, and perhaps it is not politically correct to talk organisations, such as Foro´ ige, play an outstand- about it, but I do not understand the reason all ing role. Whatever funding is given to these the responsibility for a child’s education is placed organisations, it must be remembered how on the school authorities. Schools play a major important their work is. role and formal education is one of the most Some of the Minister’s actions tend to counter important aspects of a child’s upbringing but her legislative aims. For example, some services 1551 Education (Miscellaneous Provisions) 15 February 2007. Bill 2007: Second Stage 1552

[Mr. Connaughton.] degrees. If that had not happened, God only in the home school community liaison scheme knows where they would be now. have been reduced. I agree with the Minister’s recent comment that the interaction between pupils and teachers is of Ms Hanafin: There has been no reduction. Up great importance. This makes it even more diffi- to 82 new teachers will be recruited for the cult to understand the overcrowding that exists in scheme. so many schools. I understand the people of my area will have the pleasure of a visit from the Mr. Connaughton: From a reply to a Minister next Saturday, during which I hope to parliamentary question, I understand that the have a chat with her. Pupils are walking over one scheme in Athenry Vocational School will, as of another in Aughrim national school and in Cah- 1 September 2007, be withdrawn. ergal national school outside Tuam, where there was a fire in recent weeks. I visited Aughrim last Ms Hanafin: It will not be withdrawn. week and was astonished at the situation; one could not swing a cat in the old part of the school. Mr. Connaughton: I accept the service will be We cannot expect teachers and children to give spread around a wider catchment area. of their best in such circumstances. As many Members have observed, class size has a major Ms Hanafin: That is not the case. effect on pupils’ performance, as do their sur- roundings. Children and teachers packed into a Mr. Connaughton: The Minister should listen banana box will not do as well as those who enjoy because I know exactly what I am talking about. the modern set-up desired by all. The Minister The staff members who have responsibility for has a great personal interest in this area but much Athenry Vocational School and Loughrea work remains to be done. Vocational School will not have the same remit I cannot imagine why any Member would next September. They will have to cover a larger oppose our proposals regarding voluntary alcohol catchment area with more students. Under the and drug testing in schools. If everybody signs up Bill’s provisions, disruptive students will be to such a scheme, including parents, teachers and removed from school. I could not imagine a boards of management, there is no reason that it better service than the home liaison community should be contentious. Many parents and scheme to deal with disruptive students rather teachers would be only too pleased to see such than expelling them. It has made a positive con- schemes initiated on a voluntary basis. I sincerely tribution in both Loughrea and Athenry. The hope they will be. teachers involved know both the students and parents. With the Exchequer brimming with tax Ms Hanafin: Who would carry out the tests? returns, I cannot understand why this service is being reduced. The work of the scheme has a Mr. Connaughton: If one decides that some- direct and positive bearing on disruptive students thing should be done, a way will be found to do it. because it connects the problems with the family. While the process can be slow and tedious, it Ms Hanafin: Will teachers have to carry out the often works in assisting disruptive students. The blood and urine tests? I am just curious. Minister’s legislative intention runs counter to this. Mr. Connaughton: According to the Minister, The National Educational Psychological she is doing things in education that were never Service, NEPS, is another important service. In a done before. reply to a parliamentary question, I learned 74 national schools in County Galway do not have Ms Hanafin: I merely wonder whether teachers direct access to the service. The Minister claimed will have to do the testing. there was another route they can take to gain access. I was not aware, until it was pointed out Mr. Connaughton: We have put forward a to me, that this can be an expensive route. Even policy. for the schools with access to service, there is an upper quota on the children that can be seen by Ms Hanafin: I simply wonder how it might be the psychologist in any one school each year. implemented. Principals have informed me that in national schools with up to four teachers, there is a limit Mr. English: The Minister is innovative in the to the number of children who can access the area of education and so is the Fine Gael Party. service. The service should be student-orientated. There are ways of implementing such policies if It is a good service that has ensured that children, the will is there. It is a challenge to tackle the who could have fallen through the system, were alcohol and drugs crisis in our schools. There is identified and assisted. I have known disruptive no point in burying our heads in the sand and students who were identified at an early stage to pretending it is not happening. The Taoiseach have learning problems. Remedial action was tried to suggest yesterday that there is no prob- taken and many have gone on to take university lem in this regard. Like his brother, he does not 1553 Education (Miscellaneous Provisions) 15 February 2007. Bill 2007: Second Stage 1554 realise the urgency of the situation. There is a is evident in all sections of society. A different serious problem in our society in terms of alcohol initiative is required for each section. This is one and drug abuse. solution that we hope will work in schools. Out Fine Gael has put forward an idea to alleviate intention is not to catch pupils out, name them as this situation. drug abusers or give them a criminal record. The objective of the scheme is two-fold. First, it offers Ms Hanafin: I merely ask who would carry out young people a means of resisting pressure. We the testing in schools. are all aware that students are under immense pressure to partake of alcohol and drugs. Alcohol Mr. English: I will explain that presently. The is the greater problem but the incidence of drug Minister’s attitude seems to be to reject the pro- use is increasing. posal immediately rather than listen to the Students need a way to overcome serious peer details. pressure. We are all affected by peer pressure at different times in our lives. For young people, Ms Hanafin: No, I am only asking who would that pressure can manifest itself through the use do the testing of blood and urine samples. of drugs and alcohol. Research shows that the possibility of being randomly tested on any given Mr. English: The proposal does not involve school day offers students a way out. When blood and urine testing. Two Irish companies encouraged to use alcohol or drugs by their peers produce the tests that we propose to use in or others, they can opt out because of the possi- schools; they are swab tests that do not involve bility they will be tested in school the next day. It blood or urine. There are five or six different tests is a simple but effective solution. and it is for each school to decide which to use. The second advantage of a programme of vol- We propose that each school should be assigned untary random testing is that it will identify those a drugs adviser who is also a community worker. students who are engaging in alcohol and drug He or she will liaise with boards of management, abuse so that they can be admitted to treatment parents and teachers to implement any initiatives programmes, receive counselling and so on. This considered worthwhile to alleviate the problem of will give them a better chance in life. We on this alcohol and drug abuse in schools. This person side of the House will consider other initiatives will work with teachers to implement those because we owe it to young people to protect initiatives. them and give them a way out from peer pressure Fine Gael in government will implement this and bullies. We have discussed this with boards of scheme. In the meantime, we ask the Govern- management, parents and students. Most of those ment to consider supporting schools in this way. who examine it carefully see it is a worthwhile I agree with the Taoiseach’s comment that any- initiative. thing that might help is worth trying. To question how it might be done and who will perform the As the Minister observed, an important aspect testing is an irresponsible attitude. of this is having somebody to carry out the test- ing. We propose that a drugs adviser, with expert- Ms Hanafin: It is a reasonable question. ise in this area, should be available to every school to give advice on this and other initiatives. Mr. English: Yes, but I object to the way the Boards of management and teachers are not Minister asked it. I appeal to her to keep an open experts on all the issues that affect young people. mind on this. They require guidance and support and it is the Some Members expressed concerns that such a responsibility of the Government to provide that. scheme might infringe pupils’ rights. It is clearly Most students say that alcohol use is rampant a voluntary initiative. We want boards of manage- among their age group, particularly among ment, teachers, parents and even pupils to sign younger secondary school children of 12, 13 and up to it. It will not be forced on anybody. The 14 years of age. As they get older, students can Taoiseach cannot understand how such testing either handle alcohol better or become mature can be both voluntary and random. It is simple. enough to refuse it. Children of 12, 13, and 14 When a school decides to implement this prog- years are vulnerable, however, and must be pro- ramme or another voluntary initiative, parents tected. Fine Gael’s proposal is one way of offer- will be asked to sign up their children. Only those ing that protection and it has a good chance of children whose parents have given permission being successful. The drugs advisers will be able will be subject to random tests. These children to work with schools on other initiatives that will will have volunteered to be randomly tested. It not involve random testing but will be concerned, seems too complicated for the Taoiseach to figure for instance, with encouraging students to engage out but it is a simple process that could deliver in other activities that keep them away from good results. alcohol and drugs. The problem of alcohol and drugs availability I ask the Minister not to mock this proposal in schools creates disciplinary problems and without thinking it through fully. Some Members affects the health and welfare of young people. have argued that implementing it would set us on This problem is not confined to young people but the wrong road, reminiscent of schools in the 1555 Education (Miscellaneous Provisions) 15 February 2007. Bill 2007: Second Stage 1556

[Mr. English.] Indeed, a set of rules would go a long way in Bronx. We wish to prevent our schools becoming many schools. like those schools. It is all about helping young Recently qualified teachers have told me they people and trying to prevent them from engaging did not get enough training in class control, dis- in abusive behaviour. ciplinary procedures and so on and feel Drug and alcohol abuse among students con- unequipped to deal with this issue in the class- tributes to the serious deterioration in discipline room. We need to address that issue. The Mini- in schools. Difficulties in this regard are ongoing ster will probably outline all she is doing but for several years. We debated a motion on this teachers have told me they do not believe they issue a year ago, at which time the Minister said have the skills to handle disciplinary matters. we were overreacting and being alarmist and that Much of that has to do with the person but it also there was no need for changes in this area. We has to do with the procedures. are not being alarmist; the facts show that this is I do not believe the handbook student teachers a serious problem. That is why we support this receive when they leave college has a chapter on Bill as a step in the right direction in tackling the discipline. They should be given help and guid- problem of lack of discipline in schools. ance in the area of discipline because it is a major The Bill brings clarity to the situation. It is problem for teachers. Teachers of all ages have hoped it will make the appeals system more said to us that they can no longer cope in the straightforward and ensure that more appeals are classroom. Some teachers are retiring early upheld. It also clearly sets out the rights of because they cannot handle the pressure of teach- students in terms of the arguments they can ing. Other teachers spend all day trying to control make, and provides that there will be a thorough the class and do not even get to teach. I have investigation before deciding whether schools seen teachers in action and some have very bad have implemented their codes of behaviour cor- methods to deal with discipline, which add to the rectly. Teachers can also engage in bullying problem. Other teachers are very effective. behaviour and we must ensure systems are in Surely we can learn from teachers who get it right place to identify such teachers. The provisions and can control a class. Some teachers do not requiring that everything be investigated have the ability to do so and we must help them, give them guidelines and provide them with thoroughly on behalf of both students and better training. One way or another, we must teachers are welcome. This clear guidance for the solve this problem. appeals procedure is welcome and will help Regardless of how good the teacher, there are ensure that all parties have a fair say. problems with students who need help inside and I have not fully read through the task force outside the school environment. Help should be report, School Matters, but I will go through it given from a very young age. My colleague spoke with a fine-tooth comb. The national behaviour about the role of parents. Parents have an support service assessed the 124 schools which important role in ensuring their children are dis- applied to it. I accept we cannot include every ciplined, mannerly and so on. However, that is school but what was the criteria under which the lacking among many and we must do what we can schools were assessed? Some 50 schools were to fix it. Parenting courses would go a long way picked from the 124 which applied. Did the other towards helping that. Not every parent is perfect. schools miss out because of funding or because Most parents have ups and downs and admit they they did not need the service? Will the Minister do not always get it right. They would be quite give us some information on that? I accept every happy to accept help and guidance along the way. school cannot be included immediately but I However, some parents have to be forced to would like to know if there were other reasons, accept help and guidance. apart from funding, schools were not included. I We must seriously consider parenting courses appreciate it is a start-up project and that every for all parents because it is a difficult time to school cannot be included immediately. bring up young people and to have children given The task force has valuable insights into stra- the pressures we face. It is hard to instill dis- tegies and approaches to deal with disruptive cipline in children, get them ready to become full students. The National Educational Welfare members of society and to treat people with Board is currently finalising its guidelines on respect. We need to help parents and parenting developing and implementing effective codes of courses are one way to do so. If one wants to behaviour. I mentioned before in the House and adopt a child, one must do nearly 18 months of at committee that we need stronger guidelines, courses yet any couple can decide to have a child codes of behaviour and disciplinary procedures without doing a course. On many occasions we for schools. There must be standards across the talk about education as a way to solve problems board. There should not be huge differences but we must accept we can take action to prepare between schools in terms of codes of behaviour, children for school. We cannot expect teachers to breaches of discipline and so on. We need better solve every problem. guidance. Boards of management and schools are While this Bill mainly deals with long-term sus- looking for clear guidelines to be set down. pensions and expulsions from school, I refer to 1557 Education (Miscellaneous Provisions) 15 February 2007. Bill 2007: Second Stage 1558 short-term suspensions. Perhaps I am wrong but to do and provide them with help and support, I believe short-term suspensions are dished out there is a good chance they will not cause major too quickly and, therefore, lose their effect. If problems in school or elsewhere. However, we they are given out all the time, they have no are failing to do that. I do not blame anybody or effect, especially if given out for minor breaches any Government for that. We have failed to act of discipline. One loses a tool one could use at a over a number of years as this country has later stage for a worse breach of discipline. It is developed. Young people are always the last unfair on some students who get suspended for a group on which money is spent in terms of couple of days for the wrong reasons. For some council budgets, etc. It is necessary to provide families, having a child suspended is still a big young people with facilities. embarrassment and can cause serious problems. Students are under much pressure and we It is not simply a couple of days off school and spoke earlier about peer pressure in the context no big deal. It is a big deal and it goes on the of drink and drugs. Addressing that issue will student’s record. The boards will bring forward involve drugs advisers, medical per- codes of discipline and I look forward to debating 3 o’clock sonnel and others who will help with them. We have a serious problem with discipline random testing, etc. Students are which we must tackle in any way we can. under other pressures, whether in terms of Youthreach was mentioned earlier. It does a fashion, religion or otherwise. They are also very good job but it has not been mainstreamed. under pressure as a result of the workload placed It is located in parts of buildings or wherever it on them. Are we expecting too much from some can get some space. If we accept Youthreach has students as they go through their school years? done a good job, surely we can give it proper They do a full day at school and when they go places to hold classes and treat it with the respect home, they do another four or five hours study to which it is entitled. It is doing a very good job or homework. Few people in the workforce and some students are getting a great chance, would work the same number of hours as which they are taking. We need to help and students. Some students doss as do some adults, encourage these students and provide them with Deputies and Ministers. However, many students a proper environment in which to attend school. are under pressure to work many hours to try to One’s environment has a big impact. If classes are get the results they need to climb the ladder in too big, classrooms become crowded, especially if life. We must look at that situation. We ask too there are computers in the room. It is very hard much of our young people today. The education to work in such an environment and for the system has served us well over the years but there teacher to try to control a class. Progress is being has to be a way to relieve the pressure on young made to reduce class sizes but we must realise we people. While many of their problems are are not moving fast enough in some areas. examples of indiscipline and bad behaviour, Prefabs and poor buildings result in young others are tragic. The pressures of society, exam- people having a negative attitude towards their inations and workloads in school contribute to environment. If one is being taught in a prefab, that situation. which is 20 years old and which would fall apart The Bill is relatively small but the lives of if one kicked it, one would not have much respect students are of great significance and we do not for it and for those who work in it. We would not devote enough time to them. They are not prop- work in poor conditions, so we should not expect erly looked after. There is a responsibility on all students to do so. We should demand and expect of us to push their agenda and help as much as better for young people so they will feel better in we can. their classrooms. That alone would help dis- cipline. A range of initiatives should be taken. Minister for Education and Science (Ms Disruptive students cannot be corrected in Hanafin): I thank Deputies for their interest in school alone. There must be more for them out- the Bill and for their comments, not just concern- side the school, namely, in their homes and com- ing discipline but wider issues in education. This munities. Our society has become busier and Bill is only one element in tackling problems of richer but we have forgotten to look after young discipline, which is a serious issue for a small people in their communities. We have not pro- number of schools. In those schools, however, it vided them with the facilities they need. Despite needs to be addressed. The recommendations of the millions of euro spent in recent years, we the task force, which are being implemented as need to do more and provide new initiatives, we speak, were very broad in range and this legis- programmes and structures for young people of lation is just one of those recommendations. all ages in villages, towns and cities to give them In answer to Deputy O’Sullivan, the task force a chance, places to go for support and to meet so comprises psychologists, teachers and principals they do not hang around streets and bad places and they will go into schools as teams. They where they will get into trouble. If young people invited every school to briefing sessions to have excess energy, there is a good chance they explain what their work was about. They invited will do something wrong in school or outside it. applications from schools, of which there were If we keep young people busy, give them plenty 124 in total, 50 of which they prioritised for 1559 Education (Miscellaneous Provisions) 15 February 2007. Bill 2007: Second Stage 1560

[Ms Hanafin.] for clarification and, if it continues not to answer, immediate roll-out based entirely on the infor- it is taken as a de facto refusal. mation given by the schools. There is no set model for how this will work. Ms Enright: Does “formally” mean in writing? Some schools need support in staff training and in internal management. Others need support to Ms Hanafin: Yes. The school cannot kick it into work with individual groups of children and touch. The Bill provides that the appeals commit- others need behavioural support in the classroom. tee can draw inferences from the school failing to Even for the last of those there is no particular comply with the requirement to give information, model because the support offered depends on limiting the capacity of the school to defer the circumstances of the school and the issues it decisions on enrolments. wishes to address. We do not have a preconceived Deputy O’Sullivan asked about expelling a notion of a particular model that will work but student. The educational welfare officer must be are open to what is happening on the ground and notified before a student is expelled and a student are keen to start work immediately. cannot be expelled before 20 days have passed. The budget for 2007 is quite generous, at \8 Some Deputies asked whether such expelled million, and schools will immediately be notified. students were thrown out on to the street. Any- Next week is the mid-term break and the body below a certain age must be accommodated behavioural support team will start working the in another school. I accept that one size does not following week, meaning we will see real progress fit all and some have particular difficulties. We in its work this term. Schools will appreciate the are currently carrying out an audit of other out- high calibre of the leader and other members. of-school provisions that include Youthreach and Their experience on the ground and the ideas the youth encounter project and provide very they bring to the team are varied and will help valuable work, with a view to seeing how they can make a real difference. be strengthened. A recommendation was made They will have to consider other options for for a junior Youthreach, which I would support, schools, such as the involvement of parents’ but I am adamant it should not be for children councils and student councils, to give a voice to aged 12. A child cannot be rejected from a main- students, which are a crucial part of maintaining stream second level school before he or she sets discipline and a code of behaviour. foot in it, which is what would happen because certain children at primary school would be told To answer Deputy English’s question, every to go into Youthreach. That makes them a failure school is required to have an anti-bullying policy. before they start. A template for a number of different policies has Given that one in five primary school teachers been given to all schools and is available on the now deals with children with learning difficulties website, giving schools a formula to use and adapt of one type or another, I hope that problems of to their own situation. I referred earlier to the basic literacy and numeracy could be addressed code on which the National Educational Welfare and supported in primary schools. The school Board is working for primary schools and it is completion programme deals with transition from something for which schools have asked. primary to secondary school as a key element of Staff, students and parents must sign up to a its work. The expansion of home school com- code of behaviour, or for that matter an anti- munity liaison is another feature which can help bullying policy, otherwise it will not work. Signifi- children to make the transition. The evidence cant help has been given recently by the National shows that problems largely arise in second year, Centre for Technology in Education, NCTE, on rather than first, so I do not want 12 year old new forms of bullying such as web bullying, children to be rejected from the mainstream. I mobile telephone bullying etc. If I were to write see junior Youthreach as an added support for out all the things that were happening in com- problems relating to discipline. batting bullying, such as the school support Deputy O’Sullivan raised a subject which is service, social, personal and health education, supported by the task force, namely the idea of legislation, policy templates and campaigns and holistic supports in schools. These may take the supports given by the NCTE, they would amount form of parents’ rooms, for which all the dis- to a national strategy and that strategy is making advantaged schools have been invited to apply a real difference in schools. It is unfortunate that under the dormant accounts scheme. Such initiat- people still suffer in schools, as they suffer in ives support the work of the home school com- society, which is all the more reason why targeted munity liaison officers, of which there are cur- initiatives need to be in place. rently 370, with interviews taking place for the Deputy Enright raised a typical point. She recruitment of a further 80, making a total of 450. mentioned a student who had applied to a Their work will be concentrated on disadvan- number of schools and did not receive even one taged schools but we made it quite clear that answer. If a parent applies formally to a school schools that currently have a service will continue the school must answer within 21 days. If the to hold it, in line with their level of disadvantage school does not answer, the Department can ask and the size of the school population. The 1561 Education (Miscellaneous Provisions) 15 February 2007. Bill 2007: Second Stage 1562 number is over and above the mainstream class- Ms Hanafin: They will improve a school’s room teachers and can make a huge difference. environment. Deputies cannot tell me that a leak- I accept the point that class size can be an issue. ing roof will not have an effect. At second level, which is what we are discussing, there is a teacher for every 13 students. Ms Enright: It has an effect.

Ms O’Sullivan: There are still thousands of Ms Hanafin: Some of the 1,500 projects are students in classes of more than 30 students. large while some are small. The face of the situation has been transformed. Undoubtedly, a Mr. English: It is a statistic, not the reality on number of buildings remain to be dealt with. the ground. Mr. English: The country has transformed. Nat- urally, schools should follow. Ms Hanafin: It is the reality. If one offers sub- ject choices at second level, some classes will be Ms Hanafin: Of course. small. Mr. English: It is no great achievement. Ms O’Sullivan: Some are big. Ms Hanafin: When there are 4,000 schools, it is Ms Hanafin: A student I met told me that there an achievement. Tomorrow, I will visit a school are 28 people in her English class. When I asked that has 13 students and two teachers. her about another of her subjects, she told me that there were two people in her Spanish class. Ms Enright: The Minister should go to Gorey When one tries to get the best use out of one’s where 800 children are crammed into a school. teachers and offers different subjects, some That is the difficulty. classes will be larger than others. Ms Hanafin: For which reason we are building Mr. English: We know that. a new school in Gorey.

Ms Hanafin: There is a teacher for every 13 Ms Enright: Slowly. students, including important posts such as guid- Ms O’Sullivan: The playground of a school I ance teachers, the number of which we have visited this week only has a space of 2 sq. ft. per increased in the past two years—— child.

Ms O’Sullivan: That does not help English Ms Hanafin: The priority must be to provide teachers. educational facilities. If anyone wants to tell me to spend money on playgrounds instead of Ms Hanafin: ——and resource teachers. As classrooms, new schools or science labs—— there is such variety in second level schools, it is important for a school’s management to ensure Mr. English: They are an important part of that the mix of subjects and the distribution of school life. teachers suits the school’s situation. If schools have questions on this matter or on how it is Ms Hanafin: We cannot do it all. being implemented locally, they can raise them with the behaviour support service to determine Ms Enright: The Minister is missing that part whether the matter is having an effect or what of it. type of curriculum is on offer. For example, should they have junior certificate support teams Mr. English: Is the Minister trying to raise a and should they offer more practical subjects? generation of machines? Next September, the new subjects of technology and computer-aided design will be introduced. As Ms Enright: I thought the Minister would like these subjects can suit those who are good with sports facilities. their hands, we should ensure that schools offer Acting Chairman (Mr. Glennon): Allow the such a curriculum to support children. Minister to continue without interruption. If we are to have top class schools, buildings are an issue. As the House is aware, of the coun- Ms O’Sullivan: Is the Minister saying that it is try’s 4,000 schools, 1,500 will have building prog- okay for children to be unable to run around at rammes and their—— break time?

Mr. English: More statistics. Ms Hanafin: No. Children should be allowed to run around, but they do not need to go on break Ms Enright: Most of them involve a new boiler together. A little local management should be or window. used to send classes out one at a time. They do 1563 Priority 15 February 2007. Questions 1564

[Ms Hanafin.] tinue to be priorities, class sizes will be reduced not all need to run around in playgrounds that this year. are too small for them. Deputy Connaughton commented on the important work of Youth Work. I will give credit Mr. English: We want to raise people, not to the former Minister of State, Deputy de machines. Valera, who provided considerable financing for Youth Work, which supports developments in Ms Hanafin: That is right. That children spend schools. 20% of their waking hours in school per year is I look forward to Committee Stage and to wonderful. Deputy English is right in that we hearing the Opposition’s opinions, recom- cannot expect schools to do everything. One must mendations and amendments. Taken with the look to communities and parents because we other recommendations being implemented, I cannot expect teachers to do everything or hope to make a distinct improvement for the schools to answer every problem. small number of schools — it is not a crisis We want to provide quality education for all around the country — with serious disciplinary students. When the task force was launched, I problems. accepted the recommendation to introduce this legislation to rebalance rights, but it is important Question put and agreed to. not to focus on the right to expel. The Bill is con- cerned with ensuring that proper considerations Education (Miscellaneous Provisions) Bill 2007: are taken into account during an appeals process. Referral to Select Committee. The first consideration listed is “the nature, scale Minister for Education and Science (Ms and persistence of any behaviour alleged to have Hanafin): I move: given rise to, or contributed to, the decision made by or on behalf of the board” and the reasonable- That the Bill be referred to the Select Com- ness of any effort made by the school to enable mittee on Education and Science, in accord- the student to participate in and benefit from ance with Standing Order 120(1) and para- education. graph 1(a)(i) of the Orders of Reference of The Bill focuses on individual students. This is that committee. as it should be because constant chattering at the back of a class could be viewed as disruptive Question put and agreed to. behaviour in some schools or be ignored in others. It is important not to ignore an individ- Sitting suspended at 3.15 p.m. and resumed at ual’s rights, but we should recognise the rights of 3.30 p.m. other students to get an education and the rights of teachers to teach. I do not accept that the Bill Ceisteanna — Questions. does not go far enough. It is a rebalancing of rights and provides guidance to an appeals board Priority Questions. on what should be considered. Regarding expulsions, a great deal of section ———— 29 relates to second level schools rather than primary schools. As I told Deputies who raised National Development Plan. the matter of second level class sizes yesterday, 1. Mr. Deenihan asked the Minister for Arts, the schedule for primary level will be sent during Sport and Tourism the measures outlined in the the coming weeks and class sizes will be reduced national development plan that will address the in September, as was the case last year. east-west divide in tourism numbers and income, As I told the INTO this morning, if any Mini- the need to upgrade Ireland’s tourist attractions, ster for Education and Science had stood before particularly outside of Dublin; and if he will make it five years ago and stated that there would be a statement on the matter. [5955/07] 4,000 extra primary school teachers by now, he or she would have been laughed at. If a Minister had Minister for Arts, Sport and Tourism (Mr. stated ten years ago when the Government O’Donoghue): The National Development Plan entered into office that there would be 7,000 or 2007-2013, Transforming Ireland, includes the 8,000 extra teachers by now, the INTO would largest-ever Government investment programme have laughed at him or her. However, both for the development of tourism. This tourism increases have come to pass. development programme, which provides for an \800 million Exchequer investment over the next Mr. English: Likewise the population. seven years, has as one of its fundamental objec- tives the stimulation of regional development. Ms Hanafin: They have been targeted at the The programme includes an international mar- disadvantaged and those with special needs. No keting sub-programme, which provides \335 mil- one suggests that they be targeted elsewhere. lion to promote the island of Ireland in key inter- Having addressed those issues, which will con- national markets. The key objective over the 1565 Priority 15 February 2007. Questions 1566 seven years will be to increase tourism revenue will be an important resource available to the var- and visitor yield and to help achieve a wider ious spending agencies in optimising the tourism regional and seasonal distribution of business. It benefits of their investment under the national also includes a product development and infra- development plan, thereby adding to the social structure sub-programme, which provides \317 and economic impact locally of such spending. million to upgrade and supplement our tourism attractions and activities and to deliver a national Mr. Deenihan: Will the Minister outline the conference centre in Dublin. measures in the national development plan and Earlier today, I launched Fa´ilte Ireland’s tour- the tourism product development strategy ism product development strategy for the period launched today that will distribute tourists more 2007 to 2013. That strategy clearly sets out what evenly throughout the country and provide the must be done to ensure the Irish tourism product attractions that will encourage them to leave is relevant and fit for purpose in today’s changing Dublin? Most of the growth in numbers and in market place. It also identifies the bodies and development has taken place in Dublin. Will the agencies that are in the best position to deliver Minister outline the percentage distribution of the necessary results. In rolling out programmes international tourism revenue between the and initiatives under the strategy, special regard eastern seaboard and the rest of the country for will be paid to the need for integrated regional 2005 and 2006 and the comparable figures for development. 2000? A training and human resource development In light of the increasing numbers of foreign sub-programme is also part of the plan, which will nationals, who are very welcome, working in the invest \148 million in the education and training hotel and catering industry, what steps are being of the tourism workforce, both domestic and non- taken to ensure these staff are well informed national, as well as sustaining structured edu- about Ireland and its tourism attractions so they cational opportunities in the third level colleges can give good advice and information to our and institutes of technology around the country. visitors? It will also provide for the continuation of initiat- Does the Minister recognise that many of our ives aimed at improving management capability tourism attractions are now tired and lack creativ- and networking in SMEs and micro-enterprises at ity? What measures are there in the national regional level. development plan to address this problem and In addition to direct investment through the how long with that take? The Cliffs of Moher tourism development programme, the new NDP centre that was opened last week was in the pipe- includes a range of complementary programmes line for 17 years. that will greatly benefit the future development What measures are being taken to combat litter of tourism. These relate not only to the major and to improve the appearance of our cities, planned capital investment in transport, energy towns and villages? Will the Minister give a com- and environmental services but also to the pro- mitment today on the opening date of the posed investment of over \900 million in culture national conference centre? infrastructure and \990 million in sport infra- structure under my Department’s Vote. Mr. O’Donoghue: The measures announced Many more opportunities for investment in today are intended to benefit the regions. Con- tourism will arise under the new NDP, many of sideration must be given in the course of the which will have a strong regional and rural implementation of the Fa´ilte Ireland strategy to dimension. It will be important, therefore, for various proposals which will come forward. Some developers of tourism attractions to tap into these of our attractions require reinvigoration and it is other sources of funding. These areas include, to our intention to ensure this happens. The inten- mention but a few, the proposed new gateway tion under the product development scheme is to innovation fund, the programme of investment in reinvigorate some of the older attractions and, in North/South co-operation, the rural social and that context, it should be remembered that there economic development programme, the Gael- are 7,500 of these. It is then intended to establish tacht and islands development programme, the some new attractions. built and natural heritage sub-programmes, the The specifics are not spelt out in the plan but waterways sub-programme and the urban and vil- we recognise the need to have particular regard lage renewal fund. to our own culture and heritage. Attractions that As Deputies will be aware, last year I might be considered include those which would announced the appointment of the chairs of the be a showcase for our traditional music, song and five new regional tourism development boards. dance. Also, to accentuate difference is to gain a These boards are now in place and their key greater dividend in terms of numbers from objective is to ensure a greater focus on the indi- foreign shores so it might be appropriate to look vidual needs of each region at a national level, back and consider emigration that has taken and direct involvement for the regions in the place from this country by having a centre similar development of national policy and tourism in concept if not design to the Ellis Island project strategy. These new regional tourism structures in New York. There is a number of projects that 1567 Priority 15 February 2007. Questions 1568

[Mr. O’Donoghue.] the plan, the headline projects are \288 million may be considered and we will seek a regional for the redevelopment of the National Concert spread for them. Hall and the Abbey Theatre, \45 million for the The formulation of new super-regions and the extension of the National Library, \45 million for formation of the new regional tourism develop- the refurbishment of historic buildings and ment boards have given a new impetus to enhanced collection space at the National Gallery regional tourism, as witnessed by substantial of Ireland, \7 million for the Gaiety Theatre, \45 increases last year in visitor numbers to the million for new exhibition space for the Irish regions. There was a substantial increase in the Museum of Modern Art, \10 million for the number of visitors to the south west in 2005. Chester Beatty Library expansion and \20 mil- lion for the National Archives of Ireland. An Ceann Comhairle: We must move on to the This funding is in addition to the current fund- next question. ing provided on a yearly basis to the National Archives, National Library of Ireland, National Mr. Deenihan: Unfortunately the Minister did Gallery, National Museum of Ireland, National not answer any of my questions. Concert Hall, Irish Museum of Modern Art and Chester Beatty Library. It is also in addition to An Ceann Comhairle: We spent seven minutes capital moneys to be provided for routine capital on the question so we must move on. works, acquisitions, exhibitions and digitisation projects at those institutions. Museum Projects. The Deputy will be aware that the Taoiseach 2. Mr. Wall asked the Minister for Arts, Sport unveiled the model and architectural design for and Tourism his plans to support efforts to the Exploration Station, sometimes known as the develop and update Dublin’s cultural infrastruc- national children’s museum on the 5 February ture; specifically the extent to which they are sup- 2007. This facility will be Ireland’s first purpose- porting new galleries for the Museum of Modern built interactive science centre. Art, the development of a cultural zone in Parnell Square, the recently announced new performance Additional information not given on the floor of centre, and any new children’s museum; the level the House and amount of funding he will commit to each of It will strive to inspire a lifelong passion for these projects; and if he will make a statement on discovery and innovation in children and young the matter. [5756/07] adults. It will do this by engaging young minds with a range of interactive exhibits and prog- Mr. O’Donoghue: The largest ever Govern- rammes demonstrating the relevant role of ment investment programme for the development science in our lives. Children are the main focus of arts and culture was unveiled at the end of for this initiative but it will be of interest to January in the National Development Plan 2007- people of all ages with a particular focus on 2013: Transforming Ireland. Some \1.13 billion in young people from disadvantaged backgrounds. capital funding has been allocated to the NDP This initiative is in receipt of capital funding from cultural sub-programme, which will see \904 mil- the Minister for Enterprise, Trade and Employ- lion allocated in respect of areas under the remit ment and I have undertaken to provide up to of my Department over the period 2007 to 2013. 39% of its current funding requirements. This The remaining \226 million is for Irish language commitment is dependent upon me being satis- strategy that is to be administered by the Minister fied that the venture is properly grounded in the for Community, Rural and Gaeltacht Affairs. commercial reality, that provision is made to The Government’s record in the arts and cul- ensure the socially disadvantaged have access to ture area is one of which we can be justifiably the facility, and that a robust business model is proud and I am delighted to outline our goals for prepared. I authorised my Department to provide the coming seven years in this regard. In our fast- \150,000 to the establishment of the station in paced and vibrant economy, it is important to 2006 and have increased this funding to \250,000 remember that economic indicators alone cannot in 2007. measure a strong and healthy society. The well- My Department has provided financial support being of our society is dependent also on the to Dublin City Gallery, the Hugh Lane, which is vitality of our communities. The arts have a criti- situated in Parnell Square, in response to specific cal role to play in enlivening, invigorating and dis- requests for financial support from this gallery. tinguishing our society, locally, nationally and My Department will give due consideration to internationally. Unquestionably, this national any future requests for funding that may be development plan places the arts and cultural sec- received from the gallery. The National Centre tor at the very core of Government policy and at for Partnership and Performance, situated in Par- the leading edge of its developmental objectives. nell Square, which was established by the The National Development Plan 2007-2013 will Government in 2001 and placed on a statutory also provide major capital infrastructure footing in January this year, does not fall within resources in Dublin for cultural purposes. Under my responsibilities. However, I am sure its 1569 Priority 15 February 2007. Questions 1570 location in the square is of benefit to the Square? Has the Minister any plans to work with general area. the council in that area? Has any proposal been Dublin City Council is examining the possi- put to the Minister on the development of that bility of establishing a cultural zone in Parnell area, which has had such significance to Dublin Square and my Department is in discussions with and in particular to those who came from rural the council in the context of determining the areas to reside in Dublin? character, content and positioning of such a zone and its complementarity to the existing and Mr. O’Donoghue: Dublin City Council is anticipated cultural landscape of the city. The examining the possibility of developing a cultural national Access programme, for which \81 mil- zone in Parnell Square. My Department is in dis- lion is provided in the NDP, also covers Dublin cussion with the council in the context of and I will be announcing the second round allo- determining the character, content and posi- cations under the scheme in March. Meantime, tioning of such a zone and its complementarity to the redevelopment and extension projects at the existing and anticipated cultural landscape of Smock Alley and the Gate Theatre have been the city. initiated and construction should commence later this year. Sport and Recreational Development. Mr. Wall: The children’s museum is of major 3. Mr. Gogarty asked the Minister for Arts, significance to many schools not only in the Sport and Tourism his plans for investment in Dublin area, but throughout the country, whose sport under the national development plan, pupils come to the city for school tours. When including the rationale for each sectional allo- will the project be completed? We have all the cation; if a pool at Lucan will be included under other museums, art centres, etc, but I am not the local authority swimming pool programme, aware of any other museums that contribute to subject to an application being made; and if he developing a child’s mind in such a way. What will make a statement on the matter. [5921/07] funding does the national development plan com- mit to the museum? Is it to be a public private Mr. O’Donoghue: Under the sport sub-prog- partnership? Is the site mentioned the best one ramme of the National Development Plan 2007- for it or would it be better placed in the Parnell 2013, the Government will invest \991 million in Square development that Dublin City Council is sporting infrastructure over the next seven years. to make into a civic and arts centre? After the This investment will comprise the following: the development of O’Connell Street, this area needs development of flagship projects, such as the an injection of funding and it has some wonderful National Sports Campus at Abbotstown and the buildings. Is the site proposed for it now written new Lansdowne Road stadium; the delivery of a in stone? range of sporting facilities, including swimming pools, at community and regional level; and sup- Mr. O’Donoghue: The Exploration Station, porting the development of facilities to enhance which is sometimes known as the national chil- the quality of the experience to be enjoyed at dren’s museum and was unveiled by the horse and greyhound racing venues. Taoiseach, does not come under the ambit of my The national development plan includes the Department but the aegis of the Minister for provision of \149 million towards the develop- Enterprise, Trade and Employment. I have ment of a campus of sports facilities at undertaken to provide up to 39% of its current Abbotstown of which \119 million will fund funding requirements. This commitment is phase 1 of the project. This will meet the indoor dependent upon me being satisfied that the ven- and outdoor training needs of Irish elite sports- ture is properly grounded in the commercial persons, who compete at national and inter- reality, that provision is made to ensure the national levels, and will also provide high-quality socially disadvantaged have access to the facility, facilities for the local community. The first steps and that a robust business model is prepared. I in the realisation of the sports campus is commen- authorised my Department to provide \150,000 cing with the refurbishment of the former State to the establishment of the station in 2006 and Laboratory as the new headquarters of the FAI, increased this funding to \250,000 in 2007. which I expect will be ready for occupation later I envisage that the Exploration Station will be this year. completed within the next year or two. However, In addition to overseeing the development of I do not have a precise timeframe and I will phase 1 of the campus, one of the tasks of the request the Minister for Enterprise, Trade and newly established National Sports Campus Employment to communicate the precise time- Development Authority will be to identify and frame — if he has it — to the Deputy. While chil- prioritise the next phase of the development, in dren, particularly those from disadvantaged back- respect of which \30 million is being set aside in grounds, will form the main focus of the initiative, the NDP. it will be of interest to people of all ages. The Government has agreed to provide \191 million towards the redevelopment of Lansdowne Mr. Wall: What are the Minister’s views on Road stadium as a 50,000-seat state-of-the-art Dublin City Council’s proposals for Parnell stadium. The new stadium will be a first-rate 1571 Priority 15 February 2007. Questions 1572

[Mr. O’Donoghue.] enabled a programme of capital investment in facility appropriate to a contemporary inter- horse and greyhound racing tracks in recent years national arena. The planning process must run its which has underpinned a growth in both sectors. course and the outcome of an adjudication by An This will continue under the national develop- Bord Pleana´la on appeals against the granting of ment plan and should enable Horse Racing planning approval for the project by Dublin City Ireland and Bord na gCon to undertake long- Council is awaited. I am optimistic that, by 2010, term planning which will result in the further we will have a second splendid major stadium for development of a network of modern, well-man- field sports in the city of Dublin at Lansdowne aged facilities for both industries which will con- Road. tinue to be attractive to the public. Some \184 million is being provided over the The benefits of participating in sport, whether next seven years for the local authority swimming at the level of competitive sport, recreational pool programme to fund the completion of the sport or active leisure activity, must be fully current round of the programme, which has been appreciated by all. The Government’s investment in operation since 2000, and the launch of a new in sport to date has yielded benefits to people in round which I hope to announce in the coming terms of physical, cultural, educational, emotional months. On the basis of current grant levels, well-being and personal development. This effect, available funding should enable us to embark on though difficult to evaluate, is tangible and very the construction of almost 50 new public pools, real. The value of sports tourism, for example, which will be a very significant addition to our has been placed in the order of \350 million per sporting and recreational infrastructure. year. The Government is determined that people Additional information not given on the floor of should have access to sporting and recreational the House facilities, whether they are competing in sport The current round of the programme, under professionally or simply participating for health, which grant aid of up to \3.8 million is provided, recreation, relaxation and enjoyment. The invest- has been closed to new applicants since July 2000 ment of \991 million under the national develop- in order to give priority to the 57 projects in the ment plan is clear evidence of the importance the round. However, my Department is completing Government attaches to putting in place modern an expenditure review of the local authority well-equipped and well-managed sporting facili- swimming pool programme at present. The ties which will have real and lasting benefit to review is examining, among other things, how the our communities. programme has worked to date and what changes, if any, are required to ensure its effec- Mr. Gogarty: The first part of my question tive and efficient delivery. The review is currently relates to how the funding will be allocated. I will being finalised and it is my intention to publish it not get into an argument about the horse and as soon as possible. Following consideration of greyhound racing fund, which I have raised the recommendations in the review, it is my before. Given that the nationwide audit of sports intention to launch a new round of the local auth- facilities promised in the programme for Govern- ority swimming pool programme as soon as pos- ment may not be ready by the time the Govern- sible. When the programme is re-opened, it will ment ends its term, what plan does the Minister be open to all local authorities to submit appli- have to ascertain the best locations to which to cations under the terms that will apply — this allocate the money under the sports capital prog- includes South Dublin County Council in respect ramme, for example, or the local authority swim- of proposals for a pool at Lucan. ming pool programme? Has any detailed analysis The corner stone for the much-improved sport- been done or is it planned to do such analysis ing infrastructure of the country during the term on the number of new schools in an area and its of the Government has been the national lottery- demographics and their relationship to sporting funded sports capital programme. The prog- need so that we can target where sporting invest- ramme has helped provide hundreds of new ment needs to be made? pitches, changing rooms, sports halls and much I welcome the investment outlined in the NDP. needed equipment to sports clubs throughout However, we need to ensure that whatever Ireland. Government comes after this one tries to allocate The national development plan will ensure the the funding fairly and on the basis of need. That continuation of the sports capital programme and has not necessarily happened in the past. The the provision of sport and recreational facilities sports clubs and groups with the best organis- on a nationwide basis. Almost \420 million will ations have made submissions resulting in a geo- be allocated over the period of the plan, once graphical anomaly. Is there a mechanism in place again highlighting the Government’s commitment to identify need and to ensure funding is appro- to ensuring that people throughout the country priately targeted? will have access to top-of-the-range sporting facilities. Mr. O’Donoghue: The first phase of the audit The Government’s commitment to funding of is under way in my Department. There is no the Irish horse and greyhound racing industries doubt but that it will not be completed before the through the horse and greyhound racing fund has forthcoming election. However, I anticipate that 1573 Priority 15 February 2007. Questions 1574 in due course the results of the audit will be made Mr. O’Donoghue: Last autumn, the Govern- available. Facilities which are grant aided must ment decided to proceed with the redevelopment comply with certain criteria. Each proposal is of the Abbey Theatre at George’s Dock on a benchmarked against this criteria. A project that build, finance, and maintain, BFM, basis. At the does not qualify having been benchmarked does same time, I announced the holding of an inter- not receive grant aid. Where grant aid is national design competition for the new Abbey approved it does not automatically follow that the Theatre, details of which have yet to be pub- funding will accrue to the organisation concerned. lished. The OPW is currently working on the All of the conditions imposed in respect of the detailed technical specifications for the compe- allocation of a grant must be fulfilled by the tition and these will be available to interested organisation concerned. This includes compliance parties when finalised and the competition has with all relevant planning guidelines and by-laws been formally published. A competition of this and the availability of local funding for the pro- nature is a complex one and takes time to perfect. ject. Projects are not simply plucked from here An added complexity to be addressed is the and there, each project is benchmarked against a handover of the winning design to the winning public-private partnership, PPP. This must also set of strict criteria. Many of the issues raised by be addressed in the competition documentation. Deputy Gogarty are covered by the criteria used A jury is being set up to select the winning in the benchmarking process. design. The jury will comprise representatives from the Department of Arts, Sport and Tourism, Mr. Gogarty: Is there a top town analysis in the OPW, the Dublin Docklands Development terms of need which would allow particular Authority, the Arts Council and the Abbey Thea- groups to apply? On the swimming pool prog- tre. When a winning design has been selected the ramme, will the Department liaise with the building will be procured by means of a build, Department of Education and Science on the finance and maintain public private partnership. provision for multi-use school campuses of a A construction phase of approximately 18 months swimming pool partially funded by the Depart- is envisaged once the PPP contract has been ment of Arts, Sport and Tourism? Lastly—— signed.

An Ceann Comhairle: There is not time for a Mr. Deenihan: The impression was given on 6 third question. September last that this competition would com- mence immediately. When will the competition Mr. Gogarty: When will the new swimming commence? How long will it take and when will pool programme be announced and what is the the successful designer be announced? This saga timeframe for application? has been ongoing for the past ten years. The national theatre is operating in antiquated con- Mr. O’Donoghue: I hope to announce the new ditions which is not fair to the performers, artistic swimming pool programme in the next couple of directors or patrons. It is time this saga was months. Applications in that regard will then be brought to a close. Also, when does he expect invited from various towns and cities. The appli- work will commence on the new theatre and does cations will be individually examined because he have a completion date in that regard? each applicant will be required to submit a pre- Mr. O’Donoghue: I have given Deputy liminary report. The OPW and the Department Deenihan an outline of what I consider to be the of Arts, Sport and Tourism must be satisfied as timeframe involved. It is impossible for me to to the need, feasibility and viability of each appli- state how long the public private partnership will cation as is the case in regard to sports capital take. The PPP contract is complex, as we learned funding. The population of a particular town or during the development of proposals for the city will be important in considering whether National Conference Centre. It is a lengthy and additional facilities are required. These factors complex method of procurement. are considered in the context of the criteria laid down. I reiterate that projects are not simply Mr. Deenihan: Can the Minister give any plucked out of the air willy nilly. Each project is indication—— assessed on its merits and benchmarked against the relevant criterion. Mr. O’Donoghue: The OPW is working on a detailed technical specification for the compe- National Theatre. tition in regard to the Abbey Theatre. Obviously, all of this documentation will be made available 4. Mr. Deenihan asked the Minister for Arts, to interested parties when finalised and the com- Sport and Tourism if the international design petition has been formally published. It is not competition for the proposed new national thea- possible for me to say at this point when exactly tre announced by him on 7 September 2006 has the new designer will be selected. I had hoped been completed; if a winning design has been that we would be in a position to present the new selected; and if he will make a statement on the design this summer. I remain hopeful that will be matter. [5956/07] the case. We will then be required to move on to 1575 Other 15 February 2007. Questions 1576

[Mr. O’Donoghue.] Mr. O’Donoghue: The redevelopment of the the PPP stage following which all relevant finan- Curragh racecourse is part of an overall prog- cial proposals will have to be examined. Only ramme through which \280 million will be then can the contract for construction of the thea- invested in racecourse development throughout tre be placed. As I stated earlier, it is envisaged the country by the end of 2007 under Horse Rac- that once that process is finalised, construction ing Ireland’s, HRI, capital development fund for should be completed within approximately 18 Irish racecourses. Under this fund, HRI, which is months. That is as accurate as I can be on this. the statutory body responsible for the horseracing industry, will provide up to \140 million in grant Mr. Deenihan: The Minister is being very aid with racecourses financing the balance from ambitious in terms of presenting the new design their own resources. HRI has approved grant aid this summer given the competition has not yet of \35.6 million towards the redevelopment of the been announced. When exactly will it be Curragh racecourse. announced? Can he give a timeframe for com- HRI receives a guaranteed level of funding mencement and completion of the project? Will each year from the horse and greyhound racing this saga continue for another ten years? I remind fund, which is based on accrued excise duty on the Minister that the Cliffs of Moher project was off-course betting, subject to a mini- in the pipeline for some 17 years. We must ensure 4 o’clock mum level based on the year 2000 this project which has been ongoing for ten years level adjusted for inflation. Any does not continue for that long. shortfall in the amount generated by the excise duty is made up by direct Exchequer subvention. Mr. O’Donoghue: The idea for the Cliffs of Since 2001, HRI has received over \317 million Moher project may have been thought of 17 years from the horse and greyhound racing fund and ago but it was presented to me only in the context will receive a further \58 million from the fund of the tourism product development scheme in in 2007. The new national development plan, the past couple of years. covering the period 2007-13, includes \70 million in capital provision for the horse and greyhound Mr. Deenihan: I am seeking information in racing industries which will enable HRI and Bord regard to the Abbey Theatre. na gCon to undertake the further development of a network of facilities for both industries. In Mr. O’Donoghue: Funding of \10.5 million was addition, both industries also receive a significant sanctioned for that project. Despite only a couple level of current funding under the provisions of of years passing since the project was first dis- the fund which enables the industries to meet cussed with Clare County Council, the project is borrowing commitments. now in place. That is pretty good going by any The redevelopment of the Curragh racecourse, standards. which is the flagship project for Kildare, will involve the movement of the existing road, con- Mr. Deenihan: What about the Abbey struction of a new grandstand and facilities and Theatre? the relocation of the Stand House Hotel to over- look the racecourse. This will result in a world- Mr. O’Donoghue: I have given as good an out- class facility and further enhance Ireland’s repu- line of the timeframe as I can. There is no point tation as a world leader in the field of horse rac- in explaining the matter further. ing. Work has now commenced on the road and this is scheduled to be completed by the end of An Ceann Comhairle: Question No. 5 cannot May 2007. The full redevelopment is scheduled be taken as Deputy Ferris is not present. for completion in 2009. The redevelopment of the racecourse has Question No. 5 lapsed. received the support of His Highness, the Aga Khan, who in 2003 purchased the Stand House Other Questions. Hotel adjacent to the racecourse and donated it to the Turf Club on behalf of Irish racing. I ———— acknowledge his generosity and the role played by the then senior steward of the Turf Club, Ray Rooney. The redevelopment has also received Horseracing Ireland. the support of three leading owners who are 6. Mr. Stagg asked the Minister for Arts, Sport sponsoring the construction cost of the road and and Tourism if he will clarify his recent call for it was in this context that I recently urged those figures within the racing industry to support the who benefit most from the industry to also sup- redevelopment of the Curragh Racecourse; the port the redevelopment of the Curragh race- amount of money the Government has hitherto course, which is the home of flat racing in Ireland. pledged to the redevelopment; if he anticipates I acknowledge the role played by all involved further Government support for this project; and with the Curragh racecourse, including the cur- if he will make a statement on the matter. rent senior steward, Pierce Molony, and thank [5547/07] them for their continuing effort and commitment. 1577 Other 15 February 2007. Questions 1578

Mr. Wall: I thank the Minister for his compre- Legislative Programme. hensive reply and associate myself with his 7. Mr. Stagg asked the Minister for Arts, Sport remarks about the Aga Khan and the three and Tourism his legislative priorities for the new owners. I attended the Moyglare dinner at the K Da´il session; and if he will make a statement on Club at which the Minister stated he was looking the matter. [5561/07] for others to do as those owners did and get behind the project. This gives rise to concern that Mr. O’Donoghue: My legislative priorities are some aspects of the industry are not fully sup- the two Bills from this Department listed on the portive of the development at the Curragh. I Government legislation programme for the spring asked the question to find out whether the Mini- session of 2007 — the Irish Sports Council ster’s remarks were a general overview of the (Amendment) Bill and the Bord na gCon position aimed at getting everyone who could (Amendment) Bill. The purpose of the Irish support the Curragh in their own way to do so, Sports Council (Amendment) Bill is to provide although they may not have offered financial sup- for the granting of powers to the Irish Sports port like the three owners. It is the flagship of Council to establish subsidiary companies. the flat racing world and certainly generates huge The Bord na gCon (Amendment) Bill is revenue for Kildare and the counties in its catch- intended to give effect to the recommendations ment area during the flat season. I asked the of the recent Dalton report into certain matters question to see whether it was a general overview affecting Bord na gCon. The Bill deals with the to get people involved who could take on other reconfiguration of the board, with particular ref- aspects of the development and sponsor or fund erence to the number and tenure of ordinary it as the three owners have done in respect of the board members and the tenure of the chairman, new road. This road, which is nearing completion, and the need to separate regulatory functions will certainly be very significant for safety and the from promotional functions, both of which are transport of horses on the Curragh and will allow now the responsibility of Bord na gCon. the development to take place. Did the Minister believe there was someone who could add further Mr. Wall: Obviously, these are two important to the development at the Curragh? Bills. It is of the utmost importance that the measures in the Bord na gCon (Amendment) Bill Are there other sporting events or aspects of are implemented as a matter of urgency. sport which could be catered for at the Curragh? Obviously, determining the business of the House I know that, at one stage, the late Michael depends on the Whips. Can the Minister indicate Osborne, God rest him, proposed that a project when the Bord na gCon (Amendment) Bill will concerning national hunt racing could be under- be introduced? Which of the Bills will be intro- taken. I do not think this developed into any- duced first? Does he envisage that both of them thing. Does the Minister have a view on this? will be completed this session? The Bord na gCon (Amendment) Bill has huge significance and Mr. O’Donoghue: My remarks at the dinner, to everyone in the greyhound racing industry is which the Deputy referred, were of a general nat- seeking to have it completed as a matter of ure in acknowledging the contribution of His urgency. Highness, the Aga Khan, and the generosity of John Magnier, Michael Tabor and Derrick Smith. Mr. O’Donoghue: I imagine the Irish Sports I was encouraging other people involved in the Council (Amendment) Bill, which is at an industry who benefit from it to see whether they advanced stage of preparation with just a small could also invest for the benefit of the racing number of technical issues to be resolved, will be industry and, in particular, the benefit of racing the first to come before the House. It is difficult in Kildare and its flagship project, the Curragh, to know whether the legislation will be passed which is the headquarters of Irish flat racing. during the course of this Da´il. I think the time To answer Deputy Wall’s second question, I do might be tight. not envisage national hunt racing taking place at the Curragh under this particular development. Tourism Industry. The Curragh will remain a flat racing course 8. Mr. Cuffe asked the Minister for Arts, Sport which is, unquestionably, one of the finest of its and Tourism his views on the latest quarterly kind in the world. I am delighted that this major tourism figures. [5655/07] development for Kildare, Irish flat racing and the Irish racing industry is taking place. It is very 13. Ms Lynch asked the Minister for Arts, important. In 2009, when the racing and general Sport and Tourism if his attention has been public see the newly designed Curragh, they will drawn to recent comments from the chief execu- agree this is a state-of-the-art, world-class race tive of Tourism Ireland that the ambitious growth track with every modern facility available. I envis- targets in the tourism sector here could be jeop- age it making an enormous contribution to the ardised by some external challenges, but also by Irish racing industry, sporting public and, in part- value for money concerns within Ireland and by icular, the economy of County Kildare. a perceived deterioration in hospitality here 1579 Other 15 February 2007. Questions 1580

[Ms Lynch.] enable both agencies to significantly step up their towards foreign visitors; his views on these senti- marketing activities. ments; the efforts he is making to address them; The indicators for 2007 are positive but it and if he will make a statement on the matter. would be a mistake to be complacent. If we have [5549/07] learned anything from the past five years, it is to expect the unexpected. We do not know what we 20. Mr. Gilmore asked the Minister for Arts, could face in terms of international developments Sport and Tourism if his attention has been and the Irish tourism industry and tourism agen- drawn to new figures from Tourism Ireland show- cies have weathered many storms over the past ing that while tourism revenue increased in 2006, five years. We have learned to be flexible, to it did not equate to the rise in visitor numbers, adapt and to take nothing for granted in the due to primary growth coming from short stay process. visitors from eastern Europe; his views on this It is a tough world in the international tourism discrepancy; and if he will make a statement on marketplace and nowadays we have to run pretty the matter. [5548/07] hard just to stand still. In that context, it is gratify- ing we are doing so well. Our marketing invest- Mr. O’Donoghue: I propose to take Questions ment has certainly been paying off but Tourism Nos. 8, 13 and 20 together. Ireland is indicating that we cannot live by mar- The CSO has not yet produced last December’s keting alone. Put simply, the product experience tourism figures, but all of the indications are that must deliver on the promise. 2006 was a landmark year for tourism. We expect Competitiveness is still an issue and will con- to have received a total of 7.4 million visitors in tinue to be, as it will for most high-cost desti- 2006, an increase of close to 10% on 2005. Figures nations. The higher the cost of the product, the from the CSO for the first nine months of the more emphasis we must place on quality and year show an increase of 11% in foreign revenue value for money. Visitors should be satisfied they earnings. In respect of mainland Europe, the 11- are getting value for their money. Research shows month figures show numbers are up by almost that, in general, it is the basic cost-of-living items 19% on the corresponding period in 2005. that impact most on visitors’ awareness in terms Part of this impressive performance has been of value for money, and not the basic tourism and due to an increased number of visitors from cen- travel components, such as the cost of transport tral and eastern Europe and there is no doubt this and accommodation. region will be an increasingly important tourism The friendliness of the Irish people and the market for Ireland. However, the bulk of our welcome for the visitor is legendary and has been growth from mainland Europe in 2006 still came a pillar of Irish tourism for a long time. However, from our traditional markets. the pace of life and composition of our workforce Outside of mainland Europe, all of our major is changing. Visitors to many of our hotels and tourism markets have shown healthy increases in restaurants, especially in the cities, meet fewer the first 11 months of 2006, with visitors from Irish staff. If visitors look forward to meeting Great Britain up by 6.2%, visitors from north Irish people and they do not have that experi- America up by 10.5% and visitors from other ence, they may feel somewhat disappointed. long-haul routes up by 7.8%. Our immigrant workforce in the hospitality Looking ahead to 2007, a growth target of 5.6% industry provides a great level of service and has in overseas visitor numbers has been set. This injected a new cosmopolitan dynamic into Irish represents a higher rate of growth than that pre- tourism but there is that intangible Irish “thing” dicted for international tourism this year. The tar- — wit, craic or the potential to be surprised by get is particularly ambitious when viewed against humorous insights or exchanges — that legend the background of changing consumer prefer- almost demands be part of the Irish experience ences, tougher international competition and and which is hard to manufacture. We are cur- pressures on Ireland’s relative competitive posi- rently in a transition period and we have to man- tioning. In particular, the continuation of the later age that. Nevertheless it is important to point out booking pattern, changing consumer demands that our traditional tourism pillars of people and and the increased demand for authentic holiday place are still holding up as major sources of satis- experiences will pose challenges for the industry faction in our visitor surveys. here. Given the challenges, it is all the more This year, I was pleased to again secure record important that we focus strongly on improving levels of Exchequer investment for tourism the quality of our service and product, as well as services, a total of \154 million. This will enable other issues that impact on the tourism experi- both Tourism Ireland and Fa´ilte Ireland to ence. My Department and the tourism industry implement a comprehensive set of programmes will continue to focus on implementation of the to help ensure targets are met. In particular, the New Horizons tourism strategy and its associated increased marketing fund of \45 million, an action plan to ensure the current good level of increase of 12.5% on last year’s provision, will progress is maintained. 1581 Other 15 February 2007. Questions 1582

Mr. Gogarty: Although our tourism figures bution of international tourism revenue between have continued to rise, the length of stay has the eastern seaboard and the rest of the country tended to decrease. This shows that notwithstand- for 2005 and 2006, as well as comparable figures ing people’s pressurised lives, they find Ireland for 2000? too costly and are staying here for a shorter As the Minister has mentioned, a number of period. foreign nationals now work in our hotel and It is interesting to note that since 1999 we had catering industries, which we all welcome. What a surplus of \650 million in terms of earnings specific steps is the Government taking to ensure from all visitors to Ireland versus expenditure by they are equipped with information, that they can Irish visitors abroad. Now we have a deficit of give directions and that they understand the ethos almost the same amount. While the tourism sec- of Irish tourism? tor is doing well, in relative terms it is not doing When will the building of the National Con- that well as the Exchequer is suffering with ference Centre commence? The turning of the regard to overall spending on tourism, taking into sod will no doubt be a big event. account Irish spending abroad versus the spend- ing of visitors here. An Ceann Comhairle: We are moving away Are there any further plans to market to our from the scope of the questions before us. native population, given the amount of time a traveller will be stuck in airports with security Mr. Deenihan: The questions I have asked are checks? What quality products can be offered? If related. one goes to Northern Ireland local people can be seen working in the industry. Will the Minister An Ceann Comhairle: These are mainly stat- procure marketing or financial incentives to istical questions. ensure local people here can be part of the product? Mr. Deenihan: The Minister gave statistics. The question itself was on statistics. Mr. O’Donoghue: It is estimated that over the next six years, approximately 6,000 additional Mr. O’Donoghue: It was not. people will be required for the tourism industry here. The industry already accounts for more Mr. Deenihan: It referred to quarterly tourism than 3% of GNP and has attracted approximately figures. 246,000 to its workforce. It is clearly important we ensure people are Mr. O’Donoghue: If Deputy Deenihan wished incentivised. In that respect I was pleased to us to give the specifics, if available, on the break- announce this morning that we will make \148 down of the amount spent on the east coast and million available to ensure the human resource west coast by visitors to the country, he should element of the tourism industry is looked after, have put down a question to that effect. people are trained for the industry and businesses are in a position to adapt to changing cir- Mr. Deenihan: I asked that question. cumstances. With regard to domestic tourism and Irish Mr. O’Donoghue: What I can say to Deputy people holidaying abroad, it is true that in any Deenihan is there is evidence of a substantial buoyant economy people will tend to go abroad increase last year in the number of visitors com- on holidays. It is also true of a buoyant economy ing to the regions. Of that, there is no question. that people tend to take breaks at home, which is There is a correlation between the increase in the the reason we have seen a major increase in the number of visitors and the revenue. I have number of Irish people holidaying at home. The explained all of that already. industry earned approximately \4.3 billion from With regard to the national conference centre, foreign sources last year, but it is sometimes for- about which Deputy Deenihan asked, I anticipate gotten that the income from domestic sources was we should be in a position to close the deal on it \1.6 billion, giving a total of \5.9 billion. in the very near future. Some loose ends require In addition, statistics show that visitor numbers to be tied up and then I sincerely hope we will to this country to the end of November last year be in a position to proceed with it. A national increased by 10.3%, but revenue for the first conference centre is of immense importance three quarters increased by 11%. There is now a because of the fact that we anticipate it will be definite correlation between the increase in the worth in the order of \50 million in additional number of visitors and increase in revenue. tourism revenue to Dublin and will attract any- thing up to 30,000 additional visitors to the city. Mr. Deenihan: The Minister might answer the On the statistical questions which Deputy questions asked during the priority question that Deenihan asked, I will try to get the figures he he refused to answer. He is very much into statis- requested. I cannot guarantee they are available tics and I am sure he will have those I am after. but we will try to come as close as we can to get- Will he outline specifically the percentage distri- ting them. 1583 Other 15 February 2007. Questions 1584

Mr. Wall: What prompted this question was a they had expected. The costs that caused most statement by the chief executive of Tourism surprise related to eating out and alcohol, Ireland, Mr. Paul O’Toole, to the effect that a although there is also evidence of resistance to number of factors could impinge on the ambitious other costs such as food in shops and supermar- growth rates for the future. He went on to talk kets, accommodation and car hire. about currency fluctuations, global socio-econ- With regard to the Irish welcome, we omic uncertainty and a number of other factors. announced a substantial fund this morning for He also referred to the decline in the value for human resources training under the new national money rating and the perception of tourists that development plan under the Fa´ilte Ireland tour- the warmth of the Irish welcome was beginning ism strategy. I anticipate this should result in far to disappear. I accept I have not had an oppor- greater professionalism among new people in tunity to see the statement released this morning the industry. about what is being done in that regard. What is being done to change that perception given the National Concert Hall. context of such an important person in the indus- try stating his concern about the value for 9. Ms McManus asked the Minister for Arts, money rating? Sport and Tourism the situation in regard to the Given all the recent price increases for gas, new National Concert Hall complex; if he will electricity etc., the tourism industry will have to report on the inaugural meeting of the steering pass on some of them. What can we do to over- committee for the redevelopment; and if he will come the two factors referred to by the CEO? make a statement on the matter. [5550/07] The Minister may reply that some discussion on this matter took place this morning but I am 31. Mr. Deenihan asked the Minister for Arts, unaware of what was said because I was in Sport and Tourism the position regarding the Kildare at a function attended by the Taoiseach. extension to the National Concert Hall; and if he I have not seen any press release on this matter. will make a statement on the matter. [5704/07]

Mr. O’Donoghue: It is understandable the Mr. O’Donoghue: I propose to take Questions chief executive of Tourism Ireland would make Nos. 9 and 31 together. his concerns known on two very important issues. The inaugural meeting of the inter-agency As Deputy Wall stated, one of these relates to steering committee established for the redevelop- competitiveness and value for money. The other ment of the National Concert Hall was held on 4 matter relates to the warmth of the Irish wel- December 2006, under the chairmanship of the come. Both factors are of pivotal importance in Secretary General of my Department. The com- terms of advancing the cause of the tourism mittee members are the Secretary General of my industry. Department, the chairman of the Office of Public Ours is a free market economy. We have Works, the chairman of the National Concert advised the industry on numerous occasions Hall, the manager of Dublin City Council, a rep- about the need to remain competitive and to offer resentative of the National Development Finance value for money. To be fair, there has been a Agency, and the assistant Secretary General of response. For example, the Restaurants Associ- my Department with responsibility for the arts ation Of Ireland introduced a value menu and, in and culture brief. The director of the National general, several outlets offer reasonable bargains Concert Hall was in attendance at this meeting to potential visitors to their establishments. We also. My Department provided the secretary to have seen an improvement in the perception of the committee. foreign visitors where value for money issues and The task of the inter-agency steering commit- competitiveness are concerned. There is no ques- tee, in general terms, is to oversee the procure- tion but satisfaction with all-round value for ment, negotiation and construction phases of the money has improved since 2004. However, I design, build, finance and maintain PPP for the accept it remains below the levels recorded in the redevelopment of the National Concert Hall, in early years of the decade and it continues to be compliance with relevant Department of Finance the most critically greeted aspect of the Irish guidelines and in adherence to the terms of the holiday experience. Government decisions germane to the project, Overall, 14% of holidaymakers in 2006 were and to realise the vision set for the project. dissatisfied with the statement that Ireland As the inter-agency steering committee is offered good all-round value for money, but a overseeing a deliberative, commercially sensitive much higher percentage, just over two in five PPP process, it would be inappropriate to report people, or 41%, were satisfied with this aspect of on its meetings. The committee’s terms of refer- their holiday. It appears the message is getting ence require it “to maintain confidential all through. The comparatively negative view of materials that shall come to be considered by it, good all-round value for money is reflected in having regard to the commercially sensitive how holidaymakers perceive the cost of living in aspects of the process, and relevant governing Ireland. Almost half described it as higher than legislation”. 1585 Other 15 February 2007. Questions 1586

As I stated in my reply to Parliamentary Ques- Department of Arts, Sports and Tourism. He was tion No. 10 of 26 October 2006, contracts for the accessible at all times to the Opposition and help- purchase of the interest of University College ful. I wish Mr. Con Haugh the best in his new Dublin in the Earlsfort Terrace site were position. He will fill the shoes of Mr. Philip executed on 20 September 2006. University Furlong. College Dublin has already transferred some of There will be surplus space when UCD medical its personnel and functions to Belfield and will and engineering faculties relocate to Belfield. The decant from the remainder in 2007. A lease-back Royal Irish Academy of Music has requested arrangement has been put in place by the OPW accommodation on the site of the existing concert with the college until late 2007, by which time the hall. Synergy would occur between the concert college will have fully vacated the premises. hall, the three performing spaces and the Royal Irish Academy of Music. This institution Mr. Wall: I thank Mr. Philip Furlong, who I produces the talent of the future and it would be understand retires today, for all his help and convenient for major international performers to assistance to me as party spokesperson. Will he interact with the students of the academy. The continue to be chair of this committee andm if academy could put on major performances in the not, has the Minister selected someone to replace new concert hall. Has this possibility been him? Given his experience in the Department explored and will the Minister consider my and the nature of the development I would wel- proposal? come him remaining in this position. This question appears to be tabled ad nauseam. Mr. O’Donoghue: I advised Deputy Deenihan Can the Minister outline a timeframe for the that I would bring this proposal to the attention completion of the project? Will it take two, three of the steering group and the board of the or four years? Is it possible for the Minister to National Concert Hall. I have no update on the indicate a completion date of 2008, 2009 or what- situation but will make inquiries about the cur- ever? That is what people in the tourism sector rent position and write to Deputy Deenihan. and lovers of music wish to hear. Film Industry Development. Mr. O’Donoghue: Whether Mr. Furlong remains as chairman of the steering group will 10. Mr. Gilmore asked the Minister for Arts, hinge on circumstances which have yet to unfold. Sport and Tourism the latest efforts being made It is not possible to say at this point what will be to attract more international film-makers to the case. I hope he will be in a position to con- produce their films here; his views on the drop- tinue as chairperson because, as Deputy Wall off in the number of films being produced here; stated, he is a man of considerable experience. and if he will make a statement on the matter. He was also successfully involved in the national [5562/07] conference centre. Mr. Furlong retires today after a distinguished Mr. O’Donoghue: I refer the Deputy to my life in public service that began in 1961, when he previous replies of 26 October 2006 and 30 joined the Civil Service as an executive officer, November 2006 regarding the incentives available rising to Assistant Secretary General of the for film production in the State. I explained at Department of Finance and Secretary General at that time that the task of attracting international the Department of Arts, Gaeltacht, Heritage and production to Ireland is dependent on a number the Islands and Secretary General of the Depart- of elements, not all of which fall within the sphere ment of Arts, Sports and Tourism. On this aus- of influence of my Department or of the Irish picious occasion, I wish to record the outstanding Film Board. Decisions to site a film project in a achievement of Mr. Furlong. He was an outstand- particular territory involve complex funding, cul- ing civil servant and a man whose commitment, tural, logistical and project-specific elements, all experience and knowledge is acknowledged of which must gel for a successful result. As throughout the public service. described in these previous replies, primary Regarding the National Concert Hall, I cannot responsibility for the support and promotion of give an exact timeframe to Deputy Furlong—— film-making in Ireland in respect of both the indigenous sector and inward productions is a Mr. Deenihan: He would make a great Minister matter for the Irish Film Board. This agency is for Arts, Sport and Tourism. funded through my Department and is indepen- dent of the Department in its operations. Mr. O’Donoghue: I mean Deputy Wall. Maybe My Department’s primary role in supporting Mr. Furlong will be a Deputy later. He would be the film sector relates to the administration of a great Minister because he helped me. Work is elements of the section 481 tax relief scheme. I advanced on the accommodation brief of the have previously outlined the Government’s redeveloped National Concert Hall project. initiatives and enhancements of the scheme con- tained in the Finance Act 2006 in recognition of Mr. Deenihan: I acknowledge the contribution the changing dynamics of this industry, aimed at made by Mr. Philip Furlong, especially to the increasing Ireland’s attractiveness as a film-mak- 1587 Other 15 February 2007. Questions 1588

[Mr. O’Donoghue.] development of the arts and actors by attracting ing location. These incentives are kept under more international films. review in conjunction with the Irish Film Board and any necessary amendments to retain or Mr. O’Donoghue: Irrespective of when I went regain competitiveness will be addressed and to Hollywood, it feels as if I never left it. brought to the attention of the Minister for Fin- During the St. Patrick’s Day festivities and over ance as appropriate. the course of that week many Ministers travel to The Irish Film Board has been the driving force different parts of the world. It affords us an in such endeavours and, with its overall funding opportunity to advertise Ireland on the world for 2007 increased to \19.7 million, it will be stage. As a small nation on the periphery of enabled to continue with its key role of Europe, we must take advantage of it. No other developing and supporting film production in country of comparable size is afforded the pub- Ireland. The increased current allocation will licity Ireland receives on that day. The ministerial facilitate the board in marketing Ireland as a film visits have been a catalyst for economic growth location and, in particular, will assist the work of and development on this island. It is possible that the newly appointed film commissioner in Los one of my colleagues will be in Los Angeles, one Angeles in raising the profile of the Irish audiovi- of the designated cities, during the week. I will sual industry abroad. ask my colleague to promote the Irish film indus- The welcome additional funding provided by try. Since I became the Minister for Arts, Sports me to the Irish Film Board in 2005 and 2006, tot- and Tourism it has been traditional to brief each alling \3.5 million, was directed to supporting of my colleagues visiting a foreign location on the international productions that could demonstrate advantages that may accrue from tourism. They clear economic, industrial and cultural benefits to act as ambassadors, bringing visitors back to the Ireland. The Irish Film Board’s judicious selec- country. tion of projects to support in 2005 resulted in sig- We have a permanent film ambassador in Los nificant additional Irish production activity worth Angeles whose job it is to liaise with the major \30 million in 2005 and \34 million in 2006. studios to attract film production to the country. Therefore, \3.5 million generated \64 million. I will ask whichever colleague goes to Los Ang- The evidence in employment, training and turn- eles to see if it is possible for him or her to meet over is clear, going some way to restoring the the representative and liaise with Hollywood pro- health of the sector which had to rely on low scale duction companies with a view to attracting film indigenous production in 2004 and 2005. productions to Ireland. The continuing increases in capital funding to Mr. Deenihan: Will the Minister expand on the the Irish Film Board since 2004 have ensured sup- job description for the film ambassador? Does port to meet the demands of the industry in the that person have other responsibilities? Does that areas of project and talent development, training person have an office in Los Angeles and has he and indigenous film and television production. or she been successful? The increased support enables the Irish Film Will the Minister commit to the continuation Board to fulfil its aim of sustained growth of the of section 481 beyond 2008? The capping on the industry, increasing the number and quality of level of investment in a film is too low to attract films produced in Ireland each year. the type of blockbuster film that would travel internationally. Typically, that would require Mr. Wall: Was it last year or the year before \100 million. the Minister went to Hollywood? What is the future viability of Ardmore Stu- dios? I understand that little is happening there. Mr. Deenihan: He brought back a great sheep- In the event that anything does happen to Ard- dog, Lassie. more, does the Government have any plans to provide services that will keep the industry going Mr. Wall: I am not sure which year he went and developing? to Hollywood. Mr. O’Donoghue: Last year was extremely suc- Mr. Deenihan: Lassie is now rounding up sheep cessful for the Irish film industry. The number of around Cahirciveen. certified productions at the end of the year was the highest in several years. The total certified Mr. Wall: In leading that delegation to attract spend last year was \202.5 million, which was a international films to Ireland, was there a positive significant increase on previous years, except outcome? Given that we are approaching St. 2003. The section 481 amount last year was the Patrick’s Day, with Ministers attending pageantry highest in several years, at \110.8 million. around the world, are any Ministers attending The British have changed their rules on film Hollywood? I have always supported this practice and offered good incentives to the industry. We because it provides a great opportunity to are in competition with them. The Minister for develop tourism. Visiting Hollywood could create Finance increased the cap to \35 million from \15 an image that may assist employment and the million and increased the relevant percentages, 1589 Rail 15 February 2007. Services 1590 which did a great a deal for the industry. The issue instructions to increase the frequency of the British Chancellor, Mr. Brown, however, took a service. I am glad to acknowledge the presence of personal interest in the reliefs available there the Minister in the House. which makes it more difficult for us to compete. The question is whether to get involved in a Mr. Cullen: The Deputy’s status required that Dutch auction, which is not the preferred option, I attend. or to see if we can enhance the co-production arrangements which we have with Britain and Mr. Durkan: That status is fast disappearing examine whether it is possible to reach a mutually because this Minister is one of the few who has compatible and acceptable position. come into the House. I compliment him on doing We are far ahead of other jurisdictions in terms that because, sadly, it is a dying practice. of television production. We are the only one I urge the Minister to enhance the feeder bus which offers section 481 type of relief to tele- service too because if we are serious about deal- vision production, which has resulted in some ing with global warming and road traffic conges- major television series being made here. I have tion, we must be serious about the alternatives. no reason to believe that this will not continue Trains are the most effective and efficient form during 2007 although I accept that, in the absence of passenger service. Transport 21 will encompass of changing section 481 to bring it into line with this entire area and meet its needs well into the British laws, inward film production could be future. However, several modifications could be more difficult. made now to enhance and improve the health and I understand that the ambassador, or represen- safety factors in the service, making it possible for tative, of the Irish film industry in Los Angeles is more people to avail of the rail service and located in the Enterprise Ireland building and thereby take traffic off the roads. that he liaises with Hollywood production com- A parking area of six or seven acres at panies with a view to bringing productions to Maynooth local rail station was sold some years Ireland. I hope that this will be successful. ago for a housing development. It happened The future of Ardmore is contingent on the before this Minister was in charge of transport. It success or otherwise of the Irish film industry was a daft idea. Enhanced parking is needed which I hope will continue to grow as it did in there now. Some effort has been made to create 2006. I have no doubt that there will be such extra parking in Leixlip-Louisa Bridge but this is growth in television production. insufficient to meet the requirements of the number of passengers likely to use it. Kilcock has Written Answers follow Adjournment Debate. limited parking and is likely to need much more because of the development taking place there. Adjournment Debate Matters. People from the hinterland will need a place to An Ceann Comhairle: I wish to advise the park there too. House of the following matter in respect of which Every town along that route is introducing notice has been given under Standing Order 21 parking restrictions because people in a hurry and the name of the Member in this case: (1) abandon their cars when they have nowhere else Deputy Durkan — the serious overcrowding on to put them. They might have already travelled commuter trains between Kildare towns and the 20 miles. The train does not pass every house. city and the need to increase the frequency of The same applies to Sallins and Hazelhatch. the service. There is plenty of parking space at Hazelhatch The matter raised by Deputy Durkan has been but it is a mile or so from the village. It is an area selected for discussion. that could provide a better service and this also applies to Sallins. The Minister has several options. For example, Adjournment Debate. he could increase the size of the trains by adding more carriages, although that raises health and ———— safety factors. It is not necessary, however, to open the trains all the way from end to end. It Rail Services. is possible to meet the safety requirements. The Mr. Durkan: I thank the Ceann Comhairle for Minister should consider increasing the frequency affording me the opportunity to raise this matter. of the service and provide an upgraded feeder bus The issue affecting my constituents and many service to ensure the maximum number of people others in the commuter belt in the greater Dublin can get to the train, and come away from it, as area is the serious and ongoing problem of over- quickly as possible. That has the potential to crowding on commuter trains to and from Sallins, become a very attractive service but it needs to Hazelhatch, Kilcock, Maynooth and Leixlip and be enhanced with all the improvements required the city. Passengers more often than not must to make it easy for the commuter to use it. remain standing for the entire journey, with Standing throughout the journey is not a great consequent health and safety implications, and idea. People say that if one travels on the Tube there is a need for the Minister for Transport to in London, one might have to stand all the way. 1591 The 15 February 2007. Adjournment 1592

[Mr. Durkan.] on the Maynooth line, to the city centre, freeing It is not necessarily a great idea there either as up more capacity for users from areas such as the British have found to their cost more than Leixlip, Maynooth and Kilcock. This and other once. planned service enhancements will increase the It would be greatly appreciated if, in antici- capacity of Maynooth line services by a further pation of and prior to the inauguration of Trans- 3,000 this year, from 7,000 to 10,000. port 21, a number of modifications could be It is also planned to increase the capacity of undertaken along the rail lines in question. Such some peak services by introducing eight-car trains modifications would have major benefits in terms to replace the four-car trains currently in use. I of alleviating the congestion with which we must am informed that the greatest level of crowding deal on our roads. normally occurs on two peak-time four-car trains. Doubling the capacity of these trains will, I hope, Minister for Transport (Mr. Cullen): I thank substantially ease the problem. These immediate Deputy Durkan for raising this important issue. I solutions will come on stream within the next hope I can meet some of his specific concerns month or so. with a number of positive outcomes. Capacity on the Kildare corridor is currently The day-to-day operation of railway services is constrained by track capacity due to the mix of a matter for Iarnro´ dE´ ireann. I am aware, fast inter-city services and stopping commuter however, of the significant increase in suburban services. On 5 December 2006, I signed the rail passenger numbers in recent years, including Kildare route project railway order. This will ´ on the two lines serving Kildare, namely, enable Iarnro´ dEireann to proceed with works to Connolly-Maynooth and Heuston-Kildare. This double the number of tracks from two to four on can lead to crowding at certain peak times but I a key section on the line between Cherry Orchard am informed by Iarnro´ dE´ ireann that while this and Hazelhatch. I understand that work will com- can cause some discomfort and inconvenience to mence later this year on that project for com- passengers, it does not give rise to safety pletion by late 2009 or early 2010. I understand concerns. the main stations where crowding can occur on In response to this increase in passenger the Kildare line are at Sallins and Hazelhatch. In an effort to alleviate the situation at these numbers there has been a significant increase in stations, Iarnro´ dE´ ireann recently added an extra rail investment in recent years. The frequency service at Sallins. There are now nine services and capacity of services on the Connolly- each weekday morning from Sallins to Dublin- Maynooth and Heuston-Kildare lines have been Heuston, arriving before 9.30 a.m., compared to increased substantially in line with demand just four services in 2001. growth over the past five to ten years. For The major short-term and long-term projects example, provision for an extra 2,000 daily com- being delivered or planned under Transport 21 muters was added to Maynooth line services at will deliver additional capacity to meet the grow- the start of 2006. This increased the overall peak ing demands of commuters on both routes. The commuting capacity to cater for over 7,000 longer term plan is to electrify both lines and people, more than double the level that obtained have them form part of an integrated rail network in 2003. On the Kildare line, overall peak com- for Dublin connected by the interconnector tun- muter capacity has more than doubled since 2000, nel. This will have an important effect in the con- from 2,200 to over 5,000. text of reducing carbon emissions. A number of rail development projects cur- Deputy Durkan will acknowledge that I cannot rently under way or in planning will further wave a magic wand and put everything in place increase capacity on both lines. The first of these overnight. We recognise the problems faced by involves introducing new services on the people in the area in question and we are trying Maynooth line to the new Docklands station on to deal with some of these immediately. The new its opening in March 2007. The new station will station at Docklands — the first built in 100 years have great significance in respect of the matters — will be operational in March and will help us raised by the Deputy. While long-term issues will to deal with many of the capacity constraints be dealt with under Transport 21, short and that exist. medium term solutions will be offered in tandem. The new station at Docklands will facilitate the The Da´il adjourned at 4.55 p.m. until 2.30 p.m. operation of extra peak services from Clonsilla, on Tuesday, 20 February 2007. 1593 Questions— 15 February 2007. Written Answers 1594

Written Answers.

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

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Questions Nos. 1 to 4, inclusive, answered stadium for field sports in the city of Dublin at orally. Lansdowne Road.

Question 5 lapsed. 12. Mr. Ferris asked the Minister for Arts, Sport and Tourism his views on whether the Questions Nos. 6 to 10, inclusive, answered GAA will be requested to extend the opening of orally. Croke Park beyond 2007 in view of the delay to the development of Lansdowne Road. [5541/07] Stadium Projects. Minister for Arts, Sport and Tourism (Mr. 11. Mr. Quinn asked the Minister for Arts, O’Donoghue): The question of the GAA con- Sport and Tourism the position regarding the tinuing with its policy of accommodating rugby redevelopment of Lansdowne Road following the and soccer in Croke Park is one for the GAA stadium’s closure at the end of 2006; when the alone to decide and it has always been my policy demolition of the old stadium and construction of not to interfere in this matter. I have at no stage the new stadium will begin; if the planning pro- sought to tell the Association what approach it cess is resolved; and if he will make a statement should take on the question of access to Croke on the matter. [5559/07] Park. However, like most other sports loving people 22. Ms O. Mitchell asked the Minister for Arts, in the country, I was delighted and proud to see Sport and Tourism the position regarding the the first staging of an international rugby match provision of the new stadium at Lansdowne at the fine stadium at Croke Park last Sunday. Road; and if he will make a statement on the Furthermore, I look forward to further great matter. [5707/07] entertainment when the remaining rugby inter- national and the soccer fixtures take place there Minister for Arts, Sport and Tourism (Mr. this year. O’Donoghue): I propose to take Questions Nos. In January 2004, the Government agreed to 11 and 22 together. provide funding to the joint IRFU/FAI project The planning process for the Lansdowne Road for the redevelopment of Lansdowne Road Stadium redevelopment is still in train. To reiter- Stadium as a 50,000-capacity all-seater stadium. ate the position, in July last year, Dublin City The planning and design stage of the project got Council granted planning permission for the pro- underway and in July 2006, Dublin City Council ject, subject to a number of conditions. This led granted planning permission for the project. As to a number of appeals against the granting of you know, the matter was appealed to An Bord planning permission by local residents. An Bord Pleana´la and an Oral hearing took place in Pleana´la held an Oral hearing in December last December. The planning process must run its and its decision is expected shortly. course and the Lansdowne Road Stadium Subject to a favourable outcome to the plan- Redevelopment Company is awaiting the out- ning process, it is envisaged that construction will come of an adjudication by An Bord Pleana´la on get underway immediately. There is an estimated appeals against the granting of planning approval construction period of 29 months and I am opti- for the project by Dublin City Council. However, mistic that by 2010, we will have a second major I am optimistic that by 2010, we will have an 1595 Questions— 15 February 2007. Written Answers 1596

[Mr. O’Donoghue.] These can be accessed on my Department’s web- second splendid major stadium for field sports in site www.arts-sport-tourism.gov.ie . the city of Dublin, at Lansdowne Road. As may be seen from the press releases there Given that Lansdowne Road will be out of are a number of major infrastructural projects commission for a period of time, the three sport- which will be funded under the new NDP in the ing organisations involved, that is the IRFU, the areas of Arts, Culture, Sport and Tourism. These FAI and the GAA, entered into discussions to include a new National Concert Hall on the provide an alternative venue for rugby and soccer Earlsfort Terrace site, the new Abbey Theatre, during this time. Agreement was reached about redevelopment of the Wexford Theatre Royal, the use of Croke Park in 2007 and I understand major projects at the National Museum and that the three parties have now commenced dis- National Library, the development of a state-of- cussions for the use of Croke Park in 2008 and the-art Sports Campus at Abbotstown, the the GAA will make its decision regarding 2008 redevelopment of Lansdowne Road Stadium and at a meeting this weekend. I look forward, with the National Conference Centre. confidence to these negotiations being concluded The development of some of these projects is in the same spirit that made possible the sporting already under way and work will commence as occasion of great cultural and historical signifi- soon as possible on others. The objective is to cance that was exhibited in Croke Park on Sun- have them completed within the lifetime of the day last. NPD but specific completion dates are not yet available. Question No. 13 answered with Question No. 8. Sport and Recreational Development. 15. Mr. Eamon Ryan asked the Minister for National Development Plan. Arts, Sport and Tourism if he will report on the 14. Mr. Wall asked the Minister for Arts, Sport progress made in carrying out a national audit of and Tourism if he will comment on the money sports facilities and services. [5663/07] allocated for projects under his Department and under the National Development Plan 2007 to 25. Mr. McEntee asked the Minister for Arts, 2013; the projects that will be prioritised under Sport and Tourism when the audit of sport and the plan; if this money is distinct from that allo- recreation facilities here will be completed; and if cated under the normal Estimates procedures; he will make a statement on the matter. and if he will make a statement on the matter. [5709/07] [5542/07] Minister for Arts, Sport and Tourism (Mr. O’Donoghue): I propose to take Questions Nos. Minister for Arts, Sport and Tourism (Mr. 15 and 25 together. O’Donoghue): I am pleased to inform the Deputy As I have previously informed the House, the that under the new National Development Plan, nationwide audit of sports facilities has com- covering the period 2007 to 2013, almost \2.7 menced and is being carried out in stages to help billion has been allocated for a range of prog- speed up the availability of information. The first rammes and projects in the Arts, Culture, Sport phase is being carried out within my Department and Tourism areas within the remit of my Depart- \ and will establish a record of national and ment, made up of 904 million under the Cultural regional sports facilities. Sub-Programme, \991 million under the Sport \ As the House is aware, the work currently Sub-Programme and 800 million which has been being undertaken is a data gathering exercise in allocated to the Tourism Development conjunction with the main sporting bodies and Programme. local authorities to identify the facilities for My Department will have responsibility for the inclusion in this phase. My Department has com- expenditure of this funding either directly or piled a list of in excess of one hundred sports through bodies under the aegis of my Depart- facilities of national or regional significance. ment such as the Arts Council, the Irish Sports Many of these have been funded under the Sports Council and Fa´ilte Ireland. Accordingly all the Capital Programme since 1999 and a considerable funding will be allocated through the Vote of my bank of information already exists, although Department in the context of the annual some of this information is not up to date and Estimates process, with the exception of some therefore an updating of data is being under- funding for capital projects in the National Cul- taken. Furthermore, details of facilities at third tural Institutions which will be allocated through level educational institutions and swimming pools the Vote of the Office of Public Works. have also been included on this inventory. Full details on the funding available from my Further engagement with the main sporting Department and the bodies operating under its bodies, local authorities, facility owners and man- aegis, and the investment priorities together with agers is being undertaken so that a comprehen- indicative financial allocations for the next seven sive database on the range and nature of sporting years, are set out in a number of press releases facilities at national and regional level can be issued on the announcement of the new NDP. completed. 1597 Questions— 15 February 2007. Written Answers 1598

The Programme for Government sets out a officials of my Department have been in contact commitment to put in place a national sports with the Department of Agriculture and Food, facility strategy that will identify gaps in facility Horse Racing Ireland and Bord na gCon in provision and set out an approach to fill these relation to the particular issue raised by the gaps. It is anticipated that the Strategy will be Deputy. completed within a six-month period. The position is that Bord na gCon met yester- By ascertaining and mapping what is already in day with officials from the Department of Agri- place at a national and regional level, an culture and Food in relation to this issue and the important part of developing a strategic approach Board plans to issue a statement and educational to future facility provision will be put in place, as brief to the greyhound public to ensure they well as establishing the level of need that exists in understand all aspects of the legal status and use the sports sector and helping to determine future of unlicensed products. I recently announced the priorities. As stated previously, the enormity of establishment of an independent Control and completing the complete audit of sports facilities Appeals Committee, in line with the recom- should not be underestimated and, given the mendations of the Dalton Report, to adjudicate experience of other countries, is likely to take a on all integrity-related cases arising in the grey- number of years to complete. hound industry. In Horse Racing, the Turf Club is responsible for the testing of racehorses both National Theatre. in and out of competition. 16. Mr. G. Mitchell asked the Minister for Arts, Sport and Tourism if the international Tourism Industry. design competition for the proposed new national 18. Mr. Deenihan asked the Minister for Arts, theatre announced by him on 7 September 2006 Sport and Tourism the status of the tourism has been completed; if a winning design has been policy review group and the tourism action plan selected; and if he will make a statement on the implementation group; and if he will make a matter. [5711/07] statement on the matter. [5705/07]

21. Ms B. Moynihan-Cronin asked the Minister Minister for Arts, Sport and Tourism (Mr. for Arts, Sport and Tourism the situation in O’Donoghue): The Report of the Tourism Policy regard to the redevelopment of the Abbey Thea- Review Group, New Horizons for Irish Tourism: tre in Dublin’s docklands; the number of designs An Agenda for Action, was published in that have been submitted in the international September 2003. I appointed the Tourism Action competition for the new theatre; and if he will Plan Implementation Group for a two-year make a statement on the matter. [5551/07] period to oversee implementation of the Action Plan set out in the Report. That Plan contained Minister for Arts, Sport and Tourism (Mr. 76 recommended actions to help Irish tourism O’Donoghue): I propose to take Questions Nos. meet the ambitious targets set for the sector in 16 and 21 together. the Report, namely, 10 million visitors per annum I wish to refer the Deputy to my response to and \6 billion in foreign revenue by 2012. Parliamentary Question No. 4 earlier today. The Implementation Group reported to me, in March 2006, that 63 of the 76 recommended Greyhound Racing Industry. actions made in the New Horizons Report, had 17. Dr. Upton asked the Minister for Arts, either been implemented or good progress had Sport and Tourism if his attention has been been made in relation to them. The Group high- drawn to a recent warning from a veterinary lighted the areas where good progress had been inspector with the Department of Agriculture made including: and Food that there is increasing evidence of • The National Conference Centre, illegally imported animal remedies for grey- • Increases in air access hounds and racehorses that are not authorised for use here; if he has had discussions with the • Promoting the development of e-commerce Department of Agriculture and Food regarding within the tourism sector. same; and if he will make a statement on the It also pointed to a number of areas where pro- matter. [5558/07] gress had been less satisfactory. These included Minister for Arts, Sport and Tourism (Mr. • loss of competitiveness, O’Donoghue): The Deputy will be aware that • the need for innovation and product animal welfare and the area of illegally imported development, animal remedies for greyhounds and racehorses is a matter in the first instance for the Minister • variations in performance between urban for Agriculture and Food. Horse Racing Ireland and rural areas, and Bord na gCon are the statutory bodies • the visitor experience at Dublin Airport responsible for the horse and greyhound racing and industries respectively including integrity man- agement and anti-doping controls. However, • VAT deductibility on conference business. 1599 Questions— 15 February 2007. Written Answers 1600

[Mr. O’Donoghue.] member. In January of this year, the Board of In May 2006 I appointed the Tourism Strategy Bord na gCon appointed a new Chief Executive. Implementation Group for a period of two years The Bord na gCon (Amendment) Bill, needed to as a successor group and, in particular, to advise give effect to the changes necessary regarding the on implementation of the outstanding recom- tenure of the Chair, and the size and composition mended actions of the New Horizons Report. The of the Board of Bord na gCon, is currently listed Tourism Strategy Implementation Group — on the Government Legislation Programme for which has met on a number of occasions — will Spring Session 2007. be working with the tourism industry and public In relation to the establishment of an indepen- sector bodies to address a number of key areas, dent Doping Control Committee, while Mr in particular, competitiveness, productivity and Dalton concluded that greyhound racing is by and skills, sustainability, regional spread and product large a clean sport and that infringements are development. In line with the objective of bring- quite low and falling, it was decided that new ing the tourism industry together with policy arrangements would not be delayed until the rel- makers to identify the key issues which need to evant legislative changes were made, but would be addressed, the Group intends holding a Tour- be implemented now by the Board, using its exist- ism Forum in April of this year to which rep- ing powers. The legislative amendments will, resentatives of the sector will be invited. when enacted, confirm this new system and make it mandatory. Proposed Legislation. Accordingly, on 10 January 2007, Bord na gCon announced the establishment of an Inde- 19. Mr. Rabbitte asked the Minister for Arts, pendent Control Committee and an Independent Sport and Tourism the position regarding the Appeals Committee, in accordance with the pro- legislation being drafted to implement the key visions of existing legislation. The Control Com- recommendations made in the Dalton report; mittee will consist of five independent persons when the legislation will be published; and if he including a qualified solicitor/barrister and a vet- will make a statement on the matter. [5560/07] erinarian. The overall level of testing and scale of sanctions for offences will be set by the Board of Minister for Arts, Sport and Tourism (Mr. Bord na gCon while the action or sanction to be O’Donoghue): On 1 February 2006, I appointed take in any particular case will be a matter Mr. Tim Dalton, former Secretary General of the entirely for the Control Committee. Department of Justice, Equality, and Law Reform, to carry out an independent assessment The Board has also established and appointed concerning corporate governance and related a separate independent Control Appeals Com- matters affecting Bord na gCon. Mr. Dalton mittee consisting of three independent persons, delivered his Report on 5 April 2006. including a qualified solicitor/barrister and two On 4 July 2006, the Government approved veterinarians. The Control Appeals Committee specific actions to be taken in line with the will be responsible for hearing any appeals rising recommendations of the Dalton Report. These from decisions of the Control Committee. A included: more wide-ranging and fundamental review of the Greyhound Industry Acts is also being under- • the drafting of legislation, as a matter of taken and I will revert to Government with the urgency, to implement key recom- results of that exercise in due course. mendations made in the Dalton Report relating to the tenure of the Chairman and Question No. 20 answered with Question the Board of Bord na gCon, to increase the No. 8. size of the Board from seven to nine members, and to arrange for the reconsti- Question No. 21 answered with Question tution of the Board along these lines as No. 16. soon as circumstances permit; • an examination of the options for the Question No. 22 answered with Question establishment of a Doping Control Com- No. 11. mittee as an agency independent of Bord na gCon; Swimming Pool Projects. • the immediate publication of the Report; 23. Ms C. Murphy asked the Minister for Arts, Sport and Tourism if restrictions were placed on • a root and branch review of the Greyhound the number of swimming pool projects per county Industry Acts 1958-1993 with a view to in the current swimming pool programme for bringing legislation dealing with the grey- which applications closed on 31 July 2000; if so, hound industry into line with best current the limits and if there were exceptions; if, in view practice. of the fact that some of the projects applied for The Report has already been published. The in 2000 are either under construction or have not former Chair has resigned and I have appointed commenced, it is appropriate to have such a time a new Chair, Mr. Dick O’Sullivan, and another lag between the conclusion of one scheme and new member in succession to an outgoing the commencement of the next; the consideration 1601 Questions— 15 February 2007. Written Answers 1602 he is giving to the areas that would have Sport and Tourism if the national cultural insti- increased dramatically since 2000 with no oppor- tutions such as the National Gallery, the National tunity to apply for such a facility; and if he will Museum, the Museum of Modern Art, the make a statement on the matter. [5539/07] National Concert Hall and so on are disabled friendly; the measures in place for people with Minister for Arts, Sport and Tourism (Mr. varying levels of disabilities, hearing, vision and O’Donoghue): The Local Authority Swimming mobility impairment; and if he will make a state- Pool Programme, which is administered by my ment on the matter. [5538/07] Department, is essentially driven by the require- ments of local authorities for public swimming Minister for Arts, Sport and Tourism (Mr. facilities. No restrictions were placed on the sub- O’Donoghue): The implementation of Govern- mission of applications by local authorities prior ment policy in regard to the provision of universal to the closing date of 31st July, 2000 under the access to their National Collections is a responsi- current round. An application for a replacement bility of the Boards of the National Cultural Insti- pool was accepted from Monaghan County tutions. The position in relation to universal Council after the closing date as the only swim- access to the collections held by these Institutions ming pool in the county closed for health and is as follows. safety reasons thus leaving the county without a Irish Museum of Modern Art: The Museum’s public pool. Lecture Theatre has a Loop system installed for Since 2000, the priority has been to support the the hard of hearing. 57 swimming pool projects within the existing Crawford Art Gallery, Cork: The Gallery pro- programme. 23 pool projects have been com- vides guided tours for groups and individuals who pleted and opened. 16 pool projects are under have limited vision and hearing, Provision is also construction or about to start construction and 18 being made within the Gallery’s 2007 budget for other pool projects are at various stages of the the provision of an acoustic-guide service. process — 5 at tender stage; 7 are at contract Chester Beatty Library: The Library provides document stage and 6 are at preliminary report information leaflets in Braille and an audio-visual stage. Expenditure under the programme has tour of the collection for the hard of hearing. increased significantly since 2000, although The National Archives of Ireland: The annual drawdown varies according to the level of National Archives has established a website that grant claims submitted by the local authorities in exceeds the standard required for compliance \ \ any one year — 7.36m in 2000, 8.12m in 2001, with Web Content Accessibility Guidelines \ \ \ 3.88m in 2002, 9.00m in 2003, 17.59m in 2004, (WCAG). \ \ 14.10m in 2005, and 22.77m in 2006 — giving a National Concert Hall: Public areas in the Con- total of \82.82m over the past 7 years. An amount \ cert Hall are specifically designed so that people of 25m is provided for 2007 in my Department’s with disabilities may orientate themselves and multi-annual capital programme. move around safely. The National Concert Hall’s In terms of assessment, projects are considered website complies with Web Accessibility Initiat- on a case-by-case basis and consideration is given ive standards. to such issues as to whether the area is classified The National Concert Hall’s auditorium is as disadvantaged, the number and geographical equipped with a Loop system which provides spread of projects within and between counties, sound enhancement for the hard of hearing. the viability of the project, particularly in relation National Gallery of Ireland: The Gallery pro- to operational and maintenance issues, overall vides wheelchairs and portable stools for funding package for the project, technical details members of the public with mobility impairments. and the Department’s annual estimates provision The Gallery is also equipped with a Loop system. for the Programme. The Gallery provides, on request, tours for My Department is now completing an Expen- people with impaired sight and mobility impair- diture Review of the Local Authority Swimming ments. Tactile picture sets and accompanying Pool Programme. The Review is examining, audio-guides are also available for people with among other things, how the programme has sight impairments. worked to date and what changes, if any, are National Library of Ireland: The Library can required to ensure its effective and efficient deliv- provide a wheelchair on request for visitors to the ery. The Review is currently being finalised and it is my intention to publish it as soon as possible. Library’s exhibition areas and a number of micro- Following consideration of the recommendations film reading machines suitable for use by dis- in the review it is my intention to launch a new abled readers. round of the Local Authority Swimming Pool National Museum of Ireland: Wheelchairs are Programme. When the Programme is re-opened, available at both the Museum’s Collin’s Barracks it will be open to all local authorities to submit and Turlough Park, Castlebar sites. The Museum applications under the terms that will apply. has audio visual facilities which may be of assist- ance to persons with a visual or hearing impairment. Access to Cultural Institutions. The provision and maintenance of the building 24. Mr. Callely asked the Minister for Arts, infrastructure of the National Cultural Insti- 1603 Questions— 15 February 2007. Written Answers 1604

[Mr. O’Donoghue.] What is currently being undertaken therefore tutions is the statutory responsibility of the Office is a data gathering exercise to gauge the level of of Public Works. facilities Ireland has to offer to potential visiting athletes. This audit process will be completed Question No. 25 answered with Question shortly in line with the standards set out by the No. 15. London Organising Committee for the Olympic Games (LOCOG). We will then have a clearer Sports Funding. picture of the facilities likely to be attractive to participating athletes in the build-up to London 26. Ms O’Sullivan asked the Minister for Arts, 2012 and my Department will then examine Sport and Tourism if he will clarify the details of whether investment may be required to bring the recent round of funding for sports facilities these facilities up to the required standard. Any at the University of Limerick and Grove Island expenditure on facilities will be aimed not only at Leisure Centre in the city; the facilities this attracting teams but primarily at ensuring a last- money will be used to provide; if the funding is ing legacy for Irish athletes and communities. specifically directed towards helping athletes pre- In December last, I announced sports capital pare for the 2012 London Olympics; if further funding allocations totalling \14.33 million to 27 rounds of funding are planned; and if he will organisations throughout the country towards the make a statement on the matter. [5553/07] development of a number of key strategic national and regional sports facilities as well as 30. Mr. Costello asked the Minister for Arts, funding to enhance the quality and range of Sport and Tourism the position regarding the equipment available to a number of national gov- development of the list of sporting facilities that erning bodies to assist in increasing participation could be used by visiting athletes in the run up to in those sports. These allocations were in addition the 2012 London Olympics; if he will set a date to the \75 million allocated to 797 projects under for the fast tracking of the facilities that are required; and if he will make a statement on the the 2007 sports capital programme. matter. [5544/07] The funding announced in December last included allocations of \1 million to both Minister for Arts, Sport and Tourism (Mr. Limerick City Council’s Grove Island Sports and O’Donoghue): I propose to take Questions Nos. Leisure Centre and to the development of Uni- 26 and 30 together. versity of Limerick’s Sports Campus. \ With London 2012 fast approaching, athletes The allocation of 1 million to the Grove and teams from other countries may consider Island centre was one of three such grants (the using Ireland as a base to prepare and train in others being to Letterkenny and to Tallaght) to the years prior to the Olympic Games. Ireland assist with the costs of providing major municipal, possesses the advantages of having the same cli- multisport centres attached to Local Authority matic conditions and being in the same time zone swimming pools. The provision of this funding as London, as well as being within an hour by air was aimed at enhancing and expanding the range travel. Furthermore, this country will avoid most of and quality of local and regional clubs, groups of the media hype that one often finds in the and individuals to participate in a variety of host country. sports and physical recreation activities. In order to ensure that Ireland benefits from As part of the Local Authority swimming pool the proximity of the Games, I established a Task programme, \3.8m has been awarded to Limerick Force in August 2006 comprising high level rep- City Council towards the development of a swim- resentatives from the sporting, business, tourism ming pool at Grove Island. and cultural sectors. This group will work to The University of Limerick has an admirable ensure that Ireland is an attractive training base track record in attracting international calibre for Olympic athletes leading up to 2012 and that sports people to train on the existing campus Ireland also benefits from the tourism, business facilities and I am confident that the additional and cultural opportunities arising from the host- facilities planned for the campus in respect of ing of the Olympic and Paralympics Games in which I allocated a grant of \1m in 2006 will play London. an important part in helping athletes prepare for If Ireland is to be attractive to potential partici- future international competitions including the pating athletes, access to high quality sporting 2012 Olympic and Paralympic Games. and ancillary facilities must be available. In this regard, my Department has undertaken a London Arts Funding. 2012 sports infrastructural audit of facilities that might be suitable to develop to meet the training 27. Mr. Durkan asked the Minister for Arts, needs of overseas teams preparing for 2012. Sport and Tourism if he, independently, will offer Department officials have been in touch with grant aid to community based groups involved in National Governing Bodies of Sport and third musical or theatrical productions thereby encour- level institutions in order to establish the type, aging the promotion and development of the arts range and suitability of the sports facilities avail- at local level; and if he will make a statement on able for this purpose. the matter. [5721/07] 1605 Questions— 15 February 2007. Written Answers 1606

29. Ms C. Murphy asked the Minister for Arts, not formally part of the ACCESS scheme, are Sport and Tourism if the development of com- managed in the same way as the ACCESS pro- munity arts facilities forms part of his develop- jects and the same policy objectives apply. ment strategy for the sector; the initiatives he is considering; the way such initiatives will be National Aquatic Centre. funded; and if he will make a statement on the matter. [5540/07] 28. Ms Burton asked the Minister for Arts, Sport and Tourism if the full check and assess- 111. Mr. Durkan asked the Minister for Arts, ment of the entire facility at the National Aquatic Sport and Tourism the extent of the discussions Centre is complete; the outcome of this assess- he has had with persons involved in the pro- ment; if an upgrade or repair work is required at motion of the arts at local level with a view to the centre; the timescale for such work; and if he establishing local theatres to accommodate the will make a statement on the matter. [5545/07] needs of various musical and dramatic societies or groups who have continuously put on shows at Minister for Arts, Sport and Tourism (Mr. local level but who have very often difficulty with O’Donoghue): Under the National Sports Cam- accommodation; and if he will make a statement pus Development Act 2006 and the subsequent on the matter. [5932/07] establishment of the National Sports Campus Development Authority, effective from 1st Minister for Arts, Sport and Tourism (Mr. January last, operational matters relating to the O’Donoghue): I propose to take Questions Nos. Sports Campus at Abbotstown are matters for the 27, 29 and 111 together. Authority by virtue of section 7(1) of that Act. The Arts Council is the principal agency The functions of the Authority as set out in the through which State funding is channelled to the Act include the management, operation and arts. Under the Arts Act, 2003, the general func- maintenance of the sports campus and, in part- tions of the Council include the following: icular, the furnishing and equipping of the sports campus with such plant, machinery, equipment • to stimulate public interest in the arts; and apparatus as it considers appropriate. • to promote knowledge, appreciation and As I have already indicated to the House, as a practice of the arts; result of the decision of the Supreme Court on 14 November 2006, the National Aquatic Centre was • to assist in improving standards in the arts. returned to the possession of CSID on 1 My Department has no function in deciding on December 2006. CSID has since been replaced by the extent of Arts Council funding for particular the National Sports Campus Development Auth- projects or locations. Indeed, the Arts Act, 2003, ority. As part of the contingency planning for the underpins the Council’s independence in this con- repossession of the Centre, CSID had established text. I am delighted to have secured \80m in a subsidiary company, CSID (Operations) Ltd to funding in 2007 for the Arts Council. operate the Centre. My Department provide capital grants directly Immediately on repossession, a full health for arts and culture infrastructure around the check of the National Aquatic Centre was country. The main vehicle for such capital fund- instituted. This audit will cover all aspects of the ing is the Arts & Culture Capital Enhancement facility including maintenance, mechanical and Support Scheme (ACCESS), under which almost electrical, and water quality issues, and is also \43 million was provided to 40 arts and cultural dealing with financial systems, human resources, facilities around the country. This scheme com- marketing and sales. menced in 2001. Many projects have been com- In parallel with these elements, a comprehen- pleted and the remainder are in the course of sive maintenance programme has been taking completion. place, dealing with the building management Applications under the second round of the system, cleaning, water treatment, lighting, win- ACCESS scheme are currently being assessed by dows, CCTV, telecoms, flumes and security. All an independent Selection Committee. The Com- of this work is ongoing at present. When it is com- mittee expects to provide me with recom- pleted, the NSCDA will be reporting to me on mendations by March 2007 and I hope to make the outcome. an announcement regarding the second round of As I have said in this House on several the scheme shortly thereafter. occasions, there is a major challenge to restore Funding of \81m in total is available under the the reputation of what is a fantastic facility and ACCESS programme over the life of the to ensuring that it is used to its fullest extent by National Development Plan, 2007 to 2013. The both elite swimmers and those who just want to funding offered to applicants under the second have a fun time at the National Aquatic Centre. round of ACCESS will ultimately be determined by the quality and scope of the projects currently Question No. 29 answered with Question being assessed. No. 27. In addition to ACCESS, almost \53m in capital has been awarded to other arts and cultural pro- Question No. 30 answered with Question jects in 2004, 2005 and 2006. These projects, while No. 26. 1607 Questions— 15 February 2007. Written Answers 1608

Question No. 31 answered with Question 113. Mr. Durkan asked the Minister for Arts, No. 9. Sport and Tourism the extent to which his Department is in contact with the Department of National Conference Centre. Education and Science with a view to promotion of the arts in primary and second level schools; 32. Mr. McEntee asked the Minister for Arts, and if he will make a statement on the matter. Sport and Tourism the position regarding the [5934/07] proposed national conference centre; and if he will make a statement on the matter. [5708/07] Minister for Arts, Sport and Tourism (Mr. O’Donoghue): I propose to take Questions Nos. 33. Mr. Penrose asked the Minister for Arts, 34 and 113 together. Sport and Tourism the position regarding the Government policy for the Arts is set out in development of the national conference centre on the Programme for Government and elaborated Spencer Dock; if a date has been set for the con- further in my Department’s Statement of struction of the centre to begin; and if he will Strategy. Having regard for the statutory func- make a statement on the matter. [5552/07] tions of the Arts Council as set out in Section 9 of the Arts Act 2003, and in accordance with Minister for Arts, Sport and Tourism (Mr. section 21 of that Act, a Special Committee was O’Donoghue): I propose to take Questions Nos. established to advise the Arts Council on how 32 and 33 together. best to align the Council’s strategies for the pro- As I have informed the House, most recently motion and encouragement of the arts with the on 30 November, 2006, Spencer Dock Inter- priorities of the formal education system. The national Conference Centre Consortium has been Committee should deliver its advice to the appointed Preferred Tenderer for the provision Council by 1st May 2007. of a National Conference Centre in Dublin. The five person Committee is chaired by Ms As the Deputies are aware, the Centre is being Mary Nunan, Arts Council member. The other procured under a Public Private Partnership pro- members are Mr Jerome Morrissey, National cess under the auspices of the Office of Public Centre for Training in Technology, Mr Pat Mac- Works — the Contracting Authority. During the Sitric, Assistant Chief Inspector, Department of Preferred Tenderer phase the Consortium is Education and Science, Mr Derek West, former required to develop and provide the full range of Principal, Newpark Comprehensive School and project documents for review and approval by the Chair of NAPD Arts & Culture Committee and Contracting Authority. The current expectation Ms Orlaith McBride, Arts Council member. is that the contract will, subject to Government Acknowledging the contribution that the Arts Decision, be awarded within the coming weeks. can make to a rounded and balanced educational It is envisaged that site enabling and related experience, the Committee will have regard to: works in preparation for construction would com- (a) the wide range of demands on the school mence shortly thereafter and that the Centre curriculum bearing in mind that responsibility would be operational some 40 months thereafter. for determining the content of the school cur- I am delighted that delivery of another major riculum rests with the Minister for Education commitment in the Programme for Government and Science; may now be about to become a reality. (b) the need to prioritise and cost its recom- On the basis of consultations undertaken earl- mendations; these recommendations must have ier by my Department and research reviewed, I regard both to their resource implications for am totally convinced of the need for a modern, the Arts Council and also to the fact that the dedicated National Conference Centre if Ireland budgetary resources likely to be available over is to realise its full potential in the hugely valu- the next four years to the Minister for Edu- able international conference market. According cation and Science for development of services to a number of independent estimates, the in the education sector must be allocated to National Conference Centre, when fully oper- fund existing policy commitments; ational, is expected to generate additional foreign revenue earnings of between \25m and \50m (c) subject to (b) above, the identification of per year. what additional sources of funding, if any, might be available to fund its recom- Arts Education. mendations; and 34. Mr. Sherlock asked the Minister for Arts, (d) the roles and partnerships that are appro- Sport and Tourism the position regarding the priate for relevant State and other agencies and work of the committee established to devise a bodies in this context, including the Depart- strategy for closer links between education and ment of Education and Science, the Arts the arts; when that committee will deliver its Council, Vocational Education Committees, report; the make up of the committee; the terms and Local Authorities. of reference it has been working under; and if he The focus of the Special Committee’s advice is to will make a statement on the matter. [5555/07] be on making specific deliverable recom- 1609 Questions— 15 February 2007. Written Answers 1610 mendations for implementation over three to transferred there from OPW, apart from five five years. works, which are on loan to the Irish Embassy in Sofia. The Crawford Gallery is cooperating with Sports Funding. other national institutions on short to medium term loans of some of the works in the Collection 35. Ms Shortall asked the Minister for Arts, and it intends to curate a major exhibition of the Sport and Tourism the details of the Government Collection later this year. offer to make \5 million available to the GAA to improve player welfare; if he has had discussions Tourism Promotion. with the GAA and the Gaelic Players Association on this issue; and if he will make a statement on 37. Mr. Broughan asked the Minister for Arts, the matter. [5556/07] Sport and Tourism his plans for county tourism committees; if he will clarify the future role of Minister for Arts, Sport and Tourism (Mr. these committees and if he is considering winding O’Donoghue): I have had a number of meetings them up; if so, the timeframe he expects for them with both the Gaelic Players Association (GPA) to cease their work; the structures that will be put and the GAA at which player welfare issues for in their place to promote and develop local tour- inter-county players were discussed. ism; and if he will make a statement on the At these meetings and in subsequent letters to matter. [5543/07] both the GPA and the GAA, I have set out the position of the Government on this issue. Firstly, Minister for Arts, Sport and Tourism (Mr. it is entirely a matter for the GAA, as the Gov- O’Donoghue): As I have advised the House on a erning Body for Gaelic Games, to determine number of occasions last year, most recently on whether or not it wishes to embrace professional- 30 November last, individual actions and ism in any form. The Government has no wish to measures relating to tourism promotion or influence this decision in any way. However, the development at regional or county level are day- Government for reasons of sporting policy and to-day functions of the State Tourism Agencies. priorities is not prepared to make public funds There has been a major reform of Irish tourism available to finance “pay for play”. structures in recent years with the setting up of It is a matter for the GAA in the first instance Tourism Ireland and Fa´ilte Ireland. Reform of to determine how it will meet the cost of address- the function, role and operational aspects of sub- ing player welfare needs. I remain disposed to national structures, as recommended by the Tour- allocate funding to support player welfare issues ism Policy Review Group in its report “New Hor- provided that a realistic, well-developed and izons for Irish Tourism — An Agenda for costed proposal which would have the support of Action”, was the final phase of that process. both the GAA and the GPA is put to me. An In response to the recommendation in the New important consideration, however, would be that Horizons report, Fa´ilte Ireland commissioned funding should not displace resources already PricewaterhouseCoopers to review regional tour- being committed by the Association at national ism structures. That report recommended the or County Board level to player welfare. establishment of Regional Tourism Development It would be premature to lock into particular Boards to ensure a greater focus on the individual financing mechanisms until agreement has been needs of each region at a national level and the reached between the GAA and the GPA on subsuming of former Regional Tourism Auth- arrangements to enhance player welfare and the ority management and staff into Fa´ilte Ireland. additional costs arising for the GAA have been The bodies known as County Tourism Com- established. mittees were a substructure of the Regional Tour- I hope that the negotiations currently ism Authorities. Last year, to facilitate the new underway between the GAA and the GPA will regional structures and the establishment of the reach a successful conclusion. five new Regional Tourism Development Boards, the former Regional Tourism Authorities passed Art Collections. the necessary resolutions and the Boards of Directors resigned. Now that the Regional Tour- 36. Mr. M. Higgins asked the Minister for Arts, ism Authorities as companies no longer exist the Sport and Tourism if he will clarify the future former County Tourism Committees have lapsed. plans for the art collection of the Great Southern Following the dissolution of the RTAs, I gave Hotels that is entrusted to the care of the State; my consent to the establishment by Fa´ilte Ireland if further special exhibitions of this art are of five Regional Tourism Development Boards planned; and if he will make a statement on the — in the South-East, the South-West, the West, matter. [5546/07] the Midlands-East and the Northwest regions — and the delegation of certain functions to each of Minister for Arts, Sport and Tourism (Mr. the Boards. The functions so delegated are: O’Donoghue): I have designated the Crawford Art Gallery Cork, which has recently become a • directing the formulation and regular national cultural institution under the aegis of my review of a comprehensive tourism Department, as the home gallery of this Collec- development strategy for its region, to tion. The Collection is in the process of being cover all key aspects of tourism develop- 1611 Questions— 15 February 2007. Written Answers 1612

[Mr. O’Donoghue.] 110. Mr. Durkan asked the Minister for Arts, ment including the product, enterprise sup- Sport and Tourism the number of applications port, training, marketing, infrastructure received in 2007 from the various art, sports and and environmental management needs of recreational groups here; the extent to which he tourism in that region; expects to meet such requirements; and if he will make a statement on the matter. [5931/07] • drafting multi-annual work plans for its region to support the implementation of Minister for Arts, Sport and Tourism (Mr. the region’s development strategy for O’Donoghue): I propose to take Questions Nos. tourism; 38, 106 and 110 together. • submitting multi-annual plans to Fa´ilte The sports capital programme, which is admin- Ireland for funding and other resources and istered by my Department, allocates funding to securing funding, as appropriate, from sporting and community organisations who cater within the region; for people of all ages at local, regional and national level throughout the country. The prog- • overseeing the implementation of the ramme is advertised on an annual basis. region’s approved work plans and approv- Applications for funding under the 2007 prog- ing corrective action as appropriate; ramme were invited through advertisements in • reporting on outcomes achieved from the Press on October 15th and 16th last. The clos- implementing the region’s tourism ing date for receipt of applications was November development strategy and issues arising 24th 2006 and a total of 1,531 applications were from its implementation; received. All applications received before the • performing the role of advocate for tourism deadline are currently being evaluated against the development in its region in accordance programme’s assessment criteria, which are out- with national and regional policies and pro- lined in the guidelines, terms and conditions of cedures; and the programme. In the course of these assessments, additional • working closely with other bodies in the points are given to applications from areas of dis- region to support the development of tour- advantage, as designated by Department of Com- ism in the region. munity, Rural and Gaeltacht Affairs (DCRGA), ´ I appreciate that a significant amount of energy namely RAPID, CLAR and Local Drugs Task and activity exists at county level with many tour- Forces. Applicants from these designated areas ism enterprises, and the local authorities, often also only have to provide evidence of 20% local identifying, in the first instance, with the county funding as against 30% for applicants from non- disadvantaged areas. Successful sports capital structure. I understand, however, that the experi- ´ ence with regard to the former County Tourism programme applicants from CLAR and RAPID areas may be eligible for top-up grants from Committees was mixed and inconsistent. I also \ understand that they performed with varying DCRGA. Indeed, over 5 million in additional degrees of effectiveness. In this regard, I expect grants was provisionally allocated by DCRGA to that the regional strategies, which are being applicants from these designated disadvantaged drawn up by the Regional Tourism Development areas in 2006. Boards, will seek to harness and build on the I intend to announce the provisional grant allo- county dynamic within the overall regional cations for the 2007 sports capital programme as framework. soon as possible after the ongoing assessment process has been completed. My Department’s ACCESS scheme provides capital grants for arts and culture infrastructure Sport and Recreational Development. around the country, much of which is community 38. Mr. Durkan asked the Minister for Arts, based initiatives. Sport and Tourism the degree to which he intends 155 applications for funding were received or expects to offer funding to local community, under ACCESS II 2007 to 2009 and an indepen- sporting or recreational groups who provide dent selection committee is currently assessing facilities of a sporting, cultural or recreational the applications received. The Committee expects nature for the youth at local level, thereby meet- to provide me with recommendations in respect ing an ever growing need in developing areas; and of these applications by March 2007 and I hope if he will make a statement on the matter. to make an announcement regarding the scheme [5722/07] shortly thereafter. The Local Authority Swimming Pool Prog- 106. Mr. Durkan asked the Minister for Arts, ramme, which is also administered by my Depart- Sport and Tourism the extent to which he will ment, provides grant aid for the construction of assist directly with grant aid to promote sporting, public swimming pools. My Department is com- recreational or youth clubs in urban and rural pleting an Expenditure Review of the Prog- areas which currently require such facilities but ramme at present. The Review is currently being lack the necessary finances; and if he will make a finalised and it is my intention to publish it as statement on the matter. [5926/07] soon as possible. Following consideration of the 1613 Questions— 15 February 2007. Written Answers 1614 recommendations in the review it is my intention referred to is currently being reviewed with a to launch a new round of the Local Authority view to establishing new lines of inquiry. Swimming Pool Programme as soon as possible. When the Programme is re-opened, it will be 41. Mr. J. O’Keeffe asked the Ta´naiste and open to all local authorities to submit applications Minister for Justice, Equality and Law Reform under the terms that will apply. when his attention was drawn to the information received from the Austrian authorities regarding Visa Applications. possible Irish involvement in a global child por- 39. Mr. G. Mitchell asked the Ta´naiste and nographic ring; the steps he has taken arising Minister for Justice, Equality and Law Reform if from the circumstances that are now known that he will extend the visitors visa of a person (details the initial information from INTERPOL in supplied) in Dublin 12 in order that they can August 2006 had not been followed up; and if he remain in the State for a further six months in the will make a statement on the matter. [5768/07] circumstances. [5754/07] Ta´naiste and Minister for Justice, Equality and Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): I am informed by Law Reform (Mr. McDowell): The person con- the Garda authorities that a Chief Superin- cerned was granted a C visit visa to enter the tendent has been appointed by the Garda Com- State for a period of three months. It now appears missioner to carry out a fact finding investigation that she is seeking an extension of her permission into the full circumstances of the failure to react to remain in the State. to the Interpol communication and the sub- A wrap-around information sheet accompanies sequent statement to the effect that such a docu- every visa application form. That sheet makes it ment had not been received by An Garda Sı´och- clear to the applicant that, in general, persons a´na. I am awaiting the outcome of the granted visas for particular purposes are not per- investigation before making any further mitted to remain in the State for any purpose comment. other than that for which the visa was granted. Every visa applicant is required to state on the Residency Permits. application form the dates on which he or she proposes to enter and leave Ireland. He or she 42. Mr. Rabbitte asked the Ta´naiste and Mini- is also required to declare that the information ster for Justice, Equality and Law Reform if he supplied is correct and complete. will issue a letter confirming the status of a per- A C Visa is granted for visits of less than 90 son (details supplied) in County Wexford. days. As a consequence it is not the general policy [5769/07] to extend permission to remain to persons who are admitted initially for a period of 90 days or Ta´naiste and Minister for Justice, Equality and less on a C Visa, save in very exceptional and Law Reform (Mr. McDowell): The person in unforeseen circumstances. question made an application for asylum in The person concerned must leave and reapply March 2002. He subsequently withdrew that from outside the State should she wish to return. application and made an application for leave to She should include in her new visa application the remain on the basis of his Irish Born Child in purpose and duration of her intended stay. April 2002. Representations were subsequently received Garda Investigations. from the legal representative of the person con- cerned in connection with his wish to take up 40. Mr. G. Mitchell asked the Ta´naiste and employment as a Temporary Registered Doctor. Minister for Justice, Equality and Law Reform if In December 2004 he was granted permission to he will consult with the Garda Commissioner and remain as a Temporary Registered Doctor and ensure that a structured arrangement is put in currently has permission to remain until June place to work continuously on the case of a per- 2007. It is noted that the spouse of the person son (details supplied). [5755/07] referred to by the Deputy has recently made an 43. Mr. Howlin asked the Ta´naiste and Mini- application for the renewal of permission to ster for Justice, Equality and Law Reform if he remain in the State granted under the IBC/05 has discussed the case of a person (details Scheme. supplied) with the Garda Commissioner with a view to having it investigated thoroughly; and if Question No. 43 answered with Question he will make a statement on the matter. No. 40. [5784/07] 44. Mr. Connaughton asked the Ta´naiste and Ta´naiste and Minister for Justice, Equality and Minister for Justice, Equality and Law Reform Law Reform (Mr. McDowell): I propose to take the result of an application by a person (details Questions Nos. 40 and 43 together. supplied) in County Galway to the business per- I am informed by the Garda authorities that mission immigrants operation control for per- the investigation into the murder of the person mission to start up a business as a dressmaker; 1615 Questions— 15 February 2007. Written Answers 1616

[Mr. Connaughton.] Ta´naiste and Minister for Justice, Equality and and if he will make a statement on the matter. Law Reform (Mr. McDowell): I am informed by [5844/07] the Garda authorities that on the road referred to there were 117 collisions in 2006, with two people Ta´naiste and Minister for Justice, Equality and killed in one collision. In 2005 there were 127 col- Law Reform (Mr. McDowell): The person in lisions with one fatality. question currently has permission to remain in the State until July 2007 on the basis of being the Asylum Applications. spouse of a work permit holder. There is no 47. Mr. Durkan asked the Ta´naiste and Mini- record of a separate application for permission to ster for Justice, Equality and Law Reform the engage in business in the State from the person expected position in the case of a person (details concerned. supplied) in Dublin 22; and if he will make a As a Jamaican national, the person concerned statement on the matter. [5937/07] would require permission to operate a business in the State. An application can be made in writing Ta´naiste and Minister for Justice, Equality and to the Business Permission Section, Irish Natural- Law Reform (Mr. McDowell): I am informed by isation and Immigration Service, 4th Floor, the Immigration Division of my Department that Department of Justice, Equality and Law the person in question made a Family Reunifi- Reform, 13-14 Burgh Quay, Dublin 2. Details of cation application in October 2006. The appli- the requirements can be obtained from my cation was forwarded to the Refugee Appli- Department’s website at www.justice.ie. cations Commissioner for investigation as required under Section 18 of the Refugee Act Crime Levels. 1996. When this investigation is completed, the Commissioner will prepare and forward a report 45. Mr. J. O’Keeffe asked the Ta´naiste and to my Department. The application will then be Minister for Justice, Equality and Law Reform considered by my Department and a decision will the number of offences committed by persons on issue in due course. bail for each of the years 2002 to 2006. [5870/07] 48. Mr. Durkan asked the Ta´naiste and Mini- Ta´naiste and Minister for Justice, Equality and ster for Justice, Equality and Law Reform the Law Reform (Mr. McDowell): Following the sub- current or expected residency status in the case mission to me in 2004 of a report and recom- of a person (details supplied) in County Dublin; mendations by an expert group on crime statis- and if he will make a statement on the matter. tics, I decided that the compilation and [5938/07] publication of crime statistics should be taken over by the Central Statistics Office, as the Ta´naiste and Minister for Justice, Equality and national statistical agency, from the Garda Sı´och- Law Reform (Mr. McDowell): The case referred a´na. The Garda Sı´ocha´na Act, 2005 consequently to by the Deputy falls under the scope of the makes provision for this and the CSO has estab- Dublin II Regulation, (Council Regulation (EC) lished a dedicated unit for this purpose. Follow- No. 343/2003). ing the setting up of the necessary technical This Regulation is intended to prevent the systems and auditing of the data from which the phenomenon of ‘asylum shopping’ across Europe statistics are compiled, I am pleased to note that and sets out criteria for determining which the CSO is now compiling and publishing crimi- Member State is responsible for examining an nal statistics and has published provisional head- asylum application where applications have been line crime statistics for the third and fourth quar- lodged in more than one Member State or ters of 2006. In addition, it has compiled and whereby an asylum seeker has been granted a published a series of quarterly and annual statis- visa to enter another regulation state. At the tics for the period starting with the first quarter same time, it guarantees applicants that one State of 2003. I understand that the CSO are examining will process their application, thereby preventing how the crime statistics published might be the creation of ‘refugees in orbit’, a situation expanded and made more comprehensive. which had previously pertained in Europe. Under I have requested the CSO to provide the infor- the Dublin II Regulation, the Office of the Refu- mation sought by the Deputy directly to him. gee Applications Commissioner, (ORAC), can, on the basis of relevant criteria, request another Road Traffic Accidents. State to accept responsibility for an asylum appli- cation and have it processed in that other state. 46. Mr. McHugh asked the Ta´naiste and Mini- Following investigation by ORAC, it was ster for Justice, Equality and Law Reform the determined that the person concerned had pre- number of times in 2005 and 2006 that gardaı´ viously made an asylum application in France. As were called to attend road accidents on a road a direct result of the ORAC determination, a (details supplied) in County Galway; the number Transfer Order was signed in respect of him on in which fatalities occurred; and if he will make a 01 August, 2006, obliging him to present to the statement on the matter. [5914/07] Garda National Immigration Bureau, (GNIB), on 1617 Questions— 15 February 2007. Written Answers 1618

22 August, 2006, for arrangements to be made for riages cases in Family Reunification, the person his return to France. He presented as requested in question was informed in his decision letter and a flight was arranged for his transfer on 30 that this marriage does not appear to be valid August, 2006. However he evaded his transfer under Irish Law. He was informed at that time and became illegally present in this State. The that he may apply to the courts for a declaration, person concerned continues to evade his transfer under Section 29 of the Family Law Act 1995 to and remains illegally present in the State. I would the effect that the marriage in question is valid. therefore urge the person concerned to come for- The Immigration Division will review the Family ward and present himself to the GNIB without Reunification application on receipt of such a further delay. declaration.

49. Mr. Durkan asked the Ta´naiste and Mini- 51. Mr. Durkan asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform the ster for Justice, Equality and Law Reform if he current or expected residency status in the case has information available to him as to the way of persons (details supplied); and if he will make references to Romania appear on the file of a a statement on the matter. [5939/07] person (details supplied) in Dublin 15 having particular regard to the fact that such reference Ta´naiste and Minister for Justice, Equality and may have created confusion and jeopardised their Law Reform (Mr. McDowell): I would refer the residency application; and if he will make a state- Deputy to my reply to Da´il Question number 152 ment on the matter. [5941/07] of 14 December, 2006, in respect of the mother in this instance. Ta´naiste and Minister for Justice, Equality and As you are aware, the Office of the Refugee Law Reform (Mr. McDowell): I refer the Deputy Applications Commissioner, (ORAC), deter- to Parliamentary Questions No. 377 of mined in accordance with the terms of the Dublin Wednesday, 31 January, 2007, No. 54 of Thursday II Regulation, Council Regulation (EC) No. 30 November, 2006, No. 83 of Thursday 26 343/2003, that France is responsible for examining October, 2006, and No. 187 of Thursday 1 June, the mother’s asylum application in this instance. 2006 and the written replies to those Questions. Under Article 4(3) of the Regulation any child or The position is unchanged. children born to an asylum seeker after they arrive in another Member State shall have their Visa Applications. asylum application, if they make one, heard in the State where the mother’s application for asylum 52. Ms C. Murphy asked the Ta´naiste and Mini- was first lodged. Accordingly a request under ster for Justice, Equality and Law Reform if he Article 4(3) was made to the appropriate auth- will alter the rules relating to work visas for US orities in France on 07 December, 2006, asking citizens in view of the fact that the same is being them to also accept the child, which they did. sought from the US for Irish seeking to stay leg- Arrangements were made for their transfer on ally in the US; and if he will make a statement on 15 December, 2006. However they evaded their the matter. [5949/07] transfer and became illegally present in this State. The persons concerned continue to evade their Ta´naiste and Minister for Justice, Equality and transfer and remain illegally present in the State. Law Reform (Mr. McDowell): As the Deputy I would therefore urge the persons concerned to may be aware, US citizens are exempt from Irish present to the GNIB without further delay in entry visa requirements. They are however, as are order to arrange their transfer to France. all non-EEA nationals, required to report to an Immigration Officer on arrival at an Irish port of entry to seek permission to enter the State. In Residency Permits. addition, all non-EEA nationals, including US 50. Mr. Durkan asked the Ta´naiste and Mini- citizens, who wish to remain in Ireland for longer ster for Justice, Equality and Law Reform if and than three months are required to register with when a further application for family reunifi- the Garda National Immigration Bureau and cation will be entertained in the case of a person seek the appropriate permission to remain. (details supplied) in County Cork; if, having Access to the Irish labour market by US and regard to the humanitarian circumstances in this other non-EEA nationals, other than those whose case, he will allow the issue to be reconsidered; residence status (e.g. refugee, legally resident and if he will make a statement on the matter. spouse of Irish national etc.), specifically grants [5940/07] them free access, is dealt with by the Department of Enterprise, Trade and Employment. As the Ta´naiste and Minister for Justice, Equality and Deputy will be aware, the Employment Permits Law Reform (Mr. McDowell): I am informed by Act 2006 has now entered into force and sets out the Immigration Division of my Department that new arrangements governing this area. These a Family Reunification application by the person include a new ‘‘Green Card” permit for people in question was refused in November 2006. earning above \60,000 per year in any sector and The application was made on foot of a mar- for those in the \30,000 — \60,000 range in stra- riage which was by proxy. As with all proxy mar- tegically important sectors. Information regarding 1619 Questions— 15 February 2007. Written Answers 1620

[Mr. McDowell.] Minister for Finance (Mr. Cowen): Section 469 the qualifying criteria for “Green Cards”, work of the Taxes Consolidation Act 1997 provides for permits and other labour market access schemes tax relief on certain health expenses incurred by are available from the Department of Enterprise, a taxpayer in respect of the provision of health Trade and Employment website at www.entem- care for him or herself and/or his or her qualify- p.ie. The Work Visa and Work Authorisation ing dependants. However, the relief is only avail- schemes previously operated by the Department able to the extent that tax has been paid in a tax of Enterprise Trade and Employment have been year. replaced by these new arrangements. I have been advised by the Revenue Commis- Non-EEA nationals, including US citizens, who sioners that in this particular year the taxpayer have permission to remain in the State as students has been granted the maximum relief available are currently entitled to take up casual employ- for the health expenses as claimed. The total ment (defined as 20 hours per week during school amount of tax paid for the year ending 31 term time and up to 40 hours per week during December 2006 amounted to \3,135.43, and this school holidays) for the duration of their per- amount was repaid on 17 January 2007. Unfortu- mission to remain. This entitlement ceases upon nately, there is no further tax available to repay the expiry of the person’s permission to remain to the taxpayer for the year 2006. as a student. However, while this represents the current position, “Towards 2016” provides that employment of non-EEA students will become Consultancy Contracts. subject to an application for an employment 55. Mr. S. Ryan asked the Minister for Finance permit. the amount of expenditure on consultancy by the Although US citizens are not visa required, Revenue Commissioners in 2003, 2004 and 2005; they can subject to certain criteria, avail of the the number of consultants engaged by the Holiday Working Visa Scheme which can be Revenue Commissioners in those years; and the issued for up to a 12 month period and which steps which have been taken to reduce the expen- allows the holder to work in Ireland in a casual diture on consultancy and the reliance on consult- capacity during the validity of the Working ants by the Revenue commissioners in these years Holiday Visa. and for the future. [5785/07] My Department has no proposals to initiate a regularisation scheme in respect of non-EEA Minister for Finance (Mr. Cowen): Iam nationals, including US citizens who are currently informed by the Revenue Commissioners that working and residing illegally in Ireland. almost all their consultancy expenditure is in the However, if the Deputy has a particular case in Information and Communications Technology mind I would advise that the individual con- (ICT) area. While Revenue endeavour as far as cerned should write to the Immigration Division of my Department, which is located at 13-14 possible to carry out their ICT work in-house, Burgh Quay, Dublin 2 giving details of their cir- and use the various civil service ICT recruitment cumstances and the grounds on which they wish options to maintain a cadre of skilled and experi- to remain. Each case will be examined and deter- enced internal staff, they do use ‘external sup- mined on the individual merits of the case. port’ to develop tangible assets in the form of software which is recognised by the C&AG in the annual appropriation accounts. Prisoner Releases. Recent examples of this are the engagement of 53. Mr. J. O’Keeffe asked the Ta´naiste and computer experts to develop and provide support Minister for Justice, Equality and Law Reform if for critical ICT projects such as the redesign of he has proposals for the early release of the kil- the Pay As You Earn (PAYE) and Customs lers of Garda Jerry McCabe; and if he will make Automated Entry Processing (AEP) systems as a statement on the matter. [5958/07] well as the maintenance and enhancement of Revenue’s underlying application frameworks — Ta´naiste and Minister for Justice, Equality and their back-office Integrated Taxation Services Law Reform (Mr. McDowell): There are no pro- and the public-facing Revenue On-Line Services. posals for the early release of the killers of Detec- Revenue also employ consultants who ‘advise tive Garda Jerry McCabe. and recommend’ in the traditional manner. These consultancies represent typically low-cost, once- Tax Reliefs. off business area assignments. For clarity, the 54. Mr. G. Mitchell asked the Minister for Fin- numbers involved in these consultancies are ance if the Revenue Commissioners will review shown separately in the table. in details the case of a person (details supplied) in The amount of expenditure and the numbers Dublin 12; if they will ensure that every possible engaged are shown in the table. The number of assistance is given to them, taking into account people varies from time to time during each year any discretionary powers the Revenue Commis- depending, for example, on the number of pro- sioners have in all of the circumstances. jects being worked on at the same time and the [5752/07] stage that projects are at. 1621 Questions— 15 February 2007. Written Answers 1622

Scheme will follow similarly when construction Year Expenditure Numbers Numbers commences on the South West Scheme. on external engaged on engaged on support/ external business business support for consultancy Tax Code. consultancy ICT projects 57. Mr. N. O’Keeffe asked the Minister for Fin- \ million* ance if persons (details supplied) in County Cork who have purchased a farm in joint names can 2003 12.45 47–82 39 qualify for the stamp duty exemption; and if 2004 18.53 57 –124 46 further time will be given to them if the husband 2005 22.9 104 –130 47 has to complete his qualifications. [5822/07] * Figures include c. \5m per annum from the Information Society Fund. Minister for Finance (Mr. Cowen): Iam advised by the Revenue Commissioners that from As regards reducing reliance on consultants, it the information provided it is not clear whether would not be realistic to expect to eliminate con- exemption from Stamp Duty under the young sultants altogether from an organisation like the trained farmer scheme applies. However where Revenue Commissioners, because of the organis- property is purchased in the joint names of hus- ation’s size and the complexity of its operations. band and wife, the requirement is that only one However, as already mentioned, Revenue do try of the spouses must qualify as a young trained as far as possible to carry out their ICT work in- farmer. For further information the persons con- house, and uses the various civil service ICT cerned should contact: Cork Stamp Duty Office, recruitment options to maintain a cadre of skilled South West Region, Government Buildings, Sul- and experienced internal staff. Latterly they have livan’s Quay, Cork. used provisions of Sustaining Progress and its suc- cessor for ‘open’ recruitment. 58. Mr. Kirk asked the Minister for Finance the Revenue also test the market, via open EU position regarding the payment of DIRT tax on competitions, for all key projects such as PAYE deposit accounts for persons over 65; and if he (2003) and AEP (2005). They have issued a Prior will make a statement on the matter. [5850/07] Information Notice in the EU Journal stating an intent to approach the market again in 2007 for Minister for Finance (Mr. Cowen): Individuals external ICT support for the full portfolio of pro- aged 65 years or over (and individuals who are jects and frameworks. permanently incapacitated by reason of mental or Finally, the figures in the table above must be physical infirmity from maintaining themselves,) seen in context: Revenue’s total expenditure in can claim a refund from DIRT where the income 2005, for example, was \387m and it employed some 6,445 staff. of the individual (inclusive of the deposit interest) is below the appropriate income exemption limit for tax purposes. In the 2007 tax year the exemp- Flood Relief. tion limit for a single person aged 65 or over is 56. Mr. N. O’Keeffe asked the Minister for Fin- \19,000 per annum, and in the case of a married ance the progress made to date in the implemen- couple, the exemption limit is \38,000 (the equiv- tation of the flood relief measures in Fermoy, alent limits for the 2006 tax year were \17,000 County Cork. [5814/07] single/ \34,000 married). A partial refund may be due to such individuals whose income (inclusive Minister of State at the Department of Finance of the deposit interest) does not greatly exceed (Mr. Parlon): As the Deputy will be aware, the appropriate income exemption limit. detailed design of the Fermoy North Drainage In the recent Budget I announced that the rules Scheme commenced in June 2006 and has been relating to such individuals are now being ongoing since. As some changes had to be made changed so that in future they may notify their to the Scheme exhibited in November 2005, financial institution of their status and receive the mainly on the western boundary, a slight delay interest without deduction of DIRT. These has been experienced in commencing the tender changes are included in the 2007 Finance Bill and process to appoint a civil engineering contractor. further details will be published by the Revenue However, this work is now almost completed and Commissioners when the Bill is enacted. the Office of Public Works expects to commence the tender process within a matter of weeks. When the tender process is complete OPW will Proposed Legislation. submit the scheme to the Minister for Finance for 59. Mr. Naughten asked the Minister for Fin- Confirmation. Subject to the Minister Confirming ance if he will amend the Finance Bill to facilitate the Scheme, OPW would expect to commence persons who have completed their 180 hour construction works within a matter of weeks course for their green certificate but have not thereafter, some time in the third quarter of 2007. completed their apprenticeship with FA´ Sby31 Detailed design of the Fermoy South West March 2008; and if he will make a statement on Scheme will commence when construction on the the matter. [5861/07] North Scheme is underway. The South East 1623 Questions— 15 February 2007. Written Answers 1624

Minister for Finance (Mr. Cowen): The Fin- ance the estimated amount of income tax payable ance Bill 2007 proposes changes to the require- annually by permanent residents on Ireland’s off- ments necessary to be regarded as a young shore islands. [5869/07] trained farmer for the purposes of relief from stamp duty on certain transfers of farm land as Minister for Finance (Mr. Cowen): Iam well as the enhanced regime of stock relief. From informed by the Revenue Commissioners that 31 March 2008 the basic minimum standard statistics are not recorded in such a manner as required will be the new FETAC Level 6 would enable the information requested by the Advanced Certificate in Agriculture. Details of Deputy to be provided. Such information could the new scheme, as well as a commencement date not be obtained without conducting a protracted of 31 March 2008, were agreed with the farming investigation of the Revenue Commissioners’ representative bodies at the Partnership talks records. concluded late last year. The extended lead in time provides an oppor- Tax Code. tunity for an individual to achieve the existing 61. Mr. Boyle asked the Minister for Finance standard before the new requirements take effect. the tax expenditure currently being foregone However, individuals who have not achieved the through the tax relief of private pension plans; necessary standard under the existing scheme of the average tax relief given per individual; and courses by that date will, in fact be given credit the highest individual relief. [5952/07] against the FETAC Level 6 standard for any element of existing courses completed and this Minister for Finance (Mr. Cowen): I assume includes the 180 hours of Teagasc training which the Deputy has in mind the estimated cost of tax is referred to in the question. relief on pension contributions by employers, employees and self-employed. I am informed by the Revenue Commissioners that the latest year Tax Yield. for which this information is available is the 60. Mr. J. O’Keeffe asked the Minister for Fin- income tax year 2003 and is provided in the table.

Cost of income tax relief relating to pension contributions

Type of Pension Contributions 2003

\ million

Employees’ Contributions to approved Superannuation Schemes 622 Employers’ Contributions to approved Superannuation Schemes 564 Retirement Annuity Contracts (RACs) 264 Personal Retirement Savings Accounts (PRSAs) * 6

Total 1,456 *Figures for PRSAs reflect the relative early stage of the scheme which was introduced in 2002.

With regard to occupational pensions, that is The highest individual tax relievable contri- approved superannuation schemes set up by the bution allowable in 2003 in respect of the contri- employer, it should be noted that the cost figures butions to RACs and PRSAs, assuming a con- in respect of employee and employer contri- tributor aged 50 years or over and taking into butions are very tentative estimates and that account a contributions earnings cap of \254,000, efforts are being made to improve information on is 30 per cent of \254,000 or \76,200. This the cost of tax relief for pensions, generally. Sub- amounts to a tax relief of \32,004 at the top tax ject to these limitations, and using data on the rate of 42 per cent. The relief can be doubled in numbers of employee contributors obtained from the case of a married couple where each spouse the Pensions Board, the approximate average qualifies for the maximum individual relief of value to each employee contributor of tax con- \32,004. On the basis of the information available cessions in respect of the total combined from tax records the highest individual values of estimates of contributions by employees and tax relief allowed in 2003 were \56,262 for RACs employers is estimated at \1,637. There is no and \39,900 for PRSAs. basis on which to provide an estimate of the high- est individual value of tax relief. Health Services. The average value of income tax concessions for contributions to Retirement Annuity Con- 62. Cecilia Keaveney asked the Minister for tracts (RACs) which are available to the self- Health and Children her plans to expand the employed and to employees not in occupational availability of defibrillators throughout the rural pension schemes and to Personal Retirement communities through the existing Red Cross net- Savings Accounts (PRSAs) is estimated at \2,411 work or another source; and if she will make a and \2,500, respectively. statement on the matter. [5865/07] 1625 Questions— 15 February 2007. Written Answers 1626

Minister of State at the Department of Health 2005 has been monitored by my Office on a reg- and Children (Mr. S. Power): In September 2004 ular basis. The latest figures available as of the a national Task Force on Sudden Cardiac Death end of November 2006 are summarised in the was established in order to address the problem table below. of sudden cardiac death in Ireland. The Report of The first tax year for which this tax exemption the Task Force, published in March 2006, makes applies is 2006 and tax returns for 2006 must be recommendations on the prevention of sudden made by the end of October 2007. Until that time, cardiac death and on the detection of those at the final take-up of this initiative cannot be fully high risk. established. The Task Force supports the establishment of first responder programmes and recommends Voluntary Notifications to CCCs that priority should be given to programmes, geo- graphical locations and facilities identified as hav- City/County Childcare Committee Up to end of (CCC) November 2006 ing the greatest need. All programmes should be coordinated by the HSE ambulance services, with best practice guidance from the Pre Hospital Carlow 1 Emergency Care Council. Cavan 14 The Task Force also recommends that Auto- Clare* 7 mated External Defibrillators (AEDs) should be Cork City 0 placed in facilities where the incidence of cardiac Cork County 1 arrest is high, including inpatient health facilities, Du´ n Laoghaire/Rathdown 0 G.P. surgeries and primary care facilities, air- ports, shopping centres, major sports venues and Donegal 0 golf courses, bus/rail terminals, ferries/ferry ter- Dublin City 1 minals, concert and conference venues, universit- Fingal 38 ies and colleges, gyms and fitness clubs, and other Galway 46 venues for major public events Kerry 70 Where funding for AEDs or first responder Kildare* 19 schemes is required, the Health Service Execu- tive, which has overall responsibility for the Kilkenny 2 implementation of the report’s recommendations, Laois* 5 may consider such applications. Leitrim 24 Limerick City* 0 Child Care Services. Limerick County* 5 63. Mr. Stanton asked the Minister for Health Longford* 2 and Children the number of childminders who Louth 2 availed of the income tax exemption scheme in Mayo 55 2006; and if she will make a statement on the Meath 52 matter. [5881/07] Monaghan 12 80. Mr. Stanton asked the Minister for Health North Tipperary* 6 and Children the number of inquiries and the Offaly* 27 number of voluntary notifications respectively Roscommon 0 received by the child care committees from child- Sligo 2 minders wishing to avail of the income tax South Dublin** 19 exemption; the breakdown of same per child care committee area; and if she will make a statement South Tipperary 0 on the matter. [5880/07] Waterford City 20 Waterford County 12 Minister of State at the Department of Health Westmeath* 17 and Children (Mr. B. Lenihan): I propose to take Wexford 0 Questions Nos. 63 and 80 together. Wicklow 40 To apply for the Childcare Services Relief, Childminders are obliged to make an annual tax Total 499 return of their childminding income to the *Figures for these areas are held by and provided by the Revenue Commissioners. For tax exemption pur- HSE via the CCC. poses, Childminders must also provide evidence **Figure is provisional and pending finalisation. that they have notified their local City/County Childcare Committee (CCC), through the local Childminding Advisory Officer that they are pro- Health Services. viding a childminding service. 64. Mr. Wall asked the Minister for Health and The number of voluntary notifications made by Children the position of the provision of home Childminders to the CCCs since the introduction care packages; the procedure that an applicant of the Childcare Services Relief in December must adhere to; the mechanism of payment and 1627 Questions— 15 February 2007. Written Answers 1628

[Mr. Wall.] Hospital Services. the way such a package is determined; if the rel- 67. Dr. Cowley asked the Minister for Health evant information can be supplied by e-mail to an and Children the hospitals here which have had applicant; and if she will make a statement on the PACS implemented; when Mayo General matter. [5753/07] Hospital can expect implementation of this service; and if she will make a statement on the Minister of State at the Department of Health matter. [5781/07] and Children (Mr. S. Power): Operational responsibility for the management and delivery of Minister for Health and Children (Ms Harney): health and personal social services was assigned Operational responsibility for the management to the Health Service Executive under the Health and delivery of health and personal social services Act 2004. Therefore, the Executive is the appro- is a matter for the Health Service Executive and priate body to consider the particular matter funding for all health services has been provided raised by the Deputy. My Department has as part of its overall vote. Therefore, the Execu- requested the Parliamentary Affairs Division of tive is the appropriate body to consider the part- the Executive to arrange to have the matter icular question raised by the Deputy. My Depart- investigated and to have a reply issued directly to ment has requested the Parliamentary Affairs the Deputy. Division of the Executive to arrange to have the matter investigated and to have a reply issued Care of the Elderly. directly to the Deputy. 65. Mr. P. Breen asked the Minister for Health 68. Dr. Cowley asked the Minister for Health and Children if her Department will provide and Children when a person (details supplied) in funding to a centre (details supplied) in County County Mayo will be called for a scan with a view Clare for a dementia unit; and if she will make a to operating on a cataract; and if she will make a statement on the matter. [5766/07] statement on the matter. [5782/07]

Minister of State at the Department of Health Minister for Health and Children (Ms Harney): and Children (Mr. S. Power): Operational Operational responsibility for the management responsibility for the management and delivery of and delivery of health and personal social services health and personal social services was assigned was assigned to the Health Service Executive to the Health Service Executive under the Health under the Health Act 2004 and funding for all Act 2004 and funding for all health services has health services has been provided as part of its been provided as part of its overall vote. There- overall vote. Therefore, the Executive is the fore, the Executive is the appropriate body to appropriate body to consider the particular case consider the particular matter raised by the raised by the Deputy. My Department has Deputy. My Department has requested the requested the Parliamentary Affairs Division of Parliamentary Affairs Division of the Executive the Executive to arrange to have this case investi- gated and to have a reply issued directly to the to arrange to have the matter investigated and to Deputy. have a reply issued directly to the Deputy 69. Mr. N. O’Keeffe asked the Minister for Mental Health Services. Health and Children if she will assist a person 66. Dr. Twomey asked the Minister for Health (details supplied) in County Cork in being called and Children if there are plans to provide funding for a hip replacement operation; and if she will to a centre (details supplied) in County Wexford ensure that they are considered for surgery under which provides counselling services and deals the National Treatment Purchase fund. with referrals from the Health Service Execu- [5815/07] tive. [5767/07] Minister for Health and Children (Ms Harney): Minister of State at the Department of Health Operational responsibility for the management and delivery of health and personal social services and Children (Mr. T. O’Malley): Operational is a matter for the Health Service Executive and responsibility for the management and delivery of funding for all health services has been provided health and personal social services was assigned as part of its overall Vote. Therefore, the Execu- to the Health Service Executive under the Health tive is the appropriate body to consider the part- Act 2004 and funding for all health services has icular case raised by the Deputy. My Department been provided as part of its overall vote. The has requested the Parliamentary Affairs Division Executive, therefore, is the appropriate body to of the Executive to arrange to have the matter consider the particular case raised by the Deputy. investigated and to have a reply issued directly to My Department has requested the Parliamentary the Deputy. Affairs Division of the Executive to arrange to Patients waiting more than three months on a have the matter investigated and to have a reply surgical waiting list may qualify for treatment issued directly to the Deputy. under the National Treatment Purchase Fund. It 1629 Questions— 15 February 2007. Written Answers 1630 is open to the person in question or anyone acting Local Level, and Nutrition and Older People in on his behalf to contact the Fund directly in Residential and Community Care Settings. relation to this case. Health Services. Health Promotion. 71. Mr. P. Breen asked the Minister for Health 70. Mr. O’Connor asked the Minister for and Children when a person (details supplied) in Health and Children the policies she has in place County Clare will be taken off the waiting list for to encourage active and healthy lifestyles orthodontic services and receive treatment. amongst the over 60s; and if she will make a state- [5834/07] ment on the matter. [5830/07] Minister for Health and Children (Ms Harney): Minister of State at the Department of Health The Deputy’s question relates to the manage- and Children (Mr. S. Power): “Adding Years to ment and delivery of health and personal social Life, Life to Years: A Health Promotion Strategy services, which are the responsibility of the for Older People” was developed by the Depart- Health Service Executive under the Health Act ment of Health and Children in collaboration 2004. Accordingly, my Department has requested with the National Council on Ageing and Older the Parliamentary Affairs Division of the Execu- People (NCAOP), as the first strand of the tive to arrange to have this matter investigated Healthy Ageing Programme. This strategy pro- and to have a reply issued directly to the Deputy. vides a framework for action and informs health promotion activity for older people at national 72. Mr. P. Breen asked the Minister for Health and regional levels. The Department continues to and Children when a person (details supplied) in support the NCAOP in the development of County Clare will be assessed for orthodontic further strands of the programme. treatment; and if she will make a statement on The second and third strands involve support- the matter. [5835/07] ing the implementation of the strategy through Minister for Health and Children (Ms Harney): various means including the development of an The Deputy’s question relates to the manage- information and support network for promoting ment and delivery of health and personal social the health, welfare and autonomy of older people services, which are the responsibility of the and identifying and promoting models of good Health Service Executive under the Health Act practice for healthy ageing. The programme also 2004. Accordingly, my Department has requested aims to support a range of sectors with a role to the Parliamentary Affairs Division of the Execu- play in healthy ageing through development and tive to arrange to have this matter investigated capacity-building practice in the areas of net- and to have a reply issued directly to the Deputy. working, training, materials, models of good prac- tice, national partnership initiatives, public 73. Mr. Connaughton asked the Minister for awareness and evaluation of initiatives. Health and Children if there is financial assist- To date the programme has: developed the ance available towards the purchase of hair wigs Healthy Ageing Database, through widespread for people suffering from alopecia; if her atten- consultation with relevant stakeholders. This tion has been drawn to the fact that many people database is a valuable information resource for have to purchase wigs three times a year at a cost sharing information and experience on healthy of \400 to \500 a time; and if she will make a ageing initiatives; published “Healthy Ageing in statement on the matter. [5839/07] Ireland: Policy, Practice and Evaluation” Report, analysing current healthy ageing initiatives Minister for Health and Children (Ms Harney): around the country and presenting models of best Operational responsibility for the management practice; published the “Directory of Healthy and delivery of health and personal social services Ageing Information Resources for Older is a matter for the Health Service Executive and People”, to provide older people with infor- funding for all health services has been provided mation on leaflets, videos and posters relevant to as part of its overall Vote. Therefore, the Execu- healthy ageing (produced by both statutory and tive is the appropriate body to consider the part- voluntary organisations); developed a Healthy icular issue raised by the Deputy. My Department Ageing Residential Care Initiative for long-stay has requested the Parliamentary Affairs Division institutions and residential facilities for older of the Executive to have the issue examined and people in Ireland; and published “Older People to have a reply issued directly to the Deputy. in Ireland: A Profile of Health Status, Lifestyle and Socio-Economic Factors from the National 74. Mr. Connaughton asked the Minister for Health and Lifestyle Surveys (SLAN)”. The Health and Children the reason a person (detail programme is assisting the development of a supplied) in County Galway who has had seven national falls and fractures prevention, treatment operations, suffers form kidney problems and has and rehabilitation strategy. Annual healthy age- high blood pressure is not entitled to transport to ing conferences are organised on Safety and and from their hospital appointment; and if she Older People, Social Inclusion of Older People at will make a statement on the matter. [5840/07] 1631 Questions— 15 February 2007. Written Answers 1632

Minister for Health and Children (Ms Harney): pendent redress mechanism if there is a failure to Operational responsibility for the management provide these entitlements. and delivery of health and personal social services Part 2 of the Disability Act 2005 will be com- was assigned to the Health Service Executive menced on a national basis (including Galway) in under the Health Act 2004 and funding for all respect of persons of different ages as follows: for health services has been provided as part of its children aged less than 5 years — with effect from overall vote. Therefore, the Executive is the 1, June 2007; for children aged 5 years to 18 years appropriate body to consider the particular case — in tandem with the implementation of the raised by the Deputy. My Department has EPSEN Act 2004; and for persons aged over 18 requested the Parliamentary Affairs Division of years — as soon as possible but no later than 31, the Executive to arrange to have this case investi- December 2011. gated and to have a reply issued directly to the Services for adults and children will continue Deputy. to be enhanced progressively over the next number of years. The commitment by the Health Service Staff. Government to provide a Multi-Annual Invest- ment programme of some \900m over the period 75. Mr. Connaughton asked the Minister for 2006-2009 for disability support services recog- Health and Children if a co-ordinator has been nises the need to build capacity in the health appointed by the Health Service Executive west services to deliver on these obligations.The bulk to take executive responsibility for whatever pro- of this funding, around \720m, is being spent in posals are forthcoming from the national immu- the health services. nisation advisory committee; the person given I have allocated \100m in 2006 and a further such responsibility; and if she will make a state- \100m in 2007 for the continuing development of ment on the matter. [5841/07] services for people with a disability. Minister for Health and Children (Ms Harney): The Deputy’s question relates to the manage- Health Repayment Scheme. ment and delivery of health and personal social 77. Mr. Allen asked the Minister for Health services, which are the responsibility of the and Children when a decision will be made on Health Service Executive under the Health Act the application made for recoupment of nursing 2004. Accordingly, my Department has requested home charges to a person (details supplied) in the Parliamentary Affairs Division of the Execu- County Cork, on behalf of their late spouse who tive to arrange to have this matter investigated was a patient at Sarsfield’s Court, Glanmire, and to have a reply issued directly to the Deputy. County Cork. [5843/07]

Services for People with Disabilities. Minister for Health and Children (Ms Harney): The Health Service Executive has responsibility 76. Mr. Connaughton asked the Minister for for administering the Repayment Scheme and the Health and Children the reason the model of care information sought by the Deputy relates to for children services in County Galway arising matters within the area of responsibility of the out of the implementation of the Disability Act Executive. My Department has requested the 2005 and the Education for Persons with Special Parliamentary Affairs Division of the Executive Educational Act 2004 has yet to be implemented; to arrange to have the matter investigated and to the nature of the plan; when she anticipates its have a reply issued to the Deputy full implementation; and if she will make a state- ment on the matter. [5842/07] Medical Cards. Minister of State at the Department of Health 78. Mr. Durkan asked the Minister for Health and Children (Mr. T. O’Malley): The Govern- and Children when a medical card will issue to a ment launched the National Disability Strategy, person (details supplied) in County Cork; and if in 2004 as a framework of positive action she will make a statement on the matter. measures to support the participation of people [5852/07] with disabilities in Irish society. Two new pieces of legislation — the Education for Persons with Minister for Health and Children (Ms Harney): Special Educational Needs (EPSEN) Act, 2004 Medical cards are made available to persons and and the Disability Act, 2005 form an integral part their dependants who would otherwise experi- of this Strategy, along with the suite of six sec- ence undue hardship in meeting the cost of toral plans, launched in 2006. General Practitioner (GP) services. In 2005 the One of the most important aspects of my GP visit card was introduced as a graduated Department’s sectoral plan is the arrangements benefit so that people on lower incomes, partic- for commencing Part 2 of the Disability Act 2005, ularly parents of young children, who do not which provides a statutory entitlement to an inde- qualify for a medical card would not be deterred pendent assessment of health and education on cost grounds from visiting their GP. needs, a statement of the services (Service Since the beginning of 2005 substantial changes Statement) which it is proposed to provide, and have been made to the way in which people’s the right to pursue a complaint through an inde- eligibility for a medical card is assessed and these 1633 Questions— 15 February 2007. Written Answers 1634 apply equally to the assessment process for a GP for Children. Following Pobal’s assessment of the visit card. The income guidelines have been application, a recommendation will be made to increased by a cumulative 29% and in addition the PAC, prior to a decision being made by the allowance is now made for reasonable expenses Secretary-General. The Group will be informed incurred in respect of mortgage/rent, child care of the outcome in due course. and travel to work costs. In June 2006 I agreed with the Health Service Executive a further Question No. 80 answered with Question adjustment to the assessment guidelines for GP No. 63. visit cards and these are now 50% higher than those in respect of medical cards. Pre-School Inspections. As the Health Service Executive has the oper- 81. Mr. Stanton asked the Minister for Health ational and funding responsibility for these benefits, it is the appropriate body to consider the and Children the progress to date in making pre- particular case raised by the Deputy. My Depart- school inspection reports available on-line to the ment has therefore requested the Parliamentary public; when this initiative will be up and running; Affairs Division of the Executive to arrange to and if she will make a statement on the address this matter and to have a reply issued matter. [5882/07] directly to the Deputy. Minister of State at the Department of Health and Children (Mr. B. Lenihan): The establish- Child Care Services. ment of the Health Service Executive rep- 79. Mr. Naughten asked the Minister for resented a fundamental move from the previously Health and Children the reason a group (details fragmented structure and organisation of the supplied) in County Roscommon has been country’s health and personal social services to a refused a staffing grant under the equal oppor- unitary system under the Executive. This ensured tunities child care programme; if her attention has that one body would have responsibility for the been drawn to the fact that the group has been management and delivery of services from the awarded \25,000 in EOCP funding for a play- local to the national level, including data collec- ground which is of little use without a staffing tion across its various areas of operation. grant; if she has reviewed correspondence from The information sought by the Deputy relates the group in question; and if she will make a to matters within the area of responsibility of the statement on the matter. [5859/07] Executive. My Department has requested the Parliamentary Affairs Division of the Executive Minister of State at the Department of Health to arrange to have the matter investigated and to and Children (Mr. B. Lenihan): As the Deputy have a reply issued directly to the Deputy. will be aware, I have responsibility for the Equal Opportunities Childcare Programme 2000-2006 National Children Strategy. (EOCP) and the National Childcare Investment Programme 2006-2010 (NCIP), which are being 82. Mr. Stanton asked the Minister for Health implemented by the Office of the Minister for and Children if the national children’s strategy Children. has been implemented in full; the sections of the Staffing grant assistance was previously strategy which remain to be implemented; the approved for the Group in question of \84,786 timescale of same; and if she will make a state- under the EOCP, which included \76,786 over ment on the matter. [5883/07] three years in November 2000 and a further \8,000 in February 2004. Capital grant assistance Minister of State at the Department of Health of \25,554 was also approved for the Group in and Children (Mr. B. Lenihan): The National March 2002. An application by the Group for Children’s Strategy, Our Children — Their Lives, further staffing grant assistance over three years, was published in November 2000 to bring a better was appraised by the Programme Appraisal Com- focus and greater impact to Government activity mittee (PAC) recently. in relation to children, through stronger leader- The PAC did not recommend to the Secretary ship and co-ordination. The Strategy covers the General that he approve further staffing grant period 2000 to 2010. assistance to the Group under the EOCP, as the An independent mid-term review of progress Group had not met the reporting requirements on implementing the Strategy was carried out by regarding the previous grant assistance allocated. the National Children’s Advisory Council in 2006. The Secretary General concurred with the recom- This review acknowledged that significant pro- mendation of the PAC not to approve additional gress had been made on many aspects of the funding in this instance and the Childcare Direc- Strategy but that a renewed impetus was required torate of my Office informed the Group of this in certain areas. decision. The Office of the Minister for Children (OMC) The Group recently appealed this decision and was established in December 2005 to strengthen the appeal has been forwarded to Pobal, who the structures which facilitate the implementation carry out detailed assessments of all grant appli- of the National Children’s Strategy. The OMC is cations on behalf of the Office of the Minister a cross-cutting Government office located in the 1635 Questions— 15 February 2007. Written Answers 1636

[Mr. B. Lenihan.] Minister for Health and Children (Ms Harney): Department of Health and Children which Operational responsibility for the management focuses on harmonising policy issues that affect and delivery of health and personal social services children. It brings together key staff and functions is a matter for the Health Service Executive and regarding children’s health and well being and funding for all health services has been provided policy functions concerning Youth Justice and as part of its overall vote. Therefore, the Execu- Early Years Education. tive is the appropriate body to consider the part- A key objective for the OMC is to bring about icular question raised by the Deputy. My Depart- more effective implementation of services and ment has requested the Parliamentary Affairs interventions for children at local level through Division of the Executive to arrange to have the cross-departmental and cross-agency working. matter investigated and to have a reply issued directly to the Deputy. Hospital Accommodation. Ambulance Service. 83. Mr. McHugh asked the Minister for Health and Children the number of beds and the bed 86. Mr. McHugh asked the Minister for Health capacity available at a hospital (details supplied) and Children the number of times in 2005 and in County Galway; the number of beds that were 2006 that emergency services were called to at this facility for each of the past five years; the attend road accidents on a road (details supplied) period of closures; the reason for same; and if she in County Galway; and if she will make a state- will make a statement on the matter. [5910/07] ment on the matter. [5913/07] Minister for Health and Children (Ms Harney): Minister for Health and Children (Ms Harney): Operational responsibility for the management Operational responsibility for the management and delivery of health and personal social services and delivery of health and personal social services is a matter for the Health Service Executive and is a matter for the Health Service Executive and funding for all health services has been provided funding for all health services has been provided as part of its overall Vote. Therefore, the Execu- as part of its overall vote. Therefore, the Execu- tive is the appropriate body to consider the part- tive is the appropriate body to consider the part- icular issue raised by the Deputy. My Department icular question raised by the Deputy. My Depart- has requested the Parliamentary Affairs Division ment has requested the Parliamentary Affairs of the Executive to arrange to have the matter Division of the Executive to arrange to have the investigated and to have a reply issued directly to matter investigated and to have a reply issued the Deputy. directly to the Deputy. Health Services. 84. Mr. McHugh asked the Minister for Health and Children the number of beds and the bed 87. Mr. McGuinness asked the Minister for capacity available at a hospital (details supplied) Health and Children if the Health Service Execu- in County Galway; the number of beds that were tive will refer a person (details supplied) in at this facility for each of the past five years; the County Kilkenny to a service for inclusion in a period of closures; the reason for same; and if she long-term health improvement programme; and will make a statement on the matter. [5911/07] if she will make a statement on the matter. [5920/07] Minister for Health and Children (Ms Harney): Operational responsibility for the management Minister of State at the Department of Health and delivery of health and personal social services and Children (Mr. T. O’Malley): The Deputy’s question relates to the management and delivery is a matter for the Health Service Executive and of health and personal social services, which are funding for all health services has been provided the responsibility of the Health Service Executive as part of its overall vote. Therefore, the Execu- under the Health Act 2004. Accordingly, my tive is the appropriate body to consider the part- Department has requested the Parliamentary icular question raised by the Deputy. My Depart- Affairs Division of the Executive to arrange to ment has requested the Parliamentary Affairs have this matter investigated and to have a reply Division of the Executive to arrange to have the issued directly to the Deputy. matter investigated and to have a reply issued directly to the Deputy. 88. Mr. Durkan asked the Minister for Health and Children when a review of eligibility for a 85. Mr. McHugh asked the Minister for Health primary medical certificate will take place in the and Children the number of beds and the bed case of a person (details supplied) in County capacity available at a hospital (details supplied) Kildare; and if she will make a statement on the in County Galway; the number of beds that were matter. [5936/07] at this facility for each of the past five years; the period of closures; the reason for same; and if she Minister of State at the Department of Health will make a statement on the matter. [5912/07] and Children (Mr. T. O’Malley): The Deputy’s 1637 Questions— 15 February 2007. Written Answers 1638 question relates to the management and delivery and operations under the meaning of the relevant of health and personal social services, which are Acts; the reason these individuals are incapable the responsibility of the Health Service Executive of expressing consent; and the counties to which under the Health Act 2004. Accordingly, my all of those moved outside of Dublin who are in Department has requested the Parliamentary need of long-term care have been moved to. Affairs Division of the Executive to arrange to [5951/07] have this matter investigated and to have a reply issued directly to the Deputy. Minister for Health and Children (Ms Harney): Operational responsibility for the management 89. Mr. Durkan asked the Minister for Health and delivery of health and personal social services and Children if an allowance towards travel is was assigned to the Health Service Executive available to a person (details supplied) in County under the Health Act 2004 and funding for all Kildare; and if she will make a statement on the health services has been provided as part of its matter. [5944/07] overall vote. Therefore, the Executive is the appropriate body to consider the particular issue Minister for Health and Children (Ms Harney): raised by the Deputy. My Department has The Deputy’s question relates to the manage- requested the Parliamentary Affairs Division of ment and delivery of health and personal social the Executive to arrange to have the matter services, which are the responsibility of the investigated and to have a reply issued directly to Health Service Executive under the Health Act the Deputy. 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Execu- Harbours and Piers. tive to respond directly to the Deputy in relation 92. Cecilia Keaveney asked the Minister for to the matter raised. Communications, Marine and Natural Resources the position in relation to a project (details Medical Cards. supplied) in County Donegal; and if he will make 90. Ms Shortall asked the Minister for Health a statement on the matter. [5751/07] and Children if a decision has been taken on Minister of State at the Department of improving the qualifying thresholds for medical Communications, Marine and Natural Resources and doctor visit cards; if so, the new thresholds; (Mr. Browne): Following extensive communi- and if she will make a statement on the cations with Donegal County Council, confir- matter. [5950/07] mation was received by the Department that the works being proposed at Buncrana Harbour are Minister for Health and Children (Ms Harney): being constructed solely for the use of the RNLI Since the beginning of 2005 the medical card and are not being constructed for the benefit of assessment guidelines have been increased by a any other party. cumulative 29%. Other significant changes which The current position is that the Department is I have introduced are that applications are now in communication with the Chief State Solicitor’s considered on the basis of income net of tax and office concerning the preparation of an appro- PRSI and that allowance is made for reasonable priate draft lease in respect of the proposed expenses incurred in respect of mortgage/rent, works. childcare and travel to work. In June 2006, I agreed with the Health Service Executive a Telecommunications Services. further adjustment to the assessment guidelines for GP visit cards and these are now 50% higher 93. Mr. Broughan asked the Minister for than those used in respect of medical cards. Communications, Marine and Natural Resources My Department and the HSE are at present if he will designate the digital hub as a location considering whether any further changes to the of best practice for the roll out of metropolitan guidelines are required, having regard to factors area networks under the national development such as changes in income levels generally, the plan; and if so, when he will make this desig- nature of typical household outgoings and also nation; and if he will make a statement on the changes to the various social welfare schemes. matter. [5832/07] Minister for Communications, Marine and Health Services. Natural Resources (Mr. N. Dempsey): The Digi- 91. Dr. Upton asked the Minister for Health tal Hub Development Agency is a Government and Children the number of persons in need of initiative which aims to develop a world class digi- long-term care who have been moved directly tal industry cluster, as well as regenerating an his- from a Dublin hospital (details supplied) to care toric community area in the heart of Dublin by homes outside the county of Dublin during each operating a number of significant community and of the past 12 months; the number of those educational initiatives. moved who are incapable of expressing consent The State made an initial investment in quality or withholding consent to medical procedures telecommunications infrastructure within the 1639 Questions— 15 February 2007. Written Answers 1640

[Mr. N. Dempsey.] themselves. 96.8% of schools have broadband Hub at the projects outset, costing an estimated installed to date. EUR \2.3 million. This infrastructure is fibre based and has high end capacity. It is effectively Natural Gas Grid. a Metropolitan Area Network and has been util- ised by enterprise tenants within the Hub as well 95. Mr. McHugh asked the Minister for as facilitating interactive learning through the Communications, Marine and Natural Resources Agency’s 25 learning initiative programmes. if gas will be supplied to towns (details supplied) in County Galway; if same has been approved; if While there are no immediate plans in place to An Bord Ga´is agreed to the pipeline; when this use the Digital Hub as a location of best practice will happen; the timeframe for same; and if he for the roll out of Metropolitan Area Networks, will make a statement on the matter. [5891/07] officials in my Department are in contact on an on-going basis with the Digital Hub regarding its Minister for Communications, Marine and Metropolitan Area Network, in terms of innov- Natural Resources (Mr. N. Dempsey): Since ative usage and showcasing. 2002, the Commission for Energy Regulation (CER), which is a statutory independent body, 94. Mr. McHugh asked the Minister for has been charged with all aspects of the assess- Communications, Marine and Natural Resources ment and licensing of prospective operators who when broadband will be available to customers in wish to develop and/or operate a gas distribution rural areas of County Galway served by system within the State under the Gas (Interim) exchanges which are not broadband capable; his (Regulation) Act 2002. views on whether the lack of DSL broadband is In 2006, the Commission for Energy Regu- discouraging business and employment in these lation (CER) directed BGE´ to implement a new areas and placing school children and students at Gas Connections Policy, which determines the a disadvantage; and if he will make a statement economic viability of connecting towns to the gas on the matter. [5890/07] network. The new policy allows for the appraisal of a new town either on its own or as part of a Minister for Communications, Marine and regional group of towns. Having regard to this Natural Resources (Mr. N. Dempsey): The pro- new policy, BGE´ carried out a comprehensive vision of telecommunications services, including review of towns being considered for connection broadband, is a matter in the first instance for to the national gas network. The review is being the private sector companies operating in a fully conducted in two phases, and phase 1, which liberalised market, regulated by the independent covers the towns in the proximity of the Mayo- Commission for Communications Regulation Galway Pipeline, has already been completed. (ComReg). The enabling of exchanges to provide Following consideration of this phase of the DSL broadband is a matter for the service review, the CER made the decision to allow Bord providers. Ga´is to extend the natural gas network to eleven The facilitation of broadband coverage across towns along the route of its Mayo-Galway gas the entire country continues to be a key priority. transmission pipeline, including Athenry, I am aware that, despite Government and private Craughwell, Headford and Tuam, and it is envis- investment in broadband, there are areas of the aged that the connection of the eleven towns will country where the private sector is unable to jus- take two to three years to complete. tify the commercial provision of broadband con- Bord Ga´is is continuing its evaluation of the nectivity. Accordingly, I have announced a new viability of extending the gas network elsewhere scheme which will aim to provide a broadband to towns in other parts of the country with a view service to these areas. This scheme will, when it to completing its review by July, 2007. I can is fully rolled out, ensure that all reasonable advise the Deputy that the towns of Gort, Lough- requests for broadband from houses and premises rea and Portumna are being examined as part of in rural areas are met. this second phase of the Bord Ga´is review. Fol- lowing completion of this study, the CER will A Steering Group comprising officials from my consider whether other towns with an economi- Department and ComReg is currently consider- cally viable case may be connected. ing all elements of the proposed scheme and work As regards the methodology employed by on the design of an appropriate tender will com- BGE´ in its review, including its rationale as to mence in the coming weeks. This scheme will be why towns such as Tynagh, Ardrahan, Kinvara confined to areas of the country that are not yet and Kilcolgan were not selected for examination, served by any broadband service provider, cur- I can advise the Deputy that BGE´ has a dedi- rently thought to be 10-15% of the population. cated e-mail address, [email protected], for the Under the joint industry/Government initiat- purpose of dealing with any such queries. ive, which established the Broadband for Schools programme, high speed broadband connectivity is Foreign Conflicts. being provided to all primary and post primary schools in the country at no cost to the schools 96. Mr. F. McGrath asked the Minister for 1641 Questions— 15 February 2007. Written Answers 1642

Foreign Affairs if he will call on the US govern- occasions, the Government has no standing in ment to investigate the terrorist activities of this matter, which is a bilateral consular question groups infiltrated by the five Cuban agents between the US and the Cuban authorities and, known as the Miami Five with a view to ensuring consequently, I do not intend to raise this matter that there will be no further repeat of these ter- with the US Government. rorist activities. [5775/07] With regard to the question of family visits, I am aware from the 2005 Report of the UN Work- 97. Mr. F. McGrath asked the Minister for ing Group on Arbitrary Detention that, as of Foreign Affairs his views on whether the matter October 2005, sixty visas had been issued for vis- of the five Cuban agents is a bilateral issue or its by family members but that visas had not been an internal issue and beyond his competence to granted to the wives of two of the convicted men address; and the reason his predecessor was on the stated grounds of US national security. willing to comment repeatedly and at length on Again, I do not believe that this is a matter on another bilateral or internal issue in relation to which I have any standing and I do not intend, trials in Cuba in 2003. [5776/07] therefore, to raise it with the US authorities. As I have made very clear in my replies to the 98. Mr. F. McGrath asked the Minister for Deputy’s previous Parliamentary Questions on Foreign Affairs his views on all trials in Cuba. the issue of terrorist threats, Ireland, along with [5777/07] our EU partners, condemns all acts of terrorism, regardless of their target or motivation. Terror- 99. Mr. F. McGrath asked the Minister for ism can never be justified by any cause, reason or Foreign Affairs if he feels competent to advise ideology. It places the lives of innocent people the Cuban government on the security measures at risk and undermines tolerance, openness and it should adopt to protect itself in view of the fact respect for fundamental freedoms in society. that he claimed to know nothing in relation to However, as I have also previously stated, I am some of the threats faced by Cuba in his reply of not in a position to comment in any substantive 16 November 2004. [5778/07] way on the issues raised by the Deputy due to the imprecise nature of the allegations. 100. Mr. F. McGrath asked the Minister for As the Deputy is aware, the overriding objec- Foreign Affairs his views on whether he is better tive of Ireland and our EU partners in our placed than the Cuban government to decide the relations with Cuba is to encourage — and not policies that are best for Cuba. [5779/07] to enforce by external coercion — a process of transition to pluralist democracy and respect for 101. Mr. F. McGrath asked the Minister for human rights and fundamental freedoms, as is Foreign Affairs if he will acknowledge the injus- clearly set out in the European Union’s 1996 tice involved in the Miami Five case and call for Common Position on Cuba. The European Union the wives to be allowed to visit their husbands. believes that critical engagement with the Cuban [5780/07] Government, alongside dialogue with wider Cuban civil society, is the most effective way to Minister for Foreign Affairs (Mr. D. Ahern): I promote peaceful change in Cuba. propose to take Questions Nos. 96 to 101, inclus- In June 2003, the European Union took a ive, together. number of diplomatic steps following large-scale As the Deputy is aware, I addressed this matter arrests, summary and arbitrary judicial processes, comprehensively in my reply to Priority Question and the severe prison sentences imposed upon 75 Number 3 of 8 February 2007 and to subsequent dissidents for the exercise of the right to freedom supplementary questions. The case to which he of speech and participation in public affairs, as refers in Questions 96, 97 and 101 relates to five well as the summary trial and rapid execution of Cuban citizens who were convicted in the US in three ferry-boat hijackers in breach of minimum 2001 on charges ranging from espionage to first standards for the administration of the death degree murder. A panel of three judges from the penalty. 11th Circuit Court of Appeals in Atlanta over- In July 2003, the General Affairs and External turned the 2001 convictions on 9th August 2005 Relations Council noted a serious deterioration and ordered a retrial based on new evidence. The in the human rights situation in Cuba. The Miami District Attorney duly filed an appeal Council, nonetheless, reaffirmed the validity of against the decision of the 11th Circuit Court of the policy of constructive engagement with Cuba, Appeals. Following an appellate hearing on 14 as provided for in the 1996 Common Position, as February 2006, a 10-2 decision to uphold the 2001 the basis of EU policy towards that country. convictions was issued on 9 August 2006. The validity of the 1996 Common Position was It is my understanding that a number of most recently reaffirmed by the General Affairs appeals lodged on behalf of the defendants and External Relations Council on 12 June 2006. remain under active judicial review within the The European Union has emphasised its willing- framework of the US domestic legal system. As I ness to cooperate with Cuba on the basis of a have previously informed the Deputy on several dialogue with the Cuban Government and Cuban 1643 Questions— 15 February 2007. Written Answers 1644

[Mr. D. Ahern.] allocations for the programme as soon as possible civil society, as soon as the Cuban Government after the assessment process has been completed. shows the political will to engage in a dialogue aiming at tangible results, especially in the field Swimming Pool Projects. of human rights and political freedom, the restric- tion of which remains a matter of deep concern. 104. Mr. McHugh asked the Minister for Arts, In this regard, I would again urge the Cuban Sport and Tourism the position in relation to the Government to release all prisoners of conscience application for grant aid for a project (details and to respect internationally acknowledged prin- supplied) in Co. Galway; if his Department has ciples and practices, including in respect of completed its examination of the legal aspects judicial process. referred to in his reply of 27 September 2006; the outcome of the examination; when approval will Sports Capital Programme. be given for this project to proceed; and if he will make a statement on the matter. [5889/07] 102. Mr. Connaughton asked the Minister for Arts, Sport and Tourism the position regarding Minister for Arts, Sport and Tourism (Mr. an application by a centre (details supplied) in O’Donoghue): In 2004, Galway County Council County Galway for funding under the rec- submitted a tender to my Department seeking reational facilities scheme; and if he will make a grant aid under the Local Authority Swimming statement on the matter. [5837/07] Pool Programme for a project promoted by a private sector interest to construct a leisure Minister for Arts, Sport and Tourism (Mr. centre, including a swimming pool, on a council O’Donoghue): The sports capital programme, site different to that initially recommended in a which is administered by my Department, allo- Feasibility Report prepared by the Council in cates funding to sporting and community organis- 1999. The formal procedures under the prog- ations at local, regional and national level ramme, which would have been known to the throughout the country. The programme is adver- Council, are that Ministerial approval is required tised on an annual basis. at each of the Preliminary and Contract Docu- Applications for funding under the 2007 prog- ment stages, before tenders are invited for a pro- ramme were invited through advertisements in ject. Notwithstanding the fact that Galway the Press on October 15th and 16th last. The clos- ing date for receipt of applications was November County Council pursued an alternative approach 24th 2006. All applications received before the to the procurement of the facility, my Depart- deadline, including one from the organisation in ment indicated to the County Council that it question, are currently being evaluated against would be prepared to examine a detailed pro- the programme’s assessment criteria, which are posal on its merits. My Department’s main con- outlined in the guidelines, terms and conditions cern in such cases is to ensure that the normal of the programme. I intend to announce the grant characteristics of a public swimming pool, such as allocations for the programme as soon as possible public access and social inclusion considerations after the assessment process has been completed. are adequately catered for. Since then, Galway County Council has been 103. Mr. Naughten asked the Minister for Arts, in contact with my Department which resulted in Sport and Tourism if he will approve funding for a proposal being made by the Council in June a project (details supplied) under the sports capi- 2006. Given the need to protect the State’s tal programme; and if he will make a statement interest arising from any grant aid awarded under on the matter. [5858/07] the programme, my Department had certain legal aspects involved examined by the Chief State Sol- Minister for Arts, Sport and Tourism (Mr. icitor’s office. Arising from that examination and O’Donoghue): The sports capital programme, in order to progress the matter further, Depart- which is administered by my Department, allo- ment Officials met with Galway County Council cates funding to sporting and community organis- in November 2006 and proposals which emerged ations at local, regional and national level from that meeting are the subject of ongoing throughout the country. The programme is adver- negotiations between the Council and the pro- tised on an annual basis. moter and the Council and the Department. The Applications for funding under the 2007 prog- Department is awaiting a reply for the Council to ramme were invited through advertisements in a recent letter. the Press on October 15th and 16th last. The clos- ing date for receipt of applications was November National Lottery Funding. 24th 2006. All applications received before the deadline, including one from the organisation in 105. Mr. Durkan asked the Minister for Arts, question, are currently being evaluated against Sport and Tourism the amount awarded or spent the programme’s assessment criteria, which are by his Department for various projects through- outlined in the guidelines, terms and conditions out the country from the proceeds of the national of the programme. I intend to announce the grant lottery in 2006; the extent to which he expects to 1645 Questions— 15 February 2007. Written Answers 1646 allocate such grant aid in 2007; and if he will cations; and if he will make a statement on the make a statement on the matter. [5925/07] matter. [5928/07]

Minister for Arts, Sport and Tourism (Mr. Minister for Arts, Sport and Tourism (Mr. O’Donoghue): The sports capital programme, O’Donoghue): The sports capital programme, which is national lottery funded and is adminis- which is administered by my Department, allo- tered by my Department, is the primary means of cates funding to sporting and community organis- providing funding to sporting clubs and organis- ations at local, regional and national level ation and to voluntary and community organis- throughout the country. The programme is adver- ations towards the provision of sporting facilities tised on an annual basis. at local, regional and national level throughout Applications for funding under the 2007 prog- the country. The programme is advertised on an ramme were invited through advertisements in annual basis. the Press on October 15th and 16th last. The clos- In 2006 I allocated a total of \91.84 million to ing date for receipt of applications was November 859 sports capital projects at national, regional 24th 2006. All applications received before the and local level throughout the country. deadline, including the 38 submitted from organ- The 2007 sports capital programme was adver- isations in County Kildare, are currently being tised in the Press on October 15th and 16th last. evaluated against the programme’s assessment The closing date for receipt of applications was criteria, which are outlined in the guidelines, November 24th 2006. All applications received terms and conditions of the programme. I intend before the deadline are currently being evaluated to announce the grant allocations for the prog- against the programme’s assessment criteria, ramme as soon as possible after the assessment which are outlined in the guidelines, terms and process has been completed. conditions of the programme. I intend to announce the grant allocations for the prog- Decentralisation Programme. ramme as soon as possible after the assessment process has been completed. 109. Mr. Durkan asked the Minister for Arts, I will decide on the level of provisional grant Sport and Tourism the full extent of his Depart- allocations to be made this year having regard ment’s decentralisation programme to date; and both to the quality of the applications received if he will make a statement on the matter. under the 2007 programme and the pattern of [5929/07] grant allocations and drawdowns on foot of earl- Minister for Arts, Sport and Tourism (Mr. ier years’ approvals. O’Donoghue): As the Deputy is aware, my Question No. 106 answered with Question Department was designated by the Decentralis- No. 38. ation Implementation Group as one of the “early mover” Departments. The tender process for the permanent building was completed some time Tourism Promotion. ago and OPW selected the preferred bidder — PJ 107. Mr. Durkan asked the Minister for Arts, Hegarty & Sons. Planning permission has been Sport and Tourism the extent to which he will granted. I am advised by OPW that construction offer assistance towards community based tour- of the new building is expected to commence ism promotion groups; and if he will make a state- shortly and the anticipated completion date is ment on the matter. [5927/07] early to mid 2008. In the meantime, an advance group of 44 staff Minister for Arts, Sport and Tourism (Mr. relocated to temporary accommodation at Fossa, O’Donoghue): My Department does not disburse Killarney in September 2006. To date, a total of any grants or supports directly to any tourism 55 staff have transferred in to the Department in groups. All its tourism promotion funding is order to decentralise to Killarney and my Depart- channelled to the Tourism Agencies — Fa´ilte ment is now planning to transfer a further 25 staff Ireland, Tourism Ireland and Shannon to Fossa during the summer. The temporary Development. premises are capable of accommodating up to 70 Community-based tourist promotion groups, staff. which are interested in pursuing the issue of sup- port, should contact the relevant Fa´ilte Ireland Question No. 110 answered with Question regional structure, Shannon Development or No. 38. Dublin Tourism as appropriate. Question No. 111 answered with Question Sport and Recreational Development. No. 27. 108. Mr. Durkan asked the Minister for Arts, Stadium Projects. Sport and Tourism the number of applications for grant aid for the development of sporting and rec- 112. Mr. Durkan asked the Minister for Arts, reational facilities in County Kildare in respect of Sport and Tourism the position in regard to the 2007; when he expects to respond to such appli- development of the national stadium at 1647 Questions— 15 February 2007. Written Answers 1648

[Mr. Durkan.] 118. Mr. McHugh asked the Minister for Abbotstown; the costs to date; and if he will make Enterprise, Trade and Employment the number a statement on the matter. [5933/07] of visits to a town (details supplied) in County Galway arranged by the IDA for potential Minister for Arts, Sport and Tourism (Mr. foreign direct investors, industrial developers or O’Donoghue): There is no proposal to develop a potential locating multinationals in the year 2006; national Stadium at Abbotstown since, with com- the level of priority for investment purposes given pletion of the redeveloped Lansdowne Road to the town by comparison with other towns in Stadium and the redeveloped Croke Park the County Galway; and if he will make a statement stadium needs of the three main field sports for on the matter. [5897/07] major sports events, at national and international level, will have been catered for. 119. Mr. McHugh asked the Minister for Enterprise, Trade and Employment the number Question No. 113 answered with Question of visits to a town (details supplied) in County No. 34. Galway arranged by the IDA for potential foreign direct investors, industrial developers or Work Permits. potential locating multinationals in the year 2006; 114. Mr. Wall asked the Minister for the level of priority for investment purposes given Enterprise, Trade and Employment the protec- to the town by comparison with other towns in tion there is for applicants with work permits County Galway; and if he will make a statement where their employers submit their applications on the matter. [5898/07] for renewal of the permit late thus depriving an applicant of continuity in regard to an application 120. Mr. McHugh asked the Minister for for naturalisation or citizenship; and if he will Enterprise, Trade and Employment the number make a statement on the matter. [5826/07] of visits to a town (details supplied) in County Galway arranged by the IDA for potential Minister for Enterprise, Trade and Employ- foreign direct investors, industrial developers or ment (Mr. Martin): Applications for Work Per- potential locating multinationals in the year 2006; mits are issued in accordance with the Employ- the level of priority for investment purposes given ment Permits Act 2006 and are processed in order to the town by comparison with other towns in of receipt. I have no role or responsibility in County Galway; and if he will make a statement relation to matters of naturalisation or citizen- on the matter. [5899/07] ship. These are matters for my colleague the Minister for Justice Equality and Law Reform. 121. Mr. McHugh asked the Minister for Enterprise, Trade and Employment the number Industrial Development. of visits to a town (details supplied) in County 115. Mr. McHugh asked the Minister for Galway arranged by the IDA for potential Enterprise, Trade and Employment the lands foreign direct investors, industrial developers or owned by the IDA for industrial or commercial potential locating multinationals in the year 2006; purposes in locations (details supplied); and if he the level of priority for investment purposes given will make a statement on the matter. [5894/07] to the town by comparison with other towns in County Galway; and if he will make a statement 116. Mr. McHugh asked the Minister for on the matter. [5900/07] Enterprise, Trade and Employment the number of visits to a town (details supplied) in County 122. Mr. McHugh asked the Minister for Galway arranged by the IDA for potential Enterprise, Trade and Employment the number foreign direct investors, industrial developers or of visits to a town (details supplied) in County potential locating multinationals in the year 2006; Galway arranged by the IDA for potential the level of priority for investment purposes given foreign direct investors, industrial developers or to the town by comparison with other towns in potential locating multinationals in the year since County Galway; and if he will make a statement 2006; the level of priority for investment purposes on the matter. [5895/07] given to the town by comparison with other towns in County Galway; and if he will make a state- 117. Mr. McHugh asked the Minister for ment on the matter. [5901/07] Enterprise, Trade and Employment the number of visits to a town (details supplied) in County 123. Mr. McHugh asked the Minister for Galway arranged by the IDA for potential Enterprise, Trade and Employment the number foreign direct investors, industrial developers or of visits to a town (details supplied) in County potential locating multinationals in the year 2007; Galway arranged by the IDA for potential the level of priority for investment purposes given foreign direct investors, industrial developers or to the town by comparison with other towns in potential locating multinationals in the year 2006; County Galway; and if he will make a statement the level of priority for investment purposes given on the matter. [5896/07] to the town by comparison with other towns in 1649 Questions— 15 February 2007. Written Answers 1650

County Galway; and if he will make a statement National Development Plan provide a framework on the matter. [5902/07] for the achievement of this goal through the prioritization of development and investment in 124. Mr. McHugh asked the Minister for the Gateway and Hub locations. On this basis, Enterprise, Trade and Employment the number IDA Ireland seeks to attract FDI into the Gate- of visits to a town (details supplied) in County way and Hubs, as well as a small number of Galway arranged by the IDA for potential additional locations, throughout the West, i.e. foreign direct investors, industrial developers or Galway, Tuam, the linked Hubs of Ballina and potential locating multinationals in the year 2006; Castlebar, as well as Ballinasloe and Westport. the level of priority for investment purposes given In line with the NSS, the Agency is investing to the town by comparison with other towns in significantly in the provision of planned and County Galway; and if he will make a statement focussed property solutions tailored to specific on the matter. [5903/07] sectoral targets. IDA Ireland’s sectoral emphasis is on attracting new knowledge intensive projects 125. Mr. McHugh asked the Minister for in Medical Technologies, Life Sciences, Infor- Enterprise, Trade and Employment the number mation Communications and Technology and of visits to a town (details supplied) in County International Services. Two new Business and Galway arranged by the IDA for potential Technology parks have been developed in Tuam foreign direct investors, industrial developers or and in Ballinasloe. potential locating multinationals in the year 2006; Despite increasing competition, Galway the level of priority for investment purposes given County and City continues to be very successful to the town by comparison with other towns in in winning new FDI. IDA supported companies County Galway; and if he will make a statement are showing very strong employment numbers in on the matter. [5904/07] the County, now accounting for 9,923 permanent jobs. 126. Mr. McHugh asked the Minister for IDA Ireland continues to work actively with Enterprise, Trade and Employment the number the existing base of overseas companies across of visits to a town (details supplied) in County the County to encourage them to grow and Galway arranged by the IDA for potential expand. In addition the Agency is working with foreign direct investors, industrial developers or local groups, utility providers and other organis- potential locating multinationals in the year 2006; ations to ensure that the County secures the the level of priority for investment purposes given appropriate infrastructure to enable the existing to the town by comparison with other towns in companies to grow and develop and to make the County Galway; and if he will make a statement relevant locations sufficiently attractive for new on the matter. [5905/07] projects.

Minister for Enterprise, Trade and Employ- Table showing IDA Land holdings ment (Mr. Martin): I propose to take Questions Nos. 115 to 126, inclusive, together. Town Available Hectares IDA Ireland is the agency with statutory responsibility for the attraction of foreign direct Athenry 0.3780 investment (FDI) to Ireland and its regions. The Ballinasloe 11.6615 marketing of individual areas for new or expan- sion FDI investments and jobs is a day-to-day Glenamaddy 0.9105 operational matter for the Agency. While I may Gort 0.6006 give general policy directives to the Agency, I am Loughrea 1.9220 precluded under the Industrial Development Mountbellew 3.4398 Acts from giving directives regarding individual Tuam 14.2293 undertakings or from giving preference to one area over others. IDA Ireland has informed me that it owns a total of 33.14 hectares of land in seven of the Social Welfare Benefits. towns in question. The tabular statement below 127. Mr. Wall asked the Minister for Social and shows the location and size of each of these hold- Family Affairs if a person (details supplied) in ings. IDA Ireland has no land holdings in County Kildare is in receipt of all of their entitle- Craughwell, Headford, Kinvara, or Portumna. ments; and if he will make a statement on the During 2006 IDA hosted a total of three site matter. [5748/07] visits by potential investors to two of the towns referred to in the above questions — two visits Minister for Social and Family Affairs (Mr. were to Tuam and one visit was to Loughrea. Brennan): The supplementary allowance (SWA) A central goal for IDA Ireland is the achieve- scheme is administered on my behalf by the Com- ment of balanced regional development. The munity Welfare division of the Health Service National Spatial Strategy (NSS) and the new Executive (HSE). 1651 Questions— 15 February 2007. Written Answers 1652

[Mr. Brennan.] than if he or she were claiming other social wel- The Executive has advised that it has refused fare payments. payment of qualified adult allowance and quali- There are currently 22,009 people in receipt of fied child allowance (formerly child dependant a weekly FIS payment. My Department has allowance) to the husband in this case. The received 13,591 new claims in 2006 compared Executive has further advised that this decision with 7,781 in 2005. has been appealed to the Executive’s Appeals The financial provision for FIS in 2007, which Office who will inform the person directly of its will take account of the most up-to-date infor- decision in due course. mation on recipient numbers as well as the improvements announced in the Budget, will be Pension Provisions. published in the Revised Estimates Volume next week. 128. Mr. Stanton asked the Minister for Social and Family Affairs his progress on the production 131. Mr. Stanton asked the Minister for Social of a Green Paper on pensions; when he expects and Family Affairs the number of family income to publish same; and if he will make a statement supplement recipients who received the back to on the matter. [5873/07] school clothing and footwear allowance in 2006; and if he will make a statement on the matter. Minister for Social and Family Affairs (Mr. [5877/07] Brennan): The Government is committed to pro- ducing a Green Paper on pensions as part of the 132. Mr. Stanton asked the Minister for Social social partnership agreement Towards 2016. The and Family Affairs the number of families eligible Green Paper will outline the major policy choices for the back to school clothing and footwear and the challenges we face in the pensions area. allowance who did not apply for and receive the The two reports completed by the Pensions payment in 2006; the percentage take-up rate of Board in 2006 — the National Pensions Review the payment; and if he will make a statement on and their report on mandatory pensions, Special the matter. [5878/07] Savings for Retirement are major inputs to the Green Paper. Minister for Social and Family Affairs (Mr. I expect that the Green Paper will be finalised Brennan): I propose to take Questions Nos. 131 by the end of March 2007 and published there- and 132 together. after. A consultation process will then take place The back to school clothing and footwear and the Government will publish a framework for allowance scheme (BSCFA) operates from the future pensions policy on foot of this. beginning of June to the end of September each year and is administered on behalf of my Depart- Social Welfare Benefits. ment by the Community Welfare division of the Health Service Executive (HSE). Applications 129. Mr. Stanton asked the Minister for Social for the allowance may be made between the and Family Affairs further to Parliamentary beginning of June and the end of September each Question No. 189 of 31 January 2007; the weekly year. Some 84,800 families with approximately cost of all family income supplement payments; 172,000 children benefited from the scheme in the average weekly payment; the expenditure on 2006 at a cost of \25.4m. This is an increase on FIS in 2006; and if he will make a statement on the 2005 figures when some 76,166 families with the matter. [5875/07] 157,254 children benefited at a cost of \16.7m. Some 90% of all applications received in 2006 130. Mr. Stanton asked the Minister for Social were successful. Some 19,323 applications were and Family Affairs the estimated cost to his refused in 2006. Department in 2007 of the family income sup- Statistics are not available on the numbers of plement; and if he will make a statement on the people who could qualify for, but do not apply matter. [5876/07] for, back to school clothing and footwear allow- ance. There were some 20,000 people in receipt Minister for Social and Family Affairs (Mr. of FIS last year when the back to school clothing Brennan): I propose to take Questions Nos. 129 and footwear scheme was in operation. The and 130 together. Department’s records show that almost 4,000 of The total cost of family income supplement these applied for and were awarded back to payments is approximately \2.75 million per school clothing and footwear allowance. As FIS week at present. The average weekly payment is is payable in conjunction with one-parent family \125. Total expenditure in 2006 was \107 million. payment (OFP) and other payments, FIS recipi- The Family Income Supplement is designed to ents will also have received back to school cloth- provide cash support for employees on low earn- ing and footwear allowance as OPF recipients. ings with families. This preserves the incentive to remain in employment in circumstances where 133. Mr. Stanton asked the Minister for Social the employee might only be marginally better off and Family Affairs the number of child depend- 1653 Questions— 15 February 2007. Written Answers 1654 ant allowances currently being paid by his Minister for Transport (Mr. Cullen): The Irish Department; the number of families currently in Aviation Authority was established under the receipt of CDA; and if he will make a statement Irish Aviation Authority Act, 1993 with responsi- on the matter. [5879/07] bility for the safety regulation of the Irish aviation industry and the provision of Air Traffic Manage- Minister for Social and Family Affairs (Mr. ment services in Irish airspace. The Authority Brennan): At the end of December 2006, there exercises its safety regulation functions and were child dependant increases payable at the full service provision functions in accordance with the rate in respect of 258,812 children and at half rate norms of international standards and procedures, in respect of 82,554 children. The current esti- both European, i.e. EASA (European Aviation mated number of families in receipt of child Safety Agency), JAA (Joint Aviation dependant increases is 213,406. Authorities), Eurocontrol, and global, ICAO (the International Civil Aviation Authority). It is, fur- Decentralisation Programme. thermore, the competent authority for purposes 134. Mr. McHugh asked the Minister for Trans- of the EU EASA Regulations. port the progress made in relation to decentralis- The question of resources within the Authority ation (details supplied) in County Galway; the is entirely a matter for the Board. The Authority number of people seeking transfer; the site of the has advised me that its workforce in the safety new offices; the progress being made on provision regulation area has been reinforced in the oper- of a building; the completion date for the new ations and airworthiness areas to take account of building; and the date on which the transfer will growth in the aviation industry. be complete. [5908/07] My responsibility in relation to the safety func- tions of the Authority arises under Section 32 of Minister for Transport (Mr. Cullen): The the 1993 Act, which requires me periodically, to decentralization of the National Roads Authority commission an examination of the performance (NRA) has not been identified by the Decentral- by the company of its functions insofar as they ization Implementation Group as an early mover. relate to the application and enforcement of tech- 90 posts have been identified for decentralization nical and safety standards in relation to aircraft and the NRA has 66 external applicants and 1 and air navigation. The most recent examination internal applicant. Implementation issues, includ- took place in 2004 and concluded that there is a ing the identification of accommodation are being general, positive and proactive attitude and com- pursued, by the Agency itself and the OPW is petence vis-a`-vis safety and the maintenance of a actively seeking potential sites in Ballinasloe. high safety level. It is my intention to commission a further examination this year in accordance 135. Mr. McHugh asked the Minister for Trans- with the provisions of Section 32. port the progress made in relation to decentralis- The Authority has also recently being subject ation (details supplied); the number of people to external review by EASA and the JAA (Joint seeking transfer; the site of the new offices; the Aviation Authorities) and I understand that these progress being made on provision of a building; audits concluded that the Irish Aviation Auth- the completion date for the new building; and the ority is performing its functions satisfactorily and date on which the transfer will be complete. is appropriately resourced for its task. [5909/07] 137. Ms O. Mitchell asked the Minister for Minister for Transport (Mr. Cullen): Work is Transport the number of inspections carried out well advanced on this move to Loughrea in per annum by the Irish Aviation Authority; his respect of both Departmental and Road Safety views on the increased number of safety incidents Authority staff. 50 posts have been identified for which have occurred in the industry here in decentralization. There are 18 internal Depart- recent months; if he discussed the matter with the ment applicants and 72 external applicants from IAA; if he has sought improvements in safety other Departments and agencies. The address of standards within the industry; and if he will make the new offices is Clonfert House, Bride Street, a statement on the matter. [5821/07] Loughrea, Co. Galway. The building was formally handed-over to the Office of Public Works this Minister for Transport (Mr. Cullen): The Irish month and the transfer of staff is expected to be Aviation Authority Act, 1993 established the completed by end of quarter three 2007. Irish Aviation Authority and among the primary functions conferred on it under the Act is safety Air Services. regulation of the Irish aviation industry. The 136. Ms O. Mitchell asked the Minister for Authority exercises its safety regulation functions Transport if he is satisfied that adequate in accordance with international standards set at resources are available to the Irish Aviation both European level by the European Aviation Authority to provide the appropriate level and Safety Agency (EASA) and the Joint Aviation quality of oversight of Irish aviation; and if he will Authorities (JAA) and globally by the Inter- make a statement on the matter. [5750/07] national Civil Aviation Authority (ICAO). To 1655 Questions— 15 February 2007. Written Answers 1656

[Mr. Cullen.] identified broad industry deficiencies. Reports of that end a total of 900 hundred plus inspections accidents and incidents investigated by the were conducted in 2006 as part of an integrated AAIU, including any safety recommendations audit programme of flight operations and main- made and responded to are publicly available and tenance in Irish Aviation. are published on my Department’s AAIU web- As Minister for Transport my responsibility in site, www.aaiu.ie. relation to the safety functions of the Irish Aviation Authority arises under Section 32 of the Public Transport. 1993 Act, which requires me periodically, to com- 138. Ms O. Mitchell asked the Minister for mission an examination of the performance by Transport the public transport services that serve the company of its functions insofar as they relate Ballaghdereen town; if there is a bus service from to the application and enforcement of technical the town connecting with the Mayo rail service; if and safety standards in relation to aircraft and air not, the reason such a service has been with- navigation. The most recent examination took drawn; and if he will make a statement on the place in 2004 and concluded that there is a matter. [5828/07] general, positive and proactive attitude and com- petence vis-a`-vis safety and the maintenance of a Minister for Transport (Mr. Cullen): The pro- high safety level in the organisation. It is my vision of public bus services by private bus oper- intention to commission a further examination ators or Bus E´ ireann on specific routes to serve this year in accordance with the provisions of particular towns is a day-to-day operational Section 32. matter for the companies themselves. The Air Accident Investigation Unit (AAIU) The table below gives details of the current Bus in my Department investigates accidents and inci- Eireann services notified to my Department and dents on a case-by-case basis. None of the AAIU the private operator who is licensed for services investigations and reports on recent Public to and from Ballaghdereen. Also shown are the Scheduled Transport category occurrences have services that connect to rail services.

Service Route Rail link

BE 22 Dublin — Mullingar — Longford — Ballina Longford Rail Station BE 75 Ballina — Longford — Athlone Longford Rail Station BE 429 Galway — Tuam — Castlerea Tuam Rail Station BE 451 Ballina — Charlestown — Longford Longford Rail Station BE 460 Sligo — Castlerea — APL 95075 — Andrew Treacy Ballina — Athlone RTC (Student service) —

Road Safety. I expect to receive the 2005 Report from the Road Safety Authority shortly and I will lay it 139. Mr. McHugh asked the Minister for Trans- before the Houses as soon as possible thereafter. port the number of road traffic accidents that I do not hold any specific information on the were recorded on a road (details supplied) in number of accidents recorded on any particular County Galway in 2005 and 2006; and if he will stretch of road for any specific period. This infor- make a statement on the matter. [5915/07] mation may be available directly from the Gardaı´.

Minister for Transport (Mr. Cullen): Statistics Architectural Heritage. relating to road accidents are based on infor- mation provided by the Garda Sı´ocha´na. They 140. Mr. N. O’Keeffe asked the Minister for are published by the National Roads Authority Community, Rural and Gaeltacht Affairs the (NRA) in their annual Road Accident Facts grant aid available to a person (details supplied) reports. The most recent report, now entitled in County Cork to carry out works to their shop “Road Collision Facts”, relates to 2004 and is front which has a heritage status; and if he will available in the Oireachtas Library and on the make a statement on the matter. [5811/07] NRA website. Responsibilities for the collection of structured Minister for Community, Rural and Gaeltacht information on road safety, including the publi- Affairs (E´ amon O´ Cuı´v): Funding for such pro- cation of the annual Road Collision Facts Report, jects is available under the LEADER prog- now lies with the newly established Road Safety rammes. Although all funding under the current Authority. I understand that the statistics relating round of LEADER programmes has now been to 2005 are currently being analysed and auth- committed to projects, funding will be available enticated in preparation for publication. The under the new Rural Development Programme statistics relating to 2006 are still being compiled. which is expected to start in the coming months. 1657 Questions— 15 February 2007. Written Answers 1658

Community Development. duction. Over the intervening years, the remit of the Unit has been expanded to assist in the imple- 141. Mr. Connaughton asked the Minister for mentation of various schemes and in particular to Community, Rural and Gaeltacht Affairs if his investigate breaches of legislation governing ani- attention has been drawn to an application by a mal disease control, identification and smuggling, centre (details supplied)in County Galway for animal medication, etc. funding under CLA´ R as a top up to funding Staffing in the Unit has expanded over the received from the GRD; if his attention has been years to reflect its extended role and its dedicated drawn to the fact that the community centre is in staffing currently stands at 14. In addition, there dire need of a massive refurbishment; if his atten- are 13 staff in the Unit who deal with identifi- tion has been further drawn to the fact that it is cation and traceability aspects and, where neces- a building that is used every day and night of the sary, the Unit can be expanded by resources from year by the community in the area; and if he will other areas of the Department, including District make a statement on the matter. [5838/07] Veterinary Offices. I am satisfied that the staffing Minister for Community, Rural and Gaeltacht levels available are adequate and I do not pro- pose to assign extra resources to the Unit at this Affairs (E´ amon O´ Cuı´v): Community-based pro- jects attracting less than 50% public funding time. under LEADER may qualify for CLA´ R top-up The work of the Unit involves regular inspec- funding, subject to certain conditions. Appli- tions, monitoring, investigations and follow up cations for funding are made to the local work including preparation of cases for pros- LEADER Group. Enquiries have been made ecutions and attendance at court. Following are with GRD but, to date, no application has been details of the number of formal investigations forwarded to my Department. initiated by the Unit over the past 3 years:

Year Number Grant Payments. 142. Mr. Deenihan asked the Minister for Agri- 200 76 culture and Food when a single farm payment for 2005 80 2006 will be made available to a person (details 2006 78 supplied) in County Kerry. [5745/07]

Minister for Agriculture and Food (Mary With regard to illegal substances, extensive moni- Coughlan): The position is that an application for toring carried out by my Department on farms the Transfer of Entitlements under the Single and at slaughtering plants indicates strongly that Payment Scheme to the person named was sub- use of such substances is a not a current feature mitted on the 30th November 2006. The appli- of Irish farming as evidenced by the absence of cation was accepted even though the closing date any confirmed positives out of over 21,000 for receipt of completed applications to transfer samples tested for such substances over the last 3 entitlements was the 16th May 2006. years. This positive situation is due in no small During processing of the Transfer application, way to the consistent work of the SIU since its it was necessary for an official of my Department inception, whose investigations led to 250 persons to request specific documentation relating to the being convicted of various offences under animal application. The requested information was remedies legislation since 1996, resulting in 72 received and the application is now fully pro- persons receiving custodial sentences and fines of cessed. Payment in respect of \46.17 standard c. \950,000 being imposed. entitlements, transferred by way inheritance, will While the reducing trend of prosecutions in issue shortly. more recent years also reflects a greater culture of compliance resulting from enforcement activity Veterinary Inspection Service. in earlier years, my Department continues to be 143. Ms Shortall asked the Minister for Agri- extremely vigilant in this area. I might also state culture and Food the number of veterinary that my Department works closely with other inspectors in her Department’s special investi- national agencies, such as the Garda Sı´ocha´na gation units; the inspection levels carried out by and Customs, as well as with equivalent agencies this unit over recent years; and her plans to elsewhere in the EU, as part of its monitoring of provide extra resources to this unit in view of the this area. In addition, the laboratory services at concern over the amount of undetected illegal the disposal of my Department work within a substances being used on animals here. [5762/07] coordinated structure at EU level to ensure that analytical capability is kept up to date with Minister for Agriculture and Food (Mary ongoing developments. Coughlan): The Special Investigation Unit (SIU) was established in the late 1980s to deal with Animal Welfare. serious problems relating to use of illegal sub- 144. Ms Shortall asked the Minister for Agri- stances (hormones, angel dust etc.) in animal pro- culture and Food if animal cruelty legislation 1659 Questions— 15 February 2007. Written Answers 1660

[Ms Shortall.] including the detailed conditions and application applies to the act of prescribing harmful sub- procedures, will be published by my Department stances to race animals; the penalties that apply; once the Regulations have been amended. and the number of prosecutions taken for such an act in recent years. [5763/07] 146. Mr. Naughten asked the Minister for Agri- culture and Food the number of farm inspections Minister for Agriculture and Food (Mary carried out to date to inspect compliance with the Coughlan): The Protection of Animals Acts 1911 nitrates directive; the number of farmers who and 1965 are the principal statutes governing the were found not to be in compliance; the penalties welfare of animals, including race animals, in this enforced on the latter; and if she will make a country. The responsibility for pursuing com- statement on the matter. [5765/07] plaints of cruelty under that legislation rests with An Garda Sı´ocha´na. On receipt of such a com- Minister for Agriculture and Food (Mary plaint, the Gardaı´ have a statutory basis on which Coughlan): The rate of on-farm inspection to investigate and bring a prosecution against any required for cross-compliance is 1% of those person alleged to have committed an act of farmers to whom certain Statutory Management cruelty against an animal. In view of this, my Requirements (including the Nitrates Directive) Department does not have details of prosecutions or GAEC apply. In 2006 this resulted in some taken under this legislation. 1350 Cross Compliance inspections under the The Animal Remedies Regulations 2005 regu- Nitrates SMR. late the act of prescribing by veterinary prac- The EU Regulations governing cross-com- titioners of veterinary medicines. As a general pliance penalties provide that where the non- principle, under this legislation, a veterinary prac- compliance results from negligence of the farmer titioner may only prescribe for any animal a the reduction shall normally be 3% but this may medicine which, following evaluation to ensure its be reduced to 1% or increased to 5% depending quality safety and effectiveness, has been licensed on the extent, severity and permanence of the for the species and condition in question. non-compliance found. Similarly, where the non- However, as an exception to this general principle compliance is deemed intentional the reduction and in order solely to avoid unacceptable suffer- shall normally be 20% but this may be reduced ing in an animal, a veterinary practitioner, based to 15% or increased to 100% depending on the on his or her professional judgement, is enabled extent, severity and permanence of the non-com- to prescribe, within certain defined limits, prod- pliance found. ucts authorised for other species and other In each case the applicant has the right to have conditions. any decision reviewed by my Department. The However, of its nature, this latter provision review is carried out by an officer other than the could not legitimately be used as a basis for person who carried out the original inspection. prescribing a product which would be harmful to Where the applicant is not satisfied with the the animal or to the consumer and any person result of the review he/she has the right to have breaching this provision would be liable to the the case referred to the Independent Agricultural penalties provided for in the legislation (up to Appeals Office. \5,000 and/or 1 years imprisonment on summary Breaches of the Nitrates Directive were found conviction or \350,000 and/or 10 years imprison- during 300 of these inspections. In 78 cases the ment on conviction on indictment). breach was deemed inadvertent, minor in nature, did not result from negligence of the farmer and EU Directives. was capable of occurring in practical farming situations. In these cases the tolerance regime 145. Mr. Naughten asked the Minister for Agri- operated by my Department was applied and the culture and Food the process involved for a farmers in question did not suffer any financial farmer seeking a derogation under the nitrates penalty. Of the remaining 222, 90 farmers directive; and if she will make a statement on the received a 1% penalty, 54 farmers received a 3% matter. [5764/07] penalty, 74 farmers received a 5% penalty, and 4 farmers received a 15% penalty. Minister for Agriculture and Food (Mary Coughlan): Although Ireland’s application for a Departmental Expenditure. derogation has been approved by the EU Nitrates Committee, the European Commission has not 147. Mr. S. Ryan asked the Minister for Agri- yet issued its formal decision. Until it does so, culture and Food the amount of expenditure on the Minister for the Environment, Heritage and outsourcing by her Department in 2003, 2004 and Local Government cannot make the necessary 2005; the numbers of outsourcing contracts amendments to the Regulations. However, my initiated by her Department in these years; and officials are actively making preparations to the steps which have been taken to reduce the implement the derogation; and full information, expenditure on outsourcing and the reliance on 1661 Questions— 15 February 2007. Written Answers 1662 outsourcing by her Department in these years that regard. The position regarding that dispute and for the future. [5786/07] was outlined by my colleague the Minister for Labour Affairs, Mr Tony Killeen TD, in reply to Minister for Agriculture and Food (Mary a Parliamentary Question on Wednesday 31 Coughlan): The information requested is being January 2007. compiled and will be forwarded to the Deputy as The aid application submitted by Greencore soon as possible. was approved in September subject to the out- come of the Judicial Review proceedings Grant Payments. instituted by Greencore in respect of the Govern- 148. Mr. Aylward asked the Minister for Agri- ment decisions regarding the allocation of the aid. culture and Food when payment under the 2006 In view of these legal proceedings, it would not single farm payment scheme will issue to a person be appropriate for me to comment further. (details supplied) in County Kilkenny. [5825/07] Farm Waste Management. Minister for Agriculture and Food (Mary 151. Mr. Naughten asked the Minister for Agri- Coughlan): The position is that an application for culture and Food if, under the farm waste man- the Transfer of Entitlements under the Single agement scheme, grant assistance is provided to Payment Scheme from the person named was construct farm roadways; and if she will make a submitted on the 15th May 2006. The application statement on the matter. [5862/07] has now been fully processed and payment will issue shortly. Minister for Agriculture and Food (Mary Coughlan): The Farm Waste Management Sugar Beet Industry. Scheme, which closed for new applications at the 149. Mr. G. Murphy asked the Minister for end of December 2006, does not provide grant- Agriculture and Food if she will confirm that pay- aid for the construction of farm roadways. ment of Labour Court recommendations to farm workers in Mallow was committed to in Greenc- Flood Relief. ore’s application for restructuring aid. [5848/07] 152. Mr. Naughten asked the Minister for Agri- culture and Food if she will provide a hardship 150. Mr. G. Murphy asked the Minister for fund for landowners with land flooded for over Agriculture and Food if she will confirm that if three months in winter 2006/2007; and if she will Greencore does not honour the Labour Court make a statement on the matter. [5863/07] recommendation to farm workers in Mallow, its current application for restructuring aid will be Minister for Agriculture and Food (Mary invalid; and if in these circumstances, when grant- Coughlan): My Department does not have any ing the application, she will make the payment scheme available which would cover such of redundancy payments in line with the Labour incidents. Court recommendation a legally binding con- dition. [5849/07] Farm Retirement Scheme. Minister for Agriculture and Food (Mary 153. Mr. J. O’Keeffe asked the Minister for Coughlan): I propose to take Questions Nos. 149 Agriculture and Food when the new farm retire- and 150 together. ment scheme will be operational; and the date Under the relevant EU regulations, the restruc- from which it will be effective. [5864/07] turing aid for the sugar industry has to be drawn down on the basis of an aid application submitted Minister for Agriculture and Food (Mary by the sugar processor. The applications must Coughlan): The new Early Retirement Scheme contain a restructuring plan, including a social will form part of the new Rural Development plan detailing the actions planned in particular Programme for the period from 2007 to 2013. The with respect to re-training, redeployment and Programme was sent to the European Com- early retirement of the workforce concerned. In mission in late December and has to go through July 2006, Greencore duly submitted such an its approval process. I cannot be definite as to application, which indicated that the proposed how long this process will take but I continue to redundancy payments were in accordance with pursue early approval. My officials are in ongoing the ruling of the Labour Court. contact about it with their counterparts in the I am aware that there is an ongoing dispute Commission services. between the company and the workers over the interpretation of the Labour Court recommend- Grant Payments. ation. I regret that the parties have not yet resolved their differences but, as I have explained 154. Mr. Hayes asked the Minister for Agri- on a number of occasions, I have no function in culture and Food when payment will issue to a 1663 Questions— 15 February 2007. Written Answers 1664

[Mr. Hayes.] Grant Payments. person (details supplied) in County Tipperary 156. Mr. Kehoe asked the Minister for Agri- under the 2006 scheme. [5884/07] culture and Food the stage of the application to transfer single farm entitlements for persons Minister for Agriculture and Food (Mary (details supplied) in County Wexford; if the Coughlan): The position is that an application for application will be complete before the appli- the Transfer of Entitlements under the Single cations for the 2007 single farm payment need to Payment Scheme to the person named was sub- be completed; and if she will make a statement mitted on the 12th December 2006. The appli- on the matter. [5947/07] cation was accepted even though the closing date for receipt of completed applications to transfer Minister for Agriculture and Food (Mary entitlements was the 16th May 2006. During pro- Coughlan): The position is that an application for cessing of the Transfer application, it was neces- the Transfer of Entitlements under the 2007 Sin- sary for an official of my Department to seek gle Payment Scheme by way of gift from the clarification on certain matters relating to the second person named to the first person named application. The requested information was was received in my Department on the 26th received on the 6th February 2007. The appli- January 2007. cation is now fully processed and payment in The closing date for receipt of applications to respect of 12.89 standard entitlements transferred transfer entitlements in respect of the 2007 Single by way of inheritance will issue shortly. Payment Scheme year is the 16th April 2007 i.e. closing date for submitting applications under the Noxious Weeds. 2007 Single Payment Scheme. It will not be pos- sible therefore to definitely process all appli- 155. Mr. Penrose asked the Minister for Agri- cations for transfer of Entitlements by the 16th culture and Food if she will take steps to ensure April 2007. that local authorities and other State and semi I can confirm however that my Department has State organisations, take steps at a management examined this application and that the transfer of level to ensure that there are no noxious weeds entitlements by way of gift from the second per- allowed to grow on any of the lands in their pos- son named to the first person named is in order. session, and that such authorities would be called upon to implement an effective management plan School Accommodation. to ensure that this objective is achieved partic- ularly in view of the fact that farmers have to take 157. Mr. S. Ryan asked the Minister for Edu- steps as part of their management proposals and cation and Science the number of temporary REP scheme plans to eradicate the menace of classrooms which have been sanctioned by her noxious weeds such as ragwort; and if she will Department to national schools under the rental of temporary accommodation scheme on a make a statement on the matter. [5916/07] county basis for years 2003, 2004, 2005 and 2006; and the cost for the rental in each of the years Minister for Agriculture and Food (Mary referred to. [5772/07] Coughlan): I wish to assure the Deputy that my Department takes seriously the issue of noxious 158. Mr. S. Ryan asked the Minister for Edu- weeds growing on the lands of State and semi- cation and Science the number of temporary State organizations and Local Authorities. In classrooms which have been sanctioned by her 2006 my Department launched two publicity cam- Department to post-primary schools under the paigns in February and May to raise public rental of temporary accommodation scheme on a awareness of the need to control noxious weeds. county basis for years 2003, 2004, 2005 and 2006; These publicity campaigns consisted of: posters and the cost for the rental in each of the years forwarded to public bodies including Garda referred to. [5773/07] Stations, Local Authorities, Department of Agri- culture and Food regional offices, Teagasc offices 159. Mr. S. Ryan asked the Minister for Edu- and agricultural merchants for display in public cation and Science the schools and the number of places, Department press notices in the National classroom units within each school in the Dublin press, and Department press releases. In addition North constituency area that are currently avail- all Local Authorities were written to again in ing of accommodation under the temporary August to remind them of their responsibilities accommodation scheme; and the average rental under the Noxious Weeds Act. cost of each unit per annum. [5774/07] My Department will be running this type of publicity campaign again in 2007 so that Public Minister for Education and Science (Ms Bodies and Local Authorities continue the elim- Hanafin): I propose to take Questions Nos. 157 ination of these weeds from public areas. to 159, inclusive, together. 1665 Questions— 15 February 2007. Written Answers 1666

The information requested by the Deputy is ation and a full time postgraduate course of not not readily available. The demand for additional less than one year’s duration pursued in an accommodation in schools has risen significantly approved institution. The Schemes outline the over the last number of years mainly due to the respective courses which are approved for grant rapid expansion in teacher numbers particularly purposes. in the area of special needs, the growth in the The decision on eligibility for third level grants school-going population in rapidly developing is a matter for the relevant local authority or areas and the demands to cater for diversity VEC. These bodies do not refer individual appli- through the recognition of new Gaelscoileanna cations to my Department except, in exceptional and Educate Together schools. cases, where, for example, advice or instruction The provision of rented accommodation pro- regarding a particular clause in the relevant vides an immediate solution to a deficit of school scheme is desired. If an individual applicant con- accommodation, and is often the only available siders that s/he has been unjustly refused a main- option where extra accommodation is needed at tenance grant, or that the rate of grant awarded short notice. is not the correct one, s/he may appeal to the rel- However, the current focus within my Depart- ment is to empower schools to resolve their evant local authority or VEC. accommodation needs, wherever possible by way Where an individual applicant has had an of permanent accommodation. In order to reduce appeal turned down, in writing, by the relevant the amount of temporary accommodation at local authority or VEC, and remains of the view primary level a new devolved initiative was that the body has not interpreted the schemes launched in 2003. The purpose of this initiative is correctly in his/her case, a letter outlining the to allow schools to undertake a permanent sol- position may be sent to my Department. Alterna- ution to their classroom accommodation needs tively, as already indicated, the local authority or and to achieve the best value for money. Since VEC may, itself, in exceptional circumstances, the introduction of the devolved initiative over seek clarification on issues from my Department. 200 schools have been allocated funding under Under the terms of the third level student sup- this scheme. port schemes (clause 3.3 of the Higher Education Grants Scheme), a second chance student is Higher Education Grants. defined as a student, who having attended but not 160. Mr. Crowe asked the Minister for Edu- successfully completed an approved course, is cation and Science if she will make a statement returning following a break of at least five years on the case of a person (details supplied); her in order to pursue an approved course at the views on the fact that if this student did not pass same level (i.e. Second Chance Student). their exams they would be eligible to receive both My Department understands from the infor- full tuition fees to lodge a grant application; and mation supplied that the student referred to by her further views on whether this anomaly penal- the Deputy already holds an undergraduate ises educational success. [5787/07] degree. Accordingly, he is ineligible for a higher education grant or to benefit under the Free Fees Minister for Education and Science (Ms Initiative in respect of a subsequent course at that Hanafin): My Department funds four mainten- level. Tax relief, however, is available in respect ance grant schemes for third level and further of undergraduate fees paid in publicly funded education students. These are the Higher Edu- colleges here and in other EU Member States, as cation Grants (HEG) Scheme, the Vocational well as in private colleges in the State. This relief Education Committees’ (VEC) Scholarships applies at the standard rate of tax and is available Scheme, the Third Level Maintenance Grants to full time and part time courses. Further details Scheme for Trainees and the Maintenance Grants and conditions in relation to this tax relief are Scheme for Students attending Post Leaving Cer- available from local Tax Offices. tificate Courses. Apart from the funding provided through the The HEG Scheme is administered by the Local Student Support Maintenance Grant Schemes, Authorities on behalf of my Department. The financial assistance is also available from my other three schemes are administered by the Department through the Student Assistance Vocational Education Committees. Generally Fund. The objective of the Fund, which is ESF- speaking, students who are entering approved aided, is to assist students, in a sensitive and com- courses for the first time are eligible for grants passionate manner, who might otherwise, due to where they satisfy the relevant conditions as to their financial circumstances, be unable to con- age, residence, means, nationality and previous tinue their third level studies. Further infor- academic attainment. An approved third level course for the purpose of the HEG and the VEC mation on this fund is available from the Student Scholarship Schemes means a full-time under- Access Officer at the college being attended by graduate course of not less than two years dur- the candidate. 1667 Questions— 15 February 2007. Written Answers 1668

School Transport. and would engage with education institutions from pre-school to third level. 161. Mr. Howlin asked the Minister for Edu- cation and Science further to Parliamentary When the project went to tender, the construc- Question No. 1726 of 31 January 2007, if her tion costs were deemed excessive and it did not attention has been drawn to the fact that the go ahead. There have been a number of devel- maps received from her Department, dated 12 opments since the original announcement. Princi- April 2006 under a freedom of information pal among these was the establishment of An request, differ from the map currently displayed Chomhairle um Oideachas Gaeltachta agus Gael- on the Wexford VEC website; if her attention has scolaı´ochta and the evolution of a new in-service further been drawn to the fact that a letter dated model for teachers. 3 March 2006 from the transport liaison officer of There is an overlap between the functions of County Wexford in Bus E´ ireann requested a copy An Chomhairle and the functions envisaged for of Bus E´ ireann’s maps to replace the catchment the Centre in Baile Bhuirne and this has to be boundary maps then in use by the TLO; and if addressed. In addition, the new in-service model she will make a statement on the matter. for teachers will prioritise regionalised access to [5788/07] a full spread of curriculum expertise through the regional education centre network. Minister of State at the Department of Edu- In order to clarify the specific rationale and cation and Science (Mr. Haughey): The Deputy function of the proposed Ionad Na´isiu´ nta Oidea- will be aware that catchment boundaries have chais Gaeilge, officials from my Department their origins in the establishment of free post- together with officials from the Department of primary education in the late 1960’s and maps Community, Rural and Gaeltacht Affairs met were drawn up at the time. No general review of with the interested parties. I am currently con- catchment boundaries has taken place since the sidering the views expressed by the interested inception of the school transport scheme. A small parties at that meeting. number of local reviews were carried out over the years in certain circumstances where, for School Staffing. example, a new post-primary school was estab- 163. Mr. Deasy asked the Minister for Edu- lished in an area where previously there was none cation and Science the reason certain teachers in or, conversely, where a “sole provider” school a school in (details supplied) in County Water- closed due to declining enrolment. ford have no contract or terms and conditions No recent changes have been made to the after being employed there for a number of years catchment boundary maps for County Wexford. and having consistently raised the issue with her However, my Department is aware that an incor- Department; if this contravenes labour law; if it rect map was used to categorise a small number is in contravention of labour law that such of students for school transport in the 2005/06 teachers have had no pay rise since 2001; and if school year only. The error was promptly dis- she will make a statement on the matter. covered and acted upon. [5885/07] My Department will liaise with the Transport Liaison Officer for County Wexford regarding Minister for Education and Science (Ms the map on the Wexford VEC website. If neces- Hanafin): The school referred to by the Deputy sary, that map will be brought into line with the is administered by City of Waterford VEC. The map retained in my Department. terms and conditions of employment of teachers in the school are therefore a matter for the VEC, In-service Training. subject to agreed procedures. 162. Mr. J. O’Keeffe asked the Minister for Education and Science the reason the project 164. Mr. Deasy asked the Minister for Edu- involving the Ionad Na´isiu´ nta Oideachais at Bal- cation and Science the reason teachers in special lyvourney, County Cork, has not commenced in schools which are regarded as having primary view of the many commitments made in regard school status are not tied to the benchmarking thereto in the past six years and of the extensive process; the reason in some cases, these teachers consultation that has taken place regarding the who have received honours degrees are deemed project in recent years. [5866/07] unqualified by her Department; and if she will make a statement on the matter. [5886/07] Minister for Education and Science (Ms Hanafin): When the establishment of an Ionad Minister for Education and Science (Ms Na´isiu´ nta Oideachais Gaeilge in Baile Bhuirne Hanafin): Qualified teachers paid on my Depart- was announced in 1999 the intention was that it ments’ payroll who are teaching in recognised would function as a national centre of excellence special schools are paid on the common basic to support the teaching of Irish and through Irish, scale for teachers. They are paid appropriate 1669 Questions— 15 February 2007. Written Answers 1670 qualification and post of responsibility studying abroad; and if she will make a statement allowances. on the matter. [5892/07] The salary scale and allowance details for teachers are outlined on my Departments’ Minister for Education and Science (Ms website. Hanafin): The most recent figures available from The pay increase of 3% due from the 1st Eurostat are for 2003/04. In that year, a total of December, 2006 as a result of the implementation 17,422 Irish students were studying abroad. Of of Phase 1 of “Towards 2016” was paid to serving that number, 16,266 were studying in higher edu- teachers recently. cation institutions in other EU Member States. If the Deputy has a specific case relating to the The remaining 1,156 students were studying in issues he has raised and he forwards me the Croatia, the Former Yugoslav Republic of details, I will arrange for officials of my Depart- Macedonia, Turkey, Iceland, Liechtenstein, Nor- ment to investigate the position. way, Switzerland, Albania, the United States and Japan. Figures for Irish students studying in other countries are unavailable. School Closures. 165. Mr. M. Higgins asked the Minister for 167. Mr. McHugh asked the Minister for Edu- Education and Science if, further to her response cation and Science the number of Irish students to Parliamentary Question No. 549 of 21 studying abroad under the Erasmus programme; November 2006, she will outline the outcome of and if she will make a statement on the an examination her Department was carrying out; matter. [5893/07] her position as regards the need to keep a school (details supplied) in County Galway, open and Minister for Education and Science (Ms operational; her views on whether in the event of Hanafin): The most recent figures available are this school closing, the area would have a severe for the academic year 2005/2006. In that year, shortage of school spaces now and into the future, 1567 Irish students studied abroad under the especially in view of projected population growth Erasmus programme. figures; her views on the need for a co-edu- cational school in the town and area; and if she National Drugs Strategy. will make a statement on the matter. [5887/07] 168. Mr. Penrose asked the Minister for Edu- cation and Science if, in view on the extent and Minister for Education and Science (Ms complexity of the drug problem here and the Hanafin): The Trustees of the school referred to importance of education as a strategy to prevent have confirmed their intention to close the school misuse, the dedicated support provided by the and have recently reaffirmed to the Department Walk Tall programme support service will be that the closure will be on a phased basis and will made available to all teachers in the long term as commence in September 2007, with all students part of their continuing professional develop- in junior cycle being given the option of proceed- ment; and if she will make a statement on the ing to senior cycle, including the opportunity to matter. [5917/07] avail of a transition year. The Trustees have also confirmed that the current site will not be avail- 169. Mr. Penrose asked the Minister for Edu- able for the provision of post-primary education cation and Science if primary schools in all local once the school closes. drugs task force areas and DEIS schools have Having considered the immediate implications access to dedicated support in drug prevention of the decision by the Sisters of Mercy, I can con- education, through the Walk Tall programme firm that the Department will facilitate the enrol- support service; if this dedicated support will be ment in Gort Community School of students from made available to all rural DEIS schools; if so, the Kinvara area by changing the existing catch- when this is expected to take place; and if she will ment area. To facilitate an increase in enrolments make a statement on the matter. [5918/07] at Gort Community School, any additional accommodation for the school will be treated as Minister for Education and Science (Ms matter of priority by my Department. My Depart- Hanafin): I propose to take Questions Nos. 168 ment will discuss the position with the authorities and 169 together. of Gort Community School with a view to agree- The Substance Misuse Prevention Programme ing the extent of the additional accommodation (which is also known as the Walk Tall Prog- required to cater for the Kinvara students in the ramme support service) is available to all schools short and medium term. in local drug task force areas and to date teachers have availed of the training provided to over 325 schools. In addition to the 325 primary schools in Third Level Students. the LDTF areas in Dublin, Bray and Cork which 166. Mr. McHugh asked the Minister for Edu- receive an ongoing service of support from the cation and Science the number of Irish students SMPP (Walk Tall Programme), since September, 1671 Questions— 15 February 2007. Written Answers 1672

[Ms Hanafin.] Claims for tax relief under the student accom- 2006, the service has notified all DEIS (Urban 1 modation scheme are made in the annual return and 2) schools about its support service and, as a of income submitted by taxpayers under the self- result, 150 extra schools in those categories now assessment system to the Revenue Commis- receive a support service in drug prevention stra- sioners. All returns are subject to check and audit tegies from the Walk Tall Programme. to ensure that, inter alia, any tax relief is cor- The Substance Misuse Prevention Programme rectly claimed. is offered to teachers in summer courses in var- ious education centres around the country (15 Higher Education Grants. planned for 2007) as part of their professional 171. Mr. Durkan asked the Minister for Edu- development in this important aspect of their cation and Science if or when children whose work in teaching pupils about the dangers of sub- parents are foreign nationals in full time employ- stance misuse. ment can qualify for third level education having Proposals for extending the Substance Misuse particular regard to the fact that such children Prevention Programme to other areas of disad- have gone through the primary or second level vantage outside the Local Drugs Task Force education cycle here but cannot attend third level Areas (LDTFAs) have been made by the education unless they meet the full costs; and if Steering Committee of the ‘Walk Tall’ she will make a statement on the matter. Programme. [5935/07] The proposals have been received in my Department where they are currently being con- Minister for Education and Science (Ms sidered by my officials. This consideration Hanafin): My Department funds four mainten- involves consultation with the “Walk Tall” Sup- ance grant schemes for third level and further port Programme personnel to explore, amongst education students which are administered by the other issues, the feasibility of extending the Prog- Local Authorities and the Vocational Education ramme to areas of disadvantage which are outside Committees. The Higher Education Grant the local drugs taskforces. This includes the Scheme operates under the Local Authorities deployment of resources to areas of most need in (Higher Education Grants) Acts, 1968 to 1992. accordance with the National Drug Strategy Generally speaking, students who are entering 2001-2008, including Urban Band 1 and 2 schools approved courses for the first time are eligible for which are identified in the DEIS (Delivering maintenance grants where they satisfy the rel- Equality in Schools) programme. evant conditions as to age, residence, means, nationality and previous academic attainment. Under the nationality requirement, students Student Accommodation. must hold E.U. Nationality, have Official Refu- 170. Mr. Bruton asked the Minister for Edu- gee Status or — have been granted Humanitarian cation and Science the guidelines that must apply Leave to Remain in the State; or to student accommodation which qualifies for • have permission to remain in the State by relief under section 372 of the Tax Consolidation virtue of marriage to an Irish national Act 1997; and the methods used for establishing residing in the State, or be the child of such compliance with these guidelines. [5919/07] person, not having EU nationality; or

Minister for Education and Science (Ms • have permission to remain in the State by Hanafin): In recognition of the difficulties that virtue of marriage to a national of another students can experience in obtaining suitable EU Member State who is residing in the State and who is or has been employed, or accommodation and following consultation with self-employed, in the State or be the child third level institutions, a special tax incentive was of such a person, not having EU national- introduced to encourage the provision of student ity; or rented residential accommodation in Section 50 of the Finance Act, 1999. The Act provides for • be nationals of a member county of the relevant Guidelines to be issued by the Minister European Economic Area (EEA) or for Education and Science in consultation with Switzerland. the Minister for Environment, Heritage and Students must meet the nationality requirement Local Government and with the consent of the at the time of entry or re-entry to an approved Minister for Finance. course. However the Grants Schemes contain a The Guidelines detail a range of conditions ‘change in circumstances’ clause which provides that are required to be in place in order that a that a candidate’s eligibility may be assessed or development may qualify for tax relief. The re-assessed in the event of a change in circum- Guidelines are available on my Department’s stances in relation to, inter alia, reckonable website and I am arranging for a copy to be pro- income, the number of dependent children, nor- vided to the Deputy. mal residence and nationality, where the candi- 1673 Questions— 15 February 2007. Written Answers 1674 date becomes an Irish national or the national of area. On the 8th January 2007 I announced another EU member State. details of the schools to receive funding to The ‘change in circumstances’ provision allows improve facilities under the Summer Works candidates who acquire nationality through the Scheme 2007. naturalisation process, during the course of their Under the published prioritisation criteria gov- studies, to apply to be assessed or re-assessed for erning the Scheme, external environment projects grant assistance with effect from the academic fall into category ten. This category was not term when the change occurs. reached this year. the School Planning Section of The decision on eligibility for third level or my Department has received an appeal on this further education grants is a matter for the rel- decision from the school authority which is cur- evant local authority or VEC. These bodies do rently under consideration. not refer individual applications to my Depart- ment except, in exceptional cases, where, for School Enrolment. example, advice or instruction regarding a part- 174. Mr. Kehoe asked the Minister for Edu- icular clause in the relevant scheme is desired. cation and Science if a school can refuse admis- If, however, the Deputy has a particular case in sion to a pupil within its catchment area but mind and provides detailed information, to the where siblings did not attend the school; and if Student Support Unit of my Department, the case she will make a statement on the matter. can be examined to ensure it was assessed cor- [5957/07] rectly under the terms of the grant Schemes. Minister for Education and Science (Ms Special Educational Needs. Hanafin): Enrolment in individual schools is the 172. Mr. Howlin asked the Minister for Edu- responsibility of the managerial authority of cation and Science if access to a special needs those schools and the Department does not seek assistant will be provided for a child (details to intervene in decisions made by schools in such supplied) in County Wexford; if the contents of matters. The Department’s main responsibility is the school based psychological report on this to ensure that schools in an area can, between child have been considered by her Department in them, cater for all pupils seeking places. This may the context of their special needs; and if she will result, however, in some pupils not obtaining a make a statement on the matter. [5946/07] place in the school of their first choice. It is the responsibility of the managerial auth- Minister for Education and Science (Ms orities of schools that are not in a position to Hanafin): As the Deputy is aware, the National admit all pupils seeking entry to implement an Council for Special Education (NCSE), through enrolment policy in accordance with the Edu- the local special educational needs organisers cation Act. In this regard a board of management (SENOs), is responsible for processing appli- may find it necessary to restrict enrolment to chil- cations from schools for special needs supports, dren from a particular area or a particular age including special needs assistant (SNA) support. group or, occasionally, on the basis of some other The SENOs also convey decisions on the appli- criterion. In formulating an admissions policy a cations directly to schools. school must, however, ensure it is lawful. In part- I can confirm that the local SENO received an icular, it must act in accordance with Section 7 of incomplete application for SNA support in the Equal Status Act 2000 which, subject to very respect of the pupil in question. The SENO will limited exceptions, prohibits schools from dis- consider the application further as soon as the criminating against people in relation to a additional information required is made available number of matters including the admission of a and will be in contact with the school at that pupil to the school. point. Currently, under Section 29 of the Education Act 1998, parents of a student who has been Schools Refurbishment. refused enrolment in a school may appeal that decision to the Secretary General of this Depart- 173. Ms O’Sullivan asked the Minister for Edu- ment. Such appeals are dealt with within 30 days cation and Science if she will provide funding of their receipt and where an appeal is upheld under the summer works scheme for a play area the Secretary General is empowered to direct the for a school (details supplied) in County Limerick school to enrol the student. which has less than 2 square feet of play space Otherwise, the National Educational Welfare per child; and if she will make a statement on the Board (NEWB) is the statutory agency which can matter. [5948/07] assist parents who are experiencing difficulty in securing a school place for their child. Minister for Education and Science (Ms Hanafin): The school to which the Deputy refers Departmental Staff. made an application under the Summer Works Scheme 2007 for provision of a hardcourt play 175. Mr. P. McGrath asked the Minister for 1675 Questions— 15 February 2007. Written Answers 1676

[Mr. P. McGrath.] for the inclusion of particular structures in the Defence if he will confirm that staff in his con- Record of Protected Structures. stituency office in his Department were engaged In March 2003, arising from the NIAH survey in making phone calls extending seasons greet- undertaken within the functional area of Fingal ings on his behalf in December 2006; if he will County Council, I recommended 665 structures further confirm that these were calls to all listed for inclusion on the Fingal County Council phone users rather than to just persons on his Record of Protected Structures. The NIAH sur- office database; the number of staff involved in vey for Fingal is published on the website these calls; and the number of calls made. www.buildingsofireland.ie. An NIAH survey for [5923/07] the Dublin City Council area has not yet been undertaken. Minister for Defence (Mr. O’Dea): No paid In addition to the above, a number of historic staff of the Department or the Minister’s con- properties are maintained in State care by the stituency office were involved in the making of Office of Public Works. A list of the national these calls. monuments and historic properties in the northern part of Dublin City and in the functional National Heritage. area of Fingal County Council is being compiled by my Department and will be forwarded to the 176. Mr. Callely asked the Minister for the Deputy. Environment, Heritage and Local Government the national monuments, historic properties and 177. Mr. Callely asked the Minister for the national heritage that are recognised or in State Environment, Heritage and Local Government care in north city and County Dublin; and if he the level of funding available for the protection will make a statement on the matter. [5742/07] and enhancement of Ireland’s national heritage in 2007; the criteria to avail of funding for same; Minister for the Environment, Heritage and and if he will make a statement on the matter. Local Government (Mr. Roche): A statutory [5743/07] Record of Monuments and Places, RMP, is main- tained in accordance with section 12 of the Minister for the Environment, Heritage and National Monuments Act 1994. The RMP is pub- Local Government (Mr. Roche): The total fund- lished on a county by county basis and is available ing available to my Department for heritage pur- for public inspection in the offices of each plan- poses in 2007 amounts to almost \70 million. ning authority and in one library of each library Funding of some \31 million for built heritage authority. includes sponsorship of the Heritage Council for A number of the monuments listed in the RMP its day to day operations and its capital grant fall within a category defined under National scheme, the provision of capital financing to the Monuments Act 1930, as amended, as national Office of Public Works for works to properties in monuments. These are monuments or remains of State care, support of local authorities to enable monuments the preservation of which is a matter them to provide grant assistance for conservation of national importance by reason of the historical, works to protected structures, and provision for architectural, traditional, artistic or archaeolog- the newly established Irish Heritage Trust. ical interest attaching thereto. My Department has designated, and provides Statutory protection of the architectural heri- funding for a scheme of grants for the con- tage is primarily a matter for planning authorities servation of protected buildings. This scheme is in the exercise of their functions under Part IV of administered by local authorities who assess and the Planning and Development Act 2000. Each prioritise applications and approve individual planning authority is required to include in its grants. The scheme is aimed at assisting owners development plan a Record of Protected Struc- and occupiers to carry out conservation works on tures within its functional area. structures of architectural significance in the Under the Architectural Heritage (National Record of Protected Structures which the local Inventory) and Historic Monuments authority has listed under the Planning and (Miscellaneous Provisions) Act 1999, my Depart- Development Act 2000. Inquiries about this ment is preparing the National Inventory of scheme may be made to the relevant local Architectural Heritage (NIAH). The purpose of authority. this is to identify, record and evaluate the coun- Under the National Development Plan 2007- try’s architectural heritage uniformly and consist- 2013, my Department will also administer a ently. Each NIAH survey, undertaken by my scheme of grants for the restoration and con- Department within any particular local auth- servation of buildings of significant architectural ority’s functional area, provides the basis for heritage merit and which are in public ownership recommendations under the Planning and or open to the public generally. Criteria in Development Act 2000 to planning authorities relation to the Heritage Council’s grant scheme, 1677 Questions— 15 February 2007. Written Answers 1678

Buildings at Risk, are available directly from the Minister for the Environment, Heritage and Council. Local Government (Mr. Roche): My Depart- Funding of \38.553 million will also be avail- ment’s National Parks and Wildlife Service able in 2007 to the National Parks and Wildlife operates to implement and/or enforce wildlife Service of my Department in respect of our and conservation measures around the country. natural heritage. This funding provides for run- The principal tasks carried out by the staff ning costs of six National Parks and 66 State- involved include the following: implementing and owned Nature Reserves, development of tourism enforcing the Wildlife Acts 1976 and 2000, and related projects, visitor facilities and related capi- the European Communities (Habitats) Regu- tal projects, and salaries for industrial staff. It also lations 1997, as amended; assisting in the manage- provides for research and scientific study related ment of National Parks, Reserves and other land to all areas of conservation management, and for conservation along with the supervision of compensatory measures for landowners’ costs public access and use; liaison with landowners, and losses resulting from restrictions in managing farmers and community interests on natural heri- their land in areas designated under the EU tage matters; carrying out wildlife research sur- Habitats and Birds Directives, and for compen- veys and promoting knowledge of conservation; sation for landowners who cease turf cutting assessment of development applications and activities. In 2007, this subhead will also provide advising landowners; assessment of applications funding of \750,000 of for Biodiversity for consents and licences under the Habitats Awareness. Regulations and Wildlife Acts; and monitoring and assessment of Special Areas of Conservation National Parks and Wildlife Service. and Special Protection Areas to protect from damage to habitats or species. 178. Mr. Callely asked the Minister for the More than 300 staff are normally available in Environment, Heritage and Local Government support of this work, supplemented by up to 70 the progress that the wildlife rangers have made seasonal staff. Within this overall staffing over the past five years; the number of wildlife resource, officers in the Conservation Ranger rangers in place and the areas they assist in the grade number some 74 at present, with a further protection and conservation of natural heritage; four vacancies to be filled shortly. The distri- and if he will make a statement on the matter. bution of Conservation Rangers is set out in the [5744/07] following table.

Division Region District Number of Rangers

Eastern North East Kildare 4 Navan 4 South East Kilkenny 4 Wicklow 6 Southern South West Killarney 10 Bantry 4 Cork 3 Nenagh 2 Western Mid-Western Loughrea 4 Ennis 5 Western Newport / Ballycroy 7 Connemara 3 Northern North-Midlands Mullingar 4 Moyne 4 North-Western Dromahair 6 Glenveagh 4

Total 74

Special Areas of Conservation. Minister for the Environment, Heritage and Local Government (Mr. Roche): The European 179. Mr. Deenihan asked the Minister for the Communities (Natural Habitats) Regulations Environment, Heritage and Local Government if turf-cutting will be permitted or restricted in 1997 require the conservation and preservation of special areas of conservation under the habitats Special Areas of Conservation (SACs). The cut- regulations 1997 to 2005; and if he will make a ting of bog in SACs for industrial and commercial statement on the matter. [5746/07] purposes has been prohibited since 1999. 1679 Questions— 15 February 2007. Written Answers 1680

[Mr. Roche.] conditions being met. Application forms and However, the cutting of turf for domestic use, scheme details have been forwarded to the per- subject to certain conditions such as a prohibition son concerned. on the use of so-called “sausage machines”, is generally permitted in SACs until the end of Bog Purchases. 2008. 183. Mr. Naughten asked the Minister for the Environment, Heritage and Local Government Water and Sewerage Schemes. the reason for the delay in processing an appli- 180. Mr. Deenihan asked the Minister for the cation to purchase bog by a person (details Environment, Heritage and Local Government supplied) in County Roscommon; his views on the reason for the delay in allowing Castleisland whether such a delay is acceptable; his further sewerage scheme stage two to go to tender in views on whether it will negatively impact on the view of the importance of this scheme to the sale of other parcels of bog; and if he will make future development of Castleisland town; and if a statement on the matter. [5856/07] he will make a statement on the matter. [5747/07] Minister for the Environment, Heritage and Local Government (Mr. Roche): An issue regard- Minister for the Environment, Heritage and ing the grant of right of way has arisen in relation Local Government (Mr. Roche): I refer to the to this case. This is currently being examined by reply to Questions Nos. 1,787 and 1,838 of 31 my Department and the Chief State Solicitor’s January 2007. Office. When the matter is resolved the contracts for sale will be executed. This issue is specific to Architectural Heritage. this case and would not generally arise in respect of the purchase of other parcels of bog. 181. Mr. N. O’Keeffe asked the Minister for the Environment, Heritage and Local Government the grant aid available to a person (details Ministerial Correspondence. supplied) in County Cork to carry out works to 184. Mr. Naughten asked the Minister for the their shop front which has a heritage status. Environment, Heritage and Local Government [5812/07] further to correspondence from a person (details supplied) in County Mayo, if he will furnish a Minister for the Environment, Heritage and detailed response; and if he will make a statement Local Government (Mr. Roche): My Department on the matter. [5857/07] supports a scheme of grants for the conservation of protected buildings. This is administered by Minister for the Environment, Heritage and local authorities. who assess and prioritise appli- Local Government (Mr. Roche): I understand cations and approve individual grants. The that a full reply issued from my Department to scheme is aimed at assisting owners and occupiers the person concerned on 12 February 2007. to carry out conservation works on structures of architectural significance in the Record of Pro- Water and Sewerage Schemes. tected Structures which the Local Authority has 185. Mr. J. O’Keeffe asked the Minister for listed under the Planning and Development Act the Environment, Heritage and Local Govern- 2000. ment when he expects the construction of the Enquiries about this scheme should be made main Kinsale sewerage plant at Comnogue, Kin- directly to the Heritage Officer in Cork County sale to commence and to be completed. Council, who it is understood will be accepting [5867/07] applications for funding under the 2007 Scheme until 23 February. Minister for the Environment, Heritage and Local Government (Mr. Roche): The Kinsale Grant Payments. Sewerage Scheme is approved for funding in my 182. Mr. N. O’Keeffe asked the Minister for the Department’s Water Services Investment Prog- Environment, Heritage and Local Government if ramme 2005-2007. My Department is awaiting the thatched roof grant scheme is on operation; submission of Cork County Council’s Contract and if he will arrange to forward two application Documents for the wastewater treatment plant. forms to a person (details supplied) in County Cork. [5813/07] 186. Ms C. Murphy asked the Minister for the Environment, Heritage and Local Government if Minister of State at the Department of the his attention has been drawn to the capacity con- Environment, Heritage and Local Government straints in relation to both industry and develop- (Mr. N. Ahern): Grant aid for the renewal or ment in County Kildare due to the limited capa- repair of thatched roofs of houses continues to be city of Osberstown waste water treatment plant; provided by my Department, subject to certain the action planned in order to overcome current 1681 Questions— 15 February 2007. Written Answers 1682 difficulties; and if he will make a statement on the who are living elsewhere while attending an edu- matter. [5868/07] cational institution in the State (the Electoral Act 1997); electors who because of the circumstances Minister for the Environment, Heritage and of their detention in prison pursuant to an order Local Government (Mr. Roche): The Upper Lif- of a court are likely to be unable to go in person fey Valley Sewerage Scheme is included in my on polling day to vote (the Electoral Department’s Water Services Investment Prog- (Amendment) Act 2006); and certain election ramme 2005-2007 as a scheme to commence con- staff employed at the poll outside the constitu- struction in 2007. In December 2006, I approved ency where they reside (the Electoral Kildare County Council’s Preliminary Report for (Amendment) Act 2001). the expansion of the wastewater treatment plant While electoral law is subject to ongoing at Osberstown; and since then the way has been review, there are no proposals to alter the exist- clear for the Council to prepare contract docu- ing arrangements along the lines referred to in ments for this element of the scheme. The the Questions. Council’s Preliminary Report for the collection networks in Clane, Johnstown, Kilcullen, Kill, Water and Sewerage Schemes. Naas, Newbridge, Prosperous and Sallins is under examination in my Department and is being dealt 189. Mr. Neville asked the Minister for the with as quickly as possible. Environment, Heritage and Local Government the position regarding the provision of an upgraded sewerage scheme for Dromcollogher, Register of Electors. County Limerick. [5922/07] 187. Mr. McHugh asked the Minister for the Environment, Heritage and Local Government if Minister for the Environment, Heritage and Irish students who are studying abroad will be Local Government (Mr. Roche): The Dromcol- facilitated to vote in the forthcoming general logher Sewerage Scheme, which is being election; and if he will make a statement on the advanced as a grouped project with schemes for matter. [5906/07] Bruff, Hospital and Pallasgreen, is approved to advance through planning in my Department’s 188. Mr. McHugh asked the Minister for the Water Services Investment Programme 2005- Environment, Heritage and Local Government 2007. his plans to facilitate Irish people, registered to My Department is awaiting submission of vote here but who work or study abroad, to vote Limerick County Council’s Preliminary Report in the forthcoming general election; and if he will for the project. make a statement on the matter. [5907/07] Local Authority Housing. Minister for the Environment, Heritage and 190. Mr. Boyle asked the Minister for the Local Government (Mr. Roche): I propose to Environment, Heritage and Local Government take Questions Nos. 187 and 188 together. the guidelines that exist for local authorities In order to be able to vote at elections and installing or retrofitting heating systems in their referenda in this jurisdiction, a person’s name housing stock; and if such guidelines give pre- must be entered in the register of electors for a cedence to non-fossil fuel based heating constituency in the State in which the person systems. [5953/07] ordinarily resides. Postal voting is provided for in respect of cer- Minister of State at the Department of the tain categories of person as specified in electoral Environment, Heritage and Local Government law. The Electoral Act 1992 provides for postal (Mr. N. Ahern): In July 2004, my Department voting by wholetime members of the Defence introduced a special programme for the instal- Forces, members of the Gardaı´, and Irish diplo- lation of central heating in local authority rented mats serving abroad and their spouses. Sub- dwellings. Local authorities were advised that the sequent legislation enacted by the Oireachtas has choice of heating system and associated improve- extended postal voting to other categories: elec- ments in thermal insulation was a matter for tors living at home who are unable to vote determination by the authority with reference to, because of a physical illness or a physical dis- the expected capital and running costs, including ability (the Electoral (Amendment) Act 1996); servicing and management and maintenance costs electors whose occupation, service or employ- as well as the preference of the occupants. In ment makes it likely that they will be unable to addition, the environmental benefits of the vote in person at their local polling station on pol- chosen system e.g. reduction in CO2 emissions ling day — in these cases, the law provides for were also to be borne in mind. completion of the necessary voting docu- Prior to this initiative, my Department has mentation at a Garda station (the Electoral Act required since 1994 that central heating be pro- 1997); full-time students registered at their home vided in all new local authority dwellings and 1683 Questions— 15 February 2007. Written Answers 1684

[Mr. N. Ahern.] A number of pilot projects, supported by the included in the overall cost of schemes. Local Department, in relation to the provision of alter- authorities are also required to comply with the native energy for social housing are currently Building Regulations, the Department’s guide- underway. When these are completed and the lines and other statutory requirements when results assessed, a decision will be made on the installing central heating in dwellings. future direction of policy in this area.