Vol. 627 Thursday, No. 5 16 November 2006

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Thursday, 16 November 2006.

Visit of Vietnamese Delegation …………………………1369 Requests to Move Adjournment of Da´il under Standing Order 31 ………………1369 Order of Business ………………………………1371 Noise Bill 2006: First Stage ……………………………1381 Europol (Amendment) Bill 2006 [Seanad]: Second Stage ………………………………1381 Referral to Select Committee …………………………1404 Industrial Development Bill 2006: Order for Second Stage ……………………………1404 Second Stage ………………………………1404 Referral to Select Committee …………………………1447 Ceisteanna — Questions Minister for Defence Priority Questions ……………………………1447 Other Questions ……………………………1460 Adjournment Debate Matters ……………………………1476 Adjournment Debate Hospital Services ………………………………1476 Science Strategy ………………………………1484 Questions: Written Answers ……………………………1489 1369 1370

DA´ IL E´ IREANN beyond 25 November thus disenfranchising hun- dreds of thousands of voters? ———— Ms C. Murphy: I seek the adjournment of the De´ardaoin, 16 Samhain 2006. Da´il under Standing Order 31 to debate the fol- Thursday, 16 November 2006. lowing urgent matter: the imminent diversion of 6,000 vehicles to the M50 when the port tunnel ———— opens in December leading to predictable chaos on the M50 and surrounding outer feeder roads, Chuaigh an Ceann Comhairle i gceannas ar which requires an emergency response involving 10.30 a.m. the immediate lifting of the toll barriers. If the Government is unwilling to do this, it can at least ———— pay the tolls for commuters until the barriers go in 2008, the annual estimate for which is dwarfed Paidir. by the stamp duty paid in areas serviced by the Prayer. toll bridge. It is time to give something back to those crippled by sky-rocketing house prices and ———— epic commutes. The Government must pay the tolls and lift the barriers now. Visit of Vietnamese Delegation. Dr. Cowley: I seek the adjournment of the Da´il An Ceann Comhairle: On behalf of the under Standing Order 31 to debate the following Members of Da´il E´ ireann, I offer a ce´ad mı´le urgent matter: the abdication by the Government fa´ilte — a most sincere welcome — to Madame of its care of older people with high dependency Ninh, vice-chair of the foreign affairs committee needs as manifested by its lack of confidence in of the National Assembly of the Socialist some private nursing homes, and the need for the Republic of Vietnam, and her delegation. I hope State to take over and fully fund all high depen- the delegates find their visit enjoyable, successful dency care for older people in accordance with and to our mutual benefit. their legal entitlement, whether such persons are located in State institutions or private nursing Requests to move Adjournment of Da´il under homes, and to encourage not-for-profit com- Standing Order 31. munity alternatives for older-person care. Mr. F. McGrath: I seek the adjournment of the Da´il under Standing Order 31 to debate the fol- Mr. Gogarty: I seek the adjournment of the lowing urgent matter: the need to end the long- Da´il under Standing Order 31 to debate the fol- running controversy over the Niemba massacre of lowing urgent matter: the chronic traffic conges- Irish soldiers in the Congo on 8 November, 1960, tion in Clondalkin, Lucan and other towns sur- where nine men lost their lives, and support rounded by the N7, M50 and N4, which is Private Thomas Kenny and Private Joseph impacting on the daily lives of tens of thousands Fitzpatrick, survivors of the massacre, on this of people, interfering with national economic matter; and for the House to pay tribute to all activity and costing the State money through lost Irish United Nations soldiers who lost their lives productivity; and the need for the Government to while serving for international peace. inject a new sense of urgency into tackling the gridlock by providing additional buses, the early Mr. P. Breen: I seek the adjournment of the electrification of the Kildare route as far as Da´il under Standing Order 31 to debate the fol- Adamstown by 2011 not 2015, and the early con- lowing urgent matter: the immediate need to struction of the interconnector between Heuston provide Doolin coast guard search and rescue Station and Spencer Dock. If these actions are service with a new station at Doolin following the not taken, the gridlock will continue for another three recent drownings in County Clare. generation.

Mr. McCormack: I seek the adjournment of the Mr. Gormley: I seek the adjournment of the Da´il under Standing Order 31 to debate the fol- Da´il under Standing Order 31 to debate the fol- lowing urgent matter: the small window of oppor- lowing urgent matter: the revelation that admis- tunity available for amendments to the electoral sions have been suspended by the HSE for five register which, coupled with a high level of inac- nursing homes in the Dublin area, the fact that so curacy on the register despite the recent advertis- few inspection reports are available on the Inter- ing campaign, poses a threat to the integrity of net and the need for the Minister for Health and the results of the next general election. Despite Children to make an immediate statement on the fact that the draft register is only now avail- what she knew about the state of our nursing able in most local authorities, giving less than two homes, how she intends to tackle the serious weeks for corrections, why has the Minister for problems in them and when she intends to intro- the Environment, Heritage and Local Govern- duce a robust and fully independent inspection ment refused consistently to extend the deadline system. 1371 Order of 16 November 2006. Business 1372

Mr. Cuffe: I seek the adjournment of the Da´il pendent nursing homes inspections be under Standing Order 31 to debate the following introduced? urgent matter: the need, in the absence of any Over the past few weekends Deputy substantial commitment to reduce greenhouse gas O’Donnell and Senator Minihan have been far by the Minister for the Environment, Heritage more active than the Ta´naiste in respect of his and Local Government at the UN climate change tax policy on stamp duty. Does the Ta´naiste still summit in Nairobi, for the Government to com- believe the Government does not require \2.5 mit itself to clear and binding annual targets to billion in stamp duty revenue? reduce our greenhouse gas emissions and depen- dence on imported energy. Mr. F. McGrath: We will give the Government a shopping list. Mr. Healy: I seek the adjournment of the Da´il under Standing Order 31 to debate the following An Ceann Comhairle: I suggest Deputy Kenny urgent matter: the need for the Minister for the submits a question to the line Minister. There is Environment, Heritage and Local Government to no provision for Leaders’ Questions on Thursday. approve immediately the Clonmel wilderness- Carrigeen regeneration scheme to improve physi- Mr. Durkan: The Ta´naiste has spoken publicly cal infrastructural and tackle environmental on it. issues in the area; and to ask the Minister to make a statement on the matter. Mr. Kenny: Is the Ta´naiste proposing to include this in the Finance Bill next year? When An Ceann Comhairle: Having given the will the U´ dara´s na Gaeltachta Bill be published? matters full consideration, I do not consider them It was promised in 2004 and is on the list of prom- to be in order under Standing Order 31. ised legislation.

Order of Business. The Ta´naiste: Regarding the health Bill, the Taoiseach has indicated three times over the past The Ta´naiste: It is proposed to take No. 1, Europol (Amendment) Bill 2006 [Seanad] — few days that it is being drafted. It was the subject Second Stage; and No. 4, Industrial Development of extensive consultation, the heads of the Bill Bill 2006 — Order for Second Stage and Second were published last March and it will be dealt Stage. with when the Da´il resumes in the new year. The extensive consultation process elicited a large An Ceann Comhairle: There are no proposals number of public submissions on the draft heads to put to the House on the Order of Business. of the Bill. While I appreciate that the Deputies opposite have other things to do, no input was Mr. Kenny: Yesterday, the Ta´naiste viewed received from any political party in the course of with disbelief the information provided by Oppo- the valuable public consultation. sition Members on the closing down of nursing homes. It seems the Government is terrified of Ms O. Mitchell: We are the representatives the truth of these matters emerging. I understand here. the HSE announced this morning that no patients ´ should be accepted by four further nursing The Ta´naiste: In respect of the Udara´sna homes. Gaeltachta Bill——

An Ceann Comhairle: Does Deputy Kenny Mr. Durkan: Typical. have a question appropriate to the Order of Business? The Ta´naiste: ——it is expected next year.

Mr. Kenny: When these are added to the Mr. Kenny: We were not asked. This is the expose´ by Deputy O’Dowd last night of a further forum we must use because of the secret way the case, which made a mockery of the Minister’s Government does business. statement yesterday, it appears this matter is very serious. Mr. D. Ahern: Deputy Kenny was caught out.

An Ceann Comhairle: We cannot have a Mr. Durkan: The Ta´naiste has opinions on debate on the matter. As the Deputy knows, it everything. was discussed for three hours over the last two nights and was the subject of Leaders’ Questions Ms McManus: The Ta´naiste is now taking on on Tuesday and Wednesday. There is no pro- the Taoiseach’s practice of blaming the Oppo- vision for Leader’s Questions on Thursday. sition. We are Members of this House and legis- lators. The Government embarked on a lengthy Mr. Kenny: It is a sad day when the Opposition consultation process. As a result there is no legis- as distinct from the Government has to deal with lation in place to protect the elderly from insti- this. When will the legislation governing the inde- tutional abuse. That is the legacy of the Govern- 1373 Order of 16 November 2006. Business 1374 ment for which the Ta´naiste must take Mr. D. Ahern: Which party was that? Deputy responsibility. McManus was in many parties, including the Workers Party, Democratic Left, New Agenda Mr. J. O’Keeffe: Whose fault is that? and now the Labour Party.

An Ceann Comhairle: Sorry, Deputy, we Mr. F. McGrath: The Minister, Deputy Dermot cannot have a debate on it. Ahern, should not forget about the trees in north Dublin. Ms McManus: I have not finished. Mr. McCormack: The Ta´naiste was in Fine An Ceann Comhairle: Deputy McManus is out Gael then. of order. The Ta´naiste: On the High Court decision on Ms McManus: I am not order of order. frozen embryos, the Ta´naiste has instructed officials in her Department to commence—— An Ceann Comhairle: The Chair has ruled. We cannot have an omnibus question time, nor can Mr. Howlin: You are the Ta´naiste. we have Second Stage speeches. (Interruptions). Ms McManus: I am not out of order. I have two questions on promised legislation and I intend to The Ta´naiste: Sorry, the former Ta´naiste. ask them. We were promised the health Bill in 2006 to protect elderly people from institutional Mr. Durkan: The Ta´naiste is having a bad hair abuse. Will that legislation not appear until 2007? day. His memory serves him correctly. In the meantime, can we not have a short emer- gency Bill to at least give the authority that is The Ta´naiste: I am glad that my innate humility in place, HIQA, some power to protect elderly comes out yet again on this occasion. residents of nursing homes? The Ta´naiste might remember that the House was recalled to pass Mr. Kehoe: The Ta´naiste should stop before he emergency legislation to bail out Mr. Larry puts both feet in it. Goodman. Are we not in a position to protect our elderly by introducing emergency legislation? The Ta´naiste: The Minister for Health and Children has instructed her officials to commence Mr. Stagg: Hear, hear. drafting the legislation to deal with this matter. A commission examined the matter, as did an Ms McManus: Does the Cabinet have the cour- Oireachtas committee, a sub-committee of which age to deal with patient safety in respect of fer- produced a draft report. Legislation will be put in tility clinics? The High Court decision has opened place. It is not a question of political cowardice, a door that enables the Government to introduce this is a delicate issue in which there are a variety promised legislation to regulate assisted human of interests. Many people will be dissatisfied with reproduction, in vitro fertilisation. There are no the outcome of whatever legislation is put in regulations, protections or safeguards at present, place. which is a most serious lacuna in our legislation. Will the Ta´naiste assure us that promised legis- Ms McManus: This is about patient safety. lation will be fast-tracked so that the Bill will be published in early 2007? The Ta´naiste: It is about more than patient The Ta´naiste: The legislation I mentioned will safety, it is about ethical issues to deal with be published this session and debated as soon as embryos, and that is not a patient safety issue the Da´il resumes after Christmas. It is not a good alone. idea to put aside this Bill and pass emergency legislation. Ms McManus: Patients cannot be put at risk because of the Government’s irresponsibility, and Ms McManus: I am not saying that. that is what we are talking about.

Mr. Howlin: The Ta´naiste can do two things An Ceann Comhairle: We cannot have a at once. debate now. Allow the Ta´naiste to continue.

The Ta´naiste: When Deputy McManus’s party The Ta´naiste: The Minister for Health and was in power, no progress was made. Children is determined to deal with the regu- lation of fertility clinics. (Interruptions). Ms McManus: What about the Cabinet? Will Ms McManus: These parties have been ten the Ta´naiste assure us the Cabinet will not delay years in government. this? 1375 Order of 16 November 2006. Business 1376

The Ta´naiste: The entire Cabinet is so deter- The Ta´naiste: Legislation is not required mined. There is no political reluctance to deal because the public and private sectors are putting with this issue. unprecedented resources into nursing homes, and anything that encourages more money to be Mr. Stagg: Why has it not been done before invested is a good thing, not a bad thing. now? Mr. English: It is taxpayers’ money. Mr. D. Ahern: It is very complex. Mr. Gormley: Patients are lying in their own The Ta´naiste: A commission on assisted repro- urine. duction reported—— Ms O. Mitchell: The Ta´naiste is aware that Mr. Stagg: Why did the Government not do traffic conditions around the city are deteriorat- its business? ing at present. The metro Bill was promised last year for publication this year. Although it was to The Ta´naiste: ——a committee of this House streamline procedures and reduce costs, it prepared a report on the issue and legislation will appears to have disappeared from the agenda. Is be published. I do not see the problem Deputies it to be published or will it ever be dealt with? It have with this matter. was to be published this year, but 2006 is now drawing to a close. Ms McManus: Does the Ta´naiste expect the legislation to be published before the election? The Ta´naiste: The Dublin transportation auth- ority legislation is due for publication this session. The Tanaiste: I do. ´ The Planning and Development (Strategic Mr. J. O’Keeffe: Let us not hold our breath. Infrastructure) Act 2006 overtook the particular Bill to which the Deputy referred. Mr. Gormley: Given the horrific problems in our nursing homes, does the Ta´naiste intend to Mr. Costello: Although Ruhama and the reconsider legislation in respect of tax relief for Ta´naiste’s Department have highlighted the the owners of nursing homes? It is the Govern- incidence of trafficking of human beings across ment’s profit before people philosophy that is the Europe and from other quarters, there is no legis- root cause of this. lation on the Statute Book here. Moreover, the Convention on Action against Trafficking in An Ceann Comhairle: Is legislation promised? Human Beings, agreed by the Council of Europe We cannot have a debate on the matter. two years ago, has not been signed off by the Ta´naiste’s Department. Is Ireland likely to sign Mr. Gormley: People are cutting corners in that convention? Is the Ta´naiste likely to induce nursing homes to make money at the expense of the Government to sign it? This has been waiting the most vulnerable people in Irish society. The for signature for two years. Is the Ta´naiste likely philosophy of the Government has led to this to introduce legislation that would deal with and problem. combat trafficking in human beings?

An Ceann Comhairle: As the Chair has The Ta´naiste: The legislation in question is at pointed out, this matter was discussed for three an advanced stage of drafting and will be intro- hours over the past two nights and it was the sub- duced early next year. This will enable Ireland to ject of Leaders’ Questions. There is no provision sign all the relevant conventions. for Leaders’ Questions on Thursday. Ta´naiste, is legislation promised? Caoimhghı´nO´ Caola´in: Given that the Government is embarking on one of the most far- The Ta´naiste: No legislation is promised. Yet reaching developments ever in the health service, again, ideology is blinding Deputy Gormley to namely, the co-location of ten private hospitals at the reality. public hospital sites, and that there is no mandate or legislation for this—— Mr. Boyle: Whose ideology? The Ta´naiste is sponsoring bad practice. An Ceann Comhairle: Does the Deputy have a question on legislation? Mr. Gormley: Your right wing ideology is lead- ing to this problem. Caoimhghı´nO´ Caola´in: Yes. I want——

The Ta´naiste: Let me answer. There is no point An Ceann Comhairle: He should come directly in behaving like a fascist over there. to the question.

An Ceann Comhairle: If the Ta´naiste addresses Caoimhghı´nO´ Caola´in: Specifically, in respect his remarks through the Chair it might be easier of this important matter, will the Government to control the disorderly Deputies. facilitate a proper debate in this Chamber? 1377 Order of 16 November 2006. Business 1378

An Ceann Comhairle: Is a debate promised? An Ceann Comhairle: Sorry, I call Deputy Gogarty. The Ta´naiste: A debate is not promised on that issue. Mr. Gogarty: Deputy Gormley and I are quite alike. We could be twins. An Ceann Comhairle: If a debate is not prom- Will the student support Bill be published ised, it is a matter for the Whips. I call Deputy before Christmas? If so, in the Ta´naiste’s esti- McCormack. mation, will all Stages of the Bill be passed before next June? Caoimhghı´nO´ Caola´in: Will a debate be pro- vided for it? It is of great importance and—— The Ta´naiste: The commitment is to publish the Bill this session so that it can be debated by An Ceann Comhairle: Sorry, Deputy, unless a the House in the coming session. debate is promised it is not appropriate to raise it on the Order of Business. Mr. Gogarty: Before Christmas. ´ Caoimhghı´nOCaola´in: ——it must be recog- Mr. Timmins: Are there are any guidelines in nised by the Government that this is of such place to advise Ministers as to the events or import that it deserves—— launches in which they should participate?

An Ceann Comhairle: I call Deputy An Ceann Comhairle: It does not arise on the McCormack. Order of Business. ´ Caoimhghı´nOCaola´in: ——such address in Mr. Timmins: Does the Ta´naiste have any view this Chamber. on the decision of the Minister for Defence to attend a book launch about the late Sea´n An Ceann Comhairle: The Deputy knows how South—— to go about it. I call Deputy McCormack. An Ceann Comhairle: This does not arise. I call Mr. McCormack: On promised legislation, is Deputy McEntee. the Ta´naiste aware of the difficulties being experienced by many pharmacists because of the Mr. Timmins: ——from which he withdrew fol- delayed introduction of the pharmacy Bill? Some lowing advice from his officials? Has the Ta´naiste non-Irish trained pharmacists are having their any comment? rights of supply and contracts with the Health Service Executive withdrawn because of the An Ceann Comhairle: I call Deputy McEntee. Government’s delay in introducing the Bill. Will Deputy Timmins must find another way to raise it be introduced this session? this matter. The Ta´naiste: The answer is “Yes”. Mr. Timmins: Had the Ta´naiste any input into Mr. Durkan: In view of the absence from the the advice given? This was another gaffe by the Order Paper of the postal services Bill, is it Minister for Defence, Deputy O’Dea. He sug- intended to re-introduce the Bill? Perhaps the gested a different approach to the taxi drivers of Ta´naiste will share his vision for the future Limerick than would apply in Dublin. Perhaps he development of the postal services. He usually takes different approaches to launching books in shares his views on most matters. Limerick and Dublin.

An Ceann Comhairle: The Ta´naiste, on An Ceann Comhairle: Deputy Timmins is legislation. being disorderly. I ask the Deputy to allow his colleague, Deputy McEntee, to speak. The Ta´naiste: While I would be glad to share my views on this matter with the Deputy, I will Mr. Durkan: The Ta´naiste is raring to go. do so afterwards. Mr. Timmins: He is a multifaceted Minister in Mr. Durkan: The Ta´naiste should be brave. a multifaceted Government. Had the Ta´naiste an input into the decision to induce him to pull out? The Ta´naiste: No legislation is promised. Mr. O’Donoghue: I believe he is a Garryowen An Ceann Comhairle: I call Deputy Gormley. man.

Mr. Gormley: I did not indicate. An Ceann Comhairle: We will be obliged to move on to the next business—— Mr. Gogarty: Perhaps the Ceann Comhairle was referring to me. Mr. Timmins: Had the Ta´naiste no input? 1379 Order of 16 November 2006. Business 1380

An Ceann Comhairle: ——unless he allows his to enshrine the rights of the child in clear form in colleague, Deputy McEntee, to speak. the Constitution. Since the Taoiseach set a dead- line of March, when will the enabling legislation Mr. Timmins: The Ta´naiste is always quick to be introduced? What consultation process is comment on such matters. Did he advise the envisaged between now and then regarding the Minister for Defence, Deputy O’Dea, to pull out? amendment’s wording?

An Ceann Comhairle: Deputy Timmins, please The Ta´naiste: The Taoiseach has indicated his resume your seat. willingness to promote such a referendum, if there is a wording that attracts general support. Mr. Timmins: Did the Ta´naiste advise him? Mr. Howlin: If. An Ceann Comhairle: I call Deputy McEntee.

Mr. Timmins: This is the first time I have ever The Ta´naiste: He will also engage in a wide- silenced—— spread process of consultation. His commitment to address this issue was welcomed by all parties, Mr. Durkan: The Ta´naiste wishes to talk. including that of the Deputy.

Ms O. Mitchell: He definitely wants to say Mr. Howlin: To clarify, there was a wide wel- something. come for the Taoiseach’s proposal. A qualifi- cation has now been introduced by the Ta´naiste. An Ceann Comhairle: I call Deputy McEntee. Does the Government intend and has the Government decided to introduce legislation to Mr. McEntee: On the road safety Bill, Deputies enable a referendum to take place to enshrine the are contacted on a daily basis in respect of road rights of the child? safety outside schools, particularly those on major roads. This is a serious issue. Will the Govern- The Ta´naiste: While the Taoiseach has indi- ment consider handing the matter over to the cated he is prepared to amend the Constitution, Road Safety Authority, to ensure that our chil- he wishes to engage in a process of consultation. dren, both inside and outside schools, will be On a matter of constitutional importance, one safe? does not simply state that something will be put into the constitution, no matter—— An Ceann Comhairle: It does not arise. I sug- gest the Deputy submits a question to the line Mr. Timmins: That is what he said. Minister. I call Deputy Boyle. The Ta´naiste: No, one does not. He stated he Mr. McEntee: I did. This issue pertains to the would engage in a process of consultation. If, hav- road safety Bill. ing welcomed his announcement, the Deputies opposite have some input on this matter, the Mr. Cullen: The Deputy should induce the Government would be glad to have it. county councils of which his party has control to do their work. Mr. J. O’Keeffe: Can Members see details of his proposals? Mr. McEntee: Children risk their lives on a daily basis. Mr. Howlin: This is a step backwards. An Ceann Comhairle: The question should be raised under the Bill, or raised directly with the Ms Burton: In last year’s budget, the Minister line Minister by way of a question. for Finance abolished the levy on bank profits and instead promised Members the development Mr. Boyle: I refer to a number of court cases of a social fund for social capital. Nothing has taken by people seeking to buy local authority been heard about this, although the Minister has accommodation and apartments in particular, promised action on it—— most recently including some of the Ta´naiste’s own constituents in Ringsend. What priority is An Ceann Comhairle: Is legislation promised? being given to the proposed housing (miscellaneous provisions) Bill? Will the Govern- The Ta´naiste: No. ment present the Bill before the House rises next year? Ms Burton: ——on several occasions.

The Ta´naiste: That legislation will be published An Ceann Comhairle: No legislation is next year. promised.

Mr. Howlin: At the Fianna Fa´il Ard-Fheis, the Ms Burton: This year, the banks have Taoiseach promised a constitutional referendum announced even greater record profits. They 1381 Europol (Amendment) Bill 2006: 16 November 2006. Second Stage 1382 received a present last year of an extra \300 Europol (Amendment) Bill 2006 [Seanad]: million. Second Stage. Ta´naiste and Minister for Justice, Equality and An Ceann Comhairle: Deputy Burton—— Law Reform (Mr. McDowell): I move: “That the Bill be now read a Second Time”. Ms Burton: What is the Government’s posi- The objective of this Bill is to give effect in our tion? This was promised. domestic law to three protocols to the Europol Convention. The protocols, dated 2000, 2002 and An Ceann Comhairle: I suggest Deputy Burton 2003, relate to the competence of submits a question to the line Minister. We are 11 o’clock Europol in the area of money-laun- finished. dering, as well as clarification of cer- tain matters concerning joint investigation teams, Mr. Kehoe: I refer to two items of legislation. and the streamlining of certain matters relating When will legislation be introduced to establish to the internal working of Europol. This Bill will the national consumer agency on a statutory foot- enable the protocols to have the force of law in ing, in light of the recent 34% increase in gas the State and will amend, for that purpose, the prices? Europol Act 1997. The three protocols will then become Schedules to the 1997 Act. An Ceann Comhairle: Is national consumer Before discussing the protocols in more detail, agency legislation promised? I will discuss Europol and its development since the Europol Convention came into force in this Mr. Kehoe: I refer to the revelation that there jurisdiction in 1998. In tackling organised crime, will also be an 8% increase in gas supply charges access to intelligence and information is essential, and a 20% increase in electricity charges in the both in the domestic and the international arena, new year. and is of crucial importance when tackling serious crime, including terrorist offences, which usually An Ceann Comhairle: It does not arise on the involve networks of people in several countries Order of Business. who are very well resourced, both financially and as regards technical know-how. In this situation, Mr. Kehoe: Moreover, there has been much co-operation between police administrations across national borders is needed to tackle crimes blunder and bluster by the Government in of this nature in an effective way. The Europol respect of the sale of alcohol to young people and Act 1997 gave the force of law to the convention underage drinking. When will the proposed sale on the establishment of a European Police Office, of alcohol Bill be introduced? or Europol Convention. Europol was established to operate as a support service to police services An Ceann Comhairle: We are moving on. in all member states with the primary task of faci- litating the exchange of information and intelli- Noise Bill 2006: First Stage. gence between law enforcement authorities, as Mr. Cuffe: I move: well as carrying out detailed analyses in respect of the crimes within its remit. In general terms, That leave be granted to introduce a Bill the Europol Convention provides for member entitled an Act to provide for effective control states to forward information to Europol con- of noise emitted from various sources, powers cerning persons who are suspected of having to seize offending equipment and related committed or taken part in criminal offences in matters. respect of which Europol is competent or who have been convicted of such offences. The primary purpose of Europol is to facilitate the An Ceann Comhairle: Is the Bill opposed? exchange of information and intelligence, as well as certain analytical work, in order to assist the Minister of State at the Department of the member states in preventing and combating Taoiseach (Mr. Kitt): No. serious international organised crime. Europol does not have any executive power. It Question put and agreed to. is simply a support service for police and other law enforcement agencies in its member states. An Ceann Comhairle: Since this is a Private Europol generally acts on request from police Members’ Bill, Second Stage must, under Stand- services in the member states. There are precon- ing Orders, be taken in Private Members’ time. ditions to be established before Europol can become active in a case. The investigation must Mr. Cuffe: I move: “That the Bill be taken in involve two or more member states, there must Private Members’ time.” be an organised criminal network implicated and, of course, the matter must be within Europol’s Question put and agreed to. remit. 1383 Europol (Amendment) Bill 2006: 16 November 2006. Second Stage 1384

[Mr. McDowell.] the Attorney General has advised that these pro- While Europol does not have any operational tocols should be given effect by way of amend- powers, its purpose is to support national law ment to the Europol Act 1997 in primary legis- enforcement authorities and to facilitate EU lation. Enactment will allow Ireland to continue police co-operation. Ireland has liaison officers to fulfil its international obligations. Their effect posted to Europol to assist in the exchange of will be to extend the mandate of Europol to clar- information and analysis work and under the con- ify certain powers and streamline its work. vention, each member state is required to estab- However, I emphasise that the passing of this Bill lish a national unit to act as a centralised contact will not alter in any substantive way the structure point for all communications with Europol. The of Europol. Garda Sı´ocha´na provides practical support to The Bill under consideration is divided into Europol through the exchange of intelligence and five sections. Section 1 amends section 1(1) of the participation in analytical work for purposes of Europol Act 1997 by adding definitions for the contributing to the objectives of Europol. I pay 2000, 2002 and 2003 protocols. Section 2 amends tribute to the gardaı´ for their work in this regard. section 2 of the Europol Act 1997 to give the I will briefly discuss the recent Irish experience force of law in this State to these three additional of Europol. In Ireland, I am informed that the protocols and to provide for judicial notice to be subject of the requests dealt with by the Garda taken of them. The first of the three protocols, Liaison Bureau tends to be transactions linked to that of 30 November 2000, extends the com- serious crime such as fraud. This is in contrast to petence of Europol to money laundering, regard- the situation a number of years ago where the less of the type of offences from which the laun- predominant area of activity was in transactions dered proceeds originate. The detection and related to drugs. Nevertheless, the fight against control of money laundering is a key element in drug-related crime is still a significant part of the the fight against terrorism and organised crime interaction between the Garda Sı´ocha´na and and it is essential that Europol is armed with the Europol. One example was the case of an inter- powers necessary to ensure it operates effectively national gang of drug smugglers which was inter- in this sphere. The issue of illegal money laun- cepted with a substantial cache of ecstasy tablets, dering has rightly acquired a more central role in resulting in a number of significant arrests, fol- Europol’s work. We are all aware that devel- lowing intelligence received via the Europol opments in modern technology mean that vast network. sums of money can be transferred in a matter of The effectiveness of Europol is, of course, seconds through several countries by electronic dependent on the nature and extent of the infor- transfer through an intricate series of financial mation which it obtains. In this regard, it is very transactions. important that adequate safeguards are in place The second protocol, dated 28 November 2003, to guarantee the confidentiality, security and clarifies certain powers in respect of the partici- accuracy of the information exchanged and pation in joint investigation teams and the privil- shared. The Europol Convention provides for eges and immunity applying to members of Euro- particular safeguards for this purpose. It acknowl- pol. It is important that maximum benefit is edges that particular attention must be paid to the derived from co-operation between member privacy rights of individuals and the protection states when investigating cross-border crime. Pro- of personal information, requiring each member vision for officials of Europol to participate in a state to provide for the application of data protec- support capacity in joint investigation teams is tion law in regard to information processed provided for in Article 1 of the Framework through the Europol system. In this connection, Decision of 13 June 2002 on Joint Investigation the Bill contains an amendment to the Europol Teams and under Article 13 of the convention of Act 1997, providing that the Data Protection Acts 29 May 2000 on Mutual Assistance in Criminal 1988 and 2003 apply in respect of the processing Matters between Member States of the European of information relating to individuals which is Union. The protocol in question clarifies liability processed automatically at Europol. The Data and privilege in respect of Europol’s participation Protection Commissioner is designated under the in such teams. The third protocol under consider- Europol Act 1997 as the supervisory body in the ation, dated 27 November 2003, streamlines the State for purposes of that Act and of the Europol internal working of Europol, particularly in Convention. The functions of the Data Com- respect of liaison procedures and analysis and the missioner, pursuant to Article 23 of the conven- processing of data. tion, include independent monitoring and super- As I mentioned earlier, section 3 of the Bill vision of the activities of the national unit within amends section 6(1) of the Europol Act 1997 by the Garda Sı´ocha´na, which was established under providing that the Data Protection Acts 1988 and section 3 of the Europol Act 1997, in so far as 2003 apply for the purposes of the Europol Act these activities are of relevance and relate to the 1997, the Europol Convention and the five proto- protection of personal data. cols to the convention in respect of the retention, Turning to the detail, the Bill, when enacted, use or disclosure of certain information relating will enable Ireland to ratify three additional pro- to individuals that is processed automatically at tocols to the Europol Convention. The Office of Europol. This section was introduced at the 1385 Europol (Amendment) Bill 2006: 16 November 2006. Second Stage 1386 suggestion of the Office of the Parliamentary of our weekend news diet. I checked the figures Counsel to clarify that the Data Protection Acts and note that during the past four years, which is apply for the purposes of the protocols, as well as roughly the period since the Minister for Justice, the convention itself. Equality and Law Reform has been in office, 188 Section 4 provides for the addition of the three people were murdered or killed violently here, protocols in both the English and Irish languages and the numbers are increasing rather than as Schedules to the Europol Act 1997, while decreasing. The figure this year is exceptionally section 5 contains the short title of the Bill. The alarming. Many of these people owe their debts protocols in question will, on the passing of this to international criminals who supply unscrupu- Bill into law, become Schedules to the Europol lous Irish murderers with dangerous and illegal Act 1997 and will allow Ireland, subject to weapons. Government approval, to ratify them. In that context, I supported the idea of an arms The Europol Convention provides a frame- amnesty and I am disappointed so few of those work for law enforcement co-operation in the dangerous and illegal weapons were handed up. field of international organised crime. It provided Perhaps an issue for further discussion or separ- for the establishment of Europol in October 1998, ate debate at a future date should be how an following ratification of the convention by all effective amnesty could be introduced that would member states, including Ireland. reach the criminal elements and result in the A number of other bodies operating in the area handing up of the tens of thousands of illegal of law enforcement and security, such as Euro- weapons that appear to be in the country. That just, CEPOL and FRONTEX, have been estab- does not arise in the context of this debate. lished. In the context of the changing envir- However, I share the same objective as the Mini- onment, the Austrian Presidency of the Council ster in this respect and I am sad it was not launched a political debate on the framework and realised. objectives of the further development of Europol Returning to the Bill, Europol is the European at the informal meeting of ministers, which was law enforcement organisation that handles crimi- held in Vienna in January 2006. On that occasion, nal intelligence. Its mission is to assist the law ministers were invited to discuss how Europol enforcement authorities and member states in could be developed further so that the law their fight against serious forms of organised enforcement authorities of member states could crime. Unfortunately, there are no boundaries for derive maximum benefit from any such develop- organised criminal groups, as with the availability ment. At that meeting, ministers gave a clear of modern technology and enormous resources commitment to strengthen Europol and to make these groups are illegally active worldwide. it more effective. I commend this Bill to the Organised crime represents a threat to the struc- House. ture and values of our democratic systems and that affects all European citizens. It affects the Mr. J. O’Keeffe: Currently we hear about security and freedom of all not only our citizens increasing crime rates in this country. There have but citizens elsewhere in the Union. been significant increases in crime over the last Europol is a small organisation. It operates on number of years. Enormous increases of the what is effectively a tiny budget of \65 million. It order of almost 40% have occurred in headline has a staff of slightly more than 500. Given that crime since 2000. International crime is also escal- the European Union has a population of approxi- ating. It makes sense that we strengthen our mately 300,000 million, Europol appears to be a international co-operation measures and the need small organisation with a tiny budget and an to do that has never been as urgent. Not so long enormous mandate. I would have liked Ireland to ago, in a single day \6 million worth of heroin have taken a frontline role in the past in trying was seized in Dublin, which is testament to the to extend Europol’s mandate and give it a more fact that the international drug lords and other effective and broad-ranging role. From that point dangerous criminals are at this stage using Ireland of view, I am encouraged by the confirmation as a extension of their multinational criminal from the Minister that the current Austrian Presi- empires. Never before has Ireland been so vul- dency has launched a political debate on the nerable to undesirable criminal elements. These framework and objectives of the future develop- criminal overlords seek to use the freedom of ment of Europol. I would encourage that debate movement throughout the Union, which I sup- and encourage the Minister, while he has a man- port for lawful activity, for the movement of date, to contribute actively to the development of goods and people to their advantage in distribut- that idea and to offer ideas and support in any ing illegal substances, trafficking human beings way possible towards the strengthening of Euro- and selling firearms, which are too often used by pol, in particular exploring how it can be made the gangs here with impunity. effective. It is important to realise how serious the prob- I did not note from Europol’s personnel figures lem has become. I mentioned lately in response any great indication of an Irish involvement. The to a newspaper article about the latest weekend Minister when replying might outline, from an murder that such murders, varying in number administrative point of view, the Irish personnel from week to week, were becoming a regular part involved, the level they operate at, whether they 1387 Europol (Amendment) Bill 2006: 16 November 2006. Second Stage 1388

[Mr. J. O’Keeffe.] Fine Gael always supports the timely and effec- are Europol liaison or security officers or in what tive integration into Irish law of international capacity they are involved. He might also indicate treaties, protocols and agreements to which we Ireland’s contribution to Europol’s budget of are a signatory in line with our international com- \65 million. mitments. The protocols have existed for a In regard to this Bill, any legislation that helps number of years and enshrining them in national to tackle the problem of organised international law is not before time. Having done so, let us not crime has my support. My main concern is not close the file, but see how much more can be to in any way hamper or hinder the activities of done. We should actively and significantly con- Europol but to explore whether it is sufficiently tribute on the international stage to any develop- developed as an organisation to provide a ment of Europol. sufficient input into the fight against inter- national crime. Mr. O’Shea: Ta´ a´thas orm seans a fha´il chun This legislation specifically strengthens the pa´irt a ghlacadh sa dı´ospo´ ireacht seo ar an mBille international dimension of our policing system, um Europol (Leasu´ ) 2006. Ta´ an Lucht Oibre ag which is to be welcomed. In particular, it gives tabhairt tacaı´ocht don Bhille. Beimid ag cabhru´ the force of law to three protocols concerned with chun an Bille a chur trı´dnaDa´la go tapaidh. international policing co-operation and co-ordi- The first thought which strikes one when con- nation. It is important to use this occasion to sidering the Bill is the length of time it took to seriously reflect on the fact that Europol has been bring it before the Da´il. The three protocols to in place for 15 years since the ratification of the the Europol Convention to be given effect in Irish Maastricht treaty. It has made a contribution in law date from 2000, 2002 and 2003 respectively. helping the European police forces to combat ter- As both the Minister and Deputy O’Keeffe rorism, tackle unlawful drug trafficking and con- pointed out, crime is becoming increasingly inter- front serious forms of international organised national, sophisticated and difficult for national crime. There has probably been insufficient and international law enforcement agencies to debate as to how effective it has been. address. My concern is not to criticise Europol or the Needless to say, giving the appropriate means contribution we make or do not make to it but to to law enforcement agencies to deal with the establish whether it can be developed and made activities of modern criminal gangs as speedily as more effective in the future. The Maastricht possible is imperative. It is incredible and com- treaty was signed in 1992 and at this stage Euro- pletely unacceptable that it took so long to bring pol is co-ordinating the role of police forces rang- before the Da´il the protocol of November 2000 ing from the force in Seville in Spain to, in more extending the competency of Europol to deal recent times, the force in Lithuania. Europol’s with money laundering regardless of the type of mandate has been developed particularly in offences from which the proceeds originate. Tak- recent years. Has the organisation developed ing six years to bring protocols to the Da´il should sufficiently to be able to shoulder that mandate? not be repeated. At the time of the signing of Treaty of Rome The question arises whether primary legislation more than 50 years ago it was difficult to imagine should be required in all instances. Producing that we would be dealing with a Union that would primary legislation puts an additional burden on stretch up to the borders of Russia, Belarus and a system which we all wish would produce Bills the Ukraine, which were not independent states far more quickly. If it is possible to avoid the pro- at that time. In planning ahead we must contem- cedures of taking primary legislation through the plate a Union, if Turkey accedes to it, that would Da´il and Seanad, we should do so. Perhaps we stretch from Mizen Head in my constituency to should consider enabling legislation so matters the Siberian steppes and around to North Africa. such as those in this Bill could be dealt with It would be an enormous area with a massive through less cumbersome procedures. amount of people. I fully support the devel- I understand this Bill has no implications for opments which have taken place in the European national sovereignty. Where future protocols Union. I am more and more enthusiastic about could have such implications or implications for developments such as the European constitution. civil liberties, it is imperative that debates take Those developments bring enormous challenges place in both Houses before final decisions are for administration control. reached. In any case, we must increase the speed It is important to realise it would bring our of parliamentary procedures dealing with proto- borders close to areas where instability is the cols to the Europol convention. The protocols order of the day. Places of such instability are a before the House are non-contentious. The breeding ground for international criminals, some Labour Party will assist and co-operate in their encouraged by state bodies in those countries. It early passage. is incumbent on every member state to ratify the Section 4 of the Bill provides for the three protocols included in the Bill and enshrine them additional protocols in Irish and English to be in national legislation as quickly as possible. I added as Schedules to the Europol Act 1997. I would have preferred this to have been done pre- compliment the Minister on the fact the Irish viously but let us do it quickly now. translation of the protocols is included in the Bill. 1389 Europol (Amendment) Bill 2006: 16 November 2006. Second Stage 1390

I recently suggested to his colleague, the Minister operation in fighting crime. The downside of hav- for Community, Rural and Gaeltacht Affairs, that ing freedom of movement within the European Departments prepare the Irish version in tandem Union is that it has facilitated a big increase in with the English version so delays in publishing cross-border crime. In the context of the emerg- Acts are reduced to a minimum. The matter arose ence of the Single Market and the removal of from a priority question regarding the obligation trade barriers, Justice Ministers across the Union under the Official Languages Act 2003 enacted have become aware that measures to prevent the on 13 July that Acts of the Oireachtas be pub- exploitation of this freedom of movement by lished simultaneously in Irish and English. As the criminals would be needed to protect their citi- Minister is aware, the Criminal Justice Bill 2004 zens from organised crime. completed its passage through the Oireachtas on Europol has contributed to fighting crime. One 5 July 2006. However, the Criminal Justice Act need only examine the organisation’s website to 2006 was not published until 9 October 2006. I see the significant successes it has achieved, am sure the Minister will agree this was an whether in dealing with counterfeit bank notes in unacceptable delay and such delays must be Bogota´ or child trafficking. This form of inter- eliminated. national co-operation has a major role to play in I already complimented the Minister on having the future of the European Union. the translation of the three protocols contained Nevertheless, we need strong safeguards in the Bill. What procedures are in place to regarding the extensive powers we have given finalise the translation into Irish of the remainder and are giving to Europol. It is answerable to the of the Bill? Who will translate it? Was the trans- Council of Justice Ministers and there is a finan- lation of the protocols carried out within the cial audit of the organisation also. Europol is not Department or was outside assistance required? completely above criticism, however, and con- The explanatory memorandum states the finan- cerns have been expressed over some internal cial implications are minimal. Does the Minister issues in the organisation. I suppose problems will have a figure for the cost of the translation of the be encountered in any large organisation which three protocols into Irish? has a significant annual budget and employs hun- Regarding crime and terrorism, we read dreds of people. In general, however, it is reports that money emanating from terrorist and important to emphasise the constructive role that gang criminal activity ends up in Dubai. Are the Europol has played. Obviously, there are real money laundering proposals before us late in the issues concerning data retention and information day? If the money goes beyond the EU, by defini- exchange which need to be taken into account in tion it goes beyond the reach of Interpol. Are any discussion of the organisation’s activities. efforts being made by Interpol to deal more effec- I note that the Bill, when enacted, will give tively with the fact that money can leave the effect in Irish law to three protocols to the Euro- jurisdiction? pol arrangements, which the Green Party gener- We are all aware of scams where one receives ally welcomes. One of the most important areas an e-mail from people allegedly living in African in which Europol can be of assistance is that of countries. I understand they all emanate from human trafficking. The trafficking of human Amsterdam. I found it extraordinary that UK beings for labour or sexual exploitation is a police estimate the perpetrators of the scam gain serious and rapidly growing worldwide approximately £200 million per annum. On the phenomenon. face of it, one may think it laughable but it is The trade in human beings for financial gain is extremely serious. an extremely lucrative business, with traffickers The Minister informed us legislation on human earning several billion euro a year at the expense trafficking will be published in the new year and of innocent lives. Women’s human rights, in part- this is very welcome. Will protocols be developed icular, are violated when they are bought and so this matter can be more effectively addressed? sold, raped, falsely imprisoned and tortured. It is At present, it seems little regulation or sanction estimated that more than 120,000 women and is available. girls are trafficked into west European countries Outside elements have become involved in every year. marketing drugs in Ireland. Much of this activity Ireland has failed to transpose into law the seems to emanate from outside the borders of the 2002 EU Council framework decision on combat- European Union. How effectively do we pursue ing trafficking in human beings, which obliged all it beyond EU borders? member states to legislate to criminalise the traf- While the Labour Party welcomes the proto- ficking of human beings for exploitation. The cols, something effective must be done urgently deadline for member states to enact this frame- to ensure we avoid the delays to which I referred work legislation was August 2004, over two years earlier. I hope these protocols, as ratified by the ago. Ireland is the only European Union member Government, will be fully effective in Europe in state not to have done so. The Minister has serving their intended purpose. pointed out that the existing legislation is avail- able but it seems odd that Ireland is the only EU Mr. Cuffe: This is an important Bill because it member state not to have transposed the 2002 makes sense to have greater international co- EU Council framework decision on combating 1391 Europol (Amendment) Bill 2006: 16 November 2006. Second Stage 1392

[Mr. Cuffe.] speed with what is happening as regards inter- trafficking in human beings. Europol can do national crime and Europol has a valuable role to much to address this matter but the fight against play in this respect. I am somewhat uneasy about human trafficking begins at home. There is an part of Europol’s backup legislation, which gives onus on the Minister to ensure that the frame- immunity from prosecution to all serving and work decision is transposed into domestic law. retired officers attached to the organisation. On The UN committee on the elimination of dis- behalf of the Green Party, however, I support the crimination against women expressed its concern protocols that will be enshrined in law through about the trafficking of women and girls into the enactment of this Bill. I welcome the Mini- Ireland, the lack of information on the extent of ster’s initiative in this regard. the problem and of specific legislation in the area, and the lack of a comprehensive strategy to com- Mr. Fleming: I welcome the opportunity to bat it. The committee recommended the adoption speak on this Bill and commend the Minister on and implementation of a strategy to combat traf- introducing the matter by way of primary legis- ficking in women and girls, which should include lation. There are three elements to the legislation. preventative measures, the prosecution and pun- First, it will extend the competence of Europol to ishment of offenders, and the enactment of spec- money-laundering activities regardless of the type ific legislation in this area. Women who have of offences from which money-laundering pro- come here and are being exploited are concerned ceeds originate. Second, it will clarify certain that they will be deported if they encounter the powers concerning the participation in joint Garda Sı´ocha´na. While the Garda Sı´ocha´na has investigation teams by members of Europol, and dealt favourably with such cases to date, we need the privileges and immunity applying to members to enact some legislation to protect such people. of Europol. Third, it will streamline the internal Earlier this year, Europol’s first officer in workings of Europol, particularly with regard to charge of combating trafficking, Steve Harvey, liaison procedures and the analysis and pro- warned that Ireland is likely to be at particular cessing of data. risk of being targeted by people traffickers. Mr. I wish to make a few general observations Harvey also pointed out that trafficking is the one about the operation of Europol. Everyone in the crime that must be combated from a human rights House will agree with the need for increased co- perspective, rather than a singular law enforce- operation between European police forces, which ment focus. He said: “I cannot emphasise enough must be fully supported. Other Members have that the only way to stop this bloody awful crime mentioned the need to increase such co-operation is for there to be a multi-agency approach.” not only between European police forces, but Human trafficking is a terrible crime. It requires also internationally, including the USA and other cross-border co-operation through all EU countries. This is relevant in Ireland because member states and beyond. Europol has a valu- many crimes here have an international dimen- able role to play in assisting the Garda Sı´ocha´na sion with roots in the drugs trade. This is because to combat this largely invisible and highly lucra- the drugs trade is highly profitable and people are tive crime which destroys lives. willing to be nasty in pursuit of that money. The This country has also seen a phenomenal rise drugs come to Ireland from a variety of sources in organised gang-related crime. Fuelled by the including Colombia, Mexico and Afghanistan, massive amounts of money to be made from the through Turkey into Spain, Holland other Euro- trafficking and sale of drugs, gangland crimes pean countries. Unfortunately, guns are now part have resulted in a dramatic increase in gun- of this trade which has become more vicious related murders. One-off Garda initiatives aimed recently. at tackling this problem, such as Operation Anvil This is not an academic debate and people at and Operation Crossover, are simply not well a local level will wonder how it relates to them. enough resourced to cope with the highly Gangland feuds in our cities have roots in the developed and sophisticated levels of organised drugs trade and most of the disputes that lead to criminal activity currently gripping certain parts murders stem from disagreements over territorial of the country. rights for the sale of drugs in an area. Mountrath, Europol also has an important role to play in in my constituency, is halfway between Limerick facilitating the exchange of intelligence infor- and Dublin. Serious criminal gangs operate in mation on criminal networks among national those cities and recently Mountrath has emerged police forces. This facilitation will strengthen the as a convenient drop off point for criminals using ability of the Garda Sı´ocha´na to understand how either the train network or the national primary these networks operate and how best to control road network. The situation is being monitored them. by the local gardaı´. Right down to small, rural We need to have strong controls over how towns the source of the product that leads to Europol works, including stronger answerability these crimes is international. People must be from the organisation. We should also be partic- aware that the issue stretches beyond the big cit- ularly sensitive to the retention of data by that ies to every town and village in Ireland and they body. Nonetheless, I welcome the protocols should have no qualms about supporting Europol before the House today. We need to be up to in its efforts to deal with the drugs trade. There 1393 Europol (Amendment) Bill 2006: 16 November 2006. Second Stage 1394 have been spectacular successes in the past and I I fully support this legislation and I believe hope they continue. most crime has an international impact. Most The issue of money laundering constitutes an businesses operate on an international basis so it important part of this Bill because criminals tend is inevitable, as the decades pass, that more legis- not to leave their money sitting in bank accounts. lation of this kind will be passed in this House Banks watch such activities closely, there is sig- and parliaments across Europe. Such legislation nificant money laundering legislation in Ireland will bring about greater co-operation and consist- and they cannot leave it under the floorboards for ency, not only in policing but in sentencing, court long so criminals are compelled to convert cash procedures and the criminal justice system into property or other business assets. This legis- throughout Europe. Ultimately we will be com- lation is important in tackling such issues because pelled to go further afield than the EU because we have all seen the success of the Criminal many of the crimes mentioned have their origins Assets Bureau, CAB, in selling properties outside Europe. belonging to convicted criminals in Ireland. It I look forward to further legislation whereby demonstrates how successful such people have signatories to the Europol Agreement can expect been in establishing businesses and acquiring greater international police co-operation around properties. The legislation in Ireland and at a the world. I commend the legislation to the European level must allow the police to link such House and look forward to its speedy passage. I properties to their source and take the necessary hope it leads to the conviction of criminals in action. Ireland and internationally. The issue of Europol and police forces sharing information relating to mobile phone conver- Mr. G. Murphy: As my colleague Deputy Jim sations may cause some concern. It was widely O’Keeffe stated, the Fine Gael Party is always publicised in the media that a perpetrator of the happy to support the Ta´naiste and Minister for London bombings was traced across Europe by Justice, Equality and Law Reform in introducing legislation that will improve crime detection rates using the signal from his mobile phone and the in this country. International and trans-European police were waiting for him on his arrival by train crime is a serious and increasing problem in in Rome. This is not confidential security infor- Ireland and we have not come to terms with mation as I read this in the media. It is important organised crime emanating from gangs in eastern that such measures be strengthened and Europe. The latest proposed expansion of the EU improved because people may buy disposable to take in Romania and Bulgaria and the freedom mobile phones, they may not register as the of movement involved will add to this problem, owner of the phone and phones can change hands to an extent, and there are serious reservations and be stolen. Facilities must exist giving the regarding the extent of organised crime in these police access to mobile phone conversations. This countries. is something most law-abiding citizens find We must be concerned by the level of home- unsavoury but, if we are to tackle serious crime, grown organised crime and the level of activity compromise on such issues is necessary. Legis- in other European countries, particularly Holland lation must reflect the emergence of new and Spain. We support the Minister in introduc- technologies that did not exist a generation pre- ing legislation to curb crime but legislation alone viously. That Irish people involved in the drugs will not solve our crime problems. If this were the trade have been found dead in places like Spain case Ireland would be a crime free society by this and Holland only highlights the need for this stage as the Minister has spent so much time and legislation. energy putting legislation through the Da´il. People are not engaging in money laundering However, without the proper resources legis- for the good of the drugs trade or to get high on lation cannot succeed and this has been the drugs, they do it for the money involved. I have source of some of our problems recently. been encouraged in the past year to see many Resources must be provided to the Garda in statutory instruments put before the House by the short term and in the long term the underly- the Minister for Finance regarding seizing or ing causes of crime must be addressed. This is freezing certain bank accounts on foot of requests unlikely to happen under the current Govern- from the United Nations. This was carried out by ment as the gap between the rich and poor con- countries throughout the world in order to seize tinues to grow. Resources in education, the most accounts suspected of being held by international important tool in fighting social injustice, are not terrorists. Thousands of accounts have been being provided in the way necessary to facilitate frozen by the Central Bank in Ireland and while an atmosphere in communities that would lead to this may have caused some difficulties, it is a reduction in crime rates. necessary. The Minister has introduced a raft of legis- Recent reports have suggested that seemingly lation but we have yet to see the type of resources innocuous charitable organisations are fronts for provided to the Garda that would make it as suc- sinister people and terrorist groups using Ireland cessful as it could be. The Minister’s handling of to hide money for the purchase of arms and to various issues, specifically the introduction of the finance terrorism. This must come to an end. Garda reserve force, has eroded Garda confi- 1395 Europol (Amendment) Bill 2006: 16 November 2006. Second Stage 1396

[Mr. G. Murphy.] I welcome the decision by the Garda Com- dence in the administration of law and caused missioner and Minister to establish a specialised problems in the police structure. unit to deal with organised crime and liaise and The Fine Gael Party has long argued that com- co-operate with Interpol. This new departure for munity policing is essential. Unless crime is the Garda Sı´ocha´na will require substantial tackled at source by providing social solutions to investment in training. community problems and preventing crime The European Union has never been so vulner- through community policing, we will not make able to criminal elements who will use freedom substantial gains in fighting crime. of movement to maximise their ill-gotten gains in International crime fighting is different and our the trafficking of drugs, guns and human beings. efforts in this area will depend to a large extent Europe’s close proximity to Russia and Africa on how well the national police force is also gives easier access to criminal elements from resourced. The Garda Sı´ocha´na will require a these regions. Given that the problem of inter- range of resources if it is to participate adequately national crime extends far beyond Europe, the in international policing. To communicate prop- Government must provide resources to erly with Interpol and make best use of the adequately deal with the problem. enhanced co-operation proposed in the Bill, the The purpose of the Bill is to give effect in Irish force must be given additional resources, includ- law to three protocols to the Europol Convention ing new technologies and staff with language and 1995, namely, the protocols of 30 November 2000, technical skills. 28 November 2002 and 27 November 2003. The If the concept of the European co-operation is first of these extends the competence of Europol to be successful and the activities of the Garda to money laundering regardless of the origins of are to be integrated with Interpol, substantial the laundered proceeds. The second clarifies cer- resources and imagination will be necessary. Most tain powers regarding participation in joint inves- European police forces have been fighting organ- tigation teams by members of Europol and the ised crime for many years and have acquired privileges and immunity applying to members of experience, structures and state-of-the-art equip- Europol, while the third streamlines the internal ment to deal with the type of criminal involved in working of Europol, particularly in liaison pro- it. This type of crime is relatively new here cedures and the analysis and processing of data. because the Garda has only dealt with the inter- Europol supports law enforcement activities of national dimension of crime for the past decade. members states, primarily those directed at illicit If the section of the Garda dealing with inter- drug trafficking; illegal immigration networks; national crime is as badly resourced as the terrorism; forgery of money, including counter- general force, we still have a great deal of ground feiting of the euro and other means of payment; to make up. trafficking in human beings; child pornography; While I appreciate that the Garda, in co-oper- illicit vehicle trafficking; and money laundering. ation with other European forces, recently Its other main priorities include crimes against achieved some notable successes, particularly in persons, financial crimes and cyber-crime where the area of drug seizures, organised crime is an organised criminal structure is involved in two extremely sophisticated. International criminals or more member states. employ the latest technology and have access to I do not propose to address in detail the other people with language skills and vast experience provisions of the Bill as the Minister covered in international business and banking trans- them adequately. The Europol (Amendment) actions. By matching the resources and personnel Bill 2006 will amend the Europol Act 1997, which available to organised crime, many European was introduced to enable Ireland to ratify the police forces have become more effective in tack- 1995 Europol convention and additional proto- ling this type of crime. cols of 24 July 1996 and 19 June 1997. The Until recently, the Garda Sı´ocha´na did not amendment provided for in the Bill will enable require the specialised resources needed to fight Ireland to ratify three additional protocols of 30 organised crime because of our island status. To November 2000, 28 November 2002 and 27 ensure the force will be able to maintain good, November 2003. The protocols provide for, high level contacts with its European counter- respectively, the extension of the competence of parts, it must be provided with sufficient funding Europol to money laundering regardless of the to procure state-of-the-art technology and origins of the proceeds, clarification on partici- employ personnel with language and technical pation in joint investigation teams by members of skills or experience in banking and international Europol and the privileges and immunities apply- business. Judging by the Government’s track ing to members of Europol, and streamlining the record, it will be many years before these internal workings of Europol, particularly on resources are made available. The Minister must data protection. recognise that, given Ireland’s geographical posi- Since the failure of negotiations on the draft tion and relative lack of experience in fighting European constitution, the European Com- organised crime when compared to countries mission has been examining various approaches such as Italy or Bulgaria, he must immediately to harmonising laws in member states with a view make significant resources available to the Garda. to transferring to the Commission and Parliament 1397 Europol (Amendment) Bill 2006: 16 November 2006. Second Stage 1398 powers currently vested in the Council of Mini- The Bill covers several different areas, includ- sters. There is no doubt that difference in ing money laundering, regardless of the type of member states’ judicial systems hinder the effec- offence. We have seen the Criminal Assets tive implementation of law and the fight against Bureau operate across a broad spectrum. It crime. The Fine Gael Party supports the Mini- started out with the drugs issue but has gone ster’s position that no further justice powers beyond that and its members have displayed should be transferred to the Commission and Par- great bravery in making it such a success. It dem- liament until such time as a comprehensive con- onstrated that good policing is not just about stitution for Europe has been agreed. swapping information. It is about prevention and Appearing before the Joint Committee on headline crimes not taking place, with systems in Justice, Equality, Defence and Women’s Rights place for more than simple co-operation. While yesterday, the Minister admitted that bilateral co- the primary focus at the start of CAB’s existence operation between Ireland and many of our was the drug barons, it had wider significance. neighbours and potential new neighbours is not That success notwithstanding, it is a matter of as good as it should be. In many instances it is concern that drugs are being imported in such questionable if there is any contact at all between large quantities. I try not to be extreme in what I the Garda and some of these police forces. say but I am alarmed at the amount of cocaine Bearing this in mind, there must be a change available in my constituency. That will be a cause in the mindset that exists within the Garda Sı´och- of money laundering in future because it has not a´na. It must realise the implications for the future been seriously tackled. Although drugs such as of trans-European and international crime and ecstasy and cannabis were available, cocaine use must set up systems to allow contact with police is now much more widespread than ever before. forces in every country where the potential for I am concerned about the recent drugs hauls, the spreading of organised crime into or out of which were the largest in the history of the State. Ireland exists. If our gang leaders are becoming The attempt to smuggle \10 million worth of richer as a result of involvement in organised drugs into Ireland from Belgium at Weston Aero- crime in Europe, they will continue to cause drome is particularly worrying. That was foiled major problems in this country. I urge the Mini- through co-operation but the airfield was seen as ster to recognise that the gardaı´ are moving into a soft target. I asked questions earlier this year a new area and that it will be difficult for them because we realised it was a soft target. There to deal with other languages and legal systems. A were 18 customs checks in 12 months, ten of huge number of new personnel with specialised which were previously announced, at that airfield, knowledge in languages, law and business systems in other European countries will be needed if this which has a high level of traffic. This was evident system is to be effective. to me and those living near the airfield, who can Having said that, we will continue to support go to the very edge of the airfield and watch pass- any measures the Minister introduces to honour engers disembarking and getting into taxis. It is our commitments at European level or any laws marketed on the aerodrome’s website that from that will facilitate the enforcement of the law in touchdown to taxi or limousine takes fives this country. minutes, which advertises the lack of security. We are sleepwalking on this issue. Ms C. Murphy: Like most Deputies, I support Streamlining liaison and data analysis will this Bill. I cannot imagine a situation where require resources but it is still not possible to e- people would not want co-operation in our com- mail a Garda station — faxes must be sent mon interest. The explanatory memoranda to the instead. If we are talking about relationships Bill, however, point out that it gives effect to pro- between the Garda Sı´ocha´na and European tocols, some of which are six years old, and is police forces, we must invest in the technology largely a technical Bill. We also do not appear to most people use today. be in any hurry to pass it. Given that we are likely I can see no reason that Operation Airways has to receive more support than we can offer, we not been re-established. Small aircraft are now should have displayed more enthusiasm for this much more widely available than was the case ten Bill and its passage — it would not meet any years ago and we must move with the times. The resistance. lack of protection at small airfields needs serious Recently, the media has reported on the attention. We must prevent the importation of exposure we might face. Our geography means drugs which, in turn, will have an effect on we are isolated and exposed with limited systems crime rates. compared to other countries to pro- 12 o’clock tect ourselves so we have much to Mr. Gregory: I support all measures that maxi- gain from this development. Closer mise co-operation on a European scale between co-operation on security issues must, therefore, law enforcement agencies. Its necessity has been be welcomed but there must also be safeguards brought home to us with the recent threats for our citizens. We must strike the right balance against Dublin Airport and, presumably, and the Data Protection Act has a role to play in Shannon Airport. Such international co-oper- this regard. ation is essential. 1399 Europol (Amendment) Bill 2006: 16 November 2006. Second Stage 1400

[Mr. Gregory.] The community organisation in my area, which The Minister outlined the main types of organ- I was involved in, actually went to those agencies ised crime that must be tackled through this legis- and brought them together. Each one of those lation, such as money laundering, which is linked agencies felt it was a bad idea to set up a unified to drug dealing when we consider the tens of mil- grouping to target drugs, assets etc. They felt they lions of euro being made in this country from that could, as individual agencies, do it and that they trade. Much of the money is being laundered out- were doing it, but they clearly were not doing it. side the country. Some of our leading drug They resisted to the bitter end the idea of coming dealers are now based outside this country in together until Veronica Guerin was murdered Britain, Amsterdam and elsewhere. and the Government demanded new strategies. I am glad the Minister is here and I can bring The Criminal Assets Bureau was one such to his attention an issue I am sure he is very con- strategy. scious of, the scale of the drugs problem, even It is a great disappointment to me when I see over the past year. I remember raising this issue people trafficking in heroin in some of the poorer in the House in the early 1980s and I was repeat- areas of my constituency in the inner city all these edly told in Da´il replies that the level of seizures years after the Criminal Assets Bureau was set was small, and the level of seizures determined up. These people are trafficking at a low to the extent of the problem on the street. There- middle level. Girlfriends of these people are driv- fore, the problem was under control because the ing around in 2006 jeeps while claiming social amounts of heroin being taken were quite small. welfare. I see individuals charged with possessing If that is translated into today’s context — very large amounts of cocaine still wandering in Deputy Catherine Murphy has drawn attention to and claiming social welfare, while they live in it — we have had two seizures of heroin in the affluent apartments, for which they are probably past two months, one worth \11 million and claiming rent subsidies. another prior to that in Ratoath with heroin The whole idea of the Criminal Assets Bureau, worth \7 million. That is absolutely without pre- as I understood it, and the argument for it was to cedent in the past 30 years in the State. Despite prevent that happening, but it has had no impact the significant drugs crisis which has enveloped whatever on such incidents in the areas where many communities over that time, we have never these drug dealers operate. I have raised the seen amounts of heroin on such a scale. It almost matter with the Minister in the past and I have raised it in the House on a number of occasions. constitutes a national emergency. There is a need to proactively review the oper- If, as we are repeatedly told, seizures represent ations of the Criminal Assets Bureau and to local- between 12% and 14% of availability on the ise and regionalise it so that operatives from the streets, such an amount representing 12% of Criminal Assets Bureau are in the areas where availability at any one time on the streets means drugs are a major problem to prevent this type of we are in big trouble. I know from my involve- scandal from happening. Everybody in the com- ment in a community policing forum in the Store munity can see these operations and are aware of Street Garda district, where I attended a meeting the problem. Other young people may see such a little over a week ago, that the gardaı´ in recent drug operations and if they think money is that months are again seizing heroin right across the easy to come by in dealing drugs, they might ask city. We all thought that was a thing of the past, themselves why they should not get involved. It that cocaine had eclipsed the drug to some degree is attracting young people all the time for that and more cocaine was being seized, but heroin reason. We can see the scale it is at now. The has made a recovery in a major way. I do not problem has spread throughout the suburbs and know if there are international reasons for this or it is spreading throughout the country, yet there if the situation in Afghanistan and so on is does not appear to be any strategic view of what responsible for it, but what I know comes from is happening and how to tackle the problem. the hard evidence of Garda seizures. There are We know how to tackle it, but responses have massive amounts of the most deadly drug, heroin, not been structured or put in place in the areas available in this State. where they are needed. I again ask the Minister I am unsure whether the Government has a to consider this area and see what can be done. strategy to respond to this problem or whether What is in place currently has not been effective, the Minister has considered what more must be which is clear from the scale of the problem. We done. I remember arguing in this House on many are aware of the large increase in the availability occasions prior to the murder of Veronica Guerin of drugs. with a variety of Ministers for Justice, including I referred to a number of recent seizures of sig- former Deputy Nora Owen, that a need existed nificant amounts of drugs. In that context, it is a to bring different agencies together. These would great credit to the Garda drug squads that they include the investigation branch of the Depart- are able to make such seizures and get such an ment responsible for social welfare, the Revenue amount of drugs off the streets. I do not want to Commissioners, the Garda etc. Although every- finish without mentioning that. However, those body thought it was a great idea, nobody seemed amounts reflect the problem. They tell us what able to bring it about. we already know, that there is a massive problem 1401 Europol (Amendment) Bill 2006: 16 November 2006. Second Stage 1402 out there. My difficulty is that, despite us know- by a statutory instrument or that there is not ing the problem is there and its ingredients, we some procedure whereby on a fast track basis, are not tackling it in the way we indicated we something could be laid before a committee of would. the House and the protocols amended without I pay tribute to Deputy Catherine Murphy, going through the full panoply of two Houses who has raised for the past year an equally blat- considering the matter. However, because the ant scandal in this area, where jets are flying into contributions to this debate have been wide-rang- private aerodromes day in and day out without ing, it has not been time wasted. customs or Garda cover. The Deputy has seen it I fully agree with Deputies Gerard Murphy, herself and she has graphically described people Catherine Murphy and Gregory and other getting off these jets and straight into a taxi with Deputies that we are on a learning curve. I fully their bags. I do not know if it was the Garda or agree with Deputies Gregory and Catherine the Belgian authorities, but between the two they Murphy that the principles were already estab- stopped \10 million of heroin going on to an lished in the CAB events of ten years’ ago, the aeroplane in Belgium. That amount of drugs requirement for inter-agency operations was would have been carried down the steps from that clearly established and the benefits of such an privately-owned luxury jet and into a waiting cab approach have been clearly demonstrated in the or car in Weston Aerodrome. Yet we say we are interval. serious about the drugs problem. I hope that issue Deputy Catherine Murphy is absolutely right is being dealt with. about aerodromes. Responsibility to regulate Deputy Catherine Murphy raised an issue on aerodromes falls between different Departments. which I put down a parliamentary question some They are licensed by the Minister for Transport, time ago, the incredible position where the Garda Deputy Cullen’s Department and the provision authorities are not currently accessible through e- of customs and excise is the responsibility of the mail. People throughout my constituency contact Minister for Finance, Deputy Cowen’s Depart- me every day, and e-mail is the most frequently ment, while my Department is responsible for the used contact I have in my office. Constituents liv- policing aspect. The fact that three major Depart- ing in the area contact me by e-mail and it is a ments are involved in that particular activity does nonsense that I cannot contact a Garda superin- not mean that there is not a very strong case for tendent or chief superintendent by e-mail. clear co-ordination of activity. I do not dispute I hope the Minister will take on board some of Deputy Murphy’s assertion. If private aero- the ideas referred to by both Deputy Catherine dromes are not being adequately policed — I use Murphy and I. We are referring to them in a posi- the term to mean inspections, customs arrange- tive way because we want them taken on board ments and the monitoring of who is using what by the Minister and we want something done. We aircraft and for what purpose — that must be want to see the State agencies being effective addressed, but I do not wish to close them down against these people who are killing at will — as because they are a very useful facility. They are is evident every few weeks — because they part of the world we live in but they cannot be an believe they can get away with it and because of open porthole for people to access Ireland with- the huge sums of money they are earning from out any adequate safeguards. the drugs scene. It is one of the most destructive There is a very strong case for institutionalised forces and activities in my constituency and in co-operation between Customs and Excise, others throughout the State. I hope the issues we private and public airport authorities and the have raised will be carefully considered and per- Garda Sı´ocha´na. I will take up the points made haps acted upon. by the Deputies on that matter. Within the week, I will commence a process within my Department Ta´naiste and Minister for Justice, Equality and to audit the actions being taken. As Deputy Law Reform (Mr. McDowell): I thank all the Gregory expressed, I hope it will not happen just Deputies for their contributions to this debate. It now. I hope the powers that be, so to speak, have was almost inevitable that the debate would be been doing these things without prompting from wide-ranging because the Bill is a narrow, techni- politicians. I presume the intelligence-gathering cal piece of legislation. function in the Garda Sı´ocha´na and in Customs I thank Deputies Jim O’Keeffe and Gerard and Excise have been examining these problems Murphy for their supportive approach to the but I want reassurance on that point. As Deputy legislation. I also thank Deputy O’Shea for his Catherine Murphy said, the public are entitled to comments. I accept his criticisms of two things: reassurance. What appears to be lax procedure first, the delay in dealing with and in enacting must be examined very carefully. these protocols into Irish law; and, second, that Deputy Gregory made some very sobering it would be preferable that, rather than enacting points about drugs in our society. I agree with his primary legislation on matters of this kind every argument. It is right, as he did, to pay tribute to so often, we should adopt some different the great successes with regard to drugs seizures. approach to getting relatively technical matters I also wish to pay tribute to the Garda Sı´ocha´na. enacted into Irish law. It is a matter of regret to I must be careful to strike a balance between me that it could not have been done, for example, acknowledging their successes but also acknowl- 1403 Industrial Development Bill 2006: 16 November 2006. Second Stage 1404

[Mr. McDowell.] Europol (Amendment) Bill 2006 [Seanad]: edging the scale of the problem with which they Referral to Select Committee must deal. They are dealing with forces which An Leas-Cheann Comhairle: I understand it is have frightening amounts of resources, brutality proposed to refer this Bill to the Select Commit- and determination. It is the case that we must do tee on Justice, Equality, Defence and Women’s better with regard to all these matters. I fully Rights. accept Deputy Gregory’s point that there is abso- lutely no room to assume that everything being Ta´naiste and Minister for Justice, Equality and done is sufficient or even remotely sufficient. Law Reform (Mr. McDowell): I move: A number of Deputies referred to the question That the Bill be referred to the Select Com- of resources. As the day unfolds, it will be clear mittee on Justice, Equality, Defence and that record resources are being given to the Women’s Rights in accordance with Standing Garda Sı´ocha´na. The finances and numbers avail- Order 120(1) and paragraph 1(a)(i) of the able to the force are growing at a dramatic level. I Orders of Reference of that committee. do not wish to do what happened in other sectors, which is to throw money and people into a system In moving the motion I express the hope that it which itself needs strategic direction. There is will require virtually no amendment and will much talk about Garda reform in terms of return to the House soon and be passed into law. systems and governance, but we also need within the Garda Sı´ocha´na a very clear picture that the Mr. J. O’Keeffe: The Opposition will not cause resources are being translated into maximum any delays. value and return for the taxpayer. All those Question put and agreed to. things are being done. Deputy Gregory has raised on a number of Industrial Development Bill 2006: Order for occasions the question of the escape from an Second Stage. open prison of a drug dealer who is prominent in his community. He had previously absconded Bill entitled an Act to amend and extend the from a closed prison. I note publicity about this Industrial Development Act 1993. subject in today’s newspapers. I wish to reassure the Deputy that I have not forgotten the matter Minister for Enterprise, Trade and Employ- and I will be looking for an explanation. It ment (Mr. Martin): I move: “That Second Stage requires a personal explanation from the people be taken now.” who made the decision as to precisely what they Question put and agreed to. thought they were doing. It is not a matter I am willing to let go. If somebody with convictions for Industrial Development Bill 2006: Second drug dealing absconds from a closed prison and Stage. is then transferred to an open prison, many ques- tions must be asked as to the reason that person Minister for Enterprise, Trade and Employ- was selected for an open prison. I want expla- ment (Mr. Martin): I move: “That the Bill be now nations and I assure the Deputy I will get them. read a Second Time.” I am not leaving that one go. In accordance with the recommendations of I thank all the Deputies for participating in the the enterprise strategy group and the new man- debate on the Bill. I acknowledge Deputy Jim date for Shannon Development, the indigenous O’Keeffe’s support for the proposal. I accept the industry support functions carried out by legitimate criticism that this legislation should Shannon Development, under delegated auth- have been dealt with earlier. The Department is ority from Enterprise Ireland, will revert to aware of this criticism, but it is better late than Enterprise Ireland on 1 January 2007. The rever- sion of these functions will also involve the never. This legislation is necessary to enable transfer of approximately 40 staff from Shannon Ireland to ratify and give full effect to the proto- Development to Enterprise Ireland. cols. I do not want Ireland to be a stumbling The purpose of this Bill is to provide the legis- block towards greater co-operation in these lative basis to designate the transfer of the indi- matters in the European Union. I thank Deputies vidual staff members concerned and provide a for their contributions, particularly those on all statutory guarantee to the staff who are so desig- sides of the House who have spoken about the nated that their pay, conditions of service and important issues that lie at the heart of this and pension arrangements shall not be diminished by why this intelligence must be gathered and virtue of the transfer. exchanged. I assure them I am conscious of the The context for the new arrangements for strong arguments that have been put and the indigenous enterprise is that by the start of 2005 force of the contributions made. It is not falling a range of developments had occurred which on deaf ears. necessitated a review of the role of Shannon Development. These included the enterprise Question put and agreed to. strategy group recommendation, accepted by 1405 Industrial Development Bill 2006: 16 November 2006. Second Stage 1406

Government, that Shannon Development’s delivered by the company have been adopted and enterprise development functions should be reproduced successfully in Ireland and inter- brought within the remit of the national nationally. With the more focussed remit that it enterprise development agencies; the establish- now has, the company will be in a position to ment of an independent Shannon Airport Auth- meet the new challenges the region faces. ority; the proposed relocation of the headquarters The reversion of responsibility for indigenous of Enterprise Ireland to Shannon as part of the enterprises support to Enterprise Ireland will also Government’s decentralisation programme; the provide a more logical delineation of responsibil- transfer of responsibility for Shannon Town from ities between the two agencies in the mid-west Shannon Development to Clare County Council; region. As the support programmes currently and the abolition of the licensing requirement for provided by Shannon Development to enterprise companies setting up in the Shannon Free Zone. clients in the region are operated under delegated Against the background of these devel- authority from Enterprise Ireland, and provision opments, I asked Shannon Development to sub- has been made for Shannon Development staff to mit proposals to me for a new strategy for the transfer with the functions, it is anticipated the company. These proposals, which included exit- transition to the new arrangements will be seam- ing the role of support for indigenous enterprises, less from the perspective of the company’s clients. are reflected in the new mandate I have author- As Enterprise Ireland is a significantly larger ised for the company. Shannon Development will organisation than Shannon Development, the now have a more focussed strategic role on the staff who will transfer from Shannon Develop- broader regional economic development of the ment will consequently have access to more Shannon region. The company will work in part- career development opportunities. nership with key public and private sector organ- I will now briefly outline the main provisions isations in the region to identify and bring for- of the Bill which are set out in a new section 21A ward new initiatives, projects and programmes to to the Industrial Development Act 1993. These maximise the development potential of the region provisions are based on numerous precedents for and help create a viable counter-pole to the more transferring staff between statutory bodies. Sub- developed eastern region. In this context I have section (1) of the new section contains a number specifically instructed the company to give of definitions. Subsection (2) is an enabling pro- priority to addressing the needs of less developed vision. It provides legislative authority to desig- parts of the region. nate the transfer of staff from Shannon Develop- Shannon Development will use its extensive ment to Forfa´s. Forfa´s is the legal employer of property portfolio, located throughout the region, the staff in the three agencies established under as a lever to drive the delivery of the economic the Industrial Development Acts, namely, IDA development infrastructure that is essential for Ireland, Enterprise Ireland and Science Found- regional development. The company will also ation Ireland. Subsection (3) provides that staff continue to work closely with Enterprise Ireland designated for transfer by the Minister will be and IDA Ireland in identifying and addressing appointed to the staff of Forfa´s. Section 3 of the the property needs of both indigenous and FDI Bill subsequently amends the Second Schedule to companies and in promoting the Shannon Free the 1993 Act to include staff transferred from Zone as a location for foreign direct investment. Shannon Development, in the categories of staff The company’s activities as the regional tourism that Forfa´s may second to the agencies. Subsec- authority for the Shannon region will also con- tions (4) and (5) of the new section contain the tinue to have a key role to play in the economic terms of the guarantee that is being provided to development of the region. the Shannon Development staff who will be des- I have recently approved a new three-year cor- ignated for transfer. Specifically it provides that porate plan for the company which reflects the staff who are designated for transfer may not terms of the new mandate. The specific activities receive a lesser scale of pay or be subject to any that Shannon Development will undertake will be less favourable conditions of service than they selected on the basis of its potential to generate were entitled to in Shannon Development. The significant economic impact locally, regionally superannuation benefits of the staff concerned and nationally. For example, included in the plan may not be less favourable than those to which are projects such as the e-towns initiative, they were entitled to in Shannon Development. designed to build the knowledge economy of the It has been normal practice to include the type Shannon region, the development of the Kerry of provisions contained in this Bill in legislation deepwater zone and the regeneration of the providing for the reorganisation of State agencies. Shannon Free Zone as a location for high value In this instance no new body is being established added, knowledge age investment. Shannon and both Enterprise Ireland and Shannon Development is uniquely placed to meet the chal- Development will continue to operate as separate lenge of regional economic development and agencies, each with their own distinct remit. specifically to maximise the development poten- Shannon Development and Enterprise Ireland tial of the Shannon region in line with the objec- are well advanced in identifying the number of tives of the national spatial strategy. For more posts to be transferred. Shannon Development than four decades, initiatives developed and staff and their representatives are engaging posi- 1407 Industrial Development Bill 2006: 16 November 2006. Second Stage 1408

[Mr. Martin.] Shannon Free Zone. Shannon Development is to tively with the process and I understand that a be complimented on that because Mr. Kevin strong level of interest is being expressed by staff Thompstone and his team have gone to great in transferring to Enterprise Ireland. Enterprise lengths throughout Europe and the world to find Ireland has also recently announced that it industry suitable to the region and Digital River intends to move both its regional development will be a welcome asset. In between the original headquarters and the newly established city and decision and its reversal the relevant agencies county enterprise boards unit to Shannon. were left in a limbo about who was responsible Enterprise Ireland plans to have interim office for what. That indecision created much uncer- accommodation in Shannon to accommodate tainty in the region with few new job announce- both the Shannon Development staff and the ments. Some 16 months of potential enterprise regional headquarters staff by mid 2007. It is creation have been wasted through Government anticipated that approximately 70 Enterprise indecision and messing. Ireland staff will transfer into this new accom- The original decision to strip Shannon modation as soon as it is available. Development of its enterprise creation functions was made under the cover of “an enhanced Mr. P. Breen: Fine Gael supports this Bill. In regional economic development role” for the accordance with the new mandate for Shannon agency. Deputy Martin also stated at the time Development, announced by the Minister for that “Shannon Development supports this recom- Enterprise, Trade and Employment in July 2005, mendation and it will be implemented as soon as the indigenous industry functions carried out by practicable”. That was a surprising statement Shannon Development under delegated authority then, and seemed even more surprising last from Enterprise Ireland will revert to Enterprise month when Deputy Martin rowed back on the Ireland on 1 January 2007. This is in line with decision. Not only has none of the enterprise the recommendations of the enterprise strategy strategy group recommendations been group as endorsed by Government. implemented, but it has taken a year for the legis- The purpose of this Bill is to provide legislative lation to catch up. It shows that enterprise authority for the Minister for Enterprise, Trade creation in Clare is in a mess. It is also doubtful and Employment to designate the transfer of staff that Shannon Development originally supported from Shannon Development to Forfa´s and to the decision if it is retaining enterprise creation provide a statutory guarantee to the staff that in the Shannon Free Zone. their pay, conditions of service and pension I welcome the fact that a core expertise of arrangements shall be in no way diminished by Shannon Development is being retained at the virtue of the transfer. Forfa´s is the legal employer Shannon Free Zone. There must be a renewed of the staff in the agencies established under the focus on enterprise creation in the remainder of Industrial Development Acts, namely, Enterprise the county. As I pointed out to the Oireachtas Ireland, IDA Ireland and, after the enactment of Committee on Enterprise and Small Business this Bill, Shannon Development. recently, Ennis is in danger of becoming a dormi- The subject of this Bill is one that is very close tory town while the outlying towns of north, west to me as it directly relates to Shannon Develop- and east Clare could all do with an employment ment, an agency which has historic associations boost. One good employer in Ennistymon is with County Clare and is based in Shannon town. doing well. It is a digital company that exports Traditionally it has had functions throughout the signs all over Europe and the world. Ennis in mid-west stretching to parts of Offaly and cover- particular is suffering from a stream of job losses ing Clare, north Tipperary, Limerick and north and I would welcome some renewed efforts from Kerry. It is unfortunate that so much time has both the IDA and Enterprise Ireland in reversing gone by since the Minister originally made the some of the losses we have seen in recent years. announcement 16 months ago that he was strip- Since 2001, 275 jobs in IDA-supported com- ping Shannon Development of these traditional panies in Ennis have been lost with the closure of enterprise creation functions. It was a decision I Overland Bolling, Studio Eyewear, Pacific Scien- condemned at the time, not just because of the tific, Tool & Mould, and, most recently, Micro- manner in which it was announced — the crucial semi. In the wider county there has been a net decision was buried in a press release — but also loss of 164 jobs in IDA-supported companies because it was done in the middle of the summer since 2000. Nationally, in the past five years more when it was most likely to receive least attention. than 33,000 manufacturing jobs have relocated The original decision was made in July 2005 amid from Ireland to more competitive economies and widespread criticism, and last month Deputy more than twice that number of jobs, that might Martin chose to do a part U-turn on the issue and have located in Ireland, have not come. decided to allow Shannon Development to retain The danger that Ennis and similar towns face its enterprise functions within the Shannon Free around the country is that such losses will con- Zone. tinue and that this trickle effect will not be I congratulate Shannon Development on its reversed with any significant new announcement recent announcement that Digital River will or policy decision. The Government’s recent provide 350 jobs over the next five years in the approval of large price hikes in gas and electricity 1409 Industrial Development Bill 2006: 16 November 2006. Second Stage 1410 in the absence of a proactive jobs policy is at best throughout County Clare and the mid-west. The misguided and foolhardy, and at worst irrespon- lack of broadband is a handicap for people who sible. There is an urgent need for co-ordinated want to work from home in their areas. especially efforts between several Departments. The when one compares it to the 95% broadband pen- Government is making our economy less com- etration in Northern Ireland. petitive and driving manufacturing industry out As I said, my party will support this Bill. The of Ireland into more competitive countries. legislative provisions are based on numerous pre- The recently announced price increases will cedents for transferring staff between public also hit the already hard-pressed domestic con- bodies and I welcome the fact they provide a sumer on top of the existing burden of high mort- statutory guarantee and that there will be no dim- gages, long commute times, and high child care inution in the pay or service conditions of costs, all of which will fully impact only in mid- Shannon Development staff when they transfer 2007. We should not and cannot allow the to Forfa´s. It had been proposed to introduce destruction of our manufacturing industry here in these legislative changes through an amendment the same way the Government has allowed the to the Industrial Development Act 1993, to be destruction of the sugar beet industry. effected by way of a Committee Stage amend- It is a welcome development that Shannon ment to the Investment Funds, Companies and Development and Enterprise Ireland are now Miscellaneous Provisions Bill on 28 September. well advanced in identifying the number of posts However, as this was not possible for procedural to be transferred and that Shannon Development reasons, the only feasible option to enable the staff and their representatives are engaging posi- staff to transfer at the same time that the func- tively with the process. This is happening in tions will revert on 1 January 2007 is to introduce parallel with a redundancy programme which I the legislative provisions by way of a stand-alone hope is offering new opportunities to former Bill before the end of the year. In line with the Shannon Development staff. Those staying on recommendations of the enterprise strategy have expressed strong interest in transferring to group, the new mandate for Shannon Develop- Enterprise Ireland. However I question whether ment also provides that the IDA will assume the decentralisation programme, particularly for responsibility for promoting investment in and Enterprise Ireland, will ever happen. The Mini- providing ongoing support to foreign direct ster said early in his statement that regional investment companies in the Shannon Free Zone. offices will be established in the Shannon region The reversion of functions relating to indigenous and that is welcome. However, Members should enterprises from Shannon Development to remember that the decentralisation of Enterprise Enterprise Ireland at this late stage needs to be Ireland to Shannon was announced by then Mini- prioritised. ster. Mr. McCreevy, in the 2003 budget. This has I hope the Bill is enacted quickly. We welcome not happened. Only approximately 19 jobs were it and hope the mistakes by this Government on taken up in this at the time and we recently Shannon Development will be rectified giving the learned that Enterprise Ireland is to move to new IDA a proper job creation role in the mid-west headquarters in Dublin with a long lease of 25 region so we can boost the economy in this fine years. Enterprise Ireland is one of the least region. Shannon Airport, in the middle of the developed decentralisation programmes, in con- region, is an engine for growing jobs in the trast to the movement of Revenue staff to Kilrush region. I hope Shannon Development will be suc- in west Clare. I hope this will happen in the near cessful in the near future. future. Introducing 50 jobs to west Clare is important and will boost the region, where not Ms O’Sullivan: While the Bill is relatively short many jobs are available. We have BillPost, which with quite simple content, it represents an histori- has been successful. I commend the management cal moment for Shannon Development and it on its recent work. I have learned that it is to would do no harm to use some of my speaking move into the Revenue office and that will time to acknowledge its work over the years. boost Kilrush. Especially worthy of praise has been Shannon I urge the enactment of this legislation before Development’s innovative approach to regional the end of the year to facilitate the transfer of development, which did not exist in Ireland until staff from Shannon Development to Enterprise the body was created. Shannon Development has Ireland. At the same time, responsibility for provided an excellent example of what can be indigenous industry support functions will done where there is a regional focus. I pay tribute transfer from Shannon Development to to the current chief executive, Mr. Kevin Thomp- Enterprise Ireland on 1 January. My party will stone, his predecessors and the staff who have support this Bill. Two weeks ago I attended a worked and will continue to work in Shannon launch of E-Town in Milltown Malbay. This is an Development. Given that the Bill represents a initiative by Shannon Development allowing milestone in many ways, it is a good time mark people to work from their homes. The first of the company’s record. these projects has taken off in Milltown Malbay Many positive developments in the mid west, recently and I wish the project success so that due in no small measure to the work of Shannon broadband can penetrate into regional towns Development, have been innovative but they 1411 Industrial Development Bill 2006: 16 November 2006. Second Stage 1412

[Ms O’Sullivan.] Development will now have a more focused stra- have not happened in other parts of the country. tegic role on the broader economic and regional It is a pity we have not followed the regional development of the Shannon region; and will model elsewhere in Ireland rather than pursued work in partnership with key public and private the destruction of regionalism through the sector organisations in the region to identify and creation of various forms of boundaries. The promote new initiatives, projects and prog- House should consider the example of the rammes to maximise the development potential Shannon region for which the Shannon Free Air- of the region and help to create a viable counter- port Development Company has responsibility. pole to the more developed east. The policy is The political geography for voters in the part of welcome in many ways. The current trend in County Clare just outside Limerick city which is development is good for neither the eastern in my constituency requires them to vote in local region nor the western part of the country. The elections in Clare County Council’s area, general east cannot cope with the demands of its popu- elections in Limerick East and European elec- lation on road and other infrastructure. The M50 tions in Connaught-Ulster. Their situation is just is a prime example of the pressure on eastern one example of the craziness of regional divisions infrastructure and it will be an even better one politically in Ireland, but such divisions pose when the Dublin Port tunnel is opened. problems in other ways. Regional authorities are It would be positive for everybody if a balance broadly based on what were the original regions were struck between the east and west. Those of in Ireland while the HSE administers larger us who represent western constituencies have regional areas than were administered under the argued consistently for more Government atten- health board system. My constituency is in the tion to our needs. Western rail and road corridors western area for HSE purposes. Traditionally we to connect the west with the south east through have considered the mid west to be composed of Limerick would represent a means of connecting Limerick city and county, Clare and north the rest of the country; all roads should not lead Tipperary, but Breastcheck for Limerick people to Dublin. However, the Government has per- will be run from Cork while for Clare people the sisted in thinking that while we should all be service will be run from Galway. These examples linked by great roads to Dublin, there is no great are indicative of the obstacles to proper regional urgency about linking us to each other in the west planning in Ireland, a problem we need to and south east. Shannon Development and uni- address. The model we had in the Shannon region versities in the west, mid west and south have was an excellent one which should have been proposed these links and advanced a blueprint to maintained and extended to the rest of the coun- strengthen them to provide people in the regions try instead of being destroyed. with what they need. If one is to nominate gate- The Bill contains specific provisions which ways and formulate a strategic plan, one is relate to the return from 1 January 2007 to required to provide the resources to make those Enterprise Ireland of functions assigned to policies effective. While Shannon Development is Shannon Development. As Deputy Pat Breen in a position to play a very positive role in this outlined, serious political and other objections context, it must be provided with the clout and were made initially to the proposals the effect of teeth to be effective, which means the provision which would be to deprive SFADCO of its wealth of resources. According to Government spending and powers through the removal of the Shannon proposals, however, approximately 90% of Free Zone from its remit. SFADCO would have resources for infrastructure will be provided in been left with few resources with which to carry the eastern side of the country. This policy is out its initiatives. Thankfully, the policy was unacceptable and will perpetuate developmental reversed on foot of the pressure brought to bear imbalance by failing to recognise and address the on the Government, which had every intention of needs of the west. going ahead with its original proposal but had to Shannon Development has been very involved respond to local demands. The original decision in planning a rail link to Shannon Airport from was intended to sustain and prevent the bank- the Ennis-Limerick line. While a feasibility study ruptcy of Shannon Airport on its detachment is being carried out, Transport 21 contains no from Aer Rianta by taking money from regional commitment to provide the money to construct development, which is no way to do business. The the line should its viability be established, which Labour Party has opposed that approach and I have no doubt it will. There is a great deal of would not have supported the Bill had its pro- potential for expanding rail infrastructure, not visions included the removal of the zone from only through a western rail corridor but through Shannon Development. the development of commuter services in While the staff of Shannon Development will Limerick along the Ballybrophy line to north do what is required of them under the new legis- Tipperary, the Foynes line to west Limerick and lation and are anxious to continue to do the good the Ennis line with connections to Shannon. job they always have, they are somewhat con- Stations should be built at places like Moyross cerned that there is a lack of clarity about their and other parts of the city which are adjacent to enterprise mandate for the future. I noted in the local railway lines. Shannon Development has Minister’s speech his contention that Shannon played a key role in developing many useful con- 1413 Industrial Development Bill 2006: 16 November 2006. Second Stage 1414 cepts and needs to know it will have the clout and two stools, with uncertainty about the roles of resources it needs to continue its work. People in Shannon Development, Enterprise Ireland and the mid west need to know if the region generally the IDA. is to get the resources it requires also. I commend the staff at Shannon Development Shannon Development has also been involved and support this Bill with the proviso that the in the infrastructural project on waterways Minister must ensure appropriate levels of development. I note that the Ulster Canal is to resources for SFADCO to continue its work. receive funding which should make it possible to travel from Belfast to Limerick and on to the Mr. Eamon Ryan: I propose to share time with Atlantic by inland waterway. There are obstacles Deputy Catherine Murphy. which must be addressed if this is to happen. For example, Shannon Development have been con- Acting Chairman (Mr. Costello): Is that sidering the opening of the Erina Canal to allow agreed? Agreed. boats to bypass Ardnacrusha. While these pro- jects are of future rather than immediate concern, Mr. Eamon Ryan: Deputy O’Sullivan spoke of we are used to planning ahead in the mid west, the innovative success of the Shannon region over not least because we have had the services of the past decades. I have often wondered what Shannon Development. We are used to thinking makes the Shannon region special. Perhaps it was ahead and developing innovative strategies as the O’Malleys, the Noonans, the Kemmys, the Shannon Development has proved. I hope it will O’Deas or the O’Sullivans who pulled one stroke be given the power and resources to continue to after another to ensure preferable treatment for operate in that way. the region. Perhaps there is a cuteness in the air Deputy Pat Breen referred to the number of in Kerry, Limerick and Clare that lends itself to jobs lost in global companies in Clare. A similar an enterprising nature. Whatever it is we should problem exists in Limerick city and county. We bottle it and spread it around the country. The must focus on jobs for people in the Minister of State, Deputy Browne, could do with 1 o’clock mid west. Shannon Development it in the south east. Statistics about wealth in this and the higher education institutes in country suggest that the north west and the south the region are involved in networking in respect east could do with the development achieved by of research and development. When funding for Shannon Development in recent years. higher education research projects was Perhaps we should examine this on a national announced recently a network was set up basis to ensure each region is developed in a fair between University of Limerick, Limerick manner. I do not know if this would mean a Institute of Technology, Mary Immaculate development body in every part of the country. I College and Tralee Institute of Technology. The welcome the intent of this Bill, to implement the group received a large amount of that money. recommendation of the enterprise strategy group. This shows how the mid west has the potential to Those working with the Shannon Development bring added value because institutions in the area agency on enterprise development could join are used to co-operating and thinking regionally. Enterprise Ireland. While I accept the content of the Bill, we must Questions must be asked about the develop- maintain the flexibility and innovation in the mid ment of our enterprise and innovation strategy. west generated by SFADCO. I do not see the We have a successful economy but much of the same level of innovation in any other region. Per- economic growth and development comes from haps I am biased because I represent the region. property development or foreign direct invest- ment from overseas. Exports from indigenous Mr. Browne: Never. manufacturing and service companies are declin- ing, despite the Celtic tiger economy. There is Ms O’Sullivan: Shannon Development has set concern that, under this Government, we have up the Plassey Enterprise Centre, giving indigen- failed to develop real innovation and new ous companies the opportunity to develop and enterprise success stories. We have failed to link with the University of Limerick. There is increase our level of productivity in traded com- room for considerable development around that panies. This requires a reappraisal of our area. The riverbank could also be developed, a enterprise strategy, including the roles of Forfa´s, project in which Shannon Development has been Enterprise Ireland and the IDA. We must exam- involved. I hope it continues to be a company that ine how these agencies develop technological, directs matters in the mid west. The Minister of marketing and employment competence. State should clarify what the Government expects A bureaucratic system may be left by the the authority to do. transfer of some staff to Enterprise Ireland. The He should also be more specific in his reference remaining entity, Shannon Development, may to the company’s strategic role on the broader continue without recognising the change. This regional economic development of the Shannon may result in replication of bureaucracies. A region. Its role was quite specific in that area and regional development agency linked to strong its role is quite specific in other areas. The worst regional or local authority could examine stra- case scenario is that the mid west falls between tegic issues across county boundaries such as 1415 Industrial Development Bill 2006: 16 November 2006. Second Stage 1416

[Mr. Eamon Ryan.] remarkable in a country that was supposed to be tourism development, enterprise development, trying to develop the region. services and infrastructure provision. This could The Green Party believes the Shannon region be replicated across the country. We have a should be strengthened by the provision of unique application of the principle at Shannon additional rail services such as fast-tracking the and we could knit such a regional development western rail corridor and the rail links to organisation into a reform of regional and local Shannon. Although Limerick city has four rail government. There is no point in such bodies lines running into it, services on them barely exist. without strong development of local and regional This is a remarkable example of the poor short- government to ensure joined-up thinking. term thinking applied by the Government. While Shannon Development should become the norm the region covered by Shannon Development rather than the exception. should be developed, I am unsure whether I agree with Deputy O’Sullivan that regional responsibility for so doing lies primarily with development requires a change of thinking in Shannon Development. It lies with local and central government. The transport policy has not national Government. Hopefully the Green Party been based on analysis, consultation or debate in will have a say in that regard in future and will the Da´il. A national roads programme was be able to help. agreed on the principle that all roads lead to Dublin. Ministers claim this is to facilitate Ms C. Murphy: I agree with the Deputy’s point regional development. However, international regarding balanced regional development. I also research and analysis shows that such a central- echo the sentiment that if one were to pick an ised transport system around the capital sucks life example of good industrial development on the into the capital and sucks the population towards entire western coastline, one would select the east coast. Shannon. However, it is important not to give the The effect of the Government’s transport impression that all spending takes place on the policy has been to oppose proper balanced east coast and none on the west coast. One finds regional development. First, it set out a national the highest pupil-teacher ratios, lowest pro- spatial strategy that included too many centres. It portion of gardaı´ to population and similar press- did not concentrate growth in real alternative city ure points on the east coast. One should differen- centres, such as Limerick, Galway, Waterford and tiate between capital expenditure and day to day Cork, that could provide the back-up facilities expenditure on services. It is important to note such as universities and other resources that that a negative imbalance applies to the east coast would attract foreign direct investment. In failing in this regard because this has a bearing on qual- to so do, it weakened the entire case for ity of life. Companies, particularly those from regional development. outside the country that are considering whether The Government then went further in to set up here, often state that high quality public undermining the case for regional development services are an issue of concern to them. by scattering the Civil Service throughout the As for the Bill before the House, I endorse the country. Some of the main cities on which we idea that the employees should be protected. must concentrate development were ignored. The However, I wish to draw attention to another fact that Cork city will not acquire a single agency group of workers who were given a similar or new job under the decentralisation programme endorsement ten years ago, although it may not demonstrates what a disgraceful mistake it has have been statutorily based. The workers in ques- been on the Government’s part. It was dreamt up tion were obliged to go to the Supreme Court this by Charlie McCreevy on the eve of budget day year to press home their entitlements and still because he was bored or could not think of any- have not received them. I refer to those Aer thing else to do after seven years in office. It will Lingus employees who were seconded to TEAM leave a legacy that will harm regional develop- Aer Lingus. I have the parliamentary debates ment and the overall development of the Civil from 1997 to hand. The former Minister, Senator Service. O’Rourke, was categoric in her statements to the The Shannon region of Limerick, Clare and effect that a letter of guarantee or comfort was a north Kerry has enormous assets that should be letter of employment and that people would con- protected and developed. For instance, the deep tinue to be employed by Aer Lingus. I wish to water port at Shannon is a great asset. My party focus on this issue because it matters that two sets will seek to develop such assets in the best pos- of employees, both of which are State or semi- sible manner. Shannon airport is an asset that State employees, are being treated entirely differ- would be greatly enhanced by a proper rail con- ently. This raises issues of fairness. nection. When I worked as a tour operator in the In 2006, the Supreme Court found against Aer region, if tourists arrived after lunchtime on any Lingus when it rejected the airline’s contention given day it was impossible to get them to that the Aer Lingus workers were transferred to Killarney by public transport before the next day. TEAM Aer Lingus in 1991. The Supreme Court It took more than 24 hours unless one shunted found that the Aer Lingus workers in question them to Dublin and back down again. This lack were seconded to TEAM Aer Lingus and were of basic public transport infrastructure was Aer Lingus employees at all times. The then 1417 Industrial Development Bill 2006: 16 November 2006. Second Stage 1418

Minister for Transport endorsed the letters of and supported. In accepting and acknowledging comfort given to Aer Lingus workers who were the work that has been done in the Shannon seconded to TEAM in 1990 to convert their region, I also wish to relate this to my constitu- guarantees concerning their position as Aer ency. The Shannon area is facing particular diffi- Lingus employees into an irrevocably legally culties and changes which are probably due to the binding form, such as if TEAM did not exist. This changes in the airport, which had a significant is highly significant. The contract was accepted by positive impact on the region. Our area had a the Aer Lingus employees on the basis of such very good textile industry which had a very posi- ministerial assurances and endorsements. A com- tive impact on the region. In a time of change, it parison can be made in this regard. is important that the relevant State agencies are As for the Bill before the House, I again stress aware of the new potential in every region. I am that I agree entirely that employees should be confident that every region has the potential to given guarantees that their pay, conditions, deliver significantly in terms of jobs. service and pension arrangements shall be in no Through education, Irish people are given a way diminished by virtue of the proposed great opportunity to excel. Across the world, Irish transfer. people are sought for many jobs, most of them In respect of the aforementioned Supreme high quality, and are recognised at the high end Court judgment, this matter has been brought of the scale due to the investment in education in back to the courts to press home the point for a Ireland. This emphasises the importance of not small number of employees. In a debate during bringing everyone into a particular centre or hub, the summer, Members from the Government as has happened in the past. Past development benches from north Dublin stated they would be has tended to gravitate towards Dublin. A pre- taken care of in the context of the sale of Aer vious speaker spoke about the lack of decentralis- Lingus. However, they are back before the courts ation to Cork. With all due respect, the major and such unfairness is dishonourable. The centres have attracted a considerable amount of Supreme Court found that the ministerial industry because they are accessible major endorsement formed part of the heads of agree- centres with supporting infrastructure. I agree ment reached between the Irish Congress of with the decentralisation of Departments and Trade Unions and Aer Lingus and is enforceable Government support agencies to regions that do under Irish law. not possess the natural tendency to draw invest- Essentially, much of the debate that took place ment, as is perhaps the case in centres such as in 1997, when Senator O’Rourke was the Minister Dublin, Cork and, probably, Galway. responsible, is similar to the debate in respect of The Minister spoke about identifying and the current Bill, in which guarantees are being bringing forward new initiatives, projects and given. However, when one can cite an example programmes. That is one of the points I will such as that of the TEAM Aer Lingus employees, address. The Minister also announced that he will seeing such guarantees in legislation does not examine the extensive property portfolio that reassure people that it will actually happen. The Shannon Development will use. In his speech, he Government has an obligation to finalise this pointed out that Shannon Development’s prop- matter and not have such a situation, in which erty portfolio is located throughout the region. people have been extremely unfairly treated per- That is a key point. The Minister stated that sist. Both the High and Supreme Courts have Shannon Development would use its extensive endorsed their case and have dismissed the case property portfolio as a lever to drive the delivery put forward by Aer Lingus. The courts found in of the economic development infrastructure that favour of the employees. The endorsements were is essential for regional development. I will provided by both Aer Lingus and Ministers. address the last point. I ask the Minister of State to accept there is an Donegal was considered almost as a test case outstanding issue to be addressed in this regard. for mass redundancy in the case of Fruit of the I raise this matter in the context of this Bill Loom. I do not wish to focus exclusively on Fruit because of the degree of similarity between the of the Loom because it also involved the overall proposals. However, the proposals worked out textile industry as a number of companies found very differently for the TEAM Aer Lingus it uneconomical to remain in the region. This was employees who are still suffering its con- not the legacy we wanted to promote when think- sequences. ing of industrial Donegal. Fruit of the Loom received substantial investment and grant aid Cecilia Keaveney: I am delighted to be able to from the Government and many textile compan- speak on the Industrial Development Bill. I know ies received support to locate in Donegal. To be it pertains to Shannon Development in particular fair, these companies created a considerable and much of what I wish to say relates to the con- amount of wealth in the Inishowen peninsula, tributions of other Members regarding regional which I represent, and throughout my constitu- development. This constitutes one of the good ency. This wealth trickled out throughout the examples of regional development. I agree there entire north-west region. In most of the cases is a need to examine the regions to ensure their involving redundancies, the companies concerned development potential is reached, strengthened treated their staff very well, although that was not 1419 Industrial Development Bill 2006: 16 November 2006. Second Stage 1420

[Cecilia Keaveney.] ping away sustaining local jobs for local people in true in all cases. However, Fruit of the Loom is a small but reliable way. While I commend the long gone. work of IDA Ireland, Enterprise Ireland and The Minister’s comments about Shannon county enterprise boards, many small companies, Development and recognising the importance of particularly indigenous companies, fall between having extensive property portfolios are crucial to two stools in terms of agency support. what I would argue for in my region. One of the I noticed that the Minister said that Shannon lessons of the Fruit of the Loom legacy relates to Development works with Enterprise Ireland and the disposal of assets. Remnants of the Fruit of IDA Ireland to identify and address indigenous the Loom era, such as a number of factories, were and foreign direct investment companies in pro- dotted throughout north-east Donegal. However, moting the area. It is very important that this co- many people feel very sore, and rightly so, that operation is replicated in every region. Situations those assets were not taken back, or should I say, arise where indigenous companies are falling bought back by State agencies. I believe the com- between stools and are left ineligible for support. pany owned its own properties. As the factories Given the rising prices of land and limited closed, the relevant State agency should have pockets of land zoned for industrial use, I moved in and taken on the responsibility of strongly advocate the need to put in place sup- adding these properties to its portfolio. Many ports to assist small businesses to purchase land people believe these assets could have been used to build premises at reasonable costs, rather than to attract other companies to the area and, just the over-inflated costs of land experienced as importantly, they could have been adapted to around the Border areas due to the strength of provide enterprise space for local companies, sterling and the influx of developers from either for business start-ups or business growth Northern Ireland who have more buying power and expansion. Ultimately, in some instances, the for their pound. In one instance, when I factories are empty or have been sold to busi- approached the local authority in respect of a nesses that did not create as many jobs. I consultation process it had carried out to dispose acknowledge that did not take place in all cases. of land zoned for industrial use in a small town In other words, the number of people employed in my peninsula, I learned it was considering auc- at any given time in any one of the factories has tioning this land to the highest bigger. In one way, not been replicated at this time. one cannot tell the local authority it was wrong We felt that if State agencies had property to do this because, as it would argue, it is not a portfolios in the region, it would keep the press- development agency and must make money so it ure on them, but that has not always been the can provide services. I vehemently argued against case. An IDA Ireland advance factory has been the idea of auctioning the land. The county located in my home town for approximately 30 council in my area has been very proactive in try- years but has not really been used and has not ing not only to maintain jobs but also to support opened its doors for any long-term venture. I am new industry and work alongside the county aware that IDA Ireland and Enterprise Ireland enterprise board, Enterprise Ireland and IDA always worry about having property in their pos- Ireland. session. They would argue that if a property in There is little or no industrial zoned land in the their possession lies empty, it is merely a white town in question, which is my home town. This is elephant, but I would argue that it is very because of the pressure to build more residential important for extensive property portfolios to be developments. This effectively would exclude in place so that people who come to the region existing companies from expanding and reaching have the opportunity to look at various factories their full potential and, ultimately, prevent them and move in straight away. I regret that we do from employing more people. I was informed by not have the significant property portfolio pos- Donegal County Council that it was not a sessed by Shannon Development, as indicated by development agency, which I fully accept. I am the Minister in his speech. This factor has not aware that Shannon Development will have a helped when we brought people into the regions very strong link with Clare County Council. The because we have not been able to point to poten- local authority has the same responsibility as any- tial opportunities for immediate start-ups. one else to aid local economic development, I have advocated and continue to advocate the particularly in respect of the disposal of land and need for industrial units, both in selling the area premises. The Government should be actively to prospective companies thinking about coming pursuing this area. While on one hand, there is to the area and selling an enterprise culture to the disposal of large capital assets and the making our home-grown companies to let them know of a profit, on the other, there is an argument for that we have faith not only in their efforts but beginning to accrue land in small towns specifi- also in their ability to grow a sustainable and cally for industrial and commercial development profitable company. We certainly cannot make a by local small businesses so that the potential for mistake about it in the north west. Home-grown job creation measures exist even within regions. companies are by no means looking for hand-outs In regard to enterprise development space, we and I am sure the same is true in the Shannon have listened in recent months to new and excit- region. These companies have been quietly tip- ing plans for the north west. I am glad these are 1421 Industrial Development Bill 2006: 16 November 2006. Second Stage 1422 being unveiled in regard to infrastructure and all- There is a need for higher standards of infra- island co-operation through the inter- structure in my county and elsewhere throughout departmental group and the north-west gateway the country. Roads and water and sewerage initiative. I acknowledge the Minister has visited schemes need to be progressed. Energy provision the north-west region on a number of occasions and reliability of services must be guaranteed. My in this regard. area is one of the 10% to 15% of areas that still In as much as we are seeking new exciting does not have rural broadband access. Such initiatives for the Shannon region, on an island access is needed as a priority in County Donegal, basis this is probably one of the most opportune given that the county is being promoted as a times for pilot initiatives and for an initiative that work-life balance destination. Given that will be marked as historical. This can be seen to Shannon Development also has a tourism dimen- be tied up in many respects to the current debate sion, the people there will understand when I talk on whether the Executive will be re-assembled in about the need for the provision of basic infra- March. Ultimately, the success of our region structure throughout the region to ensure that relies on the peace process that commenced a these opportunities are realised. number of years ago but which has still not Connectivity used to be the buzzword and realised its full potential. We have seen the some would say it will be a phrase of olden times potential for road and other basic infrastructural by the time broadband is rolled out to Inishowen, investments in the north west. I accept the Mini- but I do not believe so. The Minister for ster cannot do this single-handedly. Communications, Marine and Natural Resources Many of our problems are related to accessing is progressing broadband access to the remaining the region. The Minister is not responsible for a 10% to 15% of areas that do not have it. We are number of the counties in Ulster. Therefore, the well on the way to being fully covered and connected. regional development and economic potential of our area rely heavily on the outcome of the cur- While we have done a considerable amount to rent debate in the Six Counties of Ulster where raise living standards through the introduction of and increase in the minimum wage, we must be hopefully the peace process will be cemented. I mindful that this adds to the burden of compan- call again for the people in charge of driving that ies. This aspect is as relevant in Shannon as it process, the two main parties and their supporting is elsewhere. It is particularly more difficult for other parties to stop prevaricating and realise that smaller companies to absorb those increased their people need the investment that is being costs and the costs associated with PRSI contri- offered by Gordon Brown and by the Govern- butions. Many companies are struggling to make ment. In that sense, our region needs them to, payments and cover wages on a weekly basis as pardon my use of the phrase, get their finger out their cash flow is being squeezed by slow payment and face the reality of what they should be at, by larger suppliers while their tax burden remains namely, local politics. a weekly bill that must be paid. In regard to the north-west gateway initiative, There are many pressures in my region in there is a real opportunity to harness and attract regard to the sustainability of companies, which development into the north west. A key area for must bridge the gap between receipt of payments this provision is enterprise units in Bridgend, due and the payment of moneys owed. The Burnfoot or Muff. This is a prime location in decrease of our rates base following the closure terms of three-way access between Letterkenny, of many large textile industries has put pressure Derry and Buncrana. Our regional development on county councils to increase rates every year must be simply that — spread throughout the and the burden of that cost falls on the small north-west region. Letterkenny is booming not number of companies in place, which is a vicious least from a commercial perspective but it has negative cycle. The Minister might discuss with also virtually burst at the seams. It is good to see the Minister for the Environment, Heritage and that. We have a role in encouraging and pushing Local Government the possibility of increasing prosperity into other small towns, encouraging the basic payment from that Department to the them to develop and grow. local authorities in recognition of the pressure In regard to developing an enterprise culture, they are under. In towns such as Buncrana, it is a case of which came first, the chicken or the approximately 48% of the rate base has been lost egg. To develop an enterprise culture, the infra- with the demise of the textile industry. That puts structure must be there and to develop the infra- untold pressure on the smaller industries that are structure, the enterprise demand must be there. trying to maintain themselves. This probably also We must be proactive and take responsibility for applies to other regions but it is particularly rel- creating an enterprise culture and driving it for- evant to my region given the loss of textile indus- ward. Developments such as the north-west gate- tries there. way initiative and the work the Minister is doing In our recent history we have been known to in co-operation with the Letterkenny Institute of offer tax breaks as incentives for various initiat- Technology, the Sligo Institute of Technology ives. The tax breaks for the arts are important and the colleges in the Derry area are important and should be targeted at the right people. Some- in this respect. times it is argued they are not given to the people 1423 Industrial Development Bill 2006: 16 November 2006. Second Stage 1424

[Cecilia Keaveney.] on our indigenous people and ensure they have who need them most. I would like to see the the opportunities here rather than having to go Government, particularly when we are seeking to abroad while other people migrate here to fill the maintain our competitiveness, take a more gaps in employment. I hope the Bill will be of creative view of assisting small businesses in benefit to the south-west region and I look for- terms of tax and responsibilities as an employer. ward to a continuation of expansion of employ- Often an important employer, albeit on a small ment in the north-west region. scale, particularly in rural communities can be the one that is under most pressure. Mr. Deenihan: I am glad to have an oppor- I fully commend the work of the county tunity to speak on this Bill. The Minister outlined enterprise boards. They have introduced low the purpose of the Bill, which is in accordance interest loans and softer supports. I also com- with the new mandate for Shannon Development mend Enterprise Ireland on its work with specific announced by him in July 2005. The indigenous sectors. However, I would like to see more co- industry functions carried out by Shannon ordination in terms of supports for local industry, Development under delegated authority from less movement of the goalposts and satisfying Enterprise Ireland will revert to Enterprise criteria and more practical assistance with tax and Ireland on 1 January 2007. I commented on this PRSI contributions. decision when it was first announced by the Mini- While I may stand to be corrected in this ster. Shannon Development is the most successful respect, I would like IDA Ireland to encourage regional agency in this country and was the only more companies to locate in our region, as we integrated regional development agency. have much to offer. I would like the region to be We examined regionalisation when it was the better promoted and more companies to locate buzzword in the 1980s and early 1990s. At that there such as AssetCo, PowerBar, PowerBoard time, Shannon Development was held up as an which located there recently and the other small example of how a regional agency should be number of companies that are based there. structured and managed. Its role was deemed to In some respects some of the education issues be the proper role for a development company. are pertinent to my area rather than to Shannon As the Minister stated, “For more than four dec- Development. We are pushing forward in govern- ades, initiatives developed and delivered by the ment the debate on third and fourth level edu- company have been adopted and reproduced suc- cation. It is important we continue to maintain an cessfully in Ireland and internationally.” Why outturn of highly qualified potential employees break up something so successful? I am all for and business people because employers else- change and I realise we must adapt our strategies where in the world are seeking to recruit Irish and structures to measure up to the competition people as they recognise that they are well edu- and be more efficient. However, is it the right cated and their ability to perform internationally decision in this instance? I question the motiv- is high. Therefore, we must ensure that we retain ation for the decision and will ask questions on a number of these high-fliers in our regions. the real motivation behind the dismantling of To that extent it is important to ensure that if Shannon Development. people in areas such as County Donegal want to The Shannon region, particularly the Ennis- attend the university closest to them, namely, the Shannon-Limerick axis, is one of the most universities in Derry, Coleraine and Belfast, they dynamic parts of the country. Before the present should be alleviated from the burden of the pay- boom was experienced in Dublin, the Shannon ment of cost of third level fees. The cost there is region was always held up as a shining example. £3,000 per child per year, which places a heavy Despite what happened in the rest of the country, burden on people, particularly those who would it was always successful even during the bad times qualify for a maintenance grant. For example, if of the 1980s. Because of the airport and the Uni- students were to qualify for a maintenance grant versity of Limerick, Shannon Development and a family has children in college, the payment attracted some of the first electronic, technology of £9,000 a year in college fees would be a sub- and pharmaceutical industries into the region. stantial body-blow. If a student applies for a loan Although some people would state otherwise, for maintenance, he or she might be granted a I always regarded Shannon Development as an loan for the cost of fees but I am informed that extremely dynamic instrument for development the student would not be granted a loan for the in the area. Without its presence, I doubt the cost of maintenance. greater Shannon region would be as vibrant as it These issues are pertinent. If we want to keep is today. The executive and the board of Shannon good people in our regions to attract other com- Development will do what the Minister tells panies to build indigenous companies, we must them. However genuine concern exists within the be assured that the debate on third and fourth organisation about its reduced role. level education becomes a reality and that all In the late 1980s, I promoted the idea of people on this island get an opportunity in that Shannon Development taking over responsibility respect. We have relied on people migrating from for north Kerry, where it made a major impact. other parts of the world to fill the gaps in employ- It created Kerry Technology Park in Tralee, ment terms. It is important that we always focus which is on the same site as the institute of tech- 1425 Industrial Development Bill 2006: 16 November 2006. Second Stage 1426 nology. The successful synergy operating between are providing a legislative basis, has been well the college and the technology park spawned thought through and will not diminish in any way some of the country’s top entrepreneurs. the dynamic that was created within the region. Recently, Jerry Kennelly developed a product, Shannon Development has also been involved Stockbyte, which he sold on for approximately in the Shannon LNG project to import natural \130 million. At the Entrepreneur of the Year gas to the Shannon Development landbank in competition, Alan Scroope was recognised as one Kerry. Shannon Development held on to this of the top young entrepreneurs. The park has sev- landbank of 600 acres between Tarbert and eral success stories and would not be there with- Ballylongford. Some time ago, there was a pro- out Shannon Development. posal to sell this land but the company held on In Listowel, Shannon Development created a to it and took it over from the IDA. It has now business park where most of the units are now succeeded in getting this important project not occupied. The money for this came from the only for north Kerry and specifically the Tarbert- rental of its own property portfolio. It was not Ballylongford area, but also for the country at Government money although I see Ministers large. coming to Kerry and claiming responsibility. Natural gas is imported mostly from the UK Because of the break up of Aer Rianta, a and is becoming the global fuel of choice for elec- Shannon airport authority will be created. As a tricity generation and other industrial energy con- subsidy from Aer Rianta will no longer be sumption. This project on the Shannon estuary, received, from where will it receive funding? I which has been driven by Shannon Development, fear revenue from the property portfolio of will be very important for the region. I wonder, Shannon Development will be directly invested in however, what Shannon Development’s future the airport authority. That is not good economics. role will be in attracting industries, such as the Will the Minister clarify the matter? How will the LNG project, into the Tarbert-Ballylongford revenue which was used to regenerate industry landbank. I understand Shannon Development and provide technology parks and business has attracted another interested party, which has centres now be used? Will Shannon Development connections to similar projects in Europe, with a still have the use of that money or will it go to view to doing another project. All of that has the airport authority? arisen because of Shannon Development’s mar- Shannon Development is extremely creative keting expertise, presentation, experience and the and through its initiative created the e-town con- confidence the organisation has developed over cept whereby it designated a number of e-towns the years. in the region, one being Tarbert, County Kerry. The north Kerry area has lost many of its trad- Tarbert is a small community which will be itional engineering companies. From Tralee to affected by the closure of Tarbert power station with the loss of 129 jobs. I hope Shannon Tarbert we have probably lost approximately ten Development will continue to support the e-town to 15 such firms over the past ten years. These initiative and that it will mean the provision of companies employed from 50 to over 200 workers broadband connection and other facilities in but they are now all gone. We have had little or Tarbert which will create alternative jobs when no foreign direct investment in the area in that the power station closes. period. The IDA has brought five itineraries to Until last year, Shannon Development had the area in the past five years. We have had to responsibility for tourism promotion in north depend totally on Shannon Development to Kerry, but the Government decided to remove provide important jobs such as those in the tech- that responsibility from Shannon Development. nology park in Tralee. Hopefully, new jobs can However, while the decision was made, the struc- also be created at the landbank. During its con- tures for transition were not put in place. Despite struction stage, this project will bring in about 400 the extremely good people appointed by Fa´ilte people and about 50 permanent staff later. The Ireland to administer tourism in north Kerry, I proposed project is close to the Tarbert power am convinced we lost out. The fact there was station, which employs 129 people but is due to some turmoil within the Cork-Kerry tourism close shortly. Under the new arrangement, I hope authority did not help either. The presence of the dynamic created by Shannon Development in Shannon Development and its hard working the region will continue. offices provided a major boost to tourism in north North Kerry and west Clare must be the most Kerry. It was only when the remit was taken from peripheral and marginalised region in the coun- Shannon Development that people realised how try. There is a national secondary road servicing effective it had been locally. That is an aside, north Kerry, which runs through west Limerick, however, which does not concern this Bill. It is all the port of Foynes, into Tarbert and via Listowel part of the dismantling of Shannon Development, on to Tralee. Very little funding is going into which was a dynamic regional authority that was national secondary roads. Kerry accounts for held up as an example to authorities not only in 13% of all national secondary roads in the coun- this country but all over the world. I hope it is try. The National Roads Authority is concentrat- being dismantled for the right reasons, but time ing its funding on national primary roads but will tell. I hope this development, for which we north Kerry does not have such a road so the area 1427 Industrial Development Bill 2006: 16 November 2006. Second Stage 1428

[Mr. Deenihan.] I am delighted to have had the opportunity to is disadvantaged, marginalised and suffering as a speak on this Bill as it is very important for the result. area and will hopefully lead to better things for In any new overview of the region, I hope the the region. I hope the Minister will address the N69, which is our national secondary road, will points I have raised. be prioritised for funding. The road services one of the busiest ports in the country at Foynes. Now Mr. Ellis: This Bill gives me an opportunity to that it will also service the new development on raise some issues relating to the area I represent, the landbank, which hopefully will take place, the particularly recent Glanbia decisions and the road should be earmarked for major investment. Green Isle food plant in Boyle. Glanbia, despite I agree with connecting the main cities with a being a public company has totally abdicated its state-of-the-art primary road network and, as responsibilities with regard to the plant it took someone who drives regularly from Kerry to over from the Hanley family in Rooskey some Dublin, I value the major developments along years ago. Once the fire took place there and the that route. Funding must continue for the decision was made not to rebuild it, Glanbia national primary road network if we are to have decided to take the proceeds of its insurance a proper spatial strategy. If we are to achieve claim, to which it was entitled, and use them in balanced regional development, however, we its operations elsewhere in the country. cannot allow places like north Kerry and west The final straw for the people in the area came Clare to fall behind just because they are not on this week when the cannery which had operated the national primary road network. In view of the since the fire, and provided 85 jobs, was closed. new brief the Minister has given to Enterprise We should examine the options that were open Ireland for the region, and the fact Shannon to Glanbia. It is a public company that operates in Development will have a different type of brief, the agri-sector which means it should have some I urge the Minister to ensure the road network responsibility to people in rural Ireland. In the and other infrastructure, including broadband, be case of Rooskey, Glanbia had the opportunity to part of the new brief. support a management buy-out that would have In his speech, the Minister said Shannon continued to run the plant as a going concern. Development will address the needs of less The board decided it would not support this developed parts of the region. If my interpreta- option and I would appreciate if it would give the tion of that new role is correct, there will be an details concerning how this decision was reached. important role for Shannon Development in pull- The management buy-out was critical to the ing together all the strands concerning under- development of the business and I believe Glan- developed areas such as north Kerry. The Mini- bia has been trying to run down the business for ster should designate north Kerry and west Clare the past 12 to 18 months. Questions must be for pilot projects under the new arrangements. It answered as to why the buy-out was not sup- should be possible to do so. The Minister should ported and jobs saved. provide that reassurance to people in that region In the wake of the fire at the Glanbia plant in which case they would be less concerned about Rooskey saw the loss of 500 jobs leaving only 85 the future role of Shannon Development there. in the cannery. I feel the State agencies would I am glad to have had the opportunity of mak- have supported the management buy-out to ing a few points on the record concerning develop the business but it is obvious Glanbia Shannon Development. It represents a success decided selling the property would be preferable story going back to the great Mr. to maintaining the business. I feel this is wrong 2 o’clock Brendan O’Regan. The organisation because the project would have had a future if has done so much for industry and the buy-out, which was supported by a Dutch tourism, in addition to establishing the University company, had received Glanbia’s support. I sug- of Limerick. It also developed the free zone gest Glanbia make the site available to Enterprise around Shannon Airport, which was unique at Ireland to seek an alternative industry serving the that time. That model has been used since then, people in the area. If it does not do so Glanbia not only here but also in other parts of the world must explain why it will not consider the manage- to attract industry. Its role in attracting industry ment buy-out. I believe the option is still there to the region at an early stage should be acknow- and, if taken, could save 85 jobs. ledged. Hopefully this will not be diminished Some might say 85 jobs is not a significant The Minister occasionally appears in Kerry number. However, 85 jobs in Roscommon, when he has a positive announcement to make. Leitrim or anywhere in rural Ireland is probably One of his party colleagues recently announced a equal to between 400 and 500 in one of our major new call centre for Tralee and he has been invited cities. The effect of the loss of these jobs on the by the chamber of commerce there to visit some local economy is frightening and we have seen time in January. I call on him to designate the the effect of the fire which saw the loss of over Tarbert Ballylongford land bank as an energy 400 jobs. It is easy to say redundancy will be paid park and give Shannon Development, in its new and other opportunities will arise but we are talk- role, responsibility for developing that property. ing about people with skills relating to the meat 1429 Industrial Development Bill 2006: 16 November 2006. Second Stage 1430 industry, such as boners. Such skills may not be Knock International Airport can be reached in easily redeployed as new opportunities arise. only 50 minutes. Enterprise Ireland and the IDA Boyle saw a similar situation recently when the must ensure they achieve regional balance in Green Isle plant closed with the loss of 80 jobs. terms of the location of new jobs. Despite the best efforts of all involved, nothing While we all accept the market for attracting has been done regarding the provision of alterna- inward investment has become much more com- tive employment. Enterprise Ireland, in conjunc- petitive, Ireland still has considerable advantages tion with Roscommon County Council, the local over other countries as regards industrial chamber of commerce and other voluntary bodies development. Corporation tax rates are the low- in the town, is seeking an alternative industry for est in Europe, the wage system is attractive and the area. the personal tax system is the envy of many other Both cases concern projects that received sub- countries. We should be able to encourage stantial State aid and it may be necessary to inward investors to locate in areas some distance examine the period a company must remain in a from Dublin, Cork, Limerick or Galway. region to qualify for such support. If a company In levelling criticism it is also important to decides to relocate, the State should recoup a applaud success. My constituency has successfully larger amount than it currently does in such cir- attracted a number of major companies. Mason- cumstances. If something is not done on this issue ite, for example, established operations near the agri-based industry in the country will suffer. Carrick-on-Shannon in the mid-1990s. This was The co-ops were producer friendly but the public the first large investment in the area by a non- limited companies, PLCs, in question nowadays indigenous company in my lifetime. It has made are anti-producer and every reduction in price a major contribution to the economy and work- comes at the expense of the primary producer. force and should be complimented on the way in The farming organisations and interest groups which it runs its business and on successfully must remain vigilant to ensure primary producers expanding its operations. receive a reasonable price. In the past ten years, productivity has signifi- The arrival of the PLCs has not been in the cantly increased. The recent Forfa´s report best interests of producers because they are entitled, Overview of Ireland’s Productivity Per- driven solely by the profits they create for share- formance 1980-2005, would make good reading holders. I accept rationalisation must take place for many people. The report stresses the need to in certain industries but not with primary pro- improve productivity and notes that Ireland has ducers and workers bearing the brunt of cuts enjoyed substantial economic growth since 1990. because they have always been the first to lose It states that whereas growth in other OECD out as PLCs focus on the bottom line. economies over the same period was driven more There is a need for balanced development. by increases in productivity than employment, Major developments are taking place in cities and Ireland’s growth has been built on gains in both many areas of rural Ireland are finding their life- areas. Productivity increases, it argues, must be blood drawn there. Some rural communities are the key driver of future growth. suffering due to a lack of employment oppor- Upskilling will be required to deliver increases tunities, particularly for graduates. Our rate of in productivity and incentives must be introduced third level education is extremely high and we to ensure people receive the necessary training to produce a large number of graduates every year upgrade their skills on a continual basis. While who rarely return to the community from which the economy continues to achieve significant they came. Graduates tend to join companies annual rates of growth, much of our employment based in our large cities and towns. Enterprise continues to depend on the manufacturing sector, Ireland and the Industrial Development Agency which is finding it increasingly difficult to com- should seek projects, perhaps small ones in some pete with companies from eastern Europe and cases, that can grow in rural areas. Most areas the Far East. For this reason, Enterprise Ireland now have broadband and the necessary devel- and other State agencies must provide funding for opments which allow businesses operate. Our upskilling. FA´ S has done much good work in infrastructure has improved a great deal and I can upskilling people but this issue must be examined now safely drive from Dublin to Carrick-on- in the context of future economic development. Shannon in less than two hours due to the new The most significant recent industrial develop- N4 road which bypasses several towns. In that ment in south Leitrim and north Roscommon was context, there is no reason this region should not the decision by MBNA to locate in Carrick-on- be considered as attractive to major industrialists Shannon. Recently acquired by the Bank of deciding to locate here as our major cities. The America, this credit card company employs area also has the advantage of being less than one approximately 1,100 people in a town with a hour from Sligo and Knock airports. Enterprise population of approximately 4,500 people. It is, Ireland and the Industrial Development Agency therefore, a major employer in Carrick-on- are not pushing companies to locate in areas Shannon and the surrounding district. We must which are regarded as peripheral because they support efficient companies such as MBNA are more than one hour from an international air- because they provide employment for our highly port. In the case of south Leitrim, however, skilled young people. I appeal to Enterprise 1431 Industrial Development Bill 2006: 16 November 2006. Second Stage 1432

[Mr. Ellis.] projects and prevent the development of infra- Ireland and the IDA to try to attract other com- structure which will give opportunities to periph- panies offering similar employment to locate in eral areas to develop and become attractive for the area. The region has the advantage of third industry. The Minister has taken an initiative in level IT colleges in Sligo and Athlone and a Glanbia in Rooskey but we still face the serious number of smaller third level colleges elsewhere, situation where many agri-based projects find the all of which produce highly skilled graduates processing industry is controlled by PLCs, which suited to this type of employment. is having an adverse effect. It has been suggested that MBNA plans to We support the Minister’s efforts in this Bill move into the insurance business. I appeal to the but the Departments, Enterprise Ireland and the company to consider establishing its base in my IDA must look at the regional areas that have region. Its experience in the area has been good suffered most due to population decline and a and local people have been supportive of its lack of industrial development. They must seek efforts. out projects to replace those indigenous projects In discussing industrial development, we over- that are vulnerable in the global economy today. look another major sector, namely, tourism. It is argued that tourism is the main prospect for cer- Mr. Crawford: I welcome the opportunity to tain rural areas. Tourism Ireland, the Minister for speak in this debate but, like the previous two Arts, Sport and Tourism, Deputy O’Donoghue, speakers, I will not dwell on the Bill. Shannon and others have done their utmost to support Development has a proud record and I wish it tourism programmes and promote projects. For well in its change over to Forfa´s. It created jobs example, the tax incentives available for the pro- in a difficult areas. vision of hotel accommodation were welcome Many years ago the previous Minister visited and made a significant contribution. In my con- us in the Lough Egish area. We were seeking a stituency, however, tourism projects are facing a similar tax regime to the Shannon or Cork areas new problem. In Boyle alone, An Bord Pleana´la to develop industry. The proposed closure of the has refused permission for four or five major Lakeland Dairies milk powder plant in the sum- tourism projects for minor reasons, including, in mer of next year brings the issue of the Lough one case, the presence of bats. The proposed \250 Egish development park back into focus. million investment in question would have Through no direct fault of the Minister or the created major opportunities for Boyle and the IDA, Cavan and Monaghan have not made much Lough Key area. An Bord Pleana´la’s decisions progress. The situation in Northern Ireland and send out the wrong signal to those who want to the lack of infrastructure have caused many diffi- invest in tourism. They will result in additional culties. Thankfully, infrastructure is improving investment in areas that are already over-sub- and the Northern situation, which has improved scribed in terms of tourist numbers and in which dramatically, should be finalised within the next planning is not an issue. Tourism projects that few months. There will be no further excuses then would make a major contribution should be fully for those involved in inward or national invest- supported by all State agencies. As we are all ment from seeing Cavan, Monaghan and Donegal aware, one individual can overturn the best laid as areas for industrial provision. plans for developing projects. All parties visited the milk powder plant in The problem of objectors also applies to indus- Lough Egish. There was still some hope at that trial development. The not in my back yard — stage that four of the co-operatives in the north- NIMBY — attitude has played a major part in east might come together to establish a cheese many proposals for industrial development. The factory using the plant’s premises. We got the consultation process must be weighted against good news that the Minister for Agriculture and opponents of developments because we cannot Food had provided grant aid of \100 million for afford to allow international or national compan- such projects. Unfortunately, within weeks of that ies seeking to expand their operations to be held announcement, the situation was changed and a to ransom by objectors using the planning pro- ceiling of \12.5 million grant aid or \25 million cess. In recent years, a number of major projects investment was laid down. As anyone involved in have been delayed by objections lodged with An the sector knows, that would kill off the idea of a Bord Pleana´la, the national courts and the Euro- cheese factory. I hope there may be a way around pean Court of Justice. The most prominent of it because there are cold stores and drying plants these was probably the repeated delays to the M3 that could be used for whey and other products, motorway project. While the objectors finally minimising overall costs. It is hard to understand raised the white flag, they did so only after they why such changes happen in middle of the had added significant costs to the project. Delay- process. ing the construction of an infrastructure project I pay tribute to the Molloy and Sherry families by three years will probably double its cost. It is who owned the premises next door to Lakeland unfair that people can lodge objections and hold Dairies in this rural area. They own a cold store up progress without being required to make a and a number of factories and have undertaken a contribution towards the cost of the delay they major investment programme that was visited by cause. This tactic has been used to delay other the then Minister for Enterprise, Trade and 1433 Industrial Development Bill 2006: 16 November 2006. Second Stage 1434

Employment, Deputy Harney. We never heard a Returning to the situation in Cavan-Monaghan, reply, however, to our request for a tax benefit. where the Minister has been in the not too distant It was unfortunate that Mr. Sherry felt he had to past, I advise that we are at last getting the infra- sell out because of the lack of support he got for structure there right. I pay tribute to everybody the number of units he provided. concerned. It was one of the issues I stated clearly It has since been taken over by another indus- would be a priority when I entered this Chamber trialist, Mr. Paul Shortt, and I hope the Minister 14 years ago. I congratulate everybody who has and the Minister for Agriculture and Food will brought us this far. ensure the necessary help is given to this estab- The Acting Chairman, Deputy McGinley may lishment to allow for full use of the existing build- not be here long enough to see the full benefit of ings and the erection of new buildings. This man the Castleblaney bypass, as he is retiring, but it has provided employment in the Castleblayney will leave us within an hour from Dublin at area, working with Heinz in Dundalk and the Carrickmacross and within two hours from Kerry Group in Carrickmacross to bring in raw Dublin in Monaghan town. The road will bring material and export the final product. He would the trip down to approximately an hour and 45 offer a great service to any industry that set up in minutes. Infrastructure is no longer an issue. We Lough Egish. He is an Irishman and should enjoy are within that journey time from the airports. By the same support as any foreigner who comes in. 22 December, we will be closer to Dublin Port, The closure of CPV in Clones was a blight on and we have access to Larne and others already. the area. The then Minister’s main interest was in I beg the Minister to spread the message, getting back the few hundred thousand euro in especially to those interested in setting up here, grants she claimed was owed to the IDA, instead that we have the availability of land. We have of encouraging someone else to take over the fac- some advance factories built by the private sector, tory. It has been bought by a number of different and we have personnel and staff who would be groups but little progress has been made in willing to come back to live in Cavan or replacing the 150 jobs in this depressed area. Monaghan if they got the opportunity. Thank- More interest in the area should be shown by the fully, we are getting a small level of decentralis- IDA and Enterprise Ireland. ation in Monaghan, and I hope it will be a greater Deputy Ellis mentioned the co-operatives that level in Cavan. had become PLCs. There is doubt this has had a We need high-tech jobs. For whatever reason, major impact. The difficulties in Lakeland Dair- most of our young people seek third level edu- ies, although it is not a PLC, are more related to cation. The opportunities for these people to the banks than to farmers, which makes me wor- return and work in Cavan and Monaghan are not ried for the future. It is strange to see that water, as they should be. The Minister’s predecessor which costs a nominal amount to bottle, is more reminded me several times that we have one of expensive than milk. My farm produces liquid the higher levels of immigrant workers in milk and it is scandalous that this high quality Monaghan. That is because we are in the food product which has served the country so well has and furniture industries, for example, which deal been failed by the co-operatives, particularly the with manufacturing jobs. That is not acceptable, PLCs. They deserve a great deal of criticism for and we need real help from the IDA. the way they have failed to sell it compared with The only outside jobs created in Monaghan in companies like Coca Cola. There is a factory on recent years came through Associated Packaging, the border between Cavan and Monaghan. I gave outside Carrickmacross. I was directly involved in a graph it provided to us to the Irish Farmers’ the process. That company did not take any capi- Journal, and it is published on the second page of tal grants from IDA. The buildings were con- this week’s edition. It clearly shows we are no structed for them by a private entrepreneur, longer competitive with regard to power. It is dif- being changed from another business. That is the ficult to understand that in a world economy, the only major group to come in. price of electricity for 2007 will be \1.10 per kilo- I am told by Deputy Deenihan that the Mini- watt hour in Ireland. The price is 62 cent per kilo- ster visits Kerry and such places. We would wel- watt hour in the Netherlands, where this company come the Minister to Monaghan and I guarantee has another factory, and a factory belonging to him a safe journey. the company in France pays 55 cent per kilowatt hour. In other words, France is half the price of Mr. Martin: I have been there this year. Ireland for power in 2007. There are 300 jobs at risk in the Wellman plant Mr. Crawford: We want something delivered. in Mullagh, County Cavan, on the border between Cavan and Meath. There is a cost to that Mr. Martin: I visited one of the area’s better plant of electricity alone, compared with France. companies, Combilift. We are not talking about China or the Far East, but another EU country. The cost is a 50% differ- Mr. Crawford: I apologise, the Minister was ence, 55 cent per kilowatt hour in one and \1.10 there. Again, that was a private individual who for the same unit in the other. Some \2 million is started off in a farmyard many years ago. Today, the charge to Wellman for that alone. a planner would tell anybody trying to start off in 1435 Industrial Development Bill 2006: 16 November 2006. Second Stage 1436

[Mr. Crawford.] Ireland on 1 January 2007. The reversion of these a farmyard that it is not allowed. That shows how functions will also involve the transfer of approxi- negative our personnel are. mately 40 staff from Shannon Development to Enterprise Ireland. Mr. Martin: The Deputy is speaking about The purpose of the Bill is to provide a legislat- county councils now. ive framework designed to facilitate the transfer of the individual staff members concerned and Mr. Crawford: I have one case where the provide a statutory guarantee to staff, where so enterprise board gave a grant towards setting up designated, that the pay and service conditions, a small company in a farmyard, yet the council is as well as pension arrangements, will not be telling the person in question he will not get the diminished by virtue of the transfer. That is very planning permission to change from agricultural important to staff. to industrial use. That shows how negative and It is important to state that there have been a out of touch some of these people are. The Quinn number of recent developments which have Group in Cavan is another example of a local necessitated some of these changes. There has person giving tremendous employment through been the establishment of the independent his group’s insurance and other operations. Shannon Airport Authority, an important step I have major anxieties over the farming and pig which gives a real mandate to the people in the industries. Unless we can act to safeguard those mid west to develop international air transport to from the nitrates directive, we could lose more an extent not possible before. In the past year, I jobs in Cavan-Monaghan. Tourism and con- noted that people from the midlands have gone ference centres are doing well in spite of the to Shannon when they wanted to fly to the Troubles. United States or even Europe and the United There is a commitment from the UK Govern- Kingdom as it is much easier to get to Shannon ment towards the peace process in Northern from the midlands region than to go through the Ireland in real financial terms. I wish to ensure traffic jam that is involved in getting to Dublin our Government has the same proud record as it Airport. had at the Anglo-Irish Agreement and the signing The proposed relocation of the headquarters of of the Good Friday Agreement. Money was made Enterprise Ireland to Shannon as part of the available through IFI and EU funding. Thank- Government’s decentralisation programme, the fully, our Government now has sufficient funds transfer of responsibility for Shannon town from for this as a result of the Celtic tiger etc. Shannon Development to Clare County Council Money must be invested not just in the Six and the abolition of the licensing requirement for Counties, but in at least some of the six Border companies setting up in the Shannon free zone counties. Sligo and Louth have received fairly form the background for this legislation. major investment in one way or another, such as through colleges, industry etc. The likes of Cavan, This Second Stage debate provides me with an Monaghan and Donegal have not. I urge the excellent opportunity to speak on the subject of Minister for Enterprise, Trade and Employment, industrial development and to refer to matters as well as the Government as a whole, to ensure that flow from this legislation. This Bill will affect they use the next few weeks and months to make the Offaly part of my constituency of Laoighis- a major commitment to re-stabilising that area, Offaly which used to be under the aegis of which suffered so much over the past 35 years. It Shannon Development, even though it is a little suffered in many ways over which we had no removed from the area. The number of control. employees of foreign-owned multinational com- There is goodwill and opportunity there. The panies is at approximately 200,000 people out of UK Government has already made a commit- a workforce of approximately 2 million, amount- ment of sorts. I urge our Government to do the ing to 9% or 10% of the total workforce. This is a same. We on this side of the House will give the vital form of employment provided by companies Government any support required to get that with an international perspective which help package through. Ireland’s promotion on the international stage. Ireland has been very successful in attracting Mr. Fleming: I welcome the opportunity to foreign investment due to the good work of agen- speak on this piece of legislation, the Industrial cies such as IDA Ireland, the Minister and the Development Bill 2006. I wish to share time with Department. Deputy Nolan, whom I expect in the Chamber The statistics show that Irish people will invest shortly. more funds abroad than foreign companies are This is a short piece of legislation dealing investing in Ireland. This is attributed to the fact specifically with the new mandate recommended that Ireland is a mature economy. For many years by the enterprise strategy group for Shannon Ireland was the beneficiary of money from the Development. It indicated the indigenous indus- European Union but now that we have made a try support functions carried out by Shannon good fist of managing our own resources we are Development under delegated authority from strong enough to be less dependent on people Enterprise Ireland will revert to Enterprise coming to help us out. Ireland’s open market 1437 Industrial Development Bill 2006: 16 November 2006. Second Stage 1438 economy attracts foreign investment but there is We are working on improving third level edu- an equal number of Irish people investing abroad. cation in the county. Many Laois people currently attend the Carlow Institute of Technology. We Notice taken that 20 Members were not present; are examining the possibility of opening a campus House counted and 20 Members being present, attached to that institute in Portlaoise. Should it go ahead, it would be called the midlands, or Mr. Fleming: I thank the Fine Gael Whip for south-east, institute of technology. calling a quorum and bringing the Taoiseach into I firmly believe that the midlands region needs the House to hear my important intervention on an airport. Traffic to and from Dublin Airport behalf of County Laois and industrial develop- can only be described as horrific. On the radio ment in the midlands. I am very pleased with the yesterday, someone said it had taken him five audience and I know the point is well taken. hours to fly to Dublin from Boston, but two and Enterprise Ireland has a particularly good track a quarter hours to get from the airport to record in County Laois. It has been responsible Ballsbridge. That is off putting. It would be wel- for Irish companies increasing employment in come if, in conjunction with its military facilities, Portlaoise and in the county. I also note the good Baldonnel could be used as a commercial airport. track record in this regard of the county The entire midlands could be served by such an enterprise board. airport. Dublin Airport has major development Modern industrial development is no longer to plans, but the number of passengers is increasing be associated with physical development and jobs enormously. People in the midlands are now trav- in industry. I regard jobs in the tourism industry elling to Shannon Airport where there is greater as industrial jobs because tourism is one of our ease in accessing the terminal building and the major industries and remarkable development car park; one need not worry about negotiating has taken place in that sector in County Laois. the M50. One can predict the journey time to Seven new hotels have been built in County Laois Shannon Airport with much greater accuracy. I in the past seven years, six of which are brand accept that any new airport would have to be new buildings while one of them replaces an funded by private investment, but I do not have existing hotel. The situation has changed from a an issue with this prospect. I would like to see single hotel in Portlaoise to having three major such investment attracted to Baldonnel on the hotels in the town and seven new hotels in the south side of Dublin. It would be within 40 or 50 county. IDA Ireland would always have stressed minutes of much of the midland region. the importance of having such facilities when I encourage the IDA, Enterprise Ireland and industrialists are coming to a region to visit the the local enterprise boards to continue their work IDA Ireland park such as that in Portlaoise. It is in Laois. We would like to see greater activity a top class facility on a 47-acre site which is very from the IDA in the county than we have had close to the centre of the town. It is landscaped recently. and finished to a high standard. It contains a fine office block which, hopefully will soon be occu- Mr. Nolan: I welcome the opportunity to speak pied by an Enterprise Ireland or IDA client. If on this legislation. I understand the Bill is that is not possible, perhaps another suitable designed to facilitate the transfer of functions and business could be allowed to use the facility. to guarantee staff rights from Shannon Develop- Another industry also operates on the site and ment to Enterprise Ireland. This debate provides recently the Minister and the IDA agreed that Members of the House with the opportunity to part of the 47 acres will be used for the decentra- outline the concerns and difficulties they may be lisation of the Department of Agriculture and experiencing in their counties regarding employ- Food. There will be much activity on the site in ment and the sourcing of direct investment by the coming years. An office block to house 800 the IDA. people in the Department of Agriculture and We in the constituency of Carlow-Kilkenny, Food will be a major development for that part but particularly in County Carlow, are hugely dis- of town. I hope it attracts other developments appointed with the efforts the IDA has made to into this first class IDA site. place foreign direct investment in Carlow. I We have other sites in Portlaoise for develop- recently saw a report that showed the number of ment, such at the Togher interchange near the IDA-created jobs in Carlow to be minuscule. I motorway. If heavy industry is not to use such have discussed this with the Minister in the past. sites, I would like to see financial services com- Ireland’s economy has performed strongly in panies coming to County Laois. Quinn Insurance recent years and the type of jobs we are attracting recently announced a large new operation in has changed. The town and county of Carlow has Navan and the VHI is operating successfully from provided prospects for potential employers. We Kilkenny, as are other banking and financial have a third level institute that is willing to organisations. Laois is as equally well-placed as accommodate potential employers with suitable those counties for such employment. We have the courses. We have outlined this to potential motorway and a first class train facility. There is employers, but for some reason there seems to be plenty of scope for the IDA to bring industry into a lack of interest or commitment from the IDA the county. to pinpoint Carlow as an area for investment. 1439 Industrial Development Bill 2006: 16 November 2006. Second Stage 1440

[Mr. Nolan.] a skilled workforce and everything a foreign com- County Carlow has reinvented itself to attract pany locating in this country needs. this type of business. I commend Enterprise Ireland and Carlow’s indigenous entrepreneurs Mr. F. McGrath: I thank the Chair for this who have been singularly successful in creating opportunity to speak to the Industrial Develop- well-paid, highly-skilled jobs in the county. It ment Bill 2006. I welcome the debate. It is helps ensure that people who were born and edu- important we have an informed debate on indus- cated in Carlow can continue to live and work trial development in this country and the direc- there. There have been many contributors to the tion in which it has gone over the past number of transformation, but the presence of a third level years, particularly with our strong economy. I institute in Carlow has been a major factor in want to put an alternative view to some of the ensuring the local people who have a record of mainstream economic issues being debated. I wel- creating jobs have done so. come any sensible legislation on industrial However, we can only do so much ourselves. development in the State. It is an opportunity to We need the assistance and commitment of State open our minds to creative and clean investment. enterprises such as the IDA. I regret to say that This is important. this has not been forthcoming to date. Carlow is The purpose of today’s legislation is “to amend sited in an important and pivotal location. the Industrial Development Act 1993 to provide Indeed, the Minister’s Department is relocating legislative authority for the Minister for 320 jobs there. We hope to see an advance group Enterprise, Trade and Employment to designate of up to 90 civil servants moving to Carlow in the transfer of staff from Shannon Development the coming months. The county has everything a to Forfa´s and to provide a statutory guarantee to family or individual needs. Yet, for some inexplic- the staff that their pay, conditions of service and able reason, the IDA is either not prepared, not pension arrangements shall be in no way dimin- committed, or does not want to see Carlow as a ished by virtue of the transfer”. gateway for job creation. It is unfair on Carlow This is important in light of what has happened people who can see the number of jobs being in the past 24 hours. Yesterday, there was a created in other large urban centres. serious industrial dispute between the Bank of The strategy in recent years has been to avoid Ireland and Amicus workers. I support the Amicus workers who took a brave and strong congestion in cities such as Dublin, Cork and decision to fight to defend their pensions. All even Waterford. To pick up on Deputy Fleming’s Members of the Oireachtas should stand up and point, we need a regional airport in the south be counted in favour of them. It is important to east. While there is an airport in Waterford, respect and support Amicus when it takes a stand regrettably, it is on the wrong side of the city. against the fat cats in senior management in the People are not prepared to use it because they Bank of Ireland who want to wipe away the terms have to traverse the city and with bridge openings and conditions they had. I challenge those who and congestion that can take as long as it would spoke about the Amicus workers on the national take to travel from Carlow or Kilkenny to Dublin airwaves. To them I say, “hands off destroying Airport — that is time consuming too. their pensions”. It is up to legislators and Mini- Only two weeks ago, we met with a potential sters to keep a close eye on these issues. We investor in Carlow. One of his main concerns was cannot have a situation in which a company like that many of his staff would be coming from over- Bank of Ireland, which has extensive resources, seas and there would be significant interaction fails to deal with the issue and look after its staff between overseas branches and the proposed pensions. It is important we nail our colours to Irish operation. One of the downsides he iden- the mast on this issue. tified with locating in the south east was that it Recently, certain sections of society, partic- would take so long to get there from Dublin Air- ularly the well-off, have constantly undermined port. There is a strong case to be made for locat- the power of trade unions. This is worrying. They ing a new airport in the south east, perhaps some- seem to think that because it is an employers’ where on the Kilkenny-Carlow-Portlaoise axis. market, one can ride roughshod over workers I again highlight the need to get a commitment throughout the country. Let us remind them that from the IDA to invest in Carlow, which has suf- the workers built the Celtic tiger and the strong fered significant job losses in recent years with economy. It is important when we discuss indus- the closure of Irish Sugar and a sig- trial development that we have a special respect 3 o’clock nificant employer in the laundry and treatment for trade union members. Many business. We have had the downsiz- new industries are hostile to trade unions and this ing of international companies Braun and, more is a sad day for the country. The problem lies with recently, Lapple. It is incumbent on the agency those who feel threatened by people who want to responsible for bringing foreign direct investment improve their pension rights, not with the trade into the country not to forget small counties such union members. This must be mentioned in this as Carlow, which have a tradition of enterprise debate and incorporated into the debate on and which will not let the side down when it efficiency. Any sensible person in human comes to giving 100% on employment. We have resource management knows that if one treats 1441 Industrial Development Bill 2006: 16 November 2006. Second Stage 1442 people with respect and dignity, one will get more on the north side of Dublin, has been a good productivity from them. If constantly puts the employer and has recognised and supported trade boot in and erodes their power and pensions, one unions. However, a rationalisation plan has been will undervalue them, reduce their self-esteem put in place and most sensible people understand and get nowhere. This is evident in examples and accept that one must change and adapt in the from other industries that have collapsed, but modern economic climate. It appears that the 450 also in successful companies. job cuts will be voluntary redundancies. This is According to the explanatory memorandum of essential because many people who have come the Bill: towards the end of their working lives might be interested in this package. I am concerned that Section 1 of this Bill contains a definition of the day the change was announced, the manage- the Industrial Development Act 1993. ment spoke about putting \100 million into the Section 2 amends the Industrial Develop- development of the Coolock plant. However, ment Act 1993 by inserting a new section 21A they are forgetting to tell the voters that of the into the Act. \100 million, \30 million to \40 million is being Subsection 1 of section 21A defines the term put into pensions and the same amount into the redundancy package. Therefore, the development “Company”, “recognised trade union or staff \ association concerned” and “transfer date” for investment could amount to only 20 million. the purpose of the new section. [Any termin- I raised this aspect with the Minister this week ology with which the Bill refers to staff organis- in a written parliamentary question. It is ations is good enough for me as long as people important the Minister monitors this issue. I urge are treated with respect and dignity.] caution. We must have planned negotiations with the trade unions. The Coolock staff will hold a Subsection (2) of Section 21A contains an large meeting next Saturday. I urge the Cadbury enabling provision that provides legislative management, having been a good employer to authority for the Minister to designate the many people on the north side for many years, to transfer of staff from Shannon Development to be careful on this issue. We must ensure every- Forfa´s. Forfa´s is the legal employer of staff of body is protected in a proper and caring way. the agencies established under the Industrial Some say that due to the Celtic tiger we are in Development Acts, i.e. Enterprise Ireland, a different, modern society that has replaced the IDA Ireland and Science Foundation Ireland. caring society. We cannot allow this; we can have From this we have all learned the importance of both. We have the financial resources and we planning for the future regarding the teaching must use them sensibly and distribute them fairly. and development of science education. Sensible It is essential that the Government targets the planning of education and targeting of science extra resources available in the budget at the and information technology has given a tremen- most needy. I welcome the hints on the Estimates dous boost to the economy. It is important we today that there will be a strong emphasis in the use the talents that exist. It is essential that these budget on health, education and disability. It is people are recognised properly. a focus we must have. There is no contradiction The explanatory memorandum continues: between the Celtic tiger and a caring society, despite the contrary line which certain Members Subsection (3) of section 21A provides that and right-wing economists outside the House a staff designated for transfer by the Minister constantly sell. They contend that this is a mod- will be appointed to the staff of Forfa´s. Para- ern, macho society in which everyone should try graph 2 (2) of the second Schedule to the to get rich before walking on the weak. I put Industrial Development Act 1993 gives Forfa´s down a marker to the effect that there is no need the power to second staff to the agencies. for that view. We should face up to reality. It is important that the staff are brought with Education has a vital place in the debate on them and treated fairly and with respect. economic and industrial development. It is time This raises the issue of decentralisation. Most to take serious action in this area. OECD edu- sensible people agree that decentralisation is cation indicators demonstrate that countries important, strong and sensible, but let us do it which invest in education and skills benefit econ- by working closely with people, in a planned and omically and socially. If one puts one’s money phased way and with people’s consent. There is into education, one will benefit from it in future, no point trying to force out of Dublin people who as we have already proved in Ireland with our have elderly parents or whose children are at highly skilled workforce. However, warning signs school there and moving them to different parts indicate that Ireland is falling behind its competi- of the country without giving them a choice. If tors in educational investment, which is a serious one plans decentralisation properly, one can have issue not only for the Minister for Enterprise, staff support. However, there seems to be mis- Trade and Employment, but also for the Minister guided direction on this aspect. for Education and Science. At each stage of edu- The issue of the Cadbury factory in Coolock cation, Irish spending per student is below the has arisen in my constituency over the past few OECD average, especially at primary and second weeks. Cadbury has long been a major employer levels. Ireland’s expenditure on education, 1443 Industrial Development Bill 2006: 16 November 2006. Second Stage 1444

[Mr. F. McGrath.] Government to focus on primary level, it must whether expressed as a percentage of GDP or not forget the children in second level education. GNP, fell in the period 1995 to 2003. Education is increasingly important to econ- Despite the fact that Ireland is one of the omic performance. Research has demonstrated wealthiest countries in the world, our paltry that high levels of investment in education lead to expenditure on education of 5.2% of GNP in personal and social benefits, including increased 2005 leaves us languishing among the bottom half social inclusion, lower crime rates, reduced wel- dozen OECD countries. We are placed 24th out fare dependence and improved health. The old of 30 countries. We have a great deal to do in the notion that to educate is to liberate is true. If a education sphere. The OECD country mean for person is educated, no matter where he or she the ratio of students to teaching staff is 16:6 com- comes from, it represents a significant step pared to Ireland’s 19:5. It is important to focus on towards preventing crime, reducing welfare education in the context of the Bill. Those who dependence and improving health. We miss out take a cynical view should wake up and smell the on the contributions of many creative children coffee. We have demonstrated clearly through because of weaknesses in the education sector, investment in IT and science that jobs develop which is a problem we must address. There are when educated personnel become available. many people who dropped out of education early Spending on initiatives to combat educational and did well economically and we should not be disadvantage must be refocused to benefit chil- afraid to recognise good practice in the case of dren when they are young. Most people accept those people too. These are important issues in that educational disadvantage must be tackled the context of a debate on an Industrial Develop- early rather than when a child is 12 or 13 years of ment Bill and is essential that we deal with them. age. Resources should be provided at pre-school As an island nation, air and marine transport level to break the cycle of disadvantage. Govern- represent a strategic question of great import- ment reports emphasise the importance of early ance. The national carrier, Aer Lingus, and intervention to tackle disadvantage, but initiat- Dublin Port are essential to the development of ives are not funded on that basis. Only a fraction the economy. We require choice and quality in of spending to combat disadvantage benefits air services and proper investment in the develop- primary school children — \60 million compared ment of the island as an economic unit through to more than \300 million at third level — which a sensible all-Ireland approach. In Dublin Bay, is often forgotten. The result of this policy is that scandalous attempts to fill in 52 acres continue. many children experience failure and drop out Dublin Port Company claims it requires more early due to the Government’s refusal to provide capacity and space but a visit to the docklands adequate support when it is most needed. reveals numerous empty sites, some of which the I challenge those private, fee-paying schools company is trying to sell. whose representatives have been making a great Nevertheless, the company claims to the people fuss lately, but who have kept young children of Clontarf, Fairview, Killester and Raheny that with disabilities out of the system. I commend the they want to fill in 52 acres of the bay without schools which are radical, creative and brave giving the matter sensible thought. I record my enough to take on the poorest children in society opposition to the plan and ask those involved to as well as those with special educational needs. consider the proposals to develop Bremore Port Certain other schools, however, many of which further up the coast. We must forget the notion are fee-paying, have behaved disgracefully by of blocking up the city centre as a result of a con- taking the cream while excluding people from gested port. We must adopt a creative approach, broader society. They then tell the world they top move up the coast and consider the development the league tables for secondary education. It is of a proper port at Bremore as an economic base. time for those schools to be told that society is A number of Members across party lines are bigger than that. Elitist schools should be chal- open to the idea and even the Taoiseach indi- lenged to ensure they include children with dis- cated in a recent interview that he is interested in abilities, especially at second level. Some of them it. I push the idea strongly. Sea´n Dublin Bay have been operating a form of apartheid as the Loftus, who used to be the Independent Deputy Minister for Education and Science is well aware. for Dublin North Central and who represented She knows the schools involved and I hope she the people in my constituency very well for many does something about them. years, put forward the idea that the bay should Ireland ranks 29th of 30 countries in its invest- be kept for our citizens. We should not interfere ment in each second level student relative to its with the natural operation of the tides and local GNP per capita. Any increases in staffing have sea levels by creating land which is out of balance been to mainstream special educational needs with the environment. We must consider the nat- education and cater for international students. urally advantageous Bremore Port and be unaf- There has been no increase in the ratio according raid to invest in a creative and radical plan. Fresh, to which teachers are appointed to second level important ideas like these are relevant to the schools since 1999, which means classes of 30 debate on this legislation. teenagers, including special needs and inter- The Bill’s proposed amendment to section 21 national pupils, are common. While I call on the of the 1963 Act provides that Shannon Develop- 1445 Industrial Development Bill 2006: 16 November 2006. Second Stage 1446 ment staff who are transferred to Forfa´s may not The new project, Digital River, will involve the receive a lesser scale of pay or be made subject creation of 350 new jobs. We pay tribute to to less favourable conditions of service than they Shannon Development in this regard. It will be are entitled to in the original body. The provision located in Westpark Shannon, a \150 million joint is important to maintain pay rates. We must venture between Concre Developments Limited ensure that all staff are supported strongly in this and Shannon Development located in the context. It is a question of rewarding labour and Shannon free zone. I visited the facility recently. good practice. While there are a number of indus- It offers the possibility for further development, tries in the State which have created great wealth, including job creation, inward investment and the issue of low pay must be tackled. indigenous enterprise. Regeneration of the Trade union officials and the Minister for Shannon free zone is one of the key flagship pro- Enterprise, Trade and Employment must ensure jects in the new corporate plan of Shannon the question of low pay is put to bed once and Development. The objective is to create 1,500 for all. I will not accept the drift to the right by jobs at the top end of the knowledge and infor- right-wing economists and Senators concerning mation technology market over the next three economic investment. We must listen to the voice years. of workers, who created the Celtic tiger and who Halifax Insurance and Sykes Enterprises are entitled to an equal distribution of resources. announced expansions in June. This will generate 285 new jobs. The 30-acre Information Age Park Minister for Enterprise, Trade and Employ- in Ennis was opened in May 2005. It is at the ment (Mr. Martin): I thank Deputies who con- early stage of a long-term development to cater tributed to the debate. The Industrial Develop- for high-potential start-up companies. Foreign ment Bill has a narrow focus. It is an enabling Bill direct investment companies that IDA Ireland that provides security for employees who transfer can attract will be located there. This has the from Shannon Development. Their terms and potential to create 3,500 jobs in high-quality accommodation over time. conditions of employment are protected, in line with the views expressed by Deputy Finian The Shannon Development E-Towns project, McGrath, in respect of employee rights. The bringing knowledge-based enterprise activity to towns with populations of 1,500, is well under transfer from Shannon Development to way. Four towns were selected, Miltown Malbay, Enterprise Ireland follows a comprehensive con- Cappamore, Tarbert and Newport. The project at sultation process in which all relevant interests in Miltown Malbay is the most advanced. Shannon the mid-west had the opportunity to make their Broadband connectivity is a project involving views known. Implementation of the new eight new towns in the region selected for MANs arrangements will provide clarity on the respec- in 2005. Delivery is expected in 2006. A related tive roles of the industrial development agencies project, Shannon Connect, will provide services in the region. The agencies will welcome this to 80 communities in the region. position. Shannon Development has engaged in these Many Deputies referred to industrial develop- substantive projects and will continue to do so. ment and how it applies to their regions. All par- Links will be developed with Shannon Airport, ties welcomed the Bill and were supportive of the which is key infrastructure in terms of economic role of Shannon Development in the region. The development in the region. The role of the Uni- national development plan will have a strong versity of Limerick, in conjunction with industry regional development focus that will underpin the and the agencies, will be central to developing a objectives of Shannon Development. It will also centre of research excellence. The omens are reflect the views articulated by the Deputies on good because we have had significant success, the importance of regional development. such as the recent appointments of Dr. David The national spatial strategy is a key instru- Parnas and Dr. Martin Caffrey. They will add to ment in terms of the regional spread of popu- the reputation and attraction of the region. The lation and industrial development. Enterprise computational science project at the University of Ireland and the IDA will work closely with Limerick is another example. Significant research Shannon Development to ensure the mid-west and development investment has taken place in continues to enjoy economic success. The number four projects in 2006, providing long-term sus- of people in employment in Ireland has increased tainability. In 2005, \19 million was committed to by 350,000 since 2000, an increase that has been nine IDA Ireland projects in the region. replicated across all regions. Employment in the The Enterprise Ireland decentralisation prog- mid-west grew by 20% since 2000. The unem- ramme is on track. A site for the new Enterprise ployment rate for the region is 3.9%, below the Ireland headquarters has been identified. The average for the State. One does not often hear regional development unit and a county that in discussions on jobs in the mid-west and enterprise board co-ordination unit will move to the Shannon region. The numbers are provided Shannon in 2007. An interim office has also by the CSO, the live register and the quarterly been found. household survey. The area has a strong indus- Deputy Ellis referred to the food industry. trial base and heritage. Enterprise Ireland works with a number of food 1447 Priority 16 November 2006. Questions 1448

[Mr. Martin.] intelligence in the first instance, does the Minister companies to develop value added activities to agree the sum of \800,000 that goes to the Secret support research and development. Significant Service under the remit of the Minister for Fin- announcements of investment have been made by ance — to which he referred — is a small amount food companies over the past 12 months. These of money? The global terrorist threat knows no will add to exports and employment. I note what geographic boundaries. Deputy Nolan stated in respect of Carlow. The Will the Minister consider the idea of IDA is not ignoring Carlow. I went on missions expanding the role of military intelligence? Per- with the IDA and we are conscious of the busi- haps he could enter discussions with the military ness park developed by the IDA. We are anxious establishment to examine how it could assist or to secure an overseas company to use it. work in co-operation with the Garda to enhance our intelligence-gathering role. Question put and agreed to. Mr. O’Dea: In the aftermath of the 11 Industrial Development Bill 2006: Referral to September 2001 attacks, the Government Select Committee. reviewed security arrangements, particularly in respect of military intelligence. Consequently, in Minister for Enterprise, Trade and Employ- the past three or four years, provision for military ment (Mr. Martin): I move: intelligence has been substantially increased. The That the Bill be referred to the Select Com- numbers of Army staff engaged in such work has mittee on Enterprise and Small Business, in increased substantially in the past three or four accordance with Standing Order 120(1) and years. paragraph 1(a)(i) of the Orders of Reference The sum of \800,000 to which Deputy Timmins of that committee. refers is misleading as it only constitutes an extremely small element of the total expenditure Question put and agreed to. on military intelligence. As for the Deputy’s question on whether I would consider asking Ceisteanna — Questions. those involved in military intelligence to co- operate with the Garda, the latter force has primary responsibility for security in the State. Priority Questions. However, military intelligence personnel work well with the Garda. ———— The Director of Military Intelligence reports to me as Minister at least once a month. He also Military Intelligence. reports to the Chief of Staff and the Deputy Chief 1. Mr. Timmins asked the Minister for Defence of Staff on the support side of the Army. In turn, the amount of funding provided for military intel- the Chief of Staff reports to the National Security ligence surveillance for the years 2001 to 2005 and Committee, of which he is a member. The role of to date in 2006; and if he will make a statement military intelligence has expanded, particularly in on the matter. [38348/06] respect of any potential threat from the Middle East or from Islamic terrorists. For reasons Minister for Defence (Mr. O’Dea): There is no Members will understand, I cannot go into too specific allocation of funds for military intelli- much detail in this respect. However, I assure gence. The cost involved is partly met from funds them that resources devoted to military intelli- provided from the Secret Service Vote, which is gence have increased substantially and the figure accounted for by the Minister for Finance, and of \800,000 is misleading in terms of the total partly from the relevant subheads of the Defence expenditure on military intelligence. Vote, including pay from subhead B and allow- ances from subhead C. Mr. Timmins: I thank the Minister for his The total expended on military intelligence is response. I have a final supplementary question. not separately compiled and I do not consider The Minister is the chairperson of the task force that it would be appropriate to disclose such on national emergency planning. While one might information. disagree on its implementation, does he agree it would be beneficial to include an intelligence Mr. Timmins: I thank the Acting Chairman and section within its remit, comprising the Garda, apologise for my late entry to the Chamber. the Army, Customs and Excise, Revenue and I thank the Minister for his reply and appreci- possibly a communications element? ate the fact that his response is shrouded in a cer- I realise that no matter how much money one tain amount of mystery. Notwithstanding that, devotes to protecting the State from terrorist very little additional money has ever been put in attack — one could spend billions — it may not place for military intelligence. This should be be successful. However, the assignment of done, particularly in the aftermath of the 11 sufficient resources to prevention and surveil- September 2001 attacks. While I realise the lance can greatly assist in thwarting attacks. If Garda Sı´ocha´na has responsibility for gathering one lacks inter-agency operability, people may 1449 Priority 16 November 2006. Questions 1450 get through the net. However, if such groups were led operation in Bosnia-Herzegovina, is deter- brought together, one’s intelligence remit would mined by their mission and the mandate given to be strengthened. Will the Minister consider the the mission by the United Nations. They cannot development of such a concept? all simply be directed to leave their posts to undertake a search operation. From both a legal Mr. O’Dea: I will take on board any construc- and an operational perspective, this would be tive suggestions. It is impossible, as countries such untenable. as Israel and the United states will testify, to have That said, to date the search has been sup- a system that provides absolute protection against ported and assisted, as far as is practicable, by the the possibility of a terrorist attack. Nevertheless, Defence Forces personnel based in the country. the emergency planning committee includes the During the initial search, the head of the EU Garda and the Army, as well as the Departments monitoring mission released an Irish staff officer of Justice, Equality and Law Reform and in Mostar to act as liaison. In addition, following Defence. It receives regular threat assessments a request from the EU police mission, EUFOR when it meets. Deputy Timmins has suggested the provided a helicopter that conducted a number of Revenue Commissioners, Customs and Excise search flights in September and October. Defence and a number of similar bodies should be brought Forces personnel have also provided assistance onto the emergency planning task force. I will where possible through their local knowledge and look into this aspect. While there is probably contacts. I expect that the Defence Forces, within some reason they are not already there, I will the requirements of their mission, will continue consider the suggestion. to assist in whatever way they can.

Overseas Missions. Mr. Costello: I thank the Minister for his reply. 2. Mr. Costello asked the Minister for Defence I believe the Irish authorities in both the Depart- if he will arrange for the force of 56 soldiers who ment of Foreign Affairs and the Defence Forces are currently deployed with EUFOR in Bosnia- have done a good job. Herzegovina to search for a person (details However, a number of questions must be supplied); and if he will make a statement on the resolved. First, a 59-year-old lady, who had been matter. [38351/06] to Medjugorje previously, went missing between 4 and 6 September. The vagueness as to when she Mr. O’Dea: It is extremely difficult for any went missing suggests that no immediate family when a member of the family goes missing reporting of the event took place. Second, the far from home. I can only empathise with the ter- police in Medjugorje did not interview any of the rible situation in which the family find them- other pilgrims who had accompanied her to ascer- selves. My colleague, the Minister for Foreign tain who might have last seen her, what were the Affairs, has the lead role in respect of this issue. circumstances and so on. There has been such I understand from him that extensive efforts have severe criticism of the local authorities in Medju- been made by the consular service of the Depart- gorje regarding the failure to conduct an investi- ment of Foreign Affairs to assist and support the gation that the family believe something of a family at this difficult time. The consular service cover-up took place and that the authorities there has also maintained ongoing contact with the do not want any public dissemination of news that local police force, rescue services, politicians and a person may have gone missing. It transpires that senior officials in the region in which the town of seven or eight other people have also vanished Medjugorje is situated. Diplomatic officers and into thin air. This raises the question as to the ambassador have travelled from the Irish whether something more sinister may be afoot. Embassy in Slovenia, which is also accredited to The direct family members are greatly dissatis- Bosnia-Herzegovina, to the region to review the fied regarding the conduct of the local authorities. search arrangements. Consequently, because of the lack of urgency and Since the person’s disappearance, there have the absence of a comprehensive approach, on been six large scale searches, some of which behalf of the family, I ask the Minister of Defence involved the use of a helicopter. In addition to to make available some or all of the 56 soldiers such large scale searches, there have been other, serving in Bosnia-Herzegovina. more localised, searches. The search continues In addition to the 56 soldiers serving in Bosnia, and an officer from the Irish Embassy will again over 100 troops are stationed in Kosovo so there shortly visit Medjugorje to review the situation. are many troops in the region. It should not be As Deputy Costello will appreciate, primary difficult to put together a substantial force to responsibility for conducting the search lies with carry out a thorough search of the area. It is now the civil authorities in Bosnia-Herzegovina. It is ten weeks since the lady in question went missing not open to me simply to redeploy Irish Defence and her family feels it would be wonderful if the Forces personnel on a search mission within the Irish authorities based in the vicinity could do borders of another sovereign state. The oper- something directly. Will the Minister consider ational status of the Defence Forces personnel making Irish troops or a portion of them available currently deployed in Operation Althea, the EU- for an intensive search? 1451 Priority 16 November 2006. Questions 1452

Mr. O’Dea: I note Deputy Costello’s comments involving fair procedures is established. about the initial investigation and I do not wish [38306/06] to comment one way or another on it. According to information received by me, there have been Mr. O’Dea: The individual concerned was six large scale searches and a number of more retired by the President, on the advice of the localised searches. The information received by Government, with effect from a date in June us indicates that there has been no deficiency in 1969. The retirement was effected pursuant to the follow-up searches and that the local auth- section 47(2) of the Defence Act 1954 and para- orities are doing everything they can. graph 18(1)(f) of Defence Force Regulations While I share Deputy Costello’s sentiments, A.15, which provide that an officer may be retired the question remains as to whether we can unilat- “in the interests of the service”. The House will erally deploy Irish troops in this search. I recall a appreciate that a decision to retire an officer “in case in the past few months in my own constitu- the interests of the service” is only taken for the ency where a young man went missing. He was most compelling reasons. The Government missing for some time, people feared the worst advice to the President in 1969 was on grounds of and the gardaı´ failed to find him, despite their security. I am satisfied that the matter was hand- best efforts. His mother came to me in a state of led in an entirely appropriate and proper manner considerable anguish and asked me to bring in in 1969 and that the decision was taken only after the Army. When I spoke to the local officer com- very detailed and due consideration. manding in Sarsfield Barracks, he told me that The individual initiated proceedings in the while representations had been made to him High Court in November 1998 in respect of the because some of the young man’s relatives were circumstances of his retirement some 29 years in the Army, he could do nothing because he had earlier. The High Court found in favour of the received no request for help from the local police. State in June 1999 on grounds of inordinate delay Even in this country, the Army cannot intervene in the bringing of the proceedings. The individual in such circumstances without being requested to appealed to the Supreme Court in September do so by the civil authorities. 1999. The Supreme Court refused the appeal in We are talking about a foreign country — Bos- January 2001. nia-Herzegovina. At least in the initial stages, the In early July 2002, arising from a newspaper task of searching for this woman is exclusively a feature article on the case published on 29 June matter for the local civil authorities. If they were 2002, the then Minister for Defence requested the to make any request to me to deploy some of the Judge Advocate General to examine and review Irish troops on their soil or in nearby Kosovo, I the case. The Judge Advocate General, a civilian would look at it sympathetically. However, in the barrister, carried out a detailed examination and absence of such a request, I am not entitled uni- review of all the historical documentation relating laterally to deploy Irish troops. to the decision to retire the individual concerned by reference to the entirety of both the Depart- An Ceann Comhairle: We must now proceed ment of Defence and the military files in the to Question No. 3. We have spent seven minutes matter. Her report was submitted to the then on Question No. 2 and it is in everyone’s interest Minister in mid-September 2002 and was pub- that we move on. lished in October 2002. In December 2002, the individual applied to Mr. Costello: I accept that no request has been the High Court for an order quashing this report made but could the Minister not offer his services by the Judge Advocate General. The High Court to the local authorities if they have a shortage found in favour of the applicant for reasons enu- of facilities? merated in the text of the High Court judgment on his application. The High Court judgment of Mr. O’Dea: We are continually in touch with 27 July 2005 related only to the report completed the local authorities and if they want my help, by the civilian Judge Advocate General in they can ask for it. September 2002. The presiding judge, Mr. Justice Quirke, held that the report should be quashed Mr. Costello: Will the Minister meet with the woman’s family? because fair procedures had not been applied in the compilation and production of that report and Mr. O’Dea: The Minister for Foreign Affairs in the timing of the release by the Department of has offered to meet the family if it so wishes. Defence of certain documents to the applicant. Additional information not given on the floor of Retirement of Army Officer. the House. 3. Aengus O´ Snodaigh asked the Minister for Mr. Justice Quirke concluded his judgment by Defence his views on whether the demand for an stating that “the decision made in 1969 to recom- investigation and review of a matter by a person mend the Applicant’s retirement from the (details supplied) remains legitimate; and if he Defence Forces remains unaffected by any order will take steps to ensure that an inquiry this time made in these proceedings”. 1453 Priority 16 November 2006. Questions 1454

It should be emphasised, therefore, that the Mr. O’Dea: I do not accept that the High Court High Court judgment in the matter of the report decision of 2005 opens the door to another of the Judge Advocate General specifically inquiry or in any way indicates that an injustice related to the actual procedures utilised by the has been done to Mr. de Ro´ iste. We must remem- Judge Advocate General in the course of her ber that two decisions were made, one by the review and examination of this matter in 2002 and High Court and the other by the Supreme Court, to the release by the Department of Defence of which all witnesses were entitled to attend and certain documents to the individual only after where Mr. de Ro´ iste was entitled to present his completion of the report. The individual con- full case. On the substantive facts of the case, the cerned specifically did not seek an order for man- High Court found and the Supreme Court sub- damus from the High Court and, therefore, did sequently agreed that too much time had elapsed not request the High Court to remit the matter, and that, therefore, Mr. de Ro´ iste was not in a to direct a resumption of the Judge Advocate position to prove his case. This is the reality of General’s original inquiry or to direct that a new the matter. inquiry be held by the Judge Advocate General In 2005, Mr. Justice Quirke decided that the or by any other person. procedure established under the Judge Advocate The substantive issue, namely, the Government General was incorrectly conducted. From reading decision in 1969 to recommend the retirement of the judgment in full, it appears that if one was this individual from the Defence Forces by the to hold an inquiry, one would need a different President, remains unaffected by the judgment of procedure. One would need to use the procedure ´ the High Court, a point specifically emphasised suggested by Deputy O Snodaigh, namely, a within the text of the judgment itself. A book on sworn public inquiry where witnesses would be this case was published in May 2006 which did called. It appears that the difficulty with this is not add anything material to our previous body that, on one side, one would have Mr. de Ro´ iste, of knowledge in the matter. In the circumstances, but practically all the witnesses on the other side I do not propose to take any further action in are dead. I believe one or two are still alive but they are too incapacitated to attend. Therefore, respect of this matter. one would have an oral presentation on one side against the silent testimony of the archival docu- Aengus O´ Snodaigh: This is a long-standing ments on the other. This form of inquiry is not case which has spanned 37 years. The person in very fair. question, Donal de Ro´ iste, has maintained and In the 2005 case, Mr. de Ro´ iste did not seek an sought to prove his innocence to such an extent order of mandamus, any follow-up order or the that the Minister’s predecessor, Deputy Smith, recommencement of the Judge Advocate acknowledged that there were questions to be General’s inquiry so this is where the matter answered by requesting the Judge Advocate stands. We cannot have a proper inquiry based General to investigate the matter. Does the Mini- on physical evidence on the one side and docu- ster accept that the High Court ruling in 2005 ments or archives on the other. It seems that if preventing the publication of the Judge Advocate we have to come within the terms of what the General’s report leaves the way open for him to High Court wanted in 2005, that is all we could ask for another such inquiry rather than force have. Donal de Ro´ iste to go through the courts? The Minister for Justice, Equality and Law Reform Aengus O´ Snodaigh: I wish to ask a brief sup- continually informs us that the courts are clogged plementary. up. If alternative methods and avenues exist by which the truth in this instance can be gleaned, An Ceann Comhairle: The time allocated for they should be pursued. An independent inquiry this question has expired. We spent seven would be one of these mechanisms. minutes on this question and we must move on The High Court ruling basically concluded that to Question No. 4. the Judge Advocate General’s inquiry denied Mr. de Ro´ iste fair procedures. Some of it stems from Aengus O´ Snodaigh: Will the Chair allow me the fact that some of the witnesses are those who some leeway? are able to contribute a defence or, at least, give some of the facts relating to the case, such as the An Ceann Comhairle: Six minutes is provided retired Army commandant, Patrick Walsh, and for each question. the fact that the High Court judge might have been concerned about the fact that the Judge Aengus O´ Snodaigh: The Deputies who spoke Advocate General refused to meet this man who before me were all allowed some leeway. would have been able to put some more bones on this story. Will the Minister establish an inquiry, An Ceann Comhairle: No, Deputy, I called possibly under the Commissions of Investigation Deputy Costello to order and I was not here Act 2004, which would grant Mr. de Ro´ iste fair before that. If the Deputies want to spend 45 procedures for the first time? minutes on three questions—— 1455 Priority 16 November 2006. Questions 1456

Aengus O´ Snodaigh: I do not mind spending were brought in to be trained, but the strength of 45 minutes on them. the Defence Forces never reached 10,500 person- nel and the maintenance of 250 personnel in An Ceann Comhairle: I call Question No. 4. training. I stand to be corrected on that — per- haps it was reached for a short duration. Will the Defence Forces Strength. Minister preferably increase the strength to 10,750 personnel inclusive or revert to a strength 4. Mr. Timmins asked the Minister for Defence of 10,500 personnel and the maintenance of 250 the position in relation to the commitment given personnel in training? in the White Paper on Defence to have a Defence Forces strength of 10,500 plus 250 in training; if this commitment has been honoured; and if he Mr. O’Dea: In regard to today’s Estimates, I will make a statement on the matter. [38350/06] am delighted that for the first time in the history of the State the defence budget has exceeded \1 Mr. O’Dea: The White Paper on Defence was million. It has always been a small budget com- published in February 2000. It provided for a pared to the budgets for the Departments of strength of 10,500 for the Permanent Defence Justice, Equality and Law Reform, Education Force, PDF, comprised of 930 for the Air Corps, and Science, Health and Children etc. 1,144 for the Naval Service and 8,426 for the On the matter of the exact terms of that 2001 Army. At the time of publication the strength of commitment, my understanding is that the com- the Permanent Defence Force stood at approxi- mitment was to maintain an Army, a Permanent mately 11,500. This was reduced to 10,500 by the Defence Force of 10,500. The Chief of Staff was end of 2001. The White Paper also provided that permitted to maintain an extra 250 personnel in the Chief of Staff could maintain an additional training, but the overall strength of the Perma- 250 personnel in training at any one time. That nent Defence Force would not exceed 10,500. provision was withdrawn in June 2003 as part of Therefore, the commitment was not as binding as the Government decision on managing public the Deputy suggests. That commitment was service numbers. The strength of the Permanent adhered to. The Government at its discretion — Defence Force on 30 September 2006, the latest it retained the discretion under the original date for which detailed figures are available, as decision — told the Chief of Staff that it could advised by the military authorities, was 10,383. no longer permit him to maintain the extra 250 It is my intention to maintain the established personnel in training because the Department of Government policy of ongoing recruitment to the Defence wanted to play its part in controlling Defence Forces. Recruitment into the Permanent public service numbers. Defence Force will continue to maintain the I assure Deputy Timmins that at the time of strength at the level set out in the White Paper publication of the White Paper the overall as required to meet military needs. The strength strength of the Army and what we would need of the Defence Forces as at 31 December in the was assessed — that continues to be assessed — years 2003, 2004 and 2005, respectively, was in the context of providing the required number 10,498, 10,551 and 10,446. There are no plans to of personnel to improve equipment, training, review the established strength of 10,500 as set facilities etc., and the conclusion was that 10,500 out in the White Paper. would be required. Our troops are doing a magnificent job abroad, Mr. Timmins: I note from the Estimates for the as everybody is aware. We have committed up to Department of Defence that the total Defence 830 troops abroad, which is a big commitment budget is similar to the increase in health expen- given the size of our country and Army. My infor- diture. It is a small budget. The commitments mation is that the Army is sufficiently large for placed on the Defence Forces have increased present day requirements. since the publication of the White Paper. A sol- emn commitment was given by the former Mini- Mr. Timmins: The Minister mentioned that ster, Deputy Michael Smith, of a strength of when the White Paper was published the strength 10,500 plus 250 personnel in training. However, of the Permanent Defence Force was 11,500 but that was withdrawn by him shortly afterwards, that due to the cutbacks in the public service, the not long after the 2002 general election. strength of the Defence Forces was reduced to Will the Minister restore the strength to 10,500 and the provision for the 250 personnel in include that figure of 250 personnel in the context training was no longer maintained. Were there of permitting an overall strength of 10,750? It was any cutbacks in the number of civilians in the mercurial the way the Defence Forces were told Department of Defence in that period, given that they were allowed have a strength of 10,500 and there was a 10% reduction in the strength of the maintain 250 personnel in training and then that Army? commitment was withdrawn. Those figures were not constant because once personnel were trained Mr. O’Dea: The civilian section of the Depart- they moved into the category of the 10,500 per- ment of Defence is small in terms of numbers sonnel. However, it transpired that the strength compared to the Army. In 2001 we reduced the of 10,500 personnel fell slightly and personnel strength from 11,500 to 10,500 but as a quid pro 1457 Overseas 16 November 2006. Missions 1458 quo we invested a great deal of money in equip- Trooper Browne fired his weapon to distract the ment, training, facilities etc. We now have a pro- Baluba attackers from their task of beating fessionally organised and successful Army which Private Kenny to death. He further concludes, on is admired all over the world. the balance of probabilities, that Trooper Browne managed to then escape his pursuers, wounded or Mr. Timmins: Were the civilian figures reduced otherwise, making his way to the village of Tund- accordingly during that period? ula only to be killed by hostile Balubas two days later. Therefore, the previous supposition that he Mr. O’Dea: I will request the figures for the died at the ambush site and that Baluba tribes- Deputy. men carried away his remains cannot be substan- tiated. Likewise, the conclusion outlined above Overseas Missions. that he died at Tundula cannot be definitively substantiated. 5. Mr. Costello asked the Minister for Defence if he will publish the report on the investigation he has commissioned into the Niemba ambush in An Ceann Comhairle: The remainder of the the Congo; if he will give due recognition to the reply will be included in the Official Report. two survivors of the ambush; and if he will make a statement on the matter. [38195/06] Mr. Timmins: On a point of order, while this is not my priority question, it is important, if it is Mr. O’Dea: As the Deputy is aware, I under- agreeable to the House, to allow the Minister to took during Priority Questions on Thursday, 23 read the full reply into the record. February 2006 to ask the military authorities to revisit this matter in light of the questions raised An Ceann Comhairle: A full transcript will be on that date. The Chief of Staff appointed recorded on Question Time, even though the Colonel Tom Behan to examine all aspects of the Minister has only two minutes to reply. Niemba ambush. Due to the breadth of this inves- tigation, this process has taken some time. I have Mr. Costello: This is my question and we now had a chance to review this report. I con- should allow the Minister the time to read the full gratulate Colonel Behan for the time and effort reply as it is such an important issue of concern he has expended in researching this sensitive and to many Members. harrowing episode in Irish military history. The ambush occurred almost 46 years ago. It Mr. O’Dea: The second area of controversy in was the first such action involving the horrific regard to the record of the Niemba ambush is deaths of Defence Forces personnel on a scale what did Trooper Browne do to contribute to the which still remains unique. It has never been very survival of Private Kenny. The report clearly con- far from public consciousness. However, the cludes that prior to his escape from the ambush actual horror of the event has faded from the site, Trooper Browne fired his weapon at the national psyche at this remove. This report will Balubas who were intent on beating Private bring the issue back into sharp focus for anybody Kenny to death, thereby distracting them and sav- who will read it. I publicly acknowledge the sacri- ing his life. The Medal Board convened in 1961 fice made by all the members of the patrol at that awarded Trooper Browne the military medal for time. I again extend my deepest sympathy to the gallantry. families of all those who died. I take this oppor- Despite all the research, consultation and inter- tunity to underline the courage, fortitude and ten- views, there is no absolute certainty achievable in acity displayed by Privates Kenny and Fitzpatrick regard to these two matters of controversy. I in order to survive. wish, however, to address some of the ambiguity that may have resulted from the two scenarios Mr. F. McGrath: Hear, hear. recorded in the unit history. In the absence of the wide and detailed research available to me now, Mr. O’Dea: I will now concentrate on the con- the best advice previously available to me was clusions of the report. On 8 November 1960, an that Trooper Browne most likely died at the 11-man patrol, commanded by Lieutenant Kevin scene of the ambush and the Baluba tribesmen Gleeson was attacked by a large number of carried his remains away. This must now be Baluba tribesmen while on patrol from their base discounted. at Niemba and were quickly overwhelmed. There I wholeheartedly recognise and acknowledge are two principal areas of controversy in regard to that Private Kenny, particularly in view of the the record of this ambush, both of which concern serious wounds and injuries he sustained, and Trooper Browne and Private Kenny. The first Private Fitzpatrick survived a horrific encounter question is where exactly did Trooper Browne die with hostile forces, displaying courage, fortitude and the second is what did Trooper Browne do and tenacity in order to survive until finally res- to contribute to the survival of Private Kenny. cued. I commend them both for the selfless In regard to where Trooper Browne died, from service they gave to their country and hope that the extensive research and interviews carried out this report will bring some peace of mind to by Colonel Behan, his final conclusion is that them both. 1459 Other 16 November 2006. Questions 1460

[Mr. O’Dea.] Mr. Costello: Will the Minister be specific on While the award of a medal was not recom- what type of recognition he is prepared to give? mended, I am examining proposals as to how best these two men’s contribution can be suitably Mr. O’Dea: I will deal with why this matter has recognised and honoured. In addition, I intend to taken until now. This issue was one of the first invite both at the earliest opportunity to attend raised with me after I became Minister of a suitable Defence Forces event at which I will Defence. I commissioned a report to properly acknowledge their contribution publicly. I also research the matter. The question was initially have made arrangements today for copies of the asked by Deputies Gregory and Finian McGrath official report on the Niemba ambush to be and I was delighted to respond to their concerns. placed in the Oireachtas Library. Mr. F. McGrath: I thank the Minister. Mr. Costello: I thank the Minister for his com- prehensive reply and for commissioning the Mr. O’Dea: Now that we have fuller infor- report, the contents of which he indicated. I also mation, I am required to officially correct the record and I have no difficulty with doing so. I compliment Colonel Behan for an extremely also have no difficulty with making an apology to clear and succinct report. In the Gallery is Dr. the two men if the original record at my Depart- David O’Donoghue, who recently brought much ment got the facts wrong. I apologise for any of this to the attention of people in his book, The trauma or grief caused by the fact that the record Irish Army in the Congo 1960-1964: The Far was incorrect. Battalions. It is not within my power to grant a medal. Most of all, I acknowledge the two survivors of That is a matter for the Army, which decides on the Niemba ambush, Mr. Joe Fitzpatrick and Mr. who is awarded medals. In this case it recom- Tom Kenny, who tenaciously campaigned for 46 mended not to do so, which is no reflection on years to recover their reputations, either of the gentlemen in question. Detailed con- 4 o’clock which they believe were severely siderations are involved. After two military maligned, clear their good names and boards, the Army has not recommended medals. right the record once and for all. A number of I cannot tell the Army when to award a medal. years ago, I had the privilege of launching the The report has just come into the public book written by Joe Fitzpatrick, My Time in the domain and the type of recognition to be given is Congo. Mr. Fitzpatrick is also in the Gallery. still under discussion. I hope we will find a way Considering this has taken 46 years, and given to adequately recognise the courage and fortitude the trauma and suffering those men and their of these two men. families experienced due to the loss of their good names, will the Minister explain why we do not Other Questions. have a solution to this matter? Why was the record not cleared before it reached this stage? ———— Mr. Kenny seeks an apology from the Army and the Department of Defence. Is the Minister Overseas Missions. prepared to make that apology? Mr. Fitzpatrick 6. Mr. O’Connor asked the Minister for seeks a medal. Is the Minister prepared to award Defence the nature of the mission being under- that medal? The Minister indicated he is pre- taken by Irish troops serving in Lebanon; the pared to publish the report, which is worthwhile. number of troops serving there by rank; the nat- The two survivors are at odds with each other on ure of the equipment being deployed there; the what type of recognition they feel is proper. Will current risk assessment; his plans to visit the the Minister provide clarity on how he intends to troops serving there; and if he will make a state- give due recognition and indicate what he will ment on the matter. [38051/06] do? I will quote from the recommendations which 25. Aengus O´ Snodaigh asked the Minister for are solid and clear: Defence the position regarding the deployment Thomas Kenny and Joe Fitzpatrick should of Irish troops to Lebanon. [38178/06] have their reputations copperfastened by official recognition and acknowledgement that 39. Mr. Cuffe asked the Minister for Defence they survived an horrific encounter with hostile if he will report on the deployment of Irish troops forces, displaying fortitude and tenacity in to Lebanon; and if he will make a statement on the matter. [38111/06] order to survive until finally rescued. 42. Mr. Costello asked the Minister for An Ceann Comhairle: It is not appropriate to Defence the duties that have been assigned to the quote during Question Time. We already spent Irish troops in Lebanon; the location of the Irish eight minutes on this question and I wish to give troops in Lebanon; and if he will make a state- the Minister an opportunity to respond. ment on the matter. [38183/06] 1461 Other 16 November 2006. Questions 1462

Mr. O’Dea: I propose to take Questions Nos. humanitarian work, including dealing with unex- 6, 25, 39 and 42 together. ploded ordnance clearance. While the Irish unit The United Nations Interim Force in Lebanon, will be tasked primarily with providing protection UNIFIL, was originally established on 19 March to the Finnish engineering company, it will also 1978 under United Nations Security Council Res- be available to undertake other security tasks as olutions 425 and 426, following the then invasion may be directed by the UNIFIL force of Lebanon by Israel. In response to the crisis of commander. July and August 2006, under UN Security The Irish mechanised company has significant Council Resolution 1701 the UN decided to force protection capabilities and assets, including extend the mandate of UNIFIL to the end of 12 Mowag armoured personnel carriers and is August 2007, and to increase its troop strength supported by a cavalry troop with its six AML from approximately 2,000 troops to a maximum armoured cars. These armoured assets provide of 15,000. the unit with significant protection, firepower and The council also decided that, in addition to a mobility capability. The threat assessment in the carrying out its original mandate under Council short term is considered low, with the main Resolutions 425 and 426, UNIFIL would also danger being posed by the significant amount of monitor the cessation of hostilities; accompany unexploded ordnance and war debris which and support the Lebanese armed forces as they remains in the area. deploy throughout southern Lebanon and extend Initial deployment is for one year subject to its assistance to help ensure humanitarian access renewal of the mandate and a satisfactory review to civilian populations and the voluntary and safe of the mission at that time. In line with standing return of displaced persons. policy that the duration of any deployment The nature of the expanded UNIFIL mandate should be set at the outset of a mission, it is con- is such that its role is to be considerably more sidered that Defence Forces involvement in robust than it was prior to the adoption of Resol- UNIFIL should not exceed a maximum of two to ution 1701, while still operating under Chapter VI three years in duration. I look forward to visiting of the UN Charter. UNIFIL will assist the the Irish contingent serving with UNIFIL in the Government of Lebanon to exercise its authority near future when they have settled into their new throughout the UNIFIL area of operations. It will camp and when the unit has become fully take all necessary action, acting in support of the operational. Government of Lebanon, “to ensure that its area of operations is not utilised for hostile activities Mr. O’Connor: I thank the Minister for his of any kind and to resist attempts by forceful comprehensive reply to a subject in which we are means to prevent it from discharging its duties all interested. Many Deputies, particularly in the under the mandate of the Security Council”. Dublin region, know people who are serving in Following the ceasefire which took effect on 14 that force. There are certainly people from my August 2006, the Government monitored the constituency serving with it. Earlier today, those situation with a view to determining how best of us who listened to “Morning Ireland” will have Ireland might contribute to the expanded heard the interview with the Muslim extremist. UNIFIL mission. Against this background, an We all saw the “Newsnight” programme the option was identified whereby Ireland might part- other night also. In light of the threat from that ner Finnish troops and provide a protection detail cleric, who I understand is from Lebanon, what to a planned Finnish engineering company. risk analysis has been carried out with regard to On 3 October 2006, the Government author- the involvement of our troops in Lebanon, partic- ised, subject to Da´il approval, the despatch of a ularly before they left? Does the Minister have contingent of the Permanent Defence Force to any intelligence concerning the current level of UNIFIL. The necessary enabling motion was threat to Irish personnel there? I understand the moved in the Da´il on 10 October 2006 and Minister will be going to the Lebanon soon so approved on 11 October 2006. perhaps he might mention me if he meets anyone The 34th Irish Infantry Group deployed to there from my constituency. What action will the South Lebanon on 31 October 2006 as part of the Minister take to raise those threats that have integrated Finnish-Irish battalion. The Irish been made on the airwaves, including RTE, at group has a total strength of 158 personnel, com- the highest levels of the Lebanese Government? prising 21 officers, 58 NCOs, 78 privates and a I heard that broadcast this morning—— chaplain. The Finnish engineer group comprises 211 Finnish military personnel. In addition, six An Ceann Comhairle: The Deputy should put Defence Forces personnel continue to be a question please. deployed at UNIFIL headquarters in Naqoura. The Finnish-Irish battalion is located in Sector Mr. O’Connor: That is my question. East of the UNIFIL area of operations, at a newly constructed camp, known as Camp Ida, near the Mr. Timmins: The Deputy is going off script. village of Ebel Es Saqi in the general area of Blate. The Finnish engineering unit will carry out Mr. O’Connor: No. At my age, I sometimes tasks in support of UNIFIL and also some need to have notes but I do not use scripts. The 1463 Other 16 November 2006. Questions 1464

[Mr. O’Connor.] Mr. O’Dea: I agree with Deputy Gormley on Minister should understand the level of interest the latter point. I have had ongoing discussions in this subject, particularly in light of threats that with the Minister for Foreign Affairs about the have been made on the airwaves. matter. The two to three-year timescale can be a bit misleading. The last time we went into Mr. O’Dea: A detailed threat assessment was Lebanon we intended to spend a few years there carried out jointly with the Finns during a but finished up spending 23 years in the country. reconnaissance mission to Lebanon in The Government has made it clear that the September. We also consulted closely with maximum deployment to Lebanon will be two to UNIFIL and some of the other nations involved. three years. The current deployment, however, is The threat assessment was “low but within a vol- only until next August. Coming up to next atile situation”. In other words, while the threat August we will have to re-examine the situation. is low at the moment, a number of issues could Depending upon the position then, it may be that trigger a conflict again. That assessment is not we will not be going back there in August. We dissimilar to those that preceded the despatch of just do not know and that has to be decided. troops to Liberia and Kosovo. We are keeping Mr. Callely: I wish to support my colleague, the situation under ongoing review. The threat Deputy O’Connor, in expressing concern for our assessment remains the same. troops in their overseas role. They deserve our There are a number of matters in Lebanon, for congratulations. The concern arises from the example, the future disarming of Hizbollah, threat assessment. Will the Minister clarify the which could be potential flashpoints. The resup- need for triple-lock approval? Does it apply in all ply of Hizbollah by Syria is also a potential flash- situations? Will the Minister indicate briefly what point, among others. There are a number of al- criteria apply before deciding to deploy Defence Qaeda camps in southern Lebanon, which train Forces contingents on overseas missions? jihadists on the way to Iraq. We do not know what action, if any, the Lebanese army will take Mr. O’Dea: The triple-lock mechanism, involv- in that regard. We are aware of all those potential ing Government and Da´il approval together with flashpoints. We have deployed the troops for a a UN resolution, applies in all cases where troops year and will reconsider the situation next August are deployed, under arms, on overseas peace- or September. keeping missions. Under the provisions of the Deputy O’Connor suggested that we should Defence Act, Da´il approval is not required if the raise the matter with the Lebanese Government number going overseas is fewer than 12. at the highest level. I will be meeting Lebanese On the criteria that apply, we must first decide Government officials on my forthcoming trip to how usefully Ireland can contribute to the mis- the Lebanon during which I will express my con- sion. In addition, we must decide how well the cern for the safety of our troops. I can also assure mission is financed and how it gels with the the Deputy that if I happen to meet anybody demands of Irish foreign policy. Apart from from Tallaght I will certainly mention his name. whether our troops can improve the situation out there, the risk to our troops is the paramount con- Mr. Gormley: The Minister said he will raise sideration. That is something to which any the matter with the Lebanese Government but Government sending troops abroad from this that is if we have any such government. That is country has always paid great attention. Before surely the biggest potential flashpoint. The leader making an informed decision, one must take advice and gather intelligence from the people of Hizbollah, Hassan Nasrallah, has said there who go out on reconnaissance and other relevant may not be a Lebanese Government because it military personnel, as well as UN people. There- may collapse. He has accused members of that fore, the criteria comprise the list I have outlined government of collaborating with the Israelis. along with the requirements of the triple-lock, Does the Minister agree that this situation is which means UN authorisation, a Government extremely volatile? Under those circumstances, decision and Da´il approval. what contingency plans does he have to remove our troops if the situation becomes very serious? Mr. Costello: As regards the location of the The Minister spoke about a time span of two to troops, are they all located in the same place? three years but has he discussed the issue with Are they all in a supporting role with the Finnish his colleague, the Minister for Foreign Affairs? If engineering unit? Are they likely to be moving there are no talks a vacuum will arise, which is a around, considering the type of work that will be serious situation in itself. Does the Minister agree required of an engineering unit? Will Irish troops that the sooner we have real talks, as Tony Blair be getting involved in any humanitarian activities has suggested — at long last common sense is or are they so involved at this time? When the prevailing — and the Iranians and Syrians are at first six months are up, as part of the assessment the table, that will be the best way to get stability? to be undertaken will the Minister produce a for- It would be the best solution for our troops in the mal report that will be laid before the House for long term. debate? 1465 Other 16 November 2006. Questions 1466

Mr. O’Dea: I do not know what is the practice Overseas allowances must go through the con- as regards the third issue raised by the Deputy, ciliation and arbitration process but I said at the or whether we do that after six months. I will PDFORRA conference that such a request would inquire and if there is no problem with it I will be be very sympathetically considered. happy to discuss the matter after six months. As regards the deployment of troops, they will Mr. F. McGrath: I thank the Minister for be in the general area of Blatt beside the village Defence for correcting the Da´il record on the of Belasaki in the eastern sector, south of the Lit- Niemba case and the inquiry. I urge the Army to ani river. They will all be in the same place at the honour Private Kennedy and Private Fitzpatrick. joint Irish-Finnish Camp Ida. They will be mov- I ask the Minister to make the protection of ing around providing protection details for Finn- civilians in Lebanon the priority issue when ish engineers when they are doing construction bringing a message to the United Nations and the work. They will also be providing protection armed forces. He can use his authority and the details for Finnish troops when they are clearing forum of the UN to ensure the maximum protec- unexploded ordnance. In addition, they will be tion of civilians is achieved, particularly given the undertaking other tasks assigned to them by the men, women and children slaughtered there UNIFIL force commander, which could include recently. It is important that this be a priority of security duty in other locations, escort duty and the Irish troops serving there as part of the UN patrols. Ultimately, therefore, even though their force. primary duty is to protect the Finnish engineers, they are liable to be assigned to other duties by the force commander, which could include Mr. O’Dea: The priorities of the troops are set humanitarian work. by the United Nations Interim Force in Lebanon, UNIFIL, force commander. One of the duties Mr. Timmins: I wish to be associated with envisaged for the Lebanese Army when it enters Deputy Costello’s remarks on the report the southern Lebanon is not only the protection of Minister commissioned on the Niemba ambush. I civilians, but allowing them access to humani- compliment the Minister and Colonel Behan on tarian assistance and Irish troops will play a part that, in addition to Dr. O’Donoghue. I am sure in this regard. Ireland is working hard at the when the Minister is in Lebanon he will pass on United Nations, through the Minister for Foreign the regards of Senator Brian Hayes, the spokes- Affairs, to have the law changed to considerably person on defence for the Fine Gael Party in the restrict the use of cluster weapons which were Seanad, to any troops he meets. deployed to such ill-effect in Lebanon.

Mr. O’Connor: He will be sent there for six State Property. months. 7. Mr. Neville asked the Minister for Defence the position in relation to his Department’s lands Mr. Costello: Defusing bombs. at Gormanstown, County Meath; and if he will Mr. O’Connor: I did not say that. make a statement on the matter. [38143/06]

Mr. Timmins: Do not tempt me. Mr. O’Dea: The Government decided on 1 July 2003 that lands at Gormanstown, County Meath, An Ceann Comhairle: Will Deputy Timmins be would be among the State lands released for brief? We are running out of time. inclusion in the Sustaining Progress affordable housing initiative. How land at this location might Mr. Timmins: Has the Minister received any play a role in the delivery of affordable units is a requests for additional troops to be sent to matter in the first instance for the Department of Lebanon? Is there a chance we could increase our the Environment, Heritage and Local Govern- commitment there when we are finished in ment, which is the lead Department for the Liberia? Can the Minister tell the House how he development of the affordable housing initiative. views the submission by the Permanent Defence The legal formalities relating to the transfer of Other Ranks Representative Association, lands at this location under the affordable hous- PDFORRA, for an increase in the overseas ing initiative are being progressed in consultation allowance? Good faith is fine but it would be nice with that Department and the Chief State Solici- to see good works also. tor’s Office.

Mr. O’Dea: I will certainly pass on Senator Mr. Timmins: Is the Minister concerned that Brian Hayes’s felicitations when I am in Lebanon. the construction of affordable housing in that I have had no request for additional troops there. area could affect the use by the Air Corps of the We still have 320 troops in Liberia but they will region as a range? be finished next summer and will be available to go elsewhere. There are several places that could Mr. O’Dea: That is an obvious consideration request our services. that we have taken into account and the deal will 1467 Other 16 November 2006. Questions 1468

[Mr. O’Dea.] giving away land because when local authorities be constructed so that there is no interference dispose of lands to State Departments, they get with Air Corps activities. We are still negotiating top dollar. The Government has committed that that point, among others, with the Department of money received from the disposal of Defence the Environment, Heritage and Local Govern- Forces land will be reinvested in the Defence ment. The transfer is taking some time and it will Forces. We must ensure we receive market value take another year. as this was not achieved with land given away in The news is better regarding other lands that the recent past. are being handed over. We have completed a transfer at St. Brychan’s and other lands at Mr. O’Dea: That land was given to other State McGee Camp and Camp Field at Collins Bar- agencies to advance State projects. There was no racks in Cork are almost ready for transfer. question of giving it to private developers.

Mr. Costello: What is the acreage of the lands Mr. Timmins: I am aware of that but any being handed over and how much will be retained money in this case is to be reinvested in the by the Department of Defence? If this land is for Defence Forces. affordable housing, will it be sold to the Depart- ment of the Environment, Heritage and Local Mr. O’Dea: I see the point Deputy Timmins is making. The land bank available to the Depart- Government? Is it part of a transfer arrangement ment of Defence is kept under constant review. to be conducted by the Affordable Homes Part- We will have progressively less land to dispose of nership chaired by Des Geraghty? Will it be on the open market in future and we will receive handed over to the local authority or how will the funding from the Minister for Finance to compen- affordable housing be developed? sate for this and maintain the considerable level of investment in infrastructure, weaponry, train- Mr. O’Dea: The lands in question are around ing and so on. 261 acres in size and about 57 acres are used for the Army camp. Some 25 acres is cut off from the Mr. Timmins: I do not see that here. main body of land by a roadway. The matter of how much will be handed over has not yet been Overseas Missions. finalised, although I would guess it will be about half of the 261 acre total. 8. Mr. Callely asked the Minister for Defence My Department’s brief is to hand the lands the number of members of the Defence Forces over to Department of the Environment, Heri- currently serving on UN authorised missions tage and Local Government. I understand that overseas; the number of these missions; the Department will discuss a possible land swop with number serving on each; the expected duration of each of these missions; and if he will make a a local developer or will give the land to such an statement on the matter. [38240/06] individual in return for a certain number of houses. I am not sure of the details as they are 45. Mr. Bruton asked the Minister for Defence being dealt with by other people, but I can supply the number of personnel currently serving over- more specific information if the Deputy wishes. seas; and if he will make a statement on the matter. [38155/06] Mr. Costello: Will the Department of Defence receive the market value for the lands? 222. Mr. Callely asked the Minister for Defence the number of Irish troops currently on missions Mr. O’Dea: It is not a cash transfer. We are overseas; the mandate associated with each mis- merely playing our part in the affordable housing sion; the number of personnel and the number of initiative by transferring the land. years that Irish troops have been involved in such missions; and if he will make a statement on the Mr. Callely: Well done. matter. [38260/06]

Mr. Gormley: I am delighted the Minister is Mr. O’Dea: I propose to take Questions Nos. playing his part. Many of my constituents have 8, 45 and 222 together. asked me about the future of Cathal Brugha Bar- Ireland is currently contributing 826 Defence racks in Rathmines and I have tabled a separate Forces personnel to 19 different missions question in that regard. Is there any possibility of throughout the world. Full details of all personnel affordable housing being built on that site? currently serving overseas on UN mandated operations, observer missions or undertaking rep- Mr. O’Dea: That had not been considered but resentative or staff postings are listed in the fol- since the Deputy has mentioned it, we will look lowing tabular statement. at the possibility. The main overseas commitments are to the United Nations Mission in Liberia, UNMIL, with Mr. Timmins: I would not like to see the 320 personnel; the North Atlantic Treaty Organ- Department of Defence become a soft touch for isation, NATO, led international security pres- 1469 Other 16 November 2006. Questions 1470 ence, Kosovo Force, KFOR, with 211 personnel; KFOR was established in June 1999 to support the United Nations Interim Force in Lebanon, the maintenance of civil law and order within UNIFIL, with 164 personnel; and to the EU led Kosovo so as to develop a climate of safety and operation in Bosnia-Herzegovina, EUFOR, with security, which will enable the transfer of 59 personnel. Other personnel are serving as increased responsibility to the civil authorities. monitors and observers with the United Nations, Ireland has participated in KFOR since August UN, the European Union, EU, and the Organis- 1999. The Irish contingent currently comprises an ation for Security and Co-operation in Europe, APC mounted infantry group of 211 personnel, OSCE. Staff are also deployed at the organis- including a number of personnel in staff posts at ational headquarters of the UN, EU, OSCE and various KFOR headquarters. Having regard to NATO. the fragility of the peace in Kosovo and subject A contingent of the Permanent Defence Forces to ongoing assessments of the position on the was deployed for service with UNMIL in ground, Ireland has decided to maintain a con- December 2003, comprising a motorised infantry tinued presence in KFOR in 2006-07. Ireland will battalion of 430 personnel. The main Irish contin- take on the role of framework nation for the gent operates as the force commander’s rapid multinational task force in which it participates in reaction reserve. The role of the Irish personnel August 2006 for a period of 12 months. is the provision of an immediate response capa- Operation Althea, EUFOR, is an EU military bility, deployable in sufficient strength and with mission in Bosnia and Herzegovina. Ireland has the required level of force, to provide a swift and participated in SFOR since 1997 and has 59 decisive military reaction in any crisis situation. troops stationed in the region as part of an The contingent undertakes regular daily patrols Austrian-led multinational task force. We within Monrovia and is available to the force provide personnel for the headquarters, military commander to provide support in the event of a police unit, verification teams and a national sup- breakdown of law and order or further conflict. port element. Ireland currently acts as the frame- Ireland will complete its participation in UNMIL work nation for the military police platoon. Dis- in May 2007 and the 96th Infantry Battalion, cussions on down-sizing this mission, which is which is currently being deployed to UNMIL, will expected to commence early next year, are be the final Defence Forces deployment to the ongoing at EU level. I have discussed the position mission. in Lebanon.

Members of the Permanent Defence Force serving Overseas as of 10 November 2006

1. UN Missions (i) UNIFIL (United Nations Interim Force in Lebanon) HQ 6 UNIFIL 34th Inf. Group 158 (ii) UNTSO (United Nations Truce Supervision Organisation) — Israel, Syria and Lebanon 13 (iii) MINURSO (United Nations Mission for the Referendum in Western Sahara) 3 (iv) UNMIK (United Nations Interim Administration Mission in Kosovo) 4 (v) MONUC (United Nations Mission in Democratic Republic of the Congo) 3 (vi) UNOCI (United Nations Mission in Ivory Coast) 2 (vii) UNMIL (United Nations Mission in Liberia) FHQ 4 UNMIL 95th Inf Bn 316

TOTAL 509

UN Mandated Missions (viii) EUFOR (EU-led Operation in Bosnia and Herzegovina) 59 (ix) KFOR (International Security Presence in Kosovo) 211 (x) ISAF (International Security Assistance Force in Afghanistan) 7

Total number of personnel serving with UN missions 786

2. EU Missions (i) European Union Monitor Mission (EUMM) to the former Yugoslavia 6 (ii) EU support to UN authorised African Union Mission in Sudan (AMIS) 3 (iii) ACEH Monitoring Mission (AMM) 1 (iv) EUFOR RD Congo (support mission to MONUC) 7

TOTAL NUMBER OF PERSONNEL SERVING WITH EU MISSIONS 17 1471 Other 16 November 2006. Questions 1472

[Mr. O’Dea.]

3. Organisation for Security and Co-operation in Europe (OSCE) (i) OSCE Mission to Bosnia & Herzegovina 1 (ii) OSCE Mission in Montenegro 1 (iii) OSCE Presence in Albania 2 (iv) OSCE Mission in FRY 2 (v) Staff Officer, Higher Level Planning Group, Vienna 1

Total number of personnel serving OSCE 7

4. Head of Military Staff (Brussels) 1 5. EU Military Staff (Brussels/Mons) 5 6. EU Military Staff (New York) 1 7. Liaison Office of Ireland, PfP (Brussels) 8. Permanent Representative to EU (Brussels) 3 9. Military Representatives/Advisers (i) Military Adviser, Permanent Mission to UN, New York 1 (ii) Military Adviser, Irish Delegation to OSCE, Vienna 1 (iii) Military Representative to Partnership Co-ordination Cell/Supreme 1 Headquarters Allied Powers Europe (SHAPE), Mons, Belgium 10. Appointments — UN HQ (New York) Officers seconded to DPKO (Department of Peace Keeping Operations) 1

TOTAL NUMBER DEFENCE FORCES PERSONNEL SERVING OVERSEAS 826

Mr. Costello: Maybe the Minister will give us Mr. Callely: Will the Minister provide a break- a verse. down of the total number of officers and other ranks serving overseas? Deputies discussed threat An Ceann Comhairle: The matter does not assessment, injuries and so forth in response to one of my previous questions. Will the Minister arise on these questions. indicate the number of personnel serving over- seas in support services, specifically the medical Mr. Callely: I congratulate the Minister on his corps? Will he also provide a breakdown accord- performance. ing to profession? How many doctors, dentists, paramedics and other support personnel are serv- Mr. O’Dea: Ireland currently has 826 troops ing overseas? Are difficulties being experienced serving overseas. This figure consists of 168 in recruiting any of these personnel, particularly officers and 658 non-officers. I understand five in dentistry? doctors are currently deployed overseas. While I This week, I read with interest a report in one do not have figures on the number of dentists, I of the newspapers that Sweden, the framework understand none is serving overseas. The answer nation in the Nordic battle group, has reser- to the Deputy’s question on whether we are hav- vations about Ireland’s requirement to secure tri- ing difficulty recruiting a sufficient number of ple lock approval. Did the Minister see the report doctors is an unequivocal “Yes”. I will deal with and will he comment on it? Will he also comment this matter in some detail in a later question. on Ireland’s proposed role as the framework On Sweden’s reported reservations about nation in KFOR? Ireland’s triple lock requirement, I read the The Minister may also wish to comment on report and do not agree with it. I have not calls made for him to sign up. I do not refer to received queries from Sweden in this regard and, signing up in the Defence Forces but in response in any case, they would not matter because we to his excellent presentation on—— must operate the triple lock mechanism under the law which states we cannot deploy personnel Mr. Costello: Is it to sign the new book in Limerick? abroad without it. On acting as framework nation in Kosovo from Mr. Callely: I understand that following his August 2007, this new responsibility will contrib- appearance on “The Late Late Show” news net- ute significantly to the development of the works from around the world want the Defence Forces, improving their capability and Minister—— heightening their profile as a professional, well organised force in the international peacekeeping Mr. Gormley: Sea´n South of Garryowen. community. This is the reason Ireland will assume 1473 Other 16 November 2006. Questions 1474 the role, which will require the deployment of an Tallaght. He is better known in Tallaght than one additional 50 to 60 personnel for a short period. of Deputy Timmins’s colleagues.

Mr. Gormley: With regard to the memorandum Mr. Costello: Is he better known than the Mini- of understanding between the members of the ster of State, Deputy Brian Lenihan? Nordic battle group, is it not the case that it does not include a reference to Ireland’s requirement An Ceann Comhairle: Allow Deputy for a triple lock or UN mandate? Will the Mini- O’Connor to ask a question. ster lodge a copy of this document in the Oireachtas Library? Will he arrange for a dis- Mr. Callely: Deputy O’Connor looks after cussion on it given that it has far-reaching con- internal matters. sequences? Mr. O’Connor: We have discussed at length the Mr. O’Dea: I have consulted my officials about contingents that have served abroad. Constitu- making the document available and will be ents of mine have pointed out that when Irish pleased to do so if there are no barriers to publi- troops serve abroad they get involved in charity cation. A memorandum of understanding would and community works. Does this impact on the not usually refer to the requirements of contribu- Minister’s office? Can he provide assistance in ting members. It simply outlines details of how this regard? the various contingents will operate together, During the week, I was asked by someone from who will perform what function etc. It is not sup- Templeogue to explain the reason the Depart- posed to refer to the legal, political or other ment and Defence Forces do not use the expert- requirements for participation. Sweden is the ise of those who have served abroad. The first framework nation of the Nordic battle group and contingent of troops went to Lebanon in 1978. the Swedish Government has known throughout This former soldier asked me why the expertise the process that Ireland has a triple lock require- that is still available is not being used by the ment. I have advised it of this matter and it Army to assist those going abroad on these accepts that the law here states that troops cannot dangerous missions. be deployed on a UN peacekeeping mission with- out each of the three requirements of the triple Mr. O’Dea: The expertise is available. Of the lock mechanism being met. 826 personnel abroad currently, two thirds have The Nordic battle group will be on stand-by for been abroad previously, a considerable reserve of the first six months of 2008. If the European expertise. I cannot remember the Deputy’s first Union were to decide in February or March 2008 question. to deploy the Nordic battle group, in which we have an explosives contingent consisting of 80 to Mr. Costello: When is the UN contingent being 100 troops, the legal position would be that dispatched to Tallaght? Ireland would not be able to deploy troops if each of the three triple lock requirements were not Mr. Timmins: We want to know about the met. That position will continue. decommissioned bus.

Mr. Timmins: The Minister referred to diffi- Mr. O’Connor: It was a serious question. I am culties experienced in filling positions for over- told by Army personnel who have been abroad seas appointments. Does he agree that the prob- that they are interested in getting involved in lem would be alleviated if the reserve Defence charitable and community work when they arrive. Forces were allowed to serve overseas? Will he Are there any plans to assist those who wish to indicate when they will be permitted to serve do this? abroad? Mr. O’Dea: They become involved with com- Mr. O’Dea: I agree that if the reserve Defence munity and charitable work with local groups and Forces, particularly doctors, engineers and other people. There have been instances in Kosovo and professionals, were to serve overseas, it would Monrovia where that happened and we give the significantly alleviate the problem. Various diffi- Army every encouragement to continue with culties are encountered in trying to get release such work. That is why the Army has such a great from employment and these require deals to be reputation in international peacekeeping circles. done with IBEC etc. The target set down in the White Paper was to have reserve Defence Forces Mr. Costello: Will the Minister give the serving overseas by the end of 2009 when the numbers of men and women who are serving period covered by the White Paper was coming to abroad on the various UN missions? Are the an end. We are still on target to achieve this goal. command areas evenly distributed? Is there an overlap? If someone goes to Kosovo, can he then Mr. O’Connor: I share Deputy Callely’s view go to Liberia on a further mission? on the Minister’s performance. As I told him the What about the countries operating battle other day, he is being talked about positively in groups? The memorandum of understanding does 1475 Hospital 16 November 2006. Services 1476

[Mr. Costello.] Adjournment Debate Matters. not include any specific references to the triple An Ceann Comhairle: I wish to advise the lock. Would it be useful to review the situation House of the following matters in respect of so the memorandum includes a statement on our which notice has been given under Standing legislative requirements before deployment Order 21 and the name of the Member in each abroad on a mission? Instead of advising Sweden case: (1) Deputy Neville — the position regarding and Finland on a personal basis, there should be Athea national school; (2) Deputy Fiona a formal arrangement in the memorandum in O’Malley — the role science will play in Ireland’s writing. future economic growth; (3) Deputy O’Connor — the provision of hospital and community services Mr. Callely: I am alarmed about the level of in Dublin South-West; (4) Deputy Crowe — the medical support for the large number of troops future developments of hospital and community serving overseas. There are five doctors but not a services in the south Dublin region; (5) Deputy single dentist. What arrangements exist for those Cowley — the shortage of beds in Beaumont who require dental treatment while overseas? Hospital to accommodate persons awaiting brain The Minister did not answer the question about surgery; and (6) Deputy Pat Breen — the pro- paramedics involved in overseas missions. I could vision of a six slice CT scanner for Ennis make some positive suggestions on incentives we General Hospital. could put in place to encourage the medical pro- The matters raised by Deputies O’Connor, fessions, doctors and dentists, to participate in Crowe, Pat Breen and Fiona O’Malley have been our overseas missions. selected for discussion. The first two items will be taken together. Mr. O’Dea: The breakdown between men and women reflects the general numbers of women in Adjournment Debate. the Army. ———— Mr. Costello: Around 5%. Hospital Services. Mr. O’Dea: Yes, it is in that order but I will get exact figures for the Deputy. There is no barrier Mr. O’Connor: I thank the Ceann Comhairle to prevent a person who goes to Liberia from for his courtesy in this matter. It is important that then going to Lebanon or Kosovo. There is an backbenchers get the opportunity to raise these overlap. issues. I will talk about Dublin South-West, and I I see no reason why the memorandum of invite Deputy Gormley to come to Tallaght with the Green Party candidate and I will be happy to understanding should require a reference to the show her around. triple lock because the triple lock is the law and In Dublin South-West we do not just talk about that takes precedence over any memorandum. Tallaght, we also talk about Firhouse, I am sorry we did not get on to Deputy Crowe’s Templeogue, Greenhills, Brittas and Bohernab- question about sick leave but we are now provid- reena. It is important to recognise the huge popu- ing incentives to recruit more doctors and dentists lation in that area and that the Department and into the Army to provide frontline services. We the Minister take account of the need for the are also providing for more tracking of people further development of hospital and community who have received treatment through com- health services in the area. There has been much puterisation, even when we must bring in civilian progress in recent times, with positive devel- doctors to treat them. opments under successive health boards on com- On dentistry, Lebanon, for example, is a joint munity facilities. We have a tremendous health Irish-Finnish operation so there are medics from centre in Jobstown and GP centres in Killinarden both countries. and Brookfield. The Millbrook Lawns health centre, however, still needs to be redeveloped Mr. Costello: Dentistry would be cheaper in after it was damaged by a fire seven years ago. I Finland. have continued to badger the HSE on the need to start work now on that project. Mr. O’Dea: There are facilities for all medical No discussion on the future of hospital and and dental ailments and the same applies in all community services in south-west Dublin could overseas missions, the expertise is available. If ignore the situation in Tallaght Hospital. I Deputy Callely has any other incentives we could acknowledge the interest the Minister of State, offer to recruit doctors and dentists, because we Deputy Brian Lenihan, has shown in this subject. badly need to do this to provide frontline services The Ceann Comhairle was one of the Fianna Fa´il instead of bringing GPs in from outside, I would Ministers for Health who drove that project and be delighted to hear them. who was kind enough to appoint me to the board in 1988. I took a particular interest in the cam- Written Answers follow Adjournment Debate. paign and I was involved in AMANCH board set 1477 Hospital 16 November 2006. Services 1478 up in 1988 to move the Adelaide, Meath and children and the communities they represent. We National Children’s Hospital to Tallaght. The have had different messages coming from National Children’s Hospital is the focus of a lot Government. One Deputy has stated there is no of attention throughout the Dublin region, partic- threat to services, but another Deputy is unsure. ularly in the Tallaght area. What will happen to the National Children’s We need information. The HSE has reached a Hospital in Tallaght? Last year, 67,221 patients decision and there has been much talk about the went through the National Children’s Hospital, process it went through and the surprise through- such is its scale. We can discuss the movement to out Dublin, particularly in Tallaght, about the Mater Hospital. I surveyed the time it takes Tallaght Hospital not figuring in the final to go to the Mater Hospital from Tallaght decision. It maintains that all nine criteria were Hospital. It took me an hour and a half to get fulfilled and there is scepticism about the decision there. A colleague, one of our local councillors, even among medical professionals. managed to get there in less than an hour by car We must now move on. As someone who has but not in peak-time traffic. been involved in the project and who lives within If between 3,500 and 4,000 people marched on the shadow of Tallaght Hospital, we must be told the streets on a Saturday, this must be motivating by the Department and the HSE what is hap- people. Tallaght is one of the most densely popu- pening. The future for the delivery of children’s lated areas on the island, and it has the most rap- hospital services in the Tallaght region must be idly growing population. It has the largest pro- spelled out. We do not know what is going on portion of people of child-bearing age and young and there have been protests and community people. Yet we have the real prospect of losing a activism as a result. This is the third largest popu- vital paediatric service from the area. It is being lation centre in the country so people need to conveniently moved to the Taoiseach’s own con- know what is happening. There is a huge youth stituency, but that is a discussion for another day. population in Tallaght, with many young families We are interested in what is in the best and we must be clear following the decision on interests of children in the area we represent. the Mater Hospital site about what will happen That is what the issue is about. We are more to children’s services in Tallaght Hospital. interested in seeing a positive conclusion to this, My position is clear, children’s services must be and we want to know what will be the future of retained in Tallaght. In fact further development the hospital. Will the Minister provide that is also an issue. I hope the Minister of State will answer? It does not appear possible to give the give us some insight in that regard. I am happy to answer through parliamentary questions or other- join with my colleague, Deputy Crowe, in raising wise. In that vacuum, people’s fears are growing. this matter which is a very important one for my The experiment of travelling from Tallaght to the community and me personally. I feel very Mater Hospital highlighted a number of issues strongly about my local hospital. Not only am I a including the traffic problem. It also highlights a local representative, I am a campaigner for the danger for families with extremely sick children. services in that area. I have been a patient in the A number of people I know have had children hospital, and it is important that the Department with meningitis, for example, and the hospital understands that people in Tallaght need to know being on their doorstep saved the children’s lives. the answer. I thank the Ceann Comhairle for faci- This will certainly be an election issue, litating both Deputy Crowe and myself. I look although we are not looking for an answer forward to the Minister’s positive reply. because of that. We need those answers for the Mr. Crowe: I wish to reiterate what my col- people living in that area to cut across all the league has stated about the uncertainty existing uncertainty and worry that is out there, partic- in Tallaght at the moment. I have lived in ularly for families. At a public meeting, a member Tallaght for the past 18 years and I worked on of the board told people the hospital was closed, the ground prior to that. I have seen Ministers and if a child gets a sore throat, he or she would come and go on the Tallaght Hospital issue. I do have to got the Mater Hospital. I do not know if not know how many sod turnings we saw, with that is the case, but we are entitled to answers. different Ministers coming from different Instead of the population decreasing as it is in Governments. We eventually had the hospital other parts of the city, Tallaght’s population is opened, from which day it has been dogged by expanding. The other worry with regard to south- controversy. side services relates to the facilities in Crumlin. This is the latest fear and scare for the local Consultants there have stated they were not con- people. A month ago, between 3,500 and 4,000 sulted on this closure. There is a worry of whether people marched on the streets of Tallaght. there is enough space in the Mater Hospital and if there will be services for families to stay over- Mr. O’Connor: Including us. night and so on. As anyone in Dublin knows, it is easier to get Mr. Crowe: They were trying to draw attention out of the city centre than it is to get in. If a per- to the problem which exists. They are afraid and son has a sick child on the outskirts of the city, frightened not only for themselves, but for their the worry is how to get into the city centre. If a 1479 Hospital 16 November 2006. Services 1480

[Mr. Crowe.] What is being attempted by the HSE, through person does not have access to a helicopter or a a transparent process, is the establishment of a private car, that person relies on public transport. location for the national tertiary hospital for pae- We know how clogged up the roads are. diatric services. All the hospitals in the Dublin area, including Tallaght Hospital, participated in Minister of State at the Department of Health that process. Their participation in that process and Children (Mr. B. Lenihan): I thank Deputies indicated a willingness to be bound by a decision. O’Connor and Crowe for raising this matter on A decision was arrived at, which had to happen. the Adjournment. I am making this reply on There was not room for two or three paediatric behalf of my colleague, the Minister for Health tertiary hospitals in Dublin, as that is the unsatis- and Children, Deputy Harney. The Minister is factory arrangement we have currently. That is aware of the specific concerns which have been the issue that required to be addressed. expressed regarding the future development of However, the group will have consultations services at Tallaght Hospital, which operates with relevant stakeholders, which will include within the catchment area of Dublin South-West. representatives of the National Children’s These concerns have largely centred on the posi- Hospital at Tallaght. I would like to salute the tion with regard to the provision of paediatric work done at that hospital, and the staff who hospital services at Tallaght. work there. Following the Government decision on the Mr. O’Connor: Hear, hear. location of the new national paediatric hospital, the Taoiseach, the Minister and the chief execu- Mr. B. Lenihan: There are clearly relevant tive officer of the HSE met with representatives stakeholders who will be consulted on the whole of Tallaght Hospital, including Archbishop issue of the determination of the range of Eames, to discuss the implications of the decision services, and the location of the associated urgent for the National Children’s Hospital at Tallaght. care centres. A number of matters relating to the provision of To date, no decision has been taken on the adult services at Tallaght were also discussed. range of services to be provided at the National Development proposals submitted by the del- Children’s Hospital at Tallaght in the context of egation in this regard have been forwarded to the the development of the national paediatric HSE for consideration. hospital and the associated urgent care centres. I In a letter to the Archbishop following the understand the transition group is currently in the meeting, the Taoiseach gave an assurance that the process of contracting external assistance on the Government wishes to see Tallaght Hospital preparation of the high level framework brief for thrive on a sustainable basis as a particular focal the new hospital, which will include recom- point for the involvement of the minority tra- mendations on the number and functional con- dition in the health care system and as a key tent of the urgent care centres required to sup- health provider to an expanding local population. port the new hospital. The strategy, Primary These objectives will be pursued in tandem with Care: A New Direction, aims to develop services other compelling objectives, including the in the community to give people direct access to achievement of an effective and efficient hospital integrated multidisciplinary teams of general care system, which will deliver the highest pos- practitioners, nurses, health care assistants, home sible standards of care within a framework helps, occupational therapists and others. designed to respond to the needs of patients at It has been estimated that up to 95% of national, regional and local level. people’s health and social services needs can be properly met within a primary care setting and A joint HSE and Department of Health and the establishment of the new primary Children transition group has been established to 5 o’clock care teams can contribute greatly to advance the development of the national tertiary enhancing community-based health paediatric hospital. Among the key items to be services in these areas. addressed are the definition of a high level frame- The HSE received additional revenue funding work brief for the new hospital and the determi- of \16 million in 2006 to support further imple- nation of the range of services and location of the mentation of the strategy. This represents a sig- associated urgent care centres. nificant increase over previous years and brings We are trying to do the best for all our chil- the total ongoing funding to \28 million per dren, both in Tallaght and Dublin as a whole. The annum. current arrangements for the provision of Out of the \16 million provided, \10 million hospital services for children in the Dublin and has been earmarked to establish up to 100 national area are not satisfactory. On a sus- primary care teams, composed of 300 additional tainable basis, there is only room for one national front line professionals. Altogether, this will tertiary hospital centre in this country. Deputies ensure integrated, accessible services for the have obligations to patient safety, and they have populations served by these teams. The funding an obligation to advise the public about dangers is being targeted by the HSE to provide the to patient safety when such exist. potential for each local health office, formerly 1481 Hospital 16 November 2006. Services 1482 community care areas, to establish up to three announcement on the CT scanner that makes me primary care teams. The HSE is currently in the change my mind. process of finalising arrangements for the estab- I have spoken to consultants on this matter and lishment of the primary care teams in 2006. they have assured me that anything less than a Further funding of \10 million is being provided 16-slice scanner is yesterday’s technology being in 2007 to enable the full year cost of these devel- applied to tomorrow’s health services. The popu- opments to be met. lation of Ennis and County Clare is growing and Out of hours co-operatives allow general prac- is currently more than 106,000. The first proto- titioners to put in place arrangements to provide type 16-slice scanner was apparently introduced services to their patients while their surgeries are in 2001 and 64-slice scanners are now common. closed in the evenings, on weekends and bank In proposing a six-slice scanner for Ennis General holidays. The development of GP co-operatives Hospital the Minister is seeking to install pre- is in line with the overall health service policy of 2001 technology. This does not seem like very old strengthening primary care services and ensuring technology but this is one area that is subject to that to the greatest extent possible, the needs are rapid technological developments. met in the primary care setting. Since I tabled this motion I have been made Co-operative arrangements involving approxi- aware that there is a doubt about whether there mately 250 general practitioners are already in is such a thing as a six-slice scanner and that, in place, serving a substantial proportion of the effect, the Minister is sanctioning a fictitious piece population on the south side of Dublin. I under- of equipment for Ennis General Hospital. stand that work is under way on the development I remind the House of her reply to me last of a specific GP out of hours service for the week. After much toing and froing between my Tallaght and Clondalkin areas. The HSE will also office and her Department over whether she consider what other developments may be would approve the revenue costs to operate a CT required to ensure people living across south scanner in Ennis — an answer to which I am still Dublin have access to appropriate GP out of awaiting — she stated: hours services, seven days a week. I appreciate that both Deputies are most the Hospital has been given approval by the anxious to raise the question of the future of what HSE to purchase a six-slice CT scanner. The is colloquially described as Tallaght Hospital. I HSE is currently considering the revenue know this because Deputy O’Connor has raised requirement for the new scanner. this question with me on numerous occasions and The HSE informed me on 12 October that they Deputy Crowe raised the question in the House were awaiting funding to proceed. I ask the Mini- this evening. I focused in my reply on the obli- ster of State the reason Ennis should be given gation of Deputies in respect of matters of patient a six-slice scanner when Ballinasloe’s Portiuncula safety. I should have been more precise and Hospital is getting a 64-slice scanner and Nenagh refined. I am actually talking about patient out- General Hospital a 16-slice scanner. Why is some- comes, not patient safety. Safety and the treat- thing inferior marked down for Ennis? Why is ment of patients in Tallaght are of a very high Ennis the poor relation of these hospitals when standard but there is a question about how we \ achieve the best outcomes for our children in 600,000 has been awarded by the mid-western terms of the configuration of the hospital system hospital development trust for a scanner? in Dublin. This was the subject of the report. It is In case she is in any doubt about the value for clear from the reply I have made on behalf of the money that can now be had for 16-slice scanners, Minister that the Minister is willing to engage I wish to inform the Minister that a Siemens with all relevant stakeholders including the Emotion 16 scanner has a high diagnostic image National Children’s Hospital at Tallaght in that quality and, according to Medical Technology context. Business Europe newsletter, “enables hospitals and private practices with limited budgets or Mr. P. Breen: I am concerned about the recent space allocations to install a 16-slice computed announcement made by the HSE and the Mini- tomography (CT) scanner suitable for compre- ster for Health and Children, regarding the pro- hensive clinical applications”. That is all we want vision of a six-slice CT scanner for Ennis General for Ennis. It would fit into a space of less than Hospital. The widely-held view among medical 200 sq. ft. and I believe the purchase price would practitioners is that the imaging quality of such a not be much more than what the hospital has CT scanner is inadequate as a modern diagnostic received from the trust fund. tool. The Department of Health and Children I ask the Minister of State as the representative should immediately instruct the HSE to purchase of the Minister for Health and Children to put a higher grade CT scanner. pressure on the Minister to take into account a I recently called on Clare voters to be extra technology which is changing rapidly. The con- vigilant over Government assurances on the sultants advise that a 16-slice scanner is the mini- county’s health services in the run-up to the elec- mum needed for Ennis and not a six-slice tion and there is nothing about this latest scanner. 1483 Science 16 November 2006. Strategy 1484

[Mr. P. Breen.] In the past year the Health Service Executive My party leader was in Ennis last week and he has taken the approach that CT scanning be avail- visited Ennis General Hospital. He was told this able in its general hospitals to provide the more information by the consultants. He also gave a commonly ordered CT scans and studies locally commitment that a consultant-led 24 hour acci- and relieve the demand on the tertiary centres. In dent and emergency service would continue in 2005, the Health Service Executive gave approval Ennis General Hospital under his leadership. to proceed with the installation of six-slice CT I hope the Minister of State will have positive scanners at a number of hospitals. news for me this evening and that the Depart- Costs rise significantly as the number of slices ment will consider this proposal in the interests increase. In addition the six-slice scanner is con- of patient safety and in the interests of promoting siderably more robust than the higher slice capa- Ennis General Hospital where it is still awaiting city units resulting in less down time. For the type the development plan to be implemented. A sum of scans being carried out, it is a more efficient of \30 million has been allocated for this purpose scanner. but not a brick has been laid yet. We are hoping In addition to the provision of a new CT scan- for good news in the near future. The recent news ner in Ennis, a major new development at the about the scanner does not bode well for a posi- hospital is at planning stage. A project team was tive outlook for the future of the hospital and the set up to identify priority developments at the Government’s commitment to the hospital. hospital so that the long-term requirements of the county can be addressed. The priority areas for Mr. B. Lenihan: I thank Deputy Pat Breen for development in phase 1A include the upgrade of raising this matter on the Adjournment. I am wards, the accident and emergency department, making this reply on behalf of my colleague, the radiology department, including the CT scan- Deputy Harney, the Minister for Health and ner, the outpatients department, the intensive Children. care unit, the concourse and a general infrastruc- As the Deputy is aware, the provision of ture upgrade. These developments will cost more services at Ennis General Hospital is the than \30 million to design, build and equip. responsibility of the Health Service Executive. The Health Service Executive has recently With regard to the CT scanner, the Health issued approval to progress the design of the pro- Service Executive has informed the Department ject to stage three, subject to the functional con- that the mid-west hospitals trust has agreed to tent of the planning brief being reviewed follow- provide funds towards the purchase and instal- ing the outcome of the review of the acute lation of a CT scanner at Ennis General Hospital. hospital services in the mid-west. The Health Service Executive has carried out The Government is investing capital funding of \ a review of the CT scanner requirement. The more than 550 million on 400 individual health number of CT procedures continues to grow in projects this year and more will be invested in Ireland year on year. The hospital has been given 2007. We are committed to developing county approval by the HSE to purchase a six-slice CT hospitals such as Ennis to provide appropriate scanner. The HSE is currently considering the services for the people in County Clare. The revenue requirement for the new scanner and the Minister’s policy is to provide safe, high quality cost of operating the scanner on a current basis. services that achieve the best possible outcomes People from County Clare currently have to for patients. This will mean that those services that can be safely delivered locally are delivered travel to Limerick or Galway for a CT scan. The locally. More complex services that require provision of CT scanning facilities at Ennis specialist input are concentrated in regional or General Hospital will mean people from County national centres of excellence. Clare can receive CT scans in Ennis. The new CT scan will also have a significant effect on the workload of the regional hospitals. It must be Science Strategy. noted that the more commonly required CT scans Ms F. O’Malley: I am grateful for the oppor- account for close to all of the scans required in tunity to raise this matter on the Adjournment. county hospitals. This is Science Week Ireland and it should not go Common CT examinations such as pelvic and unobserved in the Da´il. One of the most abdominal, brain, head and neck, chest and spine interesting aspects of budget 2006 was the studies account for most of the CT procedures announcement of the strategic innovation fund required. The use of multi-slice CT scanning for for fourth level education. Investment in intellec- specialty procedures, such as vascular and cardiac tual capital has been a hallmark of our economic CT procedures, made up less than 5% of the total prosperity and has brought us to where we are number of CTs performed internationally and today. The establishment of the strategic initiat- exclusively in large tertiary hospitals. The Health ive fund is a clear expression on the part of Service Executive envisages that multi-slice 64- Government of the important role it plays in the slice scanners will be installed in the major teach- process of learning, learning at the pinnacle of ing and regional hospitals to facilitate specialty inquiry. This is investment at the cutting edge, the scanning, particularly in the area of cardiology. research and development sector. 1485 Science 16 November 2006. Strategy 1486

Complacency is the single biggest threat facing Mr. B. Lenihan: I thank Deputy Fiona our economy. External forces of change have O’Malley for raising this matter on the Adjourn- required us to surmount ever higher hurdles to ment. I am taking this adjournment on behalf of sustain success. Our economy has moved from a my colleague, Deputy Martin, the Minister for low cost one to one where added value is now a Enterprise, Trade and Employment. necessity. While we continue to generate more Science Week Ireland is the celebration and jobs than can be filled, the type of job has demonstration of science, engineering and tech- changed significantly from those in the manufac- nology in Ireland. People of all ages are given the turing sector to those supporting Ireland’s know- opportunity and encouraged to explore, discover, ledge economy. The basis for future growth and experiment or invent their way to a better under- prosperity is investment in that knowledge econ- standing of Irish innovation and its relevance to omy. The strategic innovation fund is a sound Ireland’s economic prosperity through hundreds bedrock to underpin this goal. of events held nationwide. Exploration, innovation and enquiry are the This marks the tenth year of Science Week essence of science. The enterprise strategy group Ireland and this year the theme is science in our report, Ahead of the Curve, clearly identifies that future. It is examining emerging technologies, the this is where our competitive advantage and latest movements in science and engineering and future lie. It is in the schools and science labs of also predictions as to what science might uncover today that the foundation of Ireland’s future in the future. Science Week Ireland highlights economic success is built. Government has shown that the science, engineering and technology leadership, but there is more to do. We must sup- industry and education sector develops cutting port an environment which facilitates collabor- edge innovations and provide skilled jobs. It con- ation between enterprise and academia. Inter- tributes hugely to the Irish economy and is rel- nationally, public support for business sector evant to us all in our everyday lives, often in sur- research and development has moved strongly prising ways. It leads to exciting career options towards co-operative research. The institutes of and develops creativity in our children. technology are very well placed to support innov- Science Week Ireland is running from 12 to 19 ative enterprise through technical consulting and November 2006 and it is a key event in the calen- collaboration on close-to-market research pro- dar of the discover science and engineering jects. In my constituency, the Du´ n Laoghaire awareness programme. This year it will be bigger Institute of Art and Design is particularly pro- than ever and there has been a strong response active on this front. from all the partners throughout the country with Climate change offers Ireland limitless oppor- over 370 events taking place nationwide. For tunities in finding solutions to the challenges it example, in the Minister’s native Cork more than presents. Research in biofuels and alternative 7,000 people are expected to visit the Discovery renewable energies are areas where Ireland could 06 event centred in Cork City Hall where there be a world leader given our geographic location will be over 50 exhibits and workshops. which provides optimum conditions for wind tur- The awareness of science, which this week pro- bines and the growth of biomass. These are areas motes, is critically important given that the where scientific enquiry is at an early stage and I development of the knowledge-based economy is have often said we could be the global research one of the key challenges and opportunities fac- and development capital of renewable energies. ing Ireland. Deputy O’Malley put that very well This is an ambition which the strategic innovation in her contribution. We know that the factors fund could help Ireland realise. which have contributed to our economic success While it is understandable that responsibility will not be sufficient to sustain our recent for science currently resides in the Department of achievements. Increasing international compe- Education and Science, there is an argument for tition is creating pressure for improvements in transferring this responsibility in the next admini- efficiency, quality and productivity and a growing stration into the Department of Enterprise, Trade need for innovation. These pressures will increase and Employment. Given the strategic change in and intensify. It will require courageous, forward- direction which Ireland is required to make to looking steps to achieve real strategic change, keep the economy progressing, this is an idea show tangible medium-term results and shape worth considering. Given the obvious role science the future. will play at the heart of this new strategy, in The Strategy for Science, Technology and addition to the importance of fostering our Innovation, SSTI, is a whole Government entrepreneurial spirit, a base in our Department approach which addresses these very demanding of Enterprise, Trade and Employment would challenges. This strategy was launched by make most sense. Government on 18 June 2006 and constitutes one Science will be the fulcrum of Ireland’s econ- of the principal pillars of the National Develop- omic growth, investment in science today means ment Plan 2007-2013. It strives towards a vision a strong economy tomorrow. As politicians that by 2013 of an Ireland internationally renowned is what we should be providing for future gen- for the excellence of its research and at the fore- erations. front in generating and using new knowledge for 1487 The 16 November 2006. Adjournment 1488

[Mr. B. Lenihan.] teacher training improvements focused on ensur- economic and social progress, within an inno- ing that science is a core element for all students vation driven culture. from school entry right through to eventual The strategy will see additional investment of career choice. A broad agenda is set out in the \3.854 billion over the period 2006 to 2013. It will strategy for public sector research across all key move Ireland forward significantly in areas such research performing departments. This research as the output of PhDs, Government expenditure will yield important social and economic benefits on research and development and business across areas such as agriculture and food, marine, expenditure on research and development. The health, environment and energy. strategy provides for the continued development Under the strategy it is proposed to upscale of a world-class research system underpinned by research across all disciplines, both the physical the essential physical and human infrastructure, sciences and the humanities and social sciences. almost doubling the number of PhD graduates This approach is founded in a belief in the intrin- over its lifespan. Top level researchers will be sic value of scholarship, to democratic society and drawn both from home-grown talent and the brightest that can be attracted from overseas. to the work of universities as communities of The strategy proposes mechanisms to ensure knowledge and discourse. In addition, there are that the investment in research is turned into compelling social and economic reasons to commercial value to the greatest extent possible. further develop our capabilities in the humanities In regard to enterprise, the strategy sets out struc- and social sciences. We must understand the tures and mechanisms to enhance supports to rapid changes taking place in the Irish economy industry and encourage firms to become more and society as these can help inform a better engaged in research and development. Detailed approach to public policy and decisions. We must targets are set for this, encapsulated in the goal of also create creative and analytical skills in the increasing business expenditure on research and context of the global economy, which is increas- development from the current level of \1.1 billion ingly dominated by knowledge industries. to \2.5 billion by 2013. The strategy has significant implications for the The Da´il adjourned at 5.20 p.m. until 2.30 p.m. education system as a whole, with curriculum and on Tuesday, 21 November 2006. 1489 Questions— 16 November 2006. Written Answers 1490

Written Answers.

————————

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

————————

Questions Nos. 1 to 8, inclusive, answered Hurley, who I had appointed to carry out an inde- orally. pendent review of the interaction between the Department of Defence/Defence Forces and Weapons Amnesty. parents and family of Private Kevin Barrett in the aftermath of his tragic death, on 18 February, 9. Mr. Timmins asked the Minister for Defence 1999, while serving with the 84th Infantry Bat- if any weapons handed in by members of the public are held in storage by the Defence Forces; talion in Lebanon. Mr. Hurley looked in detail if so when these were handed in; the number of at how the Department and the Defence Forces same; and what he intends to do with them; and interacted with the Barrett family after Kevin’s if he will make a statement on the matter. death and has identified some clear failings and [38132/06] shortcomings. Immediately on receipt of Mr. Hurley’s report, Minister for Defence (Mr. O’Dea): An Garda I contacted the Garda Commissioner and asked Sı´ocha´na have the primary responsibility for law him to provide me with his early views in relation and order, including the protection of the internal to any possible assistance that the Garda Sı´och- security of the State. Among the roles assigned to a´na might be in a position to provide. The Garda the Defence Forces is the provision of aid to the officer assigned to the case is continuing to exam- civil power (meaning in practice to assist, when ine my Department’s and the Defence Forces requested, an Garda Sı´ocha´na), which duties files in the case, with a view to determining include the protection and guarding of vital whether the Gardaı´ can provide any assistance in installations, the provision of certain security the matter. Liaison arrangements have been set escorts etc. up between the Gardaı´ and the Defence Forces, Under the Firearms (Dangerous Weapons) who continue to provide the fullest co-operation Order, 1972, weapons were surrendered to An to An Garda Sı´ocha´na. To date the Defence Garda Sı´ocha´na. Some 5,000 weapons are held Forces have assisted in providing access to the in storage by the Defence Forces in the Eastern, considerable number of witnesses associated with Southern and Western Brigades. Any future the case and have also facilitated the visit by the decisions regarding these weapons is a matter for investigation team to Lebanon and Israel. The my colleague the Minister for Justice, Equality and Law Reform. weapon that fired the fatal shot has been handed over by the Defence Forces to the Garda Sı´och- a´na for tests. At the request of the Gardaı´, the Departmental Investigations. Defence Forces also arranged, with the agree- 10. Cecilia Keaveney asked the Minister for ment of the UN, for the return to Ireland of the Defence the progress made to date in the investi- billet in which Pte. Barrett died. The billet has gation into the death of a soldier (details been the subject of detailed forensic examination supplied); when the Garda enquiry will be com- by the Gardaı´. The Garda inquiries are still pleted; when he will receive the report; and if he ongoing and when completed, I expect the Com- will make a statement on the matter. [37726/06] missioner will contact me in the matter. My understanding is that the Garda investigation Minister for Defence (Mr. O’Dea): On 2 may be completed towards the end of this year. February, 2006, I received a report from Mr. Sean 1491 Questions— 16 November 2006. Written Answers 1492

Defence Forces Staff. provision of medical services and a patients char- 11. Mr. Crowe asked the Minister for Defence ter are being prepared. There will be a greater his views on whether rates of sick leave in the emphasis on the direct provision of medical Defence Forces are running at almost twice that services and improvements in the maintenance for civilians; the reason for same; and the steps and tracking of patients’ records and treatment he is taking to address it. [38176/06] through computerisation. In the context of the Modernisation agenda arising under “Towards 33. Mr. Callely asked the Minister for Defence 2016” it is also intended to review the sick leave the action being taken to reduce the levels of sick arrangements for personnel of the Defence days being taken in the Army, Naval Service and Forces. Air Corps as set out in Parliamentary Question The work outlined above will assist the Chief No. 174 of 26 October 2006; the discussions his of Staff, the Medical Corps and local commanders officials have had with the representative associ- in their efforts to minimise the instances of sick ations to address this problem; and if he will leave of the Defence Forces and to maintain the make a statement on the matter. [38241/06] general health of the Defence Forces.

Minister for Defence (Mr. O’Dea): I propose Overseas Missions. to take Questions Nos. 11 and 33 together. 12. Mr. J. O’Keeffe asked the Minister for Sick leave in the Defence Forces was about 14 days per annum per person in the period from Defence the position in relation to the recent sub- October 2005 to 30 September 2006. A SFA mission by PDFORRA seeking an increase in report earlier this year identified an average of 10 overseas allowance; if this will be granted; from days absence per person per annum in larger when it will be granted; and if he will make a firms. statement on the matter. [38151/06] Military service, due to the robust nature of the physical training regime exposes personnel to a 31. Ms O. Mitchell asked the Minister for unique range of challenging environments with Defence the amount of overseas allowance attendant health risks. The mission of the Medical granted for the years 2004, 2005 and 2006 to date; Corps of the Defence Forces is to ensure and to and if he will make a statement on the matter. co-ordinate the provision of medical, dental and [38154/06] pharmaceutical support to the Defence Forces in the execution of their Roles as assigned by 69. Mr. G. Mitchell asked the Minister for Government. Military medical services and their Defence the current level of overseas allowance; facilities exist to maintain the health of the and if he will make a statement on the matter. Defence Forces and to support them in oper- [38153/06] ational and overseas activities. There is a shortage of medical officers Minister for Defence (Mr. O’Dea): I propose (Doctors) in the Medical Corps. The establish- to take Questions Nos. 12, 31 and 69 together. ment for Medical Officers is 47 and the current A claim has been received from the Permanent strength if 23, of whom 12 are functioning in front Defence Force Other Ranks Representative line clinical duties in Ireland amongst Brigades Association (PDFORRA) for an increase in and formations. The services of civilian medical overseas allowance. This claim will be processed practitioners are regularly engaged to ensure that through the Conciliation and Arbitration Scheme the primary health care requirements arising in for the Permanent Defence Force. By agreement barracks are met. However, the shortage of dedi- with the Association, discussions under the cated doctors impacts on overall management Scheme are confidential to the parties involved. and control, both at the level of local units and Accordingly, the Deputy will appreciate that it nationally in the Medical Corps. would not be appropriate for me to comment Efforts are ongoing to address the shortage of further on this issue at this time, other than to say Medical Officers (Doctors) in the Medical Corps. A recruitment campaign for Doctors is currently that the claim will have to meet the conditions underway. This campaign follows on from a required by the new Public Service Pay Agree- recent decision to significantly increase the pay of ment – Towards 2016. Doctors and Dentists in the Medical Corps, link- The amounts paid by way of all overseas allow- ing them to the pay of public health doctors and ances from 2004 to the end of October 2006 were: dentists. 2004 — \17.8m A review of the provision of medical services in the Defence Forces initiated as part of the 2005 — \22.1m Modernisation Agenda under Sustaining Progress 2006 — \17.7m (to end Oct). has delivered improvements in this area. This work involves the Department of Defence includ- The current daily rates of Overseas Peace Sup- ing military management and the Representative port Allowance (OPSA) range from – \52.86 for Associations. A revised concept document on the Privates to \76.22 for Commandants and higher. 1493 Questions— 16 November 2006. Written Answers 1494

An additional daily allowance of \21.36 for reflect the full value of the original RDF enlisted personnel and \22.39 for officers is, also, property. paid in respect of armed missions. The water supply system and ancillary lands at The Deputy may wish to note that the above Knockalisheen Camp were sold to Clare County rates are included in Rates of Pay and Allow- Council earlier this year for \0.026 million. ances for the Defence Forces, which are available The Government agreed on 16 December 2003 on www.defence.ie. to the release of circa 2.5 acres at St. Bricin’s Military Hospital, Dublin for inclusion in the Sus- Defence Forces Property. taining Progress Affordable Housing Initiative. The site was recently transferred to Dublin City 13. Mr. Timmins asked the Minister for Council as specified by the Department of the Defence the amount of property which has been Environment, Heritage and Local Government disposed of by his Department to other statutory for a nominal consideration. bodies since 1 January 1998; the amount received In addition, from time to time land at various for same; and if this represented market value; locations has been dedicated to local authorities and if he will make a statement on the matter. to allow for projects such as road widening or [38133/06] realignment schemes. All transactions were carried out in accordance Minister for Defence (Mr. O’Dea): The sale of with proper procedures and at valuations a site comprising c. 2.7 acres to the Southern reflecting the nature of the disposals. Health Board at the former Murphy Barracks, \ Ballincollig, Co. Cork for 1.73 million was com- Ministerial Meetings. pleted in December 2004. 19.218 acres at the former Fitzgerald Camp, Fermoy, were sold to 14. Mr. Eamon Ryan asked the Minister for Cork County Council in 2001 for \0.974 million Defence his views on the Long Term Vision for development in conjunction with the IDA. 10 report from the European Defence Agency acres at Ringaskiddy was transferred from my presented to the EU Defence Ministers meeting Department to the Department of Education and in Levi, Finland on 3 October, 2006; the Irish Science in 2002 as a site for the National Mari- Government’s response to this document; and if time College. There was no transfer of funds he will make a statement on the matter. involved as the lands were made available as my [38115/06] Department’s contribution to the project. Castle- Minister for Defence (Mr. O’Dea): An infor- blayney Military Post, Co. Monaghan, comprising mal meeting of EU Defence Ministers took place c. 10 acres, was sold to the North Eastern Health in Levi, Finland on 2nd and 3rd October, 2006. Board for \0.762 million in 2002. 7 acres at Devoy In tandem with the informal Defence Ministers’ Barracks, Naas, Co. Kildare, were ceded free of meeting, there was a Ministerial level meeting of charge to Naas Urban District Council, while a the EDA Steering Board. further 14 acres were sold to that authority for \ The main item on the Agenda for the Steering 8.888 million. The balance of the Barracks lands Board was a discussion on the EDA’s initial long- — one acre — was sold to Kildare County \ term vision, which had been developed by the Council for 0.381 million in 2002. Agency over the past number of months. The Lands comprising 6.39 acres, known as “Sus- purpose of the LTV is to set out a view of the an’s Field”, adjoining Collins Barracks, Cork, future global context and, against this back- \ were sold to Cork City Council for 1.523 million ground, the potential capability requirements for in 2002. Circa 3.4 acres at Sarsfield Barracks, ESDP operations. Given the lead time involved Limerick, was disposed of to Limerick City in the development of defence equipment and Council for \1.162 million in 2002/2003. A site capabilities, there is a need to project forward comprising circa 0.931 acre, adjacent to my over a 20 to 30 year time horizon so as to provide Department’s RDF premises in Kanturk, Co. some guidance to the EDA and capability plan- Cork, was disposed of to the Southern Health ners in terms of the broad types of capabilities Board for a consideration of \0.178 million in which ESDP is likely to require in the future. 2003. Approximately 1.559 acres at Waterford The overall thrust of the LTV document was Barracks was sold to Waterford City Council for generally supported by the Steering Board as pro- \0.662 million in 2003. Spike Island, Co. Cork, viding a broad compass looking into the future of was sold to the Department of Justice on foot of possible capability needs for EU military forces a nominal fund exchange of \0.065 million in engaged in ESDP operations. That said there are 2004. In 2005, my Department’s RDF premises in significant caveats on the document which is an a- Killorglin was transferred to Kerry County political, non-binding, non-committing document Council for inclusion in a major town develop- which has not been agreed in word-by-word ment project. In exchange, the County Council detail by the member States. provided a new purpose built RDF premises on a The long-term vision is a living document to be nearby site owned by the Council and in addition, reviewed and updated on an ongoing basis, prob- made a balancing payment of \0.012 million to ably every 2 to 3 years. It will provide some guid- 1495 Questions— 16 November 2006. Written Answers 1496

[Mr. O’Dea.] an officer’s course for non-commissioned officers; ance on the focus of R&T initiatives which may and if he will make a statement on the matter. be facilitated by the EDA and will feed into an [38120/06] ESDP Capability Development Plan to be com- pleted by December. Any future R&T Agenda 67. Mr. Gogarty asked the Minister for or Capability Development Plans will have to be Defence the progress in consultations with the agreed specifically by the Steering board on a Defence Forces’ representative associations case-by-case basis. regarding the commissioning from the ranks com- petition due to be held shortly; and if he will Defence Forces Property. make a statement on the matter. [38114/06] 15. Mr. P. McGrath asked the Minister for Minister for Defence (Mr. O’Dea): I propose Defence the total acreage of Haulbowline, to take Questions Nos. 17 and 67 together. County Cork; the amount of this in the ownership Significant progress has been made recently in of the Defence Forces; the person who owns the implementing schemes to enable more com- remainder; and if he will make a statement on the missioning from the ranks. The revised cadetship matter. [38124/06] competition is now seen as the primary means of commissioning from the ranks. The cadetship 16. Mr. McEntee asked the Minister for competition has been revised to increase the Defence if he will purchase some of the land at maximum entry age to 28 and to award bonus Haulbowline, County Cork that was formerly marks to candidates with previous experience in used by Irish Steel; and if he will make a state- the Permanent Defence Force (PDF) or Reserve ment on the matter. [38122/06] Defence Force (RDF). Results for the 2006 cadetship competition were encouraging with Minister for Defence (Mr. O’Dea): I propose 13% of PDF and 8% of RDF applicants being to take Questions Nos. 15 and 16 together. successful in obtaining cadetships as against 4% Haulbowline Island comprises approximately of “civilian” candidates. 84 acres in total and is, in its entirety, vested in Consultations with the representative associ- the Minister for Finance. The area of the Island ations are ongoing regarding the conditions for formerly under Lease to Irish Ispat (previously an internal Commissioning From the Ranks com- Irish Steel), and now under the administration of petition, which it is intended to hold in the com- the Department of the Environment, Heritage ing months. This competition will provide an and Local Government arising from the liqui- opportunity for enlisted personnel who have dation of that Company, covers c. 44 acres. My passed the cadet entry age to compete for entry Department administers the balance of the Island on a potential Officers Course and ultimately, a lands, which are occupied by the Naval Service. commission. The outcome of this competition will None of the lands on Haulbowline Island are in inform policy on the issue of similar future com- private ownership, however, Rocky Island, which petitions. lies between Haulbowline Island and the main- land at Ringaskiddy, was sold by the liquidator of Defence Forces Strength. Irish Ispat to a private individual in 2005. The Department of the Environment, Heritage 18. Mr. Hogan asked the Minister for Defence and Local Government has lead responsibility for the maximum and minimum number of personnel the remediation of the Ispat site. In that regard, required to man our ships on fishery patrol with my Department has signalled Naval Service a breakdown by ship; and if he will make a state- interests in the future use of the site. ment on the matter. [38130/06] Minister for Defence (Mr. O’Dea): The infor- Defence Forces Schemes. mation sought by the Deputy is set out in the fol- 17. Mr. McEntee asked the Minister for lowing tabular statement which indicates the Defence the position in relation to proposals for manning levels of vessels (all ranks).

Vessel Category Maximum Recommended Minimum Manning as per Average Manning Level of Manning Naval Service Operations Sailing Possible as per NSIP1 Command2 Manning3

Helicopter Patrol Vessel (HPV) 86 52 38 53 Large Patrol Vessel (LPV) 49 39 30 40 Offshore Patrol Vessel (OPV) 54 40 30 41 Coastal Patrol Vessel (CPV) 46 38 30 38 1 As per the agreed Naval Service Implementation Plan (NSIP) for each class and recommended for routine patrolling. 2 This is the minimum number per ship for routine patrolling. In an emergency, the Ship’s Captain may sail with less than the minimum to respond to urgent operational demands. 3 Figures include trainees from time to time in addition. 1497 Questions— 16 November 2006. Written Answers 1498

The Naval Service operates a fleet of eight ships ment has taken place in recent years and I will categorised as follows: continue the good work in that regard. The unprecedented level of expenditure on 1 × Helicopter Patrol Vessel (HPV) equipment for the Army, Air Corps and Naval 2 × Large Patrol Vessels (LPV) Service was made possible by the Government’s 3 × Offshore Patrol Vessels (OPV) decision that pay savings arising from the reor- ganization of the Defence Forces set out in the 2 × Coastal Patrol Vessels (CPV). White Paper of 2000, along with proceeds from the sale of surplus properties, would be reallo- Defence Forces Equipment. cated for investment in modern facilities and equipment. 19. Ms Shortall asked the Minister for Defence Investment in new equipment for the Defence the capital budget in each of the past ten years Forces and for the on-going support of that for purchasing new equipment for the Permanent equipment, is provided for under various Defence Forces; and if he will make a statement Subheads of the Defence Vote relating to defens- on the matter. [38196/06] ive equipment, mechanical transport, aircraft, ships and naval stores, engineering, communi- Minister for Defence (Mr. O’Dea): The acquis- cations and Information Technology equipment ition of new equipment and services for the etc. Details of the level of expenditure over the Defence Forces continues to be a key focus for past 10 years in each of these areas are set out in me as Minister for Defence. Significant invest- the following tabular statement.

Area 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997

Defensive Equip 40,955 46,498 37,332 33,046 41,108 31,162 29,542 19,036 12,253 10,808 Aircraft 39,125 44,237 55,392 47,305 38,468 36,938 19,984 16,717 14,539 17,211 Military Transport 11,530 13,244 11,957 15,803 11,675 9,739 11,925 15,632 12,619 8,897 Ships 13,330 12,861 10,835 10,842 11,097 20,294 34,764 20,349 19,722 14,480 Buildings/Reinvestment 17,949 32,983 29,791 34,911 51,578 65,313 29,300 25,085 20,120 10,746 Ordnance/Clothing/Catering 18,679 14,810 13,570 17,782 15,526 15,184 13,537 12,295 11,104 8,517 CIT 10,046 14,248 10,483 11,688 9,359 11,802 8,495 7,403 9,192 3,653 Training 3,731 2,271 3,568 3,651 4,279 3,793 3,314 1,677 1,590 662 Medical 4,941 3,091 3,028 2,998 2,919 3,108 1,877 1,828 1,863 1,859

Total 160,286 184,243 175,956 178,026 186,009 197,333 152,738 120,022 103,000 76,833

This represents an investment of more than \1.5 if he will make a statement on the matter. billion in acquiring and supporting modern equip- [38192/06] ment and services for the Defence Forces. In the same period there has been an investment of over Minister for Defence (Mr. O’Dea): In 2005, a \335 million in building and infrastructure across total of 64 Officers were newly commissioned and the Defence Forces. 441 Enlisted Personnel (including 49 Cadets) All elements of the Defence Forces, the Army, were newly inducted into the Defence Forces. Air Corps, Naval Service and the Reserve have The corresponding figures for 2006 to date are benefited from the investment in new equipment. 67 Officers and 497 Enlisted Personnel (including The equipment issued to the Defence Forces is 52 Cadets). in keeping with the most modern requirements The number of retirements for Officers and and the highest international standards. The Enlisted Personnel is as set out in the following schedule. Defence Force Regulations provide ongoing investment in the Defence Forces will that a person who enlisted in the Permanent ensure that this remains to be the case. Defence Force before 1 January 1994 may be per- mitted to continue in service up to the age of sixty Defence Forces Retirement Scheme. years. It also provides that a person who enlisted 20. Mr. Gilmore asked the Minister for in the Permanent Defence Force on or after 1 Defence the number of members of the Defence January 1994 may be permitted to continue in Forces who retired on age grounds in each of the service up to the age of fifty years in the rank of past ten years; the number of members who Sergeant and to the age of fifty-six in all higher resigned or took early retirement in each of the ranks. Enlisted personnel, in the rank of corporal past ten years; the number of new members who or private, who enlisted after 1 January 1994, may not serve beyond twenty-one years service in were recruited in each of the past two years; and any event. 1499 Questions— 16 November 2006. Written Answers 1500

[Mr. O’Dea.] sonnel Management System, recommended The current retirement ages are 54 for Captain, reduction to retirement ages and the introduction 56 for Commandant and 58 for Lieutenant of short service commissions for some officers in Colonel. Higher ranks have retiring ages ranging the Defence Force. These measures were from 60 to 63 years of age. designed to address the shortage of junior The 2000 White Paper on Defence and the officers, to improve the age profile of officers and earlier Defence Force Review Implementation to ensure mobility. Plan both, in the context of a Defence Force Per-

Numbers of Officers and Enlisted Personnel who resigned or retired in the years 1996-2006

Officers

1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006

Resigned or Retired 103 110 68 72 59 61 39 24 24 36 22 before reaching Maximum Retirement Age Retirement on 18 16 21 31 15 20 20 17 14 17 15 Grounds of Age

Enlisted Personnel

1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006

Discharged or 717 1,104 844 745 833 848 649 500 457 430 420 Retired before reaching Maxinim Retirement Age Retirement on 18 21 23 30 25 37 29 44 48 45 49 Grounds of Age Note: These figures exclude personnel who died in service or discharged for purpose of re-enlistment or appointment to officer rank.

Defence Forces Schemes. the use of Casement Aerodrome, Baldonnel for 21. Mr. Neville asked the Minister for Defence civilian aircraft since January 2006; and if so, the the position in relation to the provision of third reason for same; and if he will make a statement level education in the Defence Forces under the on the matter. [38127/06] USAC scheme; if there are plans to change this; and if he will make a statement on the matter. Minister for Defence (Mr. O’Dea): I propose [38145/06] to take Questions Nos. 22 and 29 together. It has been the practice to permit occasional Minister for Defence (Mr. O’Dea): All Army use of Casement Aerodrome by privately owned Officers, on commissioning after completion of aircraft on an “ad hoc” basis on the payment of Cadet Training, who meet the academic entry a fee and production of the necessary insurance requirements for third level education, and who indemnity. do not already hold a Level 7 Qualification, are Requests for permission to land privately eligible to participate in the USAC Scheme. The owned aircraft, including helicopters, at Case- USAC Scheme permits such newly commissioned ment Aerodrome, Baldonnel, are occasionally Officers to attend university on a full time basis received by my Department. Such requests, are as undergraduates for 3-4 years and to complete dealt with on a case-by-case basis and permission a primary (Bachelor’s) degree. There are no plans may be granted, subject to operational, security, to change this Scheme at present. administrative etc. considerations. A fee of \222.20 is payable in respect of each occasion of Aerodrome Use. use. Permission was granted for twenty six (26) 22. Mr. English asked the Minister for Defence such landings since January, 2006. if non military aircraft have used Casement Aero- drome, Baldonnel since January 2006; and if so, Search and Rescue Service. the purpose for this; and if he will make a state- ment on the matter. [38125/06] 23. Mr. Deenihan asked the Minister for Defence his views on the Air Corps providing a 29. Ms Enright asked the Minister for Defence permanent search and rescue facility; and if he if his Department has received fees resulting from will make a statement on the matter. [38142/06] 1501 Questions— 16 November 2006. Written Answers 1502

227. Mr. Durkan asked the Minister for after 1 January 1994 may be permitted to con- Defence the strength of the air sea rescue tinue in service up to the age of fifty years in the services; and if he will make a statement on the rank of Sergeant and to the age of fifty-six in all matter. [38433/06] higher ranks. Enlisted personnel, in the rank of corporal or private, who enlisted after 1 January Minister for Defence (Mr. O’Dea): I propose 1994, may not serve beyond twenty-one years to take Questions Nos. 23 and 227. service in any event. The Irish Coast Guard has overall responsi- Under the current contract system a person bility for the provision of maritime Search and who enlisted in the Permanent Defence Force Rescue services within the Irish Search and Res- after 1 January 1994 is initially enlisted for a cue Region. The Air Corps had been providing period of five years in the Permanent Defence Search and Rescue (SAR) services in the North Force, and a further seven years in the Reserve West but withdrew in October 2004 following a Defence Force. handover of this role to CHCI, a private operator, At the completion of the initial five-year which also provides the service at the country’s period, the enlisted person may apply for an other SAR bases at Dublin, Shannon and Water- extension of service from five to nine years, and ford. There is no plan to reconsider the decision subsequently from nine to twelve years. to withdraw the Air Corps from the maritime On completion of twelve years service in the Search and Rescue Service. PDF, the individual may apply for re-engagement The Defence Forces are committed to provid- to complete twenty-one years PDF service. Fol- ing support to the civil authorities specifically in lowing this, they may apply for continuance in relation to Search and Rescue. In this regard, the service for two-year periods up to retirement age. Naval Service and the Air Corps will continue to Applications for extensions of service, re- provide support to the Coast Guard as the need engagement, and continuance are considered arises and within their available capacity. Air under a number of criteria, one of which is Corps pilots will continue to train in search and Military Courses completed. Under this criterion, rescue techniques and to provide a limited non- personnel who enlisted after 1 January 1994 are maritime search and rescue response. The specifi- required to have completed all courses that would cation for the new helicopters being acquired for be needed in order to qualify for promotion to the Air Corps includes a search and rescue the rank of sergeant, or be serving in that higher capability. rank, in order to qualify for continuance in Search and rescue capability requires a wide service after 21 years. range of available skills, such as piloting, winch- Personnel who enlisted after 17 February 2006 ing, medical, vessel crewing and radar. I am are also required to have successfully completed advised by the military authorities that the avail- all courses needed to qualify them for promotion ability of these skills within the Defence Forces is to the rank of corporal for re-engagement. Alter- sufficient to meet their continuing commitments natively, such personnel may be serving as tech- in this area. nician grade 3 or higher to qualify for re- The White Paper on Defence of February 2000 engagement. sets out a figure of 10,500 personnel for the Per- manent Defence Force all ranks comprising 930 Question No. 25 answered with Question for the Air Corps, 1,444 for the Naval Service and No. 6. 8,426 for the Army. There are no proposals to increase the strength of the Permanent Defence Overseas Missions. Force above the White Paper figure of 10,500. Recruitment into the Permanent Defence Force 26. Mr. P. Breen asked the Minister for will continue to maintain the strength at the Defence the role his Department will play in the approved level. new Rapid Reaction Humanitarian Force as out- lined in the White Paper on Development Aid; and if he will make a statement on the matter. Defence Forces Recruitment. [38147/06] 24. Mr. Connaughton asked the Minister for Defence the career path a recruit who joins the Minister for Defence (Mr. O’Dea): The Defence Forces can take; the length of time they Government’s recently published White Paper on can remain in the Defence Forces as a three star Irish Aid provides for the creation of Ireland’s private, a corporal and a sergeant; and if he will own specific operational capabilities in make a statement on the matter. [38201/06] responding to humanitarian emergencies: the Rapid Response Initiative (RRI). Minister for Defence (Mr. O’Dea): Defence The three main components of the initiative Force Regulations provide that a person who are the pre-positioning and transportation of enlisted in the Permanent Defence Force before material humanitarian supplies to disaster 1 January 1994 may be permitted to continue in locations; the creation of a register of highly service up to the age of sixty years. A person who skilled and experienced individuals for deploy- enlisted in the Permanent Defence Force on or ment with international agencies at short notice; 1503 Questions— 16 November 2006. Written Answers 1504

[Mr. O’Dea.] Minister for Defence (Mr. O’Dea): I propose and an overall enhancement of our support to to take Questions Nos. 27, 44 and 66 together. international humanitarian response agencies Entry to the Permanent Defence Force is and mechanisms. either through the Cadetship Competition, The Department of Foreign Affairs is working Apprenticeship Competition, General Service closely on this initiative with other Departments Enlistment or Direct Entry Competitions which including my Department. In this regard a are held to fill vacancies in specialist appoint- number of meetings have been held between ments. All applicants for each of these entry stre- officials from my Department and from the ams are required to meet qualifying criteria. Department of Foreign Affairs over the last year. The question of the recruitment of foreign- These meetings have focused on assistance my nationals to the Defence Forces is not a new one Department/Defence Forces may be able to and Defence Force Regulations have always provide in relation to the development of the allowed for the recruitment of foreign-nationals RRI with particular reference to the first two pil- to the Defence Forces. lars and considerable progress has been made. The operational requirements of An Garda In relation specifically to the second element of Sı´ocha´na and the Defence Forces are not directly this initiative — that is, the creation of a register comparable. My Department is not specifically of skilled and experienced individuals ready for targeting the recruitment of ethnic minorities for rapid deployment — through working closely the Defence Forces at present. Currently my with my Department and others, the Department emphasis is on ensuring that there are no barriers of Foreign Affairs believes that the initiative will to ethnic minorities or foreign nationals joining enable the release of key skilled people to take the Defence Forces. part in emergency teams deployed to make rapid As you are aware, I have made changes to the needs assessments and assist in the coordination Cadet competition to broaden the entry criteria of relief. It is hoped that Ireland can help bridge thereby making it easier for qualifying foreign some of the gaps in certain key sectors in order to nationals to apply for cadetships. fill particular gaps in capacity in the international In addition, the Defence Forces Equality Policy community’s humanitarian response. underpins equality legislation and states that; In addition the White Paper on Irish Aid also • The Defence Forces are committed to the provides for the establishment of a Volunteer principles of equal opportunities in all Corps Unit within the Department of Foreign employment policies, procedures and Affairs to harness the strong volunteer spirit, regulations. which exists across the country in support of over- • The Defence Forces will operate in an seas development activities. I am informed by my environment without discrimination in colleague, Mr. Dermot Ahern, T.D., Minister for areas as provided by the Equality Acts. Foreign Affairs, that his Department is to open an Irish Aid Volunteering Centre in Dublin in • The Defence Forces will ensure that the early 2007. This centre will provide information, principles of employment equality are support and advice to those wishing to volunteer. employed in recruitment, promotion, train- ing and work experience. • All regulations and Administrative Instruc- Defence Forces Recruitment. tions concerning service in the Defence 27. Mr. Carey asked the Minister for Defence Forces shall be set out in a manner consist- the number of non-nationals who have enlisted in ent with this policy of equal opportunity. the Permanent Defence Forces, by reference to • This policy will be reviewed along with the nationalities, ages and gender, in 2005 and in 2006 Defence Force regulations on an ongoing to date; and if he will make a statement on the basis by the Deputy Chief of Staff matter. [38061/06] (Support) to ensure compliance with best practice and to maintain a working envir- 44. Mr. Ferris asked the Minister for Defence onment that treats all members of the if his attention has been drawn to the recent Defence Forces in a manner consistent with initiatives by An Garda Sı´ocha´na to attract equal opportunities. members of ethnic minority communities to the The primary focus in recruitment is to attract force; and if he has taken similar initiative in people with the core competencies required by relation to the Defence Forces. [38175/06] the Defence Forces. My Department and the Defence Forces are 66. Mr. Howlin asked the Minister for Defence fully committed to ensuring that all (and that the number of immigrants who have been includes ethnic minorities and foreign-nationals) recruited into the Defence Forces in each of the who wish to do so are given the opportunity to past ten years; the measures he has taken to facili- join the Defence Forces. In terms of statistics, it tate the recruitment of immigrants; and if he will is not the Defence Forces approach to categorise make a statement on the matter. [38191/06] personnel by nationality or place of birth. 1505 Questions— 16 November 2006. Written Answers 1506

Defence Forces Strength. recruitment to the Defence Forces and the Defence Forces continue to have a proactive 28. Ms McManus asked the Minister for approach to all aspects of recruiting. Recruitment Defence the maximum strength proposed for the into the Permanent Defence Force will continue Defence Forces in the White Paper on Defence; to maintain the strength at the level set out in the when he proposes to reach it; and if he will make White Paper as required to meet military needs. a statement on the matter. [38186/06] The strength of the Defence Forces as at 31 December in the years 2003, 2004 and 2005 47. Mr. Durkan asked the Minister for Defence respectively was 10,498, 10,551 and 10,446. if it is intended to increase the strength of the The strength of the Permanent Defence Force Permanent Defence Forces, Army, Navy and Air on 31 October 2006, as advised by the military Corp; and if he will make a statement on the authorities was 10,357. A detailed breakdown of matter. [38180/06] the numbers in the Army, Naval Service and Air Corps by rank is in the form of a Tabular State- ment which I propose to circulate with the Minister for Defence (Mr. O’Dea): I propose Official Report. to take Questions Nos. 28 and 47 together. There is a planned total intake of 255 personnel The White Paper on Defence of February 2000 (Cadets, Apprentices & General Enlistment) set out a figure of 10,500 personnel for the Per- before the end of 2006, with an expected outflow manent Defence Force, comprising 930 for the of 150 personnel in the same period. Recruit Air Corps, 1,144 for the Naval Service and 8,426 intake will be finalised in December 2006 to for the Army. It is my intention to maintain the ensure that the annualised monthly average established Government policy of ongoing strength is at or around 10,500.

Lt Maj Brig Col Lt Comdt Capt Lt Total SM BQMS CS CQMS SGTS CPLS Total PTES Cadets Total Gen Gen Gen Col Offrs NCOS

Army 1 2 6 39 127 324 301 270 1,070 34 37 135 241 1,029 1,561 3,037 4,247 40 8,394 Air Corps 0 0 1 2 14 30 45 44 136 7 3 52 14 130 185 391 325 26 878 Naval 0 0 1 2 12 46 47 50 158 6 7 77 16 205 197 508 403 16 1,085 Service = Lt Gen Lieutenant General Lt Col = Lieutenant Colonel = SM Sergeant Major SGTS = Sergeants = Maj Gen Major General Comdt = Commandant = BQMS Battalion Quartermaster Sergeant CPLS = Corporals = Brig Gen Brigadier General Capt = Captain = CS Company Sergeant NCOS = Non Commissioned Officers = Col Colonel Lt = Lieutenant = CQMS Company Quartermaster Sergeant PTES = Privates strength at the level set out in the White Paper Question No. 29 answered with Question as required to meet military needs. The Defence No. 22. Forces continue to have a proactive approach to all aspects of recruiting. 30. Mr. Rabbitte asked the Minister for The Defence Forces manage recruit intakes to Defence if he proposes to restore the 250 training keep its annualised monthly average strength at appointments granted to the Defence Forces in or around 10,500. The strength of the Defence the White Paper on Defence; and if he will make Forces as at 31 December in the years 2003, 2004 a statement on the matter. [38185/06] and 2005 respectively was 10,498, 10,551 and 10,446. Minister for Defence (Mr. O’Dea): The White Paper on Defence set the strength of the Perma- Question No. 31 answered with Question nent Defence Force at 10,500. It also provided No. 12. that the Chief of Staff could maintain an additional 250 in training at any one time. This Overseas Missions. latter provision was withdrawn in 2003 as part of the Government Decision on managing public 32. Mr. Costello asked the Minister for service numbers and there are no plans to Defence if members of the Defence forces are restore it. involved in training for EU Battle Groups; and if The strength of the Permanent Defence Force he will make a statement on the matter. on 30 September 2006, the latest date for which [38182/06] detailed figures are available, as advised by the military authorities was 10,383. 60. Mr. Durkan asked the Minister for Defence It is my intention to maintain the established the extent to which Ireland’s participation in EU Government policy of ongoing recruitment to the battle groups has progressed; and if he will make Defence Forces. Recruitment into the Permanent a statement on the matter. [38181/06] Defence Force will continue to maintain the 1507 Questions— 16 November 2006. Written Answers 1508

70. Mr. Boyle asked the Minister for Defence posal and Improvised Explosive Device Disposal. the progress in Ireland joining the Nordic EU EOD relates to normal type munitions whereas Battle group; and if he will make a statement on IEDD generally refers to devices devised by ter- the matter. [38110/06] rorist groups, such as car bombs etc.) The total number of Defence Forces personnel involved is 232. Mr. Durkan asked the Minister for expected to be somewhere between 80 and 100. Defence if he has received indications from his This level of commitment will only arise should EU colleagues in regard to the future partici- the Battle group be called on to undertake an pation of Irish troops in EU battle groups or operation. The number of personnel involved rapid response forces; and if he will make a state- operationally during the standby period, where ment on the matter. [38438/06] the Battle group has not been mobilised to under- take an operation, will be of the order of 10 per- 233. Mr. Durkan asked the Minister for sonnel. Any contribution to a Battle group will Defence the extent to which members of the be met within the context of the overall ceiling of Army, Navy or Air Corp have participated in 850 personnel serving overseas at any one time training along with other EU forces in prep- set in the White Paper on Defence and will have aration for participation in rapid response forces; no adverse impact on our existing peace support and if he will make a statement on the matter. operations. [38439/06] Most Battle group training will take place in the contributing member States — i.e. Irish 234. Mr. Durkan asked the Minister for troops will mainly be trained in Ireland. That Defence the number of Irish troops expected to said, some level of joint training with other Battle participate in EU battle groups; and if he will group elements will be required. It is planned that make a statement on the matter. [38440/06] joint training of the Nordic Battle group elements, including field manoeuvres, will take Minister for Defence (Mr. O’Dea): I propose place in Sweden in September/October 2007 for to take Questions Nos. 32, 60, 70, 232 to 234, a period of approximately 3 to 4 weeks. Sweden, inclusive, together. on behalf of the other participating States, has On 24 January 2006, the Government, in an accepted that there will be no joint training exer- informal decision, agreed that the Minister for cises in Ireland. Defence could enter into discussions with Sweden Irrespective of our participation in the Nordic and other like-minded nations in relation to Battle group in 2008, possible participation in Ireland’s contribution to EU Battle groups. Rep- future Battle groups with other EU partners is resentatives from the Departments of Defence also under active consideration. In this regard, it and Foreign Affairs and the Defence Forces have is proposed to have further discussions with other met with their Swedish counterparts on a number member States over the coming months, in part- of occasions to discuss possible participation by icular, with Finland and Austria with whom we the Defence Forces in the Nordic Battle group. have had some initial informal exploratory dis- Following discussions with Sweden, which is the cussions. framework nation for the Nordic Battle group, Sweden on behalf of the Nordic Battle group Question No. 33 answered with Question advised that it will welcome a contribution from No. 11. Ireland, subject to Ireland’s agreement to sign the Memorandum of Understanding (MoU) for the Defence Forces Pay. Nordic Battle group, without amendment. The 34. Mr. Sargent asked the Minister for Defence MoU is an agreement between the participants the pay scales for members of the Defence comprising the Nordic Battle group, namely Forces; and Ireland’s ranking in terms of army Sweden, Norway, Finland and Estonia, which sets pay in the EU; and if he will make a statement out principles in relation the operation, deploy- on the matter. [38117/06] ment and management of the Nordic Battle group. Minister for Defence (Mr. O’Dea): The current At the Government meeting of 14 November, rates of pay and allowances for members of the approval was given to provide a contingent of the Defence Forces can be found on my Departments Permanent Defence Forces to participate in the website at www.defence.ie. I propose to circulate Nordic Battle group and for the Minister for with the Official Report a tabular statement set- Foreign Affairs to sign the MoU for the Nordic ting out the details as requested. Battle group, subject to the approval of Da´il A wide range of different rates of pay for E´ ireann. military personnel can be found across the Euro- The proposed Defence Forces contribution will pean Union. This reflects the enormous differ- involve an EOD/IEDD contingent with its own ences in development levels and labour market security detail, together with staff posts at the conditions between member States. The differing Operational and Force headquarters. rates are also influenced by such matters as the (EOD/IEDD means Explosive Ordnance Dis- conditions of entry, terms of service, workloads, 1509 Questions— 16 November 2006. Written Answers 1510 taskings, superannuation provisions and the tax- Lieutenant Colonel (and equivalents) ation and social welfare regimes that apply in the various EU countries. In addition, the nature of Year Army Air Corps Naval Total Service national defence organisations themselves is quite varied. 2012 19 2 2 23 Rates of remuneration and conditions of 2013 11 1 1 13 employment in the Irish public sector are never 2014 15 2 1 18 set by reference to those obtaining in another EU member State. What is much more relevant is a 2015 6 Nil 2 8 comparison of the relative levels of pay across the 2016 3 3 2 8 various sectors of the Irish public sector and private sector. Commandant (and equivalents) In this regard, the pay of Defence Forces per- sonnel has benefited from national pay agree- Year Army Air Corps Naval Total ments and from benchmarking against the private Service sector. As you may be aware there is a bench- marking process currently underway with a 2012 22 1 2 25 report due in 2007. 2013 21 2 1 24 2014 21 1 1 23 Defence Forces Retirement Scheme. 2015 16 Nil 4 20 2016 12 1 2 15 35. Mr. McCormack asked the Minister for Defence the number of Commandants and Lieutenant Colonels due to retire on age grounds Defence Forces Property. for each year from 2012 to 2016; and if he will make a statement on the matter. [38200/06] 36. Mr. Penrose asked the Minister for Defence the location of the firing ranges and training grounds located throughout the country; the pre- Minister for Defence (Mr. O’Dea): The cautionary mechanisms in place to protect the number of Commandants and Lieutenant Defence Forces and civilians from injury during Colonels due to retire on age grounds for each training and manoeuvres; and if he will make a year from 2012 to 2016, as advised by the military statement on the matter. [38194/06] authorities, is provided in the following Tabular Statement. These figures are based on retirement Minister for Defence (Mr. O’Dea): The infor- age in current rank. mation sought by the Deputy is set out in the fol- lowing table:

Location Ranges

2 Eastern Brigade Kilbride Kilpeddar Range Gormanston Red Barns Range Dundalk

1 Southern Brigade Kilworth Kilcoran County Tipperary Bere Island Barnane Ballymullen County Laois Ballywilliam County Wexford

4 Western Brigade Carnagh Rifle Range Oranmore Rifle Range Cushla Connolly Barracks, Longford Custume Barracks, Athlone Du´ nUı´ Mhaoilı´osa, Galway Finner Camp Columb Barrack, Mullingar Rockhill House, Donegal 1511 Questions— 16 November 2006. Written Answers 1512

[Mr. O’Dea.]

Location Ranges

Grenade Ranges: Athlone Galway Finner

Defence Forces Training Centre Glen of Imaal Curragh No. 1 Range Curragh No. 2 Range Curragh No. 3 Range Curragh No. 4 Range Grenade Range Hare Park Demolition Ground

Training Areas 2 Eastern Brigade Kilbride Gormanston Camp

1 Southern Brigade Kilworth Bere Island Fort Davis Ballydunlea Kinnity Sliabh Blooms

4 Western Brigade Carnagh Finner

Defence Forces Training Centre Curragh Camp/Curragh Plains Glen of Imaal Maddens Town Wood County Kildare

There is a range of safety precautions in place of paramount importance to the Department of designed to prevent injury to military or civilian Defence and safety precautions are kept under personnel during a training exercise. Prior to any review in order to achieve that objective. training exercise a comprehensive risk assessment for each aspect of the exercise is carried out and Military Archives. all necessary precautions are taken to address each of the risks highlighted. Each military firing 37. Mr. P. Breen asked the Minister for range also has a set of range orders, which outline Defence the position in relation to the develop- all required precautions that must be observed ment of the military archives; and if he will make during a training event. All personnel involved in a statement on the matter. [38149/06] the exercise are issued with appropriate protec- tive equipment for the taskings included in the Minister for Defence (Mr. O’Dea): The exercise. Medical personnel and military police military authorities advise that at present the staff are also assigned as appropriate. strength of the Military Archives is three (3), Arrangements in regard to safeguarding comprising of two (2) commissioned officers and members of the public during military training one (1) Private. The military authorities advise exercises include, where appropriate, the prior me that a strength of five (5), including suitably notification of a scheduled exercise to the Garda qualified replacements for two (2) officers who Sı´ocha´na in the area and the local community in have retired and who previously also worked in the immediate vicinity of the exercise. Warning the Archives, is sufficient to meet the current Signs are displayed on all major roads in the area demands on the Military Archives. I appreciate and sentries are placed on approach roads to the the importance of returning to five (5) full-time exercise area. Warning flags and flashing lights equivalent staff in the military archives without are also displayed to further indicate the presence delay. of exercise troops in an area. In certain cases noti- The requirement for a more suitable home for fications are advertised in the local and national the Military Archives has been recognised for press prior to the exercise taking place. some time. The primary focus has so far been on The safety of personnel, both military and civ- the National Museum of Ireland facility at the ilian, during Defence Forces training exercises is former Collins Barracks Dublin, long considered 1513 Questions— 16 November 2006. Written Answers 1514 as the most appropriate location for the Military Defence Forces Equipment. Archives. 40. Mr. Gilmore asked the Minister for Facilities are required to protect and safeguard Defence if the voluntary code of conduct drawn the material currently stored and to provide for up by the European Defence Agency to encour- the deposition of future material, as well as per- age competition in the European defence equip- mitting easy public access. An Inter Departmen- ment market has been accepted by all EU coun- tal Committee was established in early 2003 with tries; if the adoption of the code has brought terms of reference to examine and to advise on about reductions in Irish Defence Forces equip- the best means of protecting and safeguarding the ment costs; and if he will make a statement on Military Archives by way of securing their the matter. [38193/06] removal from Cathal Brugha Barracks to new premises to be developed at the former Collins Minister for Defence (Mr. O’Dea): At the Barracks Dublin. meeting of the European Defence Agency The Inter Departmental Committee focussed Steering Board on 21 November 2005, agreement on feasibility studies based on a detailed examin- was reached on the voluntary code of conduct, ation of various locations around and within the the aim of which is to encourage greater compe- Collins Barracks site. These studies were carried tition in the European Defence Market. The vol- out up to early 2005 by a firm of architectural untary Code of Conduct seeks to eliminate or consultants engaged through the Office of Public reduce the level of recourse to Article 296 of the Works. Treaty, which enables member States avoid the The consultants identified potential locations normal open tendering arrangements, where Defence Equipment is involved. within the Collins Barracks site. However, these The Code of Conduct was introduced for sub- feasibility studies also raised serious issues scribing Member States on 1 July 2006. Of the 24 around the cost, planning and building/ architec- Member States, participating in the Agency, 22 tural protection considerations involved in meet- have agreed to implement the Code (Spain and ing the demands of the Military Archives on the Hungary have opted out). While Ireland is not a Collins Barracks site. The implications of the major consumer of defence equipment in relative serious questions raised about the location of the terms, it is expected that adoption of the Code of full Military Archives on this site are being exam- Conduct may lead to greater competition and ined in my Department. lower costs generally in the defence equipment Particular challenges and difficulties in re-hous- market. ing the Military Archives at Collins Barracks As adoption of the Code of Conduct is still in would be posed by the provision of extensive the early stages, the full effect has yet to be seen modern purpose-built facilities within the restric- in terms of reductions in equipment costs. Since tions of an historic built environment. Consider- adoption of the Code of Conduct in July of this ation of some usage of the Collins Barracks site year, there has been no significant procurement has not been exhausted. However, I have asked undertaken by the Defence Forces as most of our the Interdepartmental Committee to extend its procurement is undertaken in the first half of the search beyond Collins Barracks and to revert to financial year. In due course it is hoped that the me with options. I have also requested that any effect of the Code of Conduct would be to deliver scope for locating the Military Archives together improved efficiency and value for money in terms with or alongside the National Archives continue of our investment in defensive equipment for the to be explored in line with that body’s own Defence Forces. development plans. Hearing Impairment Claims. Decentralisation Programme. 41. Mr. Carey asked the Minister for Defence 38. Mr. Hayes asked the Minister for Defence the number of queries he has received from the position in relation to the decentralisation of former and serving members of the Defence the Civil Defence; and if he will make a statement Forces who had pursued hearing loss claims and on the matter. [38139/06] were now claiming to have been overcharged by their solicitors; the assistance his Department has Minister for Defence (Mr. O’Dea): The decen- afforded to them; and if he will make a statement on the matter. [38062/06] tralisation of the Civil Defence Board is now complete. I had the pleasure of opening the Minister for Defence (Mr. O’Dea): Since Board’s new purpose built offices in Benamore, October 2005, 183 enquiries have been received Roscrea, Co. Tipperary on the 12th of by my Department from Plaintiffs regarding the September 2006. fees paid to solicitors in respect of Army Deaf- ness cases. Generally these queries refer to the Question No. 39 answered with Question amount of the award or settlement and the costs No. 6. paid. 1515 Questions— 16 November 2006. Written Answers 1516

[Mr. O’Dea.] complaint is made does not in itself mean that As a matter of course, my Department advises overcharging occurred. Each case must be exam- the individual in such cases of the amount of the ined individually and in accordance with the rel- settlement or award, and the date on which pay- evant statutory provisions. ment issued. In addition, the amount paid by the The Society assured me that there was certainly State in respect of Plaintiff costs, and the date of no lack of will on its part to investigate such com- such payment, are also advised. plaints in accordance with its statutory powers In responding to enquiries from Plaintiffs, they and the principles of natural justice and fair pro- are also advised that they are entitled to obtain cedures. The Society also indicated that any client details of the costs in their case from their solici- who expresses dissatisfaction with the manner in tor under the provisions of Section 68, subsection which their complaint has been handled by the 6 of the Solicitors (Amendment) Act, 1994. These Society, is advised of their entitlement to refer provisions oblige a legal representative to provide the matter to the Independent Adjudicator of the a summary of the legal services provided and the Law Society for independent review. In addition, amount of expenses incurred in the provision of it is open to any client to make their complaint these legal services as well as details of all charges directly to the Solicitors Disciplinary Tribunal, that have been recovered. We also advise them which is the forum to which the Society would that the Law Society of Ireland is the statutory refer any matter it considers discloses pro- body entrusted with responsibility to investigate fessional misconduct. complaints against solicitors by any client and that the Law Society has procedures in place in Question No. 42 answered with Question this regard. No. 6. I wrote to the Law Society of Ireland at the time of the initial queries regarding solicitors’ Defence Forces Equipment. charges in Army hearing loss litigation. In my let- ter, I asked the Law Society what plans they had 43. Mr. O’Connor asked the Minister for to deal with any complaints regarding charging by Defence the way his Department disposes of old, solicitors in these cases. The Law Society clarified non military, Defence Force equipment; if there that it was the Statutory Body responsible for are procedures for making redundant vehicles dealing with such complaints and that it had pro- such as vans and trucks available to charitable or cedures in place in this regard. The Society has community groups; and if he will make a state- power to order a solicitor to repay any excessive ment on the matter. [38052/06] amount charged and is anxious to investigate any complaints made against solicitors. Minister for Defence (Mr. O’Dea): It is not I wrote again to the Law Society in June 2006 generally the practice to sell defensive equip- expressing my disappointment with the situation ment. Such equipment is normally scrapped when whereby a number of complainants have appar- it is considered to be defunct. ently been advised that the Law Society cannot However, there are a number of categories of pursue the matter on the grounds that the bill equipment that are disposed of. The main cate- concerned is over five years old, despite the fact gory relates to military vehicles. Military vehicles that the complainants have only recently become undergo regular maintenance and overhauls to aware of the potential overcharging. The Law ensure that they are roadworthy and provide Society indicated in its response, that it unre- value for money service. When, having regard to servedly condemns any misconduct by a solicitor age, condition and mileage, vehicles are con- in overcharging a client. The Society pointed out sidered by military transport personnel to have that the lapse of time since many of the cases reached the end of their economic life, they are were settled posed major difficulties for its invest- proposed for disposal. Before the disposal action igative powers. The relevant Law Society Solici- can be commenced, each vehicle requires examin- tors’ Accounts Regulations require solicitors to ation and certification by a Military Board of Sur- maintain accounts, including original files, for a vey. A procedure has been adopted in recent period of six years following conclusion of a case. years whereby all military vehicles are disposed In a great many of the cases the subject of these of by public auction with due cognisance given to complaints, the Society has been informed that, the age, condition and mileage of the vehicles and as cases were concluded more than six years ago, their suitability for sale in that manner. the solicitors’ files, including the documentation Tender competitions are held with regard to necessary to answer the complaint, have been the disposal of items such as empty Brass Car- destroyed. In such circumstances, the argument tridges and used tyres. The main prerogative here has been made that it would be contrary to for the Department is that tenderers comply with natural justice and fair procedures to proceed all legislative requirements for the disposal of with investigations where the solicitor com- such goods following which the goods are sold to plained of did not have access to the docu- the highest bidder. In the case of tyres, the mentation necessary to answer a complaint. The Department now pays for the disposal of such Society also made the point that the fact that a used tyres. 1517 Questions— 16 November 2006. Written Answers 1518

Occasionally, a major asset (s), which has are placed in newspapers warning of the dangers reached the end of its economic working life, is that may be encountered in the area. sold off by public tender. An example is the sale of the Naval Ship, LE Deirdre, which was sold Departmental Property. for \270,000 in June 2001. My Department is cur- rently disposing of six Marchetti aircraft, four 49. Mr. Sargent asked the Minister for Defence Dauphin helicopters and one Gazelle. the number of people residing at Cathal Brugha From time to time charitable organisations barracks, Rathmines; his plans to sell off sections approach the Department requesting that an of the land there; and if he will make a statement obsolete vehicle, such as an old ambulance or on the matter. [38118/06] minibus, be donated to them. Such requests are considered on their own merit. Registered Chari- Minister for Defence (Mr. O’Dea): Accom- table Organisations are assisted when possible, modation in Cathal Brugha Barracks includes allowing for the fact they would not be in a finan- officers married quarters, single living in and low cial position to purchase such a vehicle. density accommodation for officers and other ranks personnel and billet accommodation used Question No. 44 answered with Question for transit and short term stays for courses etc. No. 27. There is in the region of 350 personnel accommo- dated at present. In addition, there are twelve Question No. 45 answered with Question other ranks married quarters located outside No. 8. Cathal Brugha Barracks, eleven of which are presently occupied. Since 1988 it has been the policy of my Department to sell off married quar- Defence Forces Property. ters located outside of barracks. In 1997 these 46. Mr. Kehoe asked the Minister for Defence married quarters were offered for sale to the the position in relation to Wexford military bar- occupants. There are a number of layout and racks; his plans to develop same; and if he will structural design issues associated with them, make a statement on the matter. [38134/06] especially common shared elements viz., water- pipes, services, access to attics, common green Minister for Defence (Mr. O’Dea): Wexford areas, etc. All twelve quarters must be sold in Military Barracks stands on approximately one view of the shared services design. At that time it acre. There are currently no plans for any major was made known that the quarters would only be works at the property, which will continue in use sold if all of the occupants agreed to purchase. as the HQ of the 33rd Battalion RDF. The Chief State Solicitor’s Office advised that the Department would not be under any legal obli- Question No. 47 answered with Question gation to accept any offers from any of the other No. 28. occupants in the event of one or more of the occupants not proceeding to purchase. My Health and Safety Regulations. Department is continuing to explore possible solutions. 48. Dr. Twomey asked the Minister for As you are aware, the Government, on 15th Defence the plans he has to upgrade the infor- July 1998, approved a programme of evacuation mation and warning signage in the vicinity of the and sale of six barracks considered surplus to Glen of Imaal firing range, County Wicklow; and military requirements. The barracks in question if he will make a statement on the matter. were located at Ballincollig, Fermoy, Castle- [38137/06] blayney, Naas, Kildare and Islandbridge, Dublin. The Government subsequently decided on 1 July Minister for Defence (Mr. O’Dea): The safety 2003 that Magee Barracks, Kildare would be of individuals visiting areas such as the Glen of among the State lands released for inclusion in Imaal is of paramount importance to the Depart- the Sustaining Progress Affordable Housing ment of Defence and the design and location of Initiative. There are no plans to sell Cathal information and warning notices is kept under Brugha Barracks. review in order to achieve that objective. An explanatory leaflet which contains a map of the Defence Forces Reserve. Glen of Imaal and includes details of “do’s” and “dont’s” has been printed and copies have been 50. Mr. Deasy asked the Minister for Defence supplied to all Youth Hostels in the area and are if recent major exercises have been carried out by also available at the Range Warden Service the Reserve Defence Forces; and if he will make Advice Centre at Seskin School. Notices of Intent a statement on the matter. [38136/06] to Fire are posted in advance on notice boards at the Army Information and Advice Centre in Minister for Defence (Mr. O’Dea): No recent Seskin, the Post Office at Knockanarrigan, and at major exercises have been carried out by the local Youth Hostels. In addition, in the period Reserve Defence Force. The White Paper on prior to Bank Holiday Weekends advertisements Defence outlines the blue print for a new Reserve 1519 Questions— 16 November 2006. Written Answers 1520

[Mr. O’Dea.] work involves the Department of Defence includ- Defence Force which will have a clearly defined ing military management and the Representative role, an enhanced relationship with the PDF, Associations. A revised concept document on the better equipment and training and opportunities provision of medical services and a patients char- to serve on overseas peace support missions. ter are being prepared. There will be a greater The Reserve Defence Force Review Imple- emphasis on the direct provision of medical mentation Plan, which was formally launched in services and improvements in the maintenance July 2004, is progressing on schedule. This plan and tracking of patients’ records and treatment provides for the phased enhancement of Reserve through computerisation. In the context of the capabilities over the period to end 2009. To date Modernisation agenda arising under “Towards the Reserve has been reorganised along similar 2016” it is also intended to review the sick leave lines to the Permanent Defence Force with three arrangements for personnel of the Defence Brigades, a Reserve Defence Force Training Forces. Authority located in the Defence Forces Training The work outlined above will assist the Chief Centre in the Curragh and a dedicated Naval of Staff, the Medical Corps and local commanders Service Reserve. These new organisational struc- in their efforts to minimise the instances of sick tures were introduced on 1st October 2005. In leave of the Defence Forces and to maintain the addition to the reorganisation, the Reserve has general health of the Defence Forces. seen significant improvements in clothing, equip- ment and enhanced training opportunities. Military Discipline. The development of the integrated element of the Reserve is currently being progressed and it 52. Mr. Rabbitte asked the Minister for is planned to introduce elements of the integrated Defence the scheme of military discipline in the Reserve, on a pilot basis, in 2007. This element Defence Forces; if his attention has been drawn of the Reserve will provide personnel who will to the fact that PDFORRA believes that its integrate with PDF units in contingency officials have been victimised by improper use of situations. The Integrated Reserve will be pro- such military discipline; and if he will make a vided with enhanced military training and PDF statement on the matter. [38184/06] unit commanders will be responsible for the train- ing of such Reserve personnel. Minister for Defence (Mr. O’Dea): Military law, including military discipline, is prescribed in the Defence Act, 1954 and in Defence Force Army Medical Corps. Regulations made pursuant to various provisions 51. Mr. Crowe asked the Minister for Defence of the Defence Act. if it is correct that the Defence Forces have less PDFORRA has submitted a claim under the than half the number of serving doctors that it Conciliation and Arbitration Scheme for the Per- should have; the reason for same; and the steps manent Defence Force in relation to alleged dis- he is taking to address it. [38177/06] advantage and discrimination against elected rep- resentatives. By agreement with the Association, Minister for Defence (Mr. O’Dea): There is a discussions under the Scheme are confidential to shortage of medical officers (Doctors) in the the parties involved and it would not therefore be Medical Corps. The establishment for Medical appropriate for me to comment on this part- Officers is 47 and the current strength if 23, of icular issue. whom 12 are functioning in front line clinical I would however like to emphasise that alle- duties in Ireland amongst Brigades and forma- gations of this nature in the Defence Forces are tions. The services of civilian medical prac- treated with the utmost seriousness and there are titioners are regularly engaged to ensure that the extensive and robust complaints and grievance primary health care requirements arising in bar- procedures processes in place to protect the rights racks are met. However, the shortage of dedi- of all Defence Forces personnel, including cated doctors impacts on overall management PDFORRA officials. and control, both at the level of local units and nationally in the Medical Corps. Health and Safety Regulations. Efforts are ongoing to address the shortage of Medical Officers (Doctors) in the Medical Corps. 53. Mr. Gogarty asked the Minister for A recruitment campaign for Doctors is currently Defence if Irish troops returning from duty in the under way. This campaign follows on from a Balkans are still being tested for the effects of recent decision to significantly increase the pay of radiation from depleted uranium used in anti- Doctors and Dentists in the Medical Corps, link- tank shells during the Balkan conflict; the results ing them to the pay of public health doctors and of previous testing; and if he will make a state- dentists. ment on the matter. [38113/06] A review of the provision of medical services in the Defence Forces initiated as part of the Minister for Defence (Mr. O’Dea): Surveys Modernisation Agenda under Sustaining Progress were conducted by the Defence Forces in the Bal- has delivered improvements in this area. This kans in 2001. These surveys demonstrated that 1521 Questions— 16 November 2006. Written Answers 1522 there was no increase in the background radiation made within the military system under Section levels in the work environment of the Defence 114 of the Defence Act 1954, as now amended Forces in the Balkans. by the Ombudsman (Defence Forces) Act 2004, A policy of conducting biochemical, haematol- seeking redress of wrongs. Those redress com- ogical and urinalysis tests as part of the in-theatre plainants, whose complaints relate to matters pre-repatriation medical examination of troops occurring on or after 1st December 2005, are eli- serving in the Balkans and Kuwait was initiated gible to refer their complaint to the Ombudsman in February 2001. The results of these tests have if a complainant so desires. I am advised by the not demonstrated any variance from the normal Military Authorities that there are some 72 com- pattern and range of findings in similar military plaints in this category, of which 21 have been populations in Ireland and in 2006 were discon- referred to the Ombudsman so far. tinued as part of the routine pre-repatriation The Ombudsman for the Defence Forces is, in medical examinations. accordance with the Act, independent in the per- However, tests similar to those previously con- formance of her duties. She is required to report ducted with the Balkans pre-repatriation medical annually to the Da´il. In these circumstances, I do examinations are conducted as part of the Annual not consider it appropriate for me to report on Medical examination which each member of the her behalf or to give details in relation to her Defence Forces is required to undergo for the reports on individual cases, complaints already purpose of health review and medical clas- submitted to the Office of the Ombudsman, the sification. status of those complaints, or the current treat- ment of those cases by the Ombudsman. Defence Forces Ombudsman. I am happy to inform the Deputy that the primary focus in these cases to date has been on 54. Mr. Howlin asked the Minister for Defence selection for promotion, selection for military the number of complaints received by the career courses and selection for overseas service. Ombudsman for the Defence Forces since the I can also indicate that the reports of the office was established by law in 2004; the various Ombudsman for the Defence Forces have made categories of complaint; the number of com- a valuable contribution to the ongoing updating plaints processed to completion; the number of of selection procedures in these three areas. complaints outstanding; and if he will make a statement on the matter. [38190/06] Defence Forces Equipment. Minister for Defence (Mr. O’Dea): The Office 55. Ms McManus asked the Minister for of the Ombudsman for the Defence Forces was Defence his proposals for developing the Irish established under the Ombudsman (Defence Defence Forces into a modern light infantry Forces) Act 2004. On the 19th September 2005, force; the military equipment which has been Ms Paulyn Marrinan-Quinn SC was appointed by acquired since 2000; the military equipment the President, upon the recommendation of the which has been ordered; from whom the military Government, as the first Ombudsman for the equipment has been purchased; and if he will Defence Forces. make a statement on the matter. [38187/06] The function of the Ombudsman for the Defence Forces is to act as the ultimate point of Minister for Defence (Mr. O’Dea): The overall appeal for, and administrative investigation into, objective of the White Paper is to ensure that the complaints made by members (and former country has the Defence Forces it needs to meet members) of the Defence Forces against another the roles laid down by Government and that the member (or former member) of the Defence Defence Forces continues to be an organisation Forces, or against a civil servant of the Depart- in which people are proud to serve. To achieve ment of Defence. The Ombudsman for the this the White Paper set out the following broad Defence Forces may investigate a complaint in goals:- to provide a light infantry based force with respect of an action or decision, which may have an appropriate level of all-arms capability; to adversely affected the complainant personally. provide sufficient forces and capabilities to meet The action or decision complained of must have needs at home and to make a significant contri- occurred no earlier than the 1st December 2005. bution abroad; to put in place a more cohesive To date, the office of the Ombudsman has sent and better equipped force than exists at present; me some fourteen (14) reports on individual and, to provide significant additional resources cases. I have either responded to or am in the for equipment and infrastructure broadly within process of responding to the Ombudsman for the the existing level of financial allocation. Defence Forces in respect of each of these case The acquisition of new equipment and services reports. The Minister for Defence is obliged to for the Defence Forces continues to be a key inform the Ombudsman for the Defence Forces focus for me as Minister for Defence. Significant of the measures taken or proposed in response to investment has taken place in recent years and I her recommendation. will continue the good work in that regard. In I can also inform the Deputy that since 1st recent years the main focus of that investment has December 2005, some 91 complaints have been been as follows: The Defence Forces have 1523 Questions— 16 November 2006. Written Answers 1524

[Mr. O’Dea.] is in the region of \8m and full delivery is acquired a total of 65 new APCS in recent years expected by end 2006. 12,000 helmets have been from Mowag in Switzerland at a total cost of delivered. The value of the order was circa. \84m, paid over the years 1999 to 2005. Mowag \2.5m. 12,000 rucksacks have been ordered at a APCs are currently on operational duties with total cost of \3m, delivery to take place in 2007. our troops in Kosovo, Liberia and now Lebanon. To complete the modern integrated protection In December 2005, a further contract was signed and load carrying system, one other competition with Mowag for the supply in 2007 of 15 is currently in train for the acquisition of 12,000 additional Piranha Armoured Vehicles, 9 of Battle Vests used for the carriage by the individ- which will be fitted with a Kongsberg Remote ual soldier of essential items such as ammunition, Weapon Station with a 12.7mm machine gun and personal radio, water and ancillary equipment. 6 will be fitted with an Oto Melara turret armed The eight Pilatus PC-9M turbo propeller air- with a 30mm cannon. The 15 vehicles will be used craft delivered in 2004, at a total cost of \60m, mainly in the Surveillance and Reconnaissance have replaced seven Marchetti aircraft in the pilot roles on overseas missions. The contract value is training role. These eight modern aircraft allow in the region of \36.5m including VAT. A down for the continued training of young cadets to the payment in the sum of \15.1m was made under highest standards. Four utility AW 139 helicop- the contract in December 2005. Payments under ters are being acquired from Agusta S.p.A. at a the contract will extend to January 2008. The Jav- cost of \48.4m, inclusive of VAT. The four heli- elin system was acquired from Raytheon / copters are being built at the Agusta facility near Lockheed Martin via the US Foreign Military Milan, Italy. Two AW 139s will be delivered in Sales at a cost of some \13m inclusive of VAT to November 2006 and the other two will be deliv- give Defence Forces personnel an effective, anti- ered in 2007. Payments for the helicopters are armour capability while on peace support oper- spread over a number of years from 2004 to 2008. ations. The system replaced the Milan missile The first helicopter has now been handed over to system. The main delivery was made in 2005. the Department and is currently being used for A programme for the purchase of NBC equip- Air Corps pilot training in Italy. ment is ongoing over recent years. The Defence The four AW 139 helicopters will be operated Forces have available to them equipment for by the Air Corps in a general purpose military monitoring and protecting their members in deal- operational and training role. Primary taskings ing with Nuclear, Biological or Chemical (NBC) for the Utility helicopter will include training and threats. This range includes approximately 9,500 operations with Special Forces, security and aid NBC suits, 800 of which were delivered in 2006. to the civil power, military exercises, infantry Other equipment on hands includes Respirators, interoperability training and limited troop trans- Biological Agent Detector and Screening Kits, port. They will also be used to perform air ambul- Group Decontamination Equipment and Per- ance, inland Search and Rescue, aid to the civil sonal Decontamination Equipment. Over \8m community and VIP transport tasks. has been expended on this programme in recent Two light utility EC 135 helicopters have being years. acquired from Eurocopter S.A.S. at a cost of An order has been placed for the supply of \12.8m, inclusive of VAT. The two helicopters 1400 new 9mm general service pistols. The value were built at Eurocopter’s facility in Donau- of the order is in the region of \800k. It is worth, Germany. Both EC 135’s were delivered expected that the new pistols will be delivered by in the latter part of 2005 and have entered oper- the end of 2006. The pistols are carried for per- ational service. The Air Corps are operating the sonal protection on security and regimental two Light Utility helicopters primarily in the duties at home, and on overseas service. An order military pilot and aircrew-training role. Primary was placed in 2005 for the provision of 400 taskings for the helicopters will include pilot General Purpose Machine Guns for delivery late training, instructor training and instrument flight 2006. The value of the order is in the region of training. \4.379m, with a down payment of \1.447m paid In recent years, two new ships have been deliv- in 2005. Six Field Deployable Command Post ered to the Naval Service and the Service is Containers have been delivered to the Curragh operating with the recommended eight ships. LE Camp. The value of the order was almost \3m. Roisin was commissioned in December 1999 and Two of the containers have been deployed to her sister ship, LE Niamh, which replaced LE Lebanon. Integrated Protection and Load Carry- Deirdre, was commissioned in September 2001. ing System —This includes Body Armour, Hel- The total cost of the two ships was \50m. mets and Back Packs (Rucksacks). The past five years represents an investment of 8000 units of body armour for the individual more than \500 million in acquiring and support- soldier on operational duties have been ordered. ing modern equipment and services for the The new body armour provides significantly Defence Forces. In the same period there has greater protection, comfort and coverage than the been an investment of over \200 million in build- old model as well as a doubling of the range of ing and infrastructure across the Defence Forces. sizes available. The total value of the two orders All of this equipment has been acquired as a 1525 Questions— 16 November 2006. Written Answers 1526 result of tender competitions run in accordance former NCO against the Plaintiff in those part- with both nation and EU requirements. A wide icular proceedings. The alleged assaults were range of manufacturers has provided the claimed to have taken place in a time frame span- equipment. ning the period 1989 to 1995. The judgement of the High Court is awaited and I cannot comment Defence Forces Procurement. on the substance of the case in any way whatsoever. 56. Mr. Ardagh asked the Minister for Defence It should be emphasized that the statements the policy of the Defence Forces to sourcing local arose in the context of the attitudes to homosex- food produce for use in each barracks; if certain ual behaviour and to homosexuality which would supplies are purchased centrally; the Defence have been prevalent within the Defence Forces Forces food bill cost for 2005 and 2006 to date; if within the particular period of the time frame rel- the Defence Forces use foodstuffs low in fat and evant to the case and also within a wider histori- salt; if specific provisions are made for veg- cal framework dating back to the 1970s. More- etarians, vegans and personnel with religious diet- over, it should be recalled that certain acts of ary requirements; and if he will make a statement homosexual behaviour continued to constitute on the matter. [38053/06] criminal acts, potentially carrying a punishment of imprisonment in the event of conviction, until Minister for Defence (Mr. O’Dea): The posi- substantive amendment of the relevant legislation tion is that all food supplies for the Defence in 1993. Forces are procured centrally by the Food Pro- Contemporary legislation, in the form of the curement Section of the Defence Forces, who Employment Equality Acts, 1998 to 2004, pro- place contracts with suppliers in ten separate food hibits discrimination on nine specified grounds. categories e.g. Dairy Produce, Poultry Produce, One of these specified grounds is sexual orien- Pack Rations. Tender competitions are run for all tation. The Defence Forces Equality and Equal such contracts in accordance with National and Status Policy (Chapter 6.6.2) clearly prohibits dis- EU regulations. Contractors submit tenders to crimination in relation to race, gender and sex- supply food produce to barracks within their area ual orientation. of operations and contracts are awarded on the The Defence Forces are committed to identi- basis of the most economically advantageous fying and valuing difference in the staff to take tender received. account of the promotion of equality of oppor- The food bill for the Defence Forces in 2005 tunity on the grounds of race, gender, sexual \ \ was 5.9 million and to date in 2006, 4.4 million orientation, family and marital status, religious has been expended on food. These amounts belief and membership of the Traveller com- include food provisions for home and for non-UN munity. Recognising difference, naming them and overseas missions. A number of low fat and low taking account of them is part of the new culture salt food products are provided to members of of equality in the Defence Forces that is becom- the Defence Forces. ing more diversified and a society that is more Every effort is made to accommodate Defence cosmopolitan and varied. Forces personnel who have particular dietary Regulations do exist covering interpersonal requirements. The Defence Forces School of relationships of whatever nature between individ- Catering trains its chefs to facilitate such require- ual members of the Defence Forces, having ments, whether for personal, health, religious or appropriate regard, in particular, to differences in other reasons. rank. This is necessary in the context of the spec- ific nature and structure of the Defence Forces. Employment Equality. 57. Aengus O´ Snodaigh asked the Minister for Army Security Escorts. Defence his position on homosexuals serving in 58. Ms Shortall asked the Minister for Defence the Defence Forces; if his attention has been the agreement he has made with the financial drawn to claims in a court case against the State institutions regarding army escort services for the that soldiers were asked to resign if their transport of cash; the institutions that avail of the superiors became suspicious that they might be army escort service; the cost to the State; and if homosexual; and the measures he has taken to he will make a statement on the matter. ensure that members of the Defence Forces are [38197/06] treated equally regardless of gender, race or sex- ual orientation. [38179/06] Minister for Defence (Mr. O’Dea): As the Deputy may be aware, I had a number of dis- Minister for Defence (Mr. O’Dea): As the cussions with the Irish Bankers Federation (IBF) Deputy’s question notes, a number of statements in relation to this matter last year, with a view to were made in the course of a recent hearing in increasing the level of contribution by the Banks the High Court of a personal injuries claim in respect of the costs incurred by the Depart- against the State for damages, arising from ment in the provision of Cash Escorts. Following alleged sexual assaults allegedly committed by a detailed and intensive discussions between 1527 Questions— 16 November 2006. Written Answers 1528

[Mr. O’Dea.] the additional \1m making a total contribution of officials of the IBF, the member Banks and the \3.86m. A figure of \6.03 million was paid in Department, a detailed formal agreement was 2006. The amount to be paid in 2007 (costs for signed on 11 May, 2005. 2006) will not be available until early 2007. This agreement, which is for a 5 year period, Prior to this initiative it had been the case that provides that the banks will pay the total actual an annual contribution of \2.86m was being paid costs incurred by the Defence Forces in the pro- by the banks to my Department in respect of the vision of cash escorts. Costs in respect of each 12 provision of cash escorts since 1995. This figure month period to end-December, will be paid the was set by the Department of Finance in the 1995 following year on or before the 1st June. This is budget and had not been altered since. The con- to allow for the compilation of returns from the tribution from the Banks was designed to part- cover the total costs to the State of providing cash brigades and allocation of costs following the escorts. At that time, the contribution covered year-end. The first payment under the new approximately 72% of the total cost arising to the system was paid on 1 June 2006. I agreed, at the Defence Forces. Based on annual costings by the bank’s request, to defer the first payment to that Department, the relative level of the contribution date to meet the banks budgeting and account- had fallen in real terms over the years to the ing timeframe. situation where it was only covering 43% of the In return for my agreement to this deferral, a total costs. transitional payment of \1 million, payable The total cost in respect of the provision by the before the end of 2005, was negotiated as part of Defence Forces of assistance to the Garda Sı´och- the overall agreement. Therefore in 2005 the a´na in protecting movements of cash for the years banks made their annual payment of \2.86m plus 2001 to 2005 was as follows:

Year 2001 2002 2003 2004 2005

Total number of escorts 2,488 2,516 2,335 2,425 2,252 Cost of Escorts \6.57m \6.87m \6.5m \7.5m \6.03m Payment received \2.86m \2.86m \2.86m \3.86m \6.03m

Pay accounts for about 54% of the total costs of tices and to improve overall interoperability providing cash escorts. The non-pay costs include among contributors to PfP-led peace support and Security Duty Allowance (7%), Subsistence crisis management operations. The Defence (8%), Transport (28%), and Aerial Surveillance Forces are currently participating in Exercise (3%). Steadfast JAW, a combined joint task force desktop exercise which is taking place at the Overseas Missions. moment (9-22 November 2006). This exercise is designed to test and improve Headquarter capa- 59. Mr. Eamon Ryan asked the Minister for bilities to plan, prepare and establish command Defence if Irish Defence Forces intending to par- and control arrangements for the conduct of ticipate in NATO’s response force exercise in operations under a UN mandate. The Defence view of the fact that our Finnish partners in the Forces also participate in Exercise Combined EU Battlegroups intend to participate; and if he Endeavor, a yearly communication and infor- will make a statement on the matter. [38116/06] mation (CIS) interoperability exercise. In relation to our participation in EU Battle- 71. Mr. Cuffe asked the Minister for Defence groups, it is planned that joint training of the the exercises the Irish Defence Forces will be par- Nordic Battlegroup elements, including field ticipating in with NATO over the next 12 months; manoeuvres, will take place in Sweden in and if he will make a statement on the matter. September/October 2007 for a period of approxi- [38112/06] mately 3 to 4 weeks. No other joint training or field exercises by the Defence Forces, including Minister for Defence (Mr. O’Dea): I propose field exercises outside of the Battlegroup partici- to take Questions Nos. 59 and 71 together. pants is planned. Ireland does not contribute to the NATO Response Force and, as such, will not be partici- Question No. 60 answered with Question pating in the related field exercises. Ireland does No. 32. not participate in field exercises with NATO forces. However, as part of our participation in Defence Forces Property. Partnership for Peace, on occasion, Ireland par- ticipates along with other partners in NATO 61. Mr. Stagg asked the Minister for Defence organised desktop exercises. These exercises are his Department’s lands disposed of by the designed to familiarise PfP participants with Government in each of the past ten years, the NATO standard operating procedures and prac- value of each disposal; the purpose for which the 1529 Questions— 16 November 2006. Written Answers 1530 proceeds were used; if further lands have been House, Athlone was sold to the Organisation of identified for disposal; his views on investing the National Ex-servicemen and women Teoranta for proceeds of Defence Force lands in the Defence \0.254 million in 2005; In addition, in excess of Forces; and if he will make a statement on the 100 married quarters, which were located outside matter. [38188/06] of barracks, have been disposed of, realising an income of over \4 million. Minister for Defence (Mr. O’Dea): The A number of minor properties were also dis- Government, on 15 July 1998, approved a prog- posed of during the period in question. In ramme of evacuation and sale of six barracks con- addition, from time to time land at various sidered surplus to military requirements. The bar- locations has been dedicated to local authorities racks in question were located at Ballincollig, to allow for projects such as road widening or Fermoy, Castleblayney, Naas, Kildare, and realignment schemes. The sale of c. 1.7 acres at Clancy Barracks, Dublin. the former Murphy Barracks, Ballincollig, to the The sale of 97 acres approximately at Murphy HSE-South and the transfer of 27 acres at the Barracks, Ballincollig was completed in 2003 for property to Cork County Council are being pro- a total of \42 million. The bulk of the lands were gressed at present. A half acre site at the former purchased by O’Flynn Construction. The sale of Barracks has also been reserved for sale to the a site comprising c. 2.7 acres to the Southern Office of Public Works, to facilitate extension of \ Health Board for 1.73 million was completed in Ballincollig Garda Station. The legal formalities December 2004. 19.218 acres at the former for the definitive disposal of Fort Camden, Cros- Fitzgerald Camp, Fermoy, were sold to Cork shaven, Co. Cork, to Cork County Council are \ County Council in 2001 for 0.974 million for nearing conclusion. development in conjunction with the IDA. Agreement has recently been reached with Castleblayney Military Post, Co. Monaghan, Cork City Council for the sale of part of the comprising c. 10 acres, was sold to the North Camp Field, Collins Barracks to that Authority. \ Eastern Health Board for 0.762 million in 2002. The Government decided that lands at Magee 7 acres at Devoy Barracks, Naas, Co. Kildare, Barracks, Kildare, and Gormanston Camp, Co. were ceded free of charge to Naas Urban District Meath, as well as sites at St. Bricin’s Hospital, Council, while a further 14 acres were sold to that \ Dublin and Collins Barracks, Cork, would be authority for 8.888 million. The balance of the among the State lands released for inclusion in Barracks lands — one acre — was sold to Kildare the Sustaining Progress Affordable Housing County Council for \0.381 million in 2002. Clancy Initiative. As I have mentioned above, the site at Barracks, Dublin, comprising 13.65 acres approxi- St. Bricin’s Hospital has already been transferred mately, was sold to Florence Properties Ltd. for to Dublin City Council. How land at the remain- \25.4 million in 2004. ing locations might play a role in the delivery of The Government agreed on 16 December 2003 affordable housing units is a matter in the first to the release of circa 2.5 acres at St. Bricin’s instance for the Department of the Environment, Military Hospital, Dublin for inclusion in the Sus- Heritage and Local Government, which is the taining Progress Affordable Housing Initiative. lead Department for the development of the The site was recently transferred to Dublin City Council as specified by the Department of the Affordable Housing Initiative. The legal formalit- Environment, Heritage and Local Government ies relating to the transfer of lands at these for a nominal consideration. locations under the Affordable Housing Initiative Details of additional military property which are being progressed in consultation with that was surplus to requirements and which was dis- Department and the Chief State Solicitor’s posed of since 1997 are as follows:- 6.39 acres, Office. known as “Susan’s Field”, adjoining Collins Bar- Further disposals in progress include: c.1.07 racks, Cork, was sold to Cork City Council for acres at Arbour Hill, Dublin to the Department \1.523 million in 2002; circa 3.4 acres at Sarsfield of Justice, Equality and Law Reform; Town Hall, Barracks, Limerick, was disposed of to Limerick Ballyconnell to Cavan County Council; c. 20 acres City Council for \1.162 million in 2002/2003; a of the Curragh lands to Kildare County Council site comprising circa 0.931 acre, adjacent to my in connection with the construction of the Kildare Department’s RDF premises in Kanturk, Co. By-pass; and c. 10 acres of land at Renmore, Cork, was disposed of to the Southern Health Galway to Galway City Council. Board for a consideration of \0.178 million in In accordance with the Government’s commit- 2003; approximately 1.559 acres at Waterford ment under the White Paper on Defence the Barracks was sold to Waterford City Council for funding realised from the sale of properties has \0.662 million in 2003; the sale by public tender been used for an ongoing equipment and infra- of Belmont Huts, Cobh, Co. Cork, comprising c. structure modernisation programme. This prog- 2.89 acres, to a Wexford based partnership for ramme has ensured that the Defence Forces are \2.4 million, was completed during 2004; Spike fully equipped with the most modern of equip- Island, Co. Cork, was sold to the Department of ment for their day-to-day roles, both at home and Justice for \0.065 million in 2004; Custume on overseas missions. 1531 Questions— 16 November 2006. Written Answers 1532

[Mr. O’Dea.] the estimated costs of these hoax call outs; and if It is the policy of my Department to dispose of he will make a statement on the matter. properties that are surplus to military require- [38049/06] ments. In this regard the property portfolio is kept under on-going review and any properties Minister for Defence (Mr. O’Dea): The deemed surplus to military requirements will be Defence Forces nationally are divided into four disposed of to fund much needed investment, to main Brigades, namely 1 Southern Brigade, 2 meet the equipment and infrastructure needs of Eastern Brigade, the 4 Western Brigade and the the Defence Forces. Defence Forces Training Centre. This does not equate to the provincial divisions within the coun- Army Dismissal Case. try. The following is a list of the callouts in the various Brigades in 2005 and 2006 to date. 62. Mr. Boyle asked the Minister for Defence the position regarding the case of a person Number of Number of Hoax (details supplied) and their complaints regarding Callouts 2005 Calls 2005 unjust retirement from the Defence Forces; if he has reviewed the issues raised by the recently 1 Southern Brigade 26 3 published book in connection with the case; and 2 Eastern Brigade 23 5 if he will make a statement on the matter. 4 Western Brigade 29 1 [38109/06] DFTC 17 0

Minister for Defence (Mr. O’Dea): The book Total 95 9 to which the Deputy refers was launched by the author last May. My Department has examined the contents of the publication. The book does Number of Number of Hoax not present any new material of significance to Callouts 2006 Calls 2006 to date the history of the case. The basic premise of the book was previously presented in a newspaper 1 Southern Brigade 23 0 article written in summer 2002 by the author of the book. 2 Eastern Brigade 31 7 The individual concerned was retired by the 4 Western Brigade 16 1 President, on the advice of the Government, with DFTC 12 0 effect from a date in June, 1969. His retirement was effected pursuant to Section 47(2) of the Total 82 8 Defence Act, 1954 and Paragraph 18(1)(f) of Defence Force Regulations A.15, which provide I am informed by the Military Authorities that that an officer may be retired “in the interests of separate costs are not maintained for hoax cal- the service”. The Deputy will appreciate that any louts. However I understand that no additional decision to retire an officer “in the interests of costs are accrued as a result of hoax calls other the service” is extremely unusual in principle and than the cost of fuel to and from the location and would only be taken for the most compelling the possible use of ordnance. reasons. The Government advice to the President in this Drug Testing. case was on grounds of security. I am satisfied 64. Mr. M. Brady asked the Minister for that the matter was handled in an entirely appro- Defence the number of Defence Forces person- priate and proper manner in 1969 and that the nel tested in 2004, 2005 and to date in 2006 under decision taken then was taken only after very the drug testing programme; the numbers who detailed and due consideration. The position at tested positive; the procedures in force when a this stage is that the individual concerned has had member tested positive; the number of personnel access to all documents relating to his retirement dismissed as a result of testing positive; and if he since 14 November, 2002 when his legal represen- will make a statement on the matter. [38050/06] tatives attended the Department and were given copies of all the relevant records held in my Minister for Defence (Mr. O’Dea): Drug abuse Department. I do not propose to take any further has long been recognised as a serious and escalat- action in relation to this matter. ing problem in our society and while there have been relatively few instances of drug related Army Bomb Disposal Unit. problems within the Defence Forces, it is recog- 63. Mr. M. Brady asked the Minister for nised that the Defence Forces, as a component of Defence the number of call outs made by the the wider community, mirror the community at army bomb disposal unit in the greater Dublin large. The implications of drug abuse in an organ- isation where personnel have access to firearms area; the Munster area, the Connaught Ulster are too obvious to require elaboration. area and the Leinster area in 2005 and 2006 to A Compulsory Substance Testing Programme date; the number of call outs due to hoax calls; was introduced on 1 February 2002, as part of a 1533 Questions— 16 November 2006. Written Answers 1534

Defence Forces Substance Abuse Programme, urine samples for compulsory random testing following a long consultative process involving throughout the Defence Forces. Testing com- the Office of the Attorney General, the Deputy menced on 14th November 2002 and the prog- Judge Advocate General and the Defence Forces ramme is now in its fourth year of operation. The Representative Associations. target of testing 10% of the Permanent Defence Prior to the launch of the programme, an edu- Force has been achieved. A member of the Per- cation programme and awareness briefings were manent Defence Force, randomly selected, may conducted throughout the Defence Forces. All be required, at any time, to provide a urine sam- personnel were issued with a booklet devised to ple which will be tested for evidence of use of inform them of the purpose of the new Compul- controlled drugs, or the abuse or misuse of other sory Random Drug Testing programme, the substances, or for the detection of the metabolites administrative actions involved and the pro- thereof. A member of the PDF who refuses to cedures to be followed for those who test posi- provide a urine sample, or who provides a urine tive. All necessary measures, including pre-enlist- sample which tests positive, may be liable to ment screening, education, compulsory random retirement, discharge or relinquishment of com- drug testing, monitoring and sanctions, will be mission or withdrawal of cadetship as appropriate taken to maintain a drug free environment within under the provisions of Defence Force the Defence Forces. Regulations. The primary objective of Compulsory Random The following table outlines the number of Drugs Testing is deterrence. In order to provide Defence Forces personnel tested under the com- a credible level of deterrent, the testing prog- pulsory random drugs testing programme for ramme has been devised to maximise the possi- 2004, 2005 and to date in 2006. It also indicates bility of random selection for testing. A trained the number of positive tests and the number dis- Drugs Testing Team is responsible for taking charged as a result of testing positive.

Year Number Positive Tests Number Remarks Tested Discharged

2004 1,110 4 4 2005 1,238 7 6 One recommendation for discharge awaiting Judicial Review 2006 (To Date) 1,050 6 2 Administrative procedures are ongoing for remaining four positive tests

The procedures following a positive test result are ual, the Brigade/Formation Commander decides summarised as follows: 1. The individual is par- on retention or discharge. 7. In the case of aded by his/her Commanding Officer and officers, the Brigade/Formation Commander will informed of a positive A sample test result and is make a recommendation to the Deputy Chief of invited to have his/her second sample, B sample, Staff (Support) as to retention or retirement of tested at an alternative independent laboratory. the individual and the individual will be informed 2. The individual will be restricted to unarmed of this recommendation. Having considered the duties pending the completion of administrative recommendations of the Commanding Officer, action. 3. Should the individual decline to have the Brigade/Formation Commander and all rep- the B sample tested, or should the B sample resentations made by the individual, the Deputy result be positive, the individual will be paraded Chief of Staff (Support) decides on the retention by his/her Commanding Officer and informed or retirement of the officer. that administrative action will be initiated which may result in his/her discharge/retirement. The Defence Forces Budget. individual will be invited to make representations 65. Mr. Stagg asked the Minister for Defence showing cause as to why he/she should be if his attention has been drawn to the fact that retained in service. 4. Having considered any rep- the Defence Forces budget has almost halved in resentations from the individual, the Command- the past 10 years as a percentage of GNP; if he ing Officer will make a recommendation to has satisfied himself that the Defence Forces can his/her Brigade/Formation Commander as to the fulfil their domestic and international obligations retention or discharge/retirement of the individ- on such a reduced budget; and if he will make a ual. The individual will be paraded and informed statement on the matter. [38189/06] of this recommendation. 5. The individual is also afforded the opportunity to make further rep- Minister for Defence (Mr. O’Dea): Expendi- resentations directly to the Brigade/Formation ture under the Defence and Army Pensions Commander. 6. In the case of NCO’s and Votes has increased from \646 million in 1997 to Privates, following receipt of the Commanding an estimated outturn of \958 million in 2006. This Officer’s recommendation, and having con- represents an increase in defence spending of sidered all representations made by the individ- some 48% over that period. 1535 Questions— 16 November 2006. Written Answers 1536

[Mr. O’Dea.] Defence if he will report on the recent deploy- The level of expenditure on defence in any ment of Irish troops to Liberia as part of UNMIL; particular country is influenced by a variety of the plans for this to be Ireland’s final deployment factors, including that country’s political and to UNMIL; and if he will make a statement on security environment, its history, demography the matter. [38108/06] and economy. While defence spending in this country has fallen as a percentage of GNP in Minister for Defence (Mr. O’Dea): The United recent years, this is not due to any reduction in Nations Mission in Liberia (UNMIL) was estab- the level of defence expenditure, but rather lished on 19 September, 2003, under United because of the massive increase in GNP. Nations Security Council Resolution 1509. The There has been an unprecedented level of resolution authorised the deployment, under expenditure on infrastructure and equipment for Chapter VII of the UN Charter, for a period of the Defence Forces in recent years. This was twelve months, of up to 15,000 military personnel, made possible by the Government’s decision that to include up to 250 military observers, 875 civ- pay savings arising from the reorganization of the ilian police officers and a civilian component. Defence Forces, set out in the White Paper 2000, UNMIL has a current strength of approximately along with proceeds from the sale of surplus 15,000 military personnel. properties, would be fully reallocated for invest- Following Government and Da´il approval, a ment in modern facilities and equipment. contingent of the Permanent Defence Force was deployed for service with UNMIL in December Question No. 66 answered with Question 2003, comprising a motorised infantry battalion, No. 27. of some 430 personnel. A small number of additional personnel were also deployed at Force Question No. 67 answered with Question Headquarters and as Military Observers. On 2 No. 17. November 2004 and 6 December 2005 the Government reviewed and approved the con- Defence Forces Equipment. tinued participation of the Defence Forces in 68. Cecilia Keaveney asked the Minister for UNMIL. Defence the major defence and military equip- The main Irish contingent operates as the ment purchases and the major equipment deliver- Force Commander’s Rapid Reaction Reserve. ies his Department is expecting in 2007 for the The role of the Irish personnel is the provision of Army, Naval Service, Air Corps and Reserves; an immediate response capability, deployable in and if he will make a statement on the matter. sufficient strength and with the required level of [38058/06] force, to provide a swift and decisive military reaction to any crisis situation. Minister for Defence (Mr. O’Dea): The acquis- Initially, the Irish Battalion in UNMIL mainly ition of new equipment for the Defence Forces operated in a path-finding and reconnaissance continues to be a key focus for me as Minister for role, supporting the deployment of other UN Defence. Significant investment has taken place contingents. It has also conducted long-range in recent years and I will continue the good work patrols beyond Monrovia and well into the in that regard. interior of Liberia, showing a UN presence, 2007 will see the delivery of two more AW139 deterring lawlessness and protecting local popu- helicopters for the Air Corps and 15 Mowag lations. The contingent also undertakes regular armoured personnel carriers for the Army. It is daily patrols within the Monrovia area. The Irish not possible, at this stage, to identify what other Battalion is available to the Force Commander to equipment will be acquired in 2007 other than provide support and a rapid response capability stating that it will continue the government’s in the event of a breakdown in law and order or programme to ensure that the equipment issued further conflict. Additionally, the Quick Reaction to the Defence Forces is in keeping with the most Force (QRF) conducted patrols supporting the modern requirements and the highest inter- preparatory arrangements leading up to, and dur- national standards. ing, the National Elections in Liberia, held on 11 October, 2005 and 8 November, 2005. Question No. 69 answered with Question On 11 November, 2005, the UN Security No. 12. Council extended UNMIL’s mandate to include the apprehension, detention and transfer to the Question No. 70 answered with Question Special Court for Sierra Leone (SCSL) of the No. 32. former Liberian President, Charles Taylor, in the Question No. 71 answered with Question event of his return to Liberia. UNMIL assumed No. 59. responsibility for the security of the Special Court for Sierra Leone from 1 December, 2005. This allowed Irish and Swedish troops to be made Overseas Missions. available for extraction operations should there 72. Mr. Gormley asked the Minister for be a requirement to evacuate the staff and 1537 Questions— 16 November 2006. Written Answers 1538 detainees of the Special Court of Sierra Leone Asylum Applications. in Freetown. 74. Mr. O’Shea asked the Ta´naiste and Mini- The QRF assisted in the transfer from ster for Justice, Equality and Law Reform the Monrovia to the Special Court for Sierra Leone procedures in regard to applying for subsidiary in Freetown of the former President, Charles status by persons appealing to be allowed remain Taylor, for trial in accordance with the require- here on humanitarian grounds; and if he will ments of the UN, following his arrest in Nigeria make a statement on the matter. [38282/06] on 29 March 2006. The QRF also assisted and provided security for the transfer of the former Ta´naiste and Minister for Justice, Equality and President from Sierra Leone to the court in The Law Reform (Mr. McDowell): I assume the Hague in June 2006 where he will stand trial. The Deputy is referring to the procedures in regard to trial will be conducted by a Trial Chamber of the applying for subsidiary protection status under Special Court. The Court has set 2 April, 2007 as the European Communities (Eligibility for the tentative trial date. Protection) Regulations 2006, which I signed into Ireland was due to complete its participation in law recently and are effective from 10 October UNMIL in November 2006. However, the Sec- 2006. retary-General of the United Nations, Kofi I refer the Deputy to the Information Note on Annan, requested Ireland to consider postponing the Regulations which is available on my Depart- the withdrawal of its troops from UNMIL for a ment’s website along with the Regulations. Para- period of at least six months, in order to give the graph 7 of the Information Note refers to the pro- UN time to find a suitable replacement for the cedures for making an application for subsidiary QRF capability. The Government following a protection. detailed review of the request, was happy to be An application for subsidiary protection can able to respond positively to the UN Secretary only be made after an application for refugee General and this month the Defence Forces will status has been investigated and refused. An undertake one further 6 month rotation to May, application for subsidiary protection must be made on the appropriate application form. These 2007, whereupon the contingent will then be with- applications will be considered by the Irish Natu- drawn. The downsizing of the Irish contingent, as ralisation and Immigration Service. part of a phased withdrawal, commenced in June 2006, following discussions with the UN. The Swedish contingent, which previously partnered Garda Complaints Procedure. Ireland in the QRF, withdrew from UNMIL yes- 75. Aengus O´ Snodaigh asked the Ta´naiste and terday and was replaced by a Company from Pak- Minister for Justice, Equality and Law Reform if istan. Pakistan will take over the full role of the he will make a statement on the conduct of QRF on Ireland’s withdrawal in May 2007. The Gardaı´ involved in operations at Bellanaboy, 96th Infantry Battalion, which is currently being County Mayo on 10 November 2006 and on the deployed to UNMIL, will be the final Defence assault of protesters there by members of An Forces deployment to the mission. Garda Sı´ocha´na including that caught on camera and shown on RTE´ News at One. [38283/06] Irish Prison Service. Ta´naiste and Minister for Justice, Equality and 73. Mr. N. O’Keeffe asked the Ta´naiste and Law Reform (Mr. McDowell): The Garda Sı´och- Minister for Justice, Equality and Law Reform if a´na is duty-bound to uphold the rule of law, and he will request the Office of Public Works to it has been seeking to do so in difficult circum- identify an alternative site for the development stances and in a sometimes confrontational scen- of a special project (details supplied) in County ario not of its making. Cork. [38274/06] With specific regard to incidents on 10 November, 2006, I am informed by the Garda Ta´naiste and Minister for Justice, Equality and authorities that as criminal prosecutions may Law Reform (Mr. McDowell): There are only arise, it is not considered appropriate to comment two sites currently available to the Irish Prison further at this time. This should not at all be Service in the Cork region for prison develop- taken as accepting the Deputy’s characterisation ment. The existing site in Cork city has been con- of Garda activity on that day. sidered in detail and is not deemed to be suitable. The prison facility on Spike Island offers obvious Citizenship Applications. advantages from a security perspective and is 76. Mr. Carey asked the Ta´naiste and Minister immediately available for development. No other for Justice, Equality and Law Reform when a sites in the Cork region have been offered for decision will be made in relation to an application prison development, however, if another suitable for naturalisation on behalf of a person (details site becomes available I would, as a matter of supplied) in Dublin 11; and if he will make a course, give it due consideration. statement on the matter. [38284/06] 1539 Questions— 16 November 2006. Written Answers 1540

Ta´naiste and Minister for Justice, Equality and Steering Committee) and Kiltimagh (IRD) both Law Reform (Mr. McDowell): An application for submitted proposals for Stage 1 (pre- a certificate of naturalisation from the person development) funding under this Scheme. No referred to in the Deputy’s question was received other applications were received from local auth- in the Citizenship section of my Department in orities, towns or communities in Co. Mayo. December 2003. Following thorough assessments of their appli- I understand that processing of the application cations, a pre-development grant of \5,000 was is complete and that the case file has been sub- approved in respect of Ballina (CCTV Steering mitted to me for a decision. I will advise the Committee’s) application. I understand that Bal- Deputy and the person in question once I have lina Town Council formed part of this Commit- reached a decision on the application. tee. Kiltimagh’s (IRD) application for funding was deemed not to reach a high enough standard Closed Circuit Television Systems. to be granted funding at this stage. It is intended 77. Mr. Ring asked the Ta´naiste and Minister to invite a new round of applications for funding for Justice, Equality and Law Reform the posi- under this Scheme in the coming months, and it tion regarding applications for closed circuit tele- is, of course, open to any local authority or other vision cameras in towns in County Mayo; and group in Co. Mayo to submit an application for when decisions will be made on these appli- funding at that stage. cations. [38302/06] Residency Permits. 78. Mr. Ring asked the Ta´naiste and Minister 80. Mr. Quinn asked the Ta´naiste and Minister for Justice, Equality and Law Reform the towns for Justice, Equality and Law Reform if he will in County Mayo that have applied for the pro- arrange for a speedy decision to be given to a vision of closed circuit television cameras. person (details supplied) in County Wicklow who [38303/06] has applied for permanent residency in order that they have documentation that will allow them to 79. Mr. Ring asked the Ta´naiste and Minister travel to be with their family at Christmas time for Justice, Equality and Law Reform the posi- and get back into Ireland; and if he will make a tion regarding the provision of closed circuit tele- statement on the matter. [38309/06] vision in County Mayo; and if he will make a statement on the matter. [38304/06] Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): There is no pro- Ta´naiste and Minister for Justice, Equality and vision for the granting of permanent residency in Law Reform (Mr. McDowell): I propose to take Irish Immigration legislation. However, the pro- Questions Nos. 77 to 79, inclusive, together. posed Immigration, Residence and Protection I am informed by the Garda authorities that Bill will, for the first time, make statutory pro- Castlebar is one of the 17 locations nationwide vision for a status of long term resident. An appli- which form part of the Garda CCTV programme cation for long term residency from the person that remains to be completed. referred to by the Deputy was received on the I am advised that the Garda authorities pro- 26th June 2006. pose to take over the existing CCTV system in Castlebar Town. This system was installed in 2004 The position in relation to granting long term by a local group called Castlebar CCTV Ltd. I residency is as follows: Persons who have been understand that negotiations are due to take legally resident in the State for over five years on place shortly with Castlebar Town Council the basis of work permit/work authorisation/work regarding equipment transfer and annual main- visa conditions may apply to the Immigration tenance. I am further informed by the Garda Division of my Department for a five year resi- authorities that an application for a Garda CCTV dency extension. In that context they may also system in Ballina has been received by the CCTV apply to be exempt from employment permit Advisory Committee. This application is cur- requirements. rently under consideration by the Committee. No The dependants of the aforementioned, who other applications for Garda CCTV systems in have been legally resident in the State for over Co. Mayo have been received by the Garda five years may also apply for long term residency. CCTV Advisory Committee . This particular long term permission does not As the Deputy may be aware I launched the exempt the person from employment permit Community Based CCTV Scheme on 15 June requirements. Time spent in the State on student 2005 in response to the demonstrated demand conditions cannot be counted towards long term from local communities across Ireland for the residency. provision of CCTV systems. This Scheme is While applications for long term residency are designed to provide financial assistance to quali- under consideration, the person concerned fying local organisations towards meeting the should ensure that their permission to remain in capital costs associated with the establishment of the State is kept up to date. I understand that local community CCTV systems. Ballina (CCTV applications received in May 2006 are currently 1541 Questions— 16 November 2006. Written Answers 1542 being dealt with. As soon as a decision is made increase on 2005 and an 85% increase since 1997 on the case, the person concerned will be notified. in real terms. I have been further informed by the Garda Visa Applications. authorities that the Garda Station at Dublin Air- port which was established in 1998 was the new 81. Mr. Howlin asked the Ta´naiste and Mini- 24-hour Garda Station in question. The locations ster for Justice, Equality and Law Reform the and hours of operation of the 11 Garda Stations position in relation to the application of a person that reduced their opening hours within the past (details supplied) in County Wexford for a one 10 years are as set out as follows: year multiple entry visa to enable their mother, a Ukraine national, to visit the family in Wexford Division/Station Previous opening Current without the necessity of applying for a new visa hours opening hours on each occasion; if he will consider this appli- cation favourably in view of the undertaking Louth/Meath given by this applicant’s family members that visa Omeath 24 hr. 6pm to 9pm terms will be fully respected and that their needs Sligo/Leitrim in this country will be provided for by the family; and if he will make a statement on the matter. Blacklion 24 hr. 8hrs a day [38310/06] Cork North Mitchelstown 24 hr. 10am to 6pm Ta´naiste and Minister for Justice, Equality and Youghal 24 hr. 10am to 6pm Law Reform (Mr. McDowell): My Department Donegal has no record of a current visa application in Lifford 24 hr. 10am to 1pm respect of the person in question. I can confirm receipt of an application in respect of the person Ballybofey 24 hr. 10am to 1pm in question by the Honorary Consul in Kiev on Burnfoot 24hr. 10am to 1pm 30th May, 2006. This single journey visa was Cavan/Monaghan issued. In general, multiple-entry visas may be Clones 24hr. 10am to 1pm issued when an applicant has demonstrated a Emyvale 24 hr. 10am to 1pm compliant travel history to Ireland in the recent Scotstown 24 hr. 10am to 1pm past. Any future applications by the person in question will be considered in that context. Full Swanlinbar 24 hr. 10am to 1pm details of the documentation required for all visa applications can be found on my Department’s The operation of a Garda station on a 24 hour website (www.justice.ie). basis necessitates the employment of additional personnel on indoor administrative duties who in Garda Stations. the opinion of the Commissioner would be more effectively employed on outdoor policing duties. 82. Ms C. Murphy asked the Ta´naiste and I should add that it is the responsibility of Minister for Justice, Equality and Law Reform Garda management to allocate personnel to and the location of the new 24 hour Garda stations within Divisions on a priority basis in accordance that were established within the past 10 years; the with the requirements of different areas. These change in operating hours in the 11 stations that personnel allocations are determined by a made changes to their hours within the past 10 number of factors including demographics, crime years; and if he will make a statement on the trends, administrative functions and other oper- matter. [38332/06] ational policing needs. Garda management state that such allocations are continually monitored Ta´naiste and Minister for Justice, Equality and and reviewed along with overall policing arrange- Law Reform (Mr. McDowell): I have been ments and operational strategy. This ensures that informed by the Garda authorities, who are optimum use is made of Garda resources, and responsible for the detailed allocation of that the best possible service is provided to the resources, including personnel, that the personnel public. strength (all ranks) of An Garda Sı´ocha´na increased to a record 12,762 on Friday, 8 Appointments to State Boards. September, 2006, following the attestation of 249 new members. This compares with a total 83. Mr. Boyle asked the Ta´naiste and Minister strength of 10,702 (all ranks) as at 30 June, 1997 for Justice, Equality and Law Reform the statu- and represents an increase of 2,060 (or 19%) in tory processes involved in the appointment of the personnel strength of the Force during that chairs and members of non-Departmental public period. The induction of 280 new Garda recruits bodies under the remit of his Department and to the Garda College on 6 November, 2006 has their legislative origin. [38345/06] resulted in a combined strength, of both attested Tanaiste and Minister for Justice, Equality and Gardaı´ and recruits in training, of 14,137. The ´ Law Reform (Mr. McDowell): I presume the Garda Budget now stands at \1.3 billion, a 13% Deputy is referring to those public boards or 1543 Questions— 16 November 2006. Written Answers 1544

[Mr. McDowell.] persons or ordinary members. Bodies without other authorities under my Department’s aegis to such a board/authority structure are not listed. which persons are appointed either as Chair-

Name of Public Body Statutory Process involved in the Appointment of Chairs and Members

National Crime Council Non-statutory body. Private Security Authority The Chairperson and members of the Board of the Private Security Authority are appointed by the Minister for Justice, Equality and Law Reform in accordance with the provisions of Section 7 of the Private Security Services Act 2004. Garda Sı´ocha´na Complaints Board, Garda Under the terms of the Garda Sı´ocha´na (Complaints) Act 1986, the Sı´ocha´na Complaints Appeal Board Government appoints the Chairperson and ordinary members of both the Garda Sı´ocha´na Complaints Board and the Garda Sı´ocha´na Complaints Appeal Board. Garda Sı´ocha´na Ombudsman Commission Under Section 65 of the Garda Sı´ocha´na Act 2005, the Ombudsman Commission is to consist of 3 members, all of whom are to be appointed by the President on a) the nomination of the Government, and b) the passage of resolutions by Da´il E´ ireann and Seanad E´ ireann recommending their appointment. One of the members shall be appointed as Chairperson. Prisons Authority Interim Board Non-statutory body. Mental Health (Criminal Law) Review Board The Chairperson and members of the Mental Health (Criminal Law) Review Board are appointed by the Minister for Justice, Equality and Law Reform pursuant to Section 11 of the Criminal Law (Insanity) Act, 2006. Parole Board Non-statutory body. Courts Service Board The Board of the Courts Service was established under the provisions of the Courts Service Act, 1998. The Act also sets out the appointment process for the Chairperson and members of the Board. Judicial Appointments Advisory Board The Board was established under the provisions of the Courts and Courts Officers Act, 1995. The Act also sets out the appointment process for the Chairperson and board members. Committee on Court Practice and Procedure Non-statutory body. Equality Authority The Board and Chairperson of the Equality Authority are appointed by the Minister for Justice, Equality and Law Reform in accordance with the provisions of sections 41-46 of the Employment Equality Acts 1998 and 2004. National Disability Authority Members of the National Disability Authority are appointed by the Minister for Justice, Equality and Law Reform in accordance with the National Disabilities Act, 1999, as amended by the Disability Act 2005. Refugee Appeals Tribunal Members are appointed by the Minister for Justice, Equality and Law Reform in accordance with the Second Schedule to the Refugee Act, 1996. Censorship of Films Appeal Board Sections 3(1) (2) and (3) of the Censorship of Films Act, 1923 provides for the appointment by the Minister for Justice, Equality and Law reform of the Censorship of Films Appeal Board consisting of nine Commissioners of whom one shall be Chairman. Censorship of Publications Board, Censorship of Members are appointed to either Board by the Minister for Justice, Equality Publications Appeal Board and Law Reform under the provisions of sections 2 and 3 of the Censorship of Publications Act 1946. Commission for the Support of Victims of Crime Non-statutory body. Criminal Injuries Compensation Tribunal Non-statutory body. Legal Aid Board The Chairperson and other members of the Board are appointed by the Minister for Justice, Equality and Law Reform in accordance with the provisions of section 4 of the Civil Legal Aid Act, 1995. National Property Services Regulatory Authority Non-statutory body. Implementation Group Property Registration Authority The Chairperson and other members of the Authority are appointed by the Minister for Justice, Equality and Law Reform in accordance with the provisions of section 11 of the Registration of Deeds and Title Act, 2006.

Garda Communications. Garda Sı´ocha´na; and when a national roll out to all Garda stations will be completed. [38416/06] 84. Mr. J. O’Keeffe asked the Ta´naiste and Minister for Justice, Equality and Law Reform Ta´naiste and Minister for Justice, Equality and the reason Email contact other than with senior Law Reform (Mr. McDowell): I am advised by officers is not generally available within An the Garda authorities that the Garda Sı´ocha´na 1545 Questions— 16 November 2006. Written Answers 1546

Information and Communications Technology increase on 2005 and an 85% increase since 1997 (ICT) strategy, identifies the requirement for an in real terms. enterprise-wide email system within An Garda I have been further informed by the Garda Sı´ocha´na. The rollout, which is currently ongoing, authorities that the personnel strength of the provides facilities to all Gardaı´ from Superin- Garda Traffic Corps as at 31 December, 2005 was tendent rank and above. Access is also provided 570. The personnel strength of the Garda Traffic to other individual members of An Garda Sı´och- Corps as at 30 September, 2006 was 714. This rep- a´na based on operational needs. resents an increase of 144 (or 25%) in the number The ICT strategy identifies a range of projects of personnel allocated since that date. and systems,overall implementation of which will Between now and 2008, it is planned to depend on a number of factors including overall increase the strength of the Traffic Corps to a priorities agreed by the Garda Authorities. complement of 1,200 on the following phased basis: Garda Recruitment. Year Strength 85. Mr. Bruton asked the Ta´naiste and Minister for Justice, Equality and Law Reform the intake 2006 805 to date into the Garda Reserve; and the intake 2007 1,030 expected by the end of 2006. [38418/06] 2008 1,200 Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): A total of 7,174 I should add that it is the responsibility of Garda applications for the Garda Reserve had been management to allocate personnel to and within received nationally up to 14th November 2006. Divisions on a priority basis in accordance with On 30 September 2006 37 trainees began phase the requirements of different areas. These per- one training in the Garda College in sonnel allocations are determined by a number Templemore. They are currently in phase four of of factors including demographics, crime trends, administrative functions and other operational their training and will complete their training in policing needs. Garda management state that mid-December. such allocations are continually monitored and Interviews are taking place this month for reviewed along with overall policing arrange- applicants from counties Limerick, Kerry, ments and operational strategy. This ensures that Galway, Clare, Sligo and Dublin. Successful can- optimum use is made of Garda resources. didates will commence training in January. The Public Appointments Service will be contacting Garda Equipment. applicants from other counties in the near future to arrange interviews. 87. Mr. Bruton asked the Ta´naiste and Minister for Justice, Equality and Law Reform the number Garda Strength. of specially adapted high visibility and high pow- ered vehicles in operation in December 2005, 86. Mr. Bruton asked the Ta´naiste and Minister March 2006 and September 2006; and the for Justice, Equality and Law Reform the number expected number in operation by year ending of members of the Garda Traffic Corps at end 2006. [38420/06] December 2005 and the number at end of September 2006; and a forecast for end of Ta´naiste and Minister for Justice, Equality and December 2006. [38419/06] Law Reform (Mr. McDowell): I have been informed by the Garda authorities, who are Ta´naiste and Minister for Justice, Equality and responsible for the detailed allocation of Law Reform (Mr. McDowell): I have been resources, including personnel, that the personnel informed by the Garda authorities, who are strength (all ranks) of An Garda Sı´ocha´na responsible for the detailed allocation of increased to a record 12,762 on Friday, 8 resources, including personnel, that the personnel September, 2006, following the attestation of 249 strength (all ranks) of An Garda Sı´ocha´na new members. This compares with a total increased to a record 12,762 on Friday, 8 strength of 10,702 (all ranks) as at 30 June, 1997 September, 2006, following the attestation of 249 and represents an increase of 2,060 (or 19%) in new members. This compares with a total the personnel strength of the Force during that strength of 10,702 (all ranks) as at 30 June, 1997 period. The induction of 280 new Garda recruits and represents an increase of 2,060 (or 19%) in to the Garda College on 6 November, 2006 has the personnel strength of the Force during that resulted in a combined strength, of both attested Gardaı´ and recruits in training, of 14,137. The period. The induction of 280 new Garda recruits \ to the Garda College on 6 November, 2006 has Garda Budget now stands at 1.3 billion, a 13% resulted in a combined strength, of both attested increase on 2005 and an 85% increase since 1997 Gardaı´ and recruits in training, of 14,137. The in real terms. I have been further informed by the Garda Garda Budget now stands at \1.3 billion, a 13% authorities that the number of High Visibility 1547 Questions— 16 November 2006. Written Answers 1548

[Mr. McDowell.] The Director and a number of staff have com- Specially Adapted Vehicles is as set out in the menced duty, and recruitment of the remaining following table: staff is underway. Under the Garda Sı´ocha´na Act, the Com- Date No. of Vehicles missioner became the Accounting Officer for An Garda Sı´ocha´na in July this year. This transfer of December 2005 170 responsibility is being supported by the recruit- March 2006 184 ment of nine (9) civilian Finance & Procurement September 2006 184 staff. Projected end of year 200 My Department has also received sanction from my colleague the Minister for Finance to civilianise 31 posts in the Garda Telecommunica- tions area. These positions, most of which were Garda Deployment. previously occupied by Gardaı´, will be advertised 88. Mr. Bruton asked the Ta´naiste and Minister shortly. Progress is also being made on recruit- for Justice, Equality and Law Reform the number ment to a range of new civilian posts, including: of Gardaı´ that have been freed up from full time • 28 staff (statisticians, analysts and adminis- desk duty for frontline Garda duties. [38421/06] trative staff) for the Professional Stan- dards Unit; Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): I have been • 10 internal audit posts; informed by the Garda authorities that there are • 14 additional teaching/training posts in the currently over 1,900 civilian staff working in An Garda College, Templemore; and Garda Sı´ocha´na. Very significant developments have taken • 29 crime analysts. place in the area of civilianisation recently and I As the Deputy can see, considerable progress is will now outline the key aspects. The Garda now being made in driving the Civilianisation Information Service Centre (GISC) in Castlebar Programme forward to ensure that the Gardaı´ is now fully operational, with some 160 civilian being recruited in the current historic expansion staff now employed there. The GISC allows of the Force are deployed to front-line policing Gardaı´ who would otherwise have to return to duties, and that appropriately trained and quali- their Stations to input data on the PULSE fied civilians make the greatest contribution pos- system, to log the information with the GISC, sible consistent with the effective and efficient while remaining on the beat. This major initiative functioning of An Garda Sı´ocha´na. I am confi- has freed up significant amounts of Garda time dent that the progress now being made on civ- for continued operational duty. The Garda auth- ilianisation will deliver on both fronts. orities are already considering what other tasks could be devolved to the GISC which would release additional Garda resources to front-line Crime Prevention. policing. 89. Mr. Bruton asked the Ta´naiste and Minister On 16 October, 2006, I made an Order to give for Justice, Equality and Law Reform the number effect to the transfer of civilian staff to the direct of youth diversion programmes in operation to control of the Garda Commissioner, a reform date; the number expected to be in operation by provided for in the Garda Sı´ocha´na Act 2005. end of 2006; and the number in operation in the This followed the conclusion of discussions with Limerick city and Dublin city area. [38422/06] staff interests. As part of the agreement with the staff side on the transfer of staff, sanction has Ta´naiste and Minister for Justice, Equality and been granted by the Minister for Finance for an Law Reform (Mr. McDowell): Garda Youth additional 76 civilian clerical and administrative Diversion Projects are community based, multi- posts to be located around the country on a agency crime prevention initiatives which seek to regional and divisional basis. Recruitment to divert young people from becoming involved (or these posts will be progressed as quickly as further involved) in anti-social and/or criminal possible. behaviour by providing suitable activities to A new Human Resources Division for civilian facilitate personal development and promote staff in An Garda Sı´ocha´na has now been estab- civic responsibility. The Garda Youth Diversion lished. When fully operational, the Division will Projects are funded by my Department and have a staffing complement of 37 civilians who administered through Garda Community will carry out recruitment, training, discipline, Relations Section of An Garda Sı´ocha´na. industrial relations and general HR administra- The allocation of funding for the 74 Garda tive functions for the 1,900 clerical, administra- Youth Diversion Projects (along with 7 Local tive, professional, technical and industrial civ- Drug Task Force Projects) in 2006 is just over ilians now working with An Garda Sı´ocha´na. The \6.6 million, which is an increase of \1.2 million Division will also play a key strategic role in driv- on 2005. ing forward the wider Civilianisation Programme. 1549 Questions— 16 November 2006. Written Answers 1550

It is my intention to ensure that 100 schemes missioner, following consultation with the Joint will be established nationwide before the end of Policing Committee for that administrative area. 2007. As part of this expansion, ten new projects I am informed by the Garda authorities that, as were established this year and they are located in of 16 November 2006, one group has received Blanchardstown, Birr, Carlow, Castlebar, Cavan, authorisation from the Garda Commissioner and Clondalkin, Limerick, Tallaght and Tralee (two accordingly received the initial payment of their projects). I expect to announce a further ten pro- approved grant. A further 5 groups have submit- jects in the near future. ted their applications for authorisation to the There are currently four Garda Youth Diver- Garda authorities and these are currently being sion Projects based in Limerick city and 25 Garda processed. I am advised by Pobal that the remain- Youth Diversion Projects and two Local Drugs ing 7 groups are currently compiling their appli- Task Force Projects based in Dublin city. cations for authorisation and these will be for- warded to the Garda authorities in due course. Closed Circuit Television Systems. Garda Stations. 90. Mr. Bruton asked the Ta´naiste and Minister for Justice, Equality and Law Reform the number 91. Mr. McCormack asked the Ta´naiste and of groups that have received grants for closed cir- Minister for Justice, Equality and Law Reform if cuit television proposals to date; and the expected a decision has been made on the location of a site number for year ending 2006. [38423/06] for the proposed new Garda barracks in Galway City; if not, when a decision will be made on Ta´naiste and Minister for Justice, Equality and same; and if he will make a statement on the Law Reform (Mr. McDowell): As the Deputy matter. [38445/06] may be aware I launched the Community Based CCTV Scheme on 15 June 2005 in response to Ta´naiste and Minister for Justice, Equality and the demonstrated demand from local communi- Law Reform (Mr. McDowell): The Office of ties across Ireland for the provision of CCTV Public Works has presented a business case set- systems. This Scheme is designed to provide fin- ting out a number of options for the provision ancial assistance to qualifying local organisations of Garda Accommodation in Galway City. The towards meeting the capital costs associated with Garda Authorities are currently examining these the establishment of local community CCTV proposals and I understand a decision is immi- systems. The Scheme is being administered by nent in this regard. Pobal on behalf of my Department. Under this Scheme, communities could apply Citizenship Applications. for grant aid funding of up to \100,000 from the 92. Mr. Durkan asked the Ta´naiste and Mini- Department to install a CCTV system in their ster for Justice, Equality and Law Reform the area. In addition, the Department of Community, progress to date in the application for naturalis- Rural and Gaeltacht Affairs gave a commitment ation in the case of a person (details supplied) in to provide successful applicants from RAPID County Kildare; and if he will make a statement areas with a further grant to a maximum of on the matter. [38446/06] \100,000 subject to the total grant aid from both Departments not exceeding \200,000 or 100% of Ta´naiste and Minister for Justice, Equality and the capital costs of the project, whichever is the Law Reform (Mr. McDowell): I refer the Deputy lesser. to my response to Parliamentary Question No. The Community Based CCTV Scheme offered 442 of 16 May 2006. two Stages or options that were designed to meet Officials in the Citizenship Section of my the requirements of communities in both of these Department had written to the person in question situations. Stage 1 offered pre-development sup- on 21 October 2005 and again on 4 March 2006 ports and possible funding of up to \5,000 for requesting further documentation in connection organisations/groups who were not yet ready to with her application for naturalisation. No reply develop their proposals fully. The Stage 2 process has been received to those letters to date and on offered a direct Application Process to those 2 November 2006, my officials wrote a final letter organisations who could demonstrate an ability to to the person concerned advising that if no reply develop and deliver a CCTV Programme is received within 21 days her file will be put away immediately. pending a response. No further communication I am pleased to say that, following a detailed will issue to the person in question in relation to evaluation process, a total of 37 groups were this matter. selected to receive grant aid under the Scheme. My officials have observed that the address 24 groups were selected to receive Stage 1 grants provided in the details to this question differ from of up to \5,000 each and I understand from Pobal those provided to Citizenship section by the per- that all of these grants were paid by end April son concerned. I should point out that if the per- 2006. 13 groups were selected to receive Stage 2 son in question has changed address since lodging grants. Section 38(3)(c) of the Garda Sı´ocha´na her application for naturalisation, the onus is on Act, 2005, requires that each of these groups her to keep the Department informed of any such receive authorisation from the Garda Com- change of address. 1551 Questions— 16 November 2006. Written Answers 1552

Asylum Applications. was dismissed as unbelievable; if so, the grounds on which it was dismissed; if, in view of the cir- 93. Mr. Durkan asked the Ta´naiste and Mini- cumstances a case exists for a re-examination of ster for Justice, Equality and Law Reform the the file with a view to granting extension of resi- status of the application for family reunification dency; and if he will make a statement on the in the case of a person (details supplied) in matter. [38449/06] Dublin 22; and if he will make a statement on the matter. [38447/06] Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): I would refer the Ta´naiste and Minister for Justice, Equality and Deputy to my Reply to his Dail Question No. 61 Law Reform (Mr. McDowell): The person in ´ of 15 June 2006. The status of the persons con- question made a Family Reunification application cerned remains as set out in that Reply. on behalf of his wife in November 2005. He then made a further application for his two daughters in February 2006. 96. Mr. English asked the Ta´naiste and Mini- The applications were forwarded to the Refu- ster for Justice, Equality and Law Reform the gee Applications Commissioner for investigation reason for the delay in a family reunification as required under Section 18 of the Refugee Act application by a person (details supplied); and if 1996. These investigations have now been com- he will make a statement on the matter. pleted and the Commissioner has forwarded a [38462/06] report to my Department. Applications of this type are dealt with in Ta´naiste and Minister for Justice, Equality and chronological order. The applications will be con- Law Reform (Mr. McDowell): The person in sidered by my Department and a decision will question made a Family Reunification application issue in due course. in respect of his wife in January 2004. This appli- cation was refused in August 2005. 94. Mr. Durkan asked the Ta´naiste and Mini- A request for a review and additional docu- ster for Justice, Equality and Law Reform the mentation was submitted to this office in procedure to be followed to restore a green card September 2006. Following a complete review of in the case of a person (details supplied) in the case, this application has recently been County Kildare; and if he will make a statement approved and the person in question has been on the matter. [38448/06] notified of this decision.

Ta´naiste and Minister for Justice, Equality and Garda Vetting Unit. Law Reform (Mr. McDowell): The person con- 97. Mr. English asked the Ta´naiste and Mini- cerned arrived in the State on 14 March, 2003 and ster for Justice, Equality and Law Reform if an was given permission to remain until 12 March, application by a special needs assistant (details 2004. He has remained in the State, without per- supplied) has been decided on by the Garda Vet- mission, since this date. ting Unit; if not, when it will be decided on; and Subsequently, in accordance with Section 3 of if he will make a statement on the matter. the Immigration Act, 1999, as amended, he was [38463/06] informed by letter dated 10 November, 2006, that the Minister proposed to make a deportation Ta´naiste and Minister for Justice, Equality and order in respect of him. He was given the options, Law Reform (Mr. McDowell): I am informed by to be exercised within 15 working days, of making the Garda authorities that an application for vet- representations to the Minister setting out the ting in respect of the person in question was reasons why he should be allowed to remain tem- received by the Garda Central Vetting Unit porarily in the State; leaving the State before an (GCVU) from the Health Service Executive order is made or consenting to the making of a (HSE) on 2 October, 2006. However, the appli- deportation order. cation was returned for clarification, as some of This person’s case file, including all represen- the details provided were illegible. tations submitted, will be considered under I am further informed that the application was Section 3(6) of the Immigration Act, 1999, as again received by the GCVU on 13 November, amended, and Section 5 of the Refugee Act, 1996 2006. It will now be processed and returned to (Prohibition of Refoulement). I expect the file to the HSE, which has sole responsibility for recruit- be passed to me for decision in due course. ment decisions in respect of any prospective employee. 95. Mr. Durkan asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform further Departmental Staff. to previous parliamentary questions in the case of persons (details supplied) in County Dublin, if he 98. Ms Enright asked the Minister for Finance has satisfied himself that ORAC and RAT fully the number of Irish speaking civil servants who examined all of the evidence put forward by the have received credits for their ability to com- applicants; his views on the strength and compel- municate as Gaeilge; and if he will make a state- ling nature of the submissions; if the information ment on the matter. [38270/06] 1553 Questions— 16 November 2006. Written Answers 1554

Minister for Finance (Mr. Cowen): It has been income of the charity exceeds \100,000 per clarified with the Deputy that the question being annum. asked is the number of Irish speaking civil ser- Full details relating to the application and vants who have received allowances for their monitoring procedures for charities are set out in ability to communicate as Gaeilge. There are no information booklet CHY1, Applying for Relief allowances in the Civil Service for officers who from Tax on the Income and Property of Chari- are able to communicate through Irish. My view ties, which can be found on the Revenue website is that there is no basis or need for the payment at www.revenue.ie. of such an allowance. 101. Mr. J. Breen asked the Minister for Fin- Decentralisation Programme. ance if, farmers who purchased suckler cow quotas under the CAP premium system up to 99. Mr. O’Shea asked the Minister for Finance 2004 and who now find that these quotas are the progress made in the discussions between his worthless due to reforms of the common agricul- Department and the IMPACT trade union in tural policy which abolished those quotas, will be relation to progressing outstanding issues regard- allowed to offset the purchase of the suckler cow ing the decentralisation of professional and tech- quotas against their income tax liability; and if he nical staff across the civil service; and if he will will make a statement on the matter. [38308/06] make a statement on the matter. [38280/06] Minister for Finance (Mr. Cowen): This matter Minister for Finance (Mr. Cowen): As the was given detailed consideration in the context of Deputy will be aware, there are structures in the 2005 Finance Bill and for the following place, through General Council and the Sub- reasons it was decided that there was no case for group of General Council on Decentralisation, to the introduction of tax relief for the purchase progress discussions in relation to the decentralis- costs of suckler cow quota. ation of professional and technical posts across the civil service. (a) Under the new Single Payment Scheme Particular issues remain to be resolved in farmers have been credited with the average relation to the decentralisation of professional number of animals on which premium was paid and technical posts. Papers setting out options in under the Suckler Cow Premium Scheme over relation to staff remaining in Dublin and pro- the three year reference years 2000, 2001 and motions arrangements have been tabled with the 2002. unions representing professional & technical per- (b) Farmers who purchased suckler cow sonnel. I remain confident that these matters can quota since 1993 and up to and including the be addressed with the active co-operation of all 2000 scheme years have received the full parties involved in the implementation effort. benefit of this quota in their Single Farm pay- ment if they used their quota during the three Tax Code. reference years. There are also adequate pro- 100. Mr. Wall asked the Minister for Finance visions under the National Reserve to cater for the reasons a company (details supplied) in farmers who purchased quota from January County Kildare must supply audited accounts to 2001 up until the date of the announcement of the Revenue Commissioners in view of the fact full decoupling on 19 October 2003. that the company has charitable status and are a (c) Farmers who purchased suckler cow community based group whose constitution status quota after 19 October 2003 for the 2004 is that it is a non- profit making organisation and scheme year should have been aware of the the workings of the company is solely to do with changes to the CAP and the introduction of the improvement of facilities in the area for their Single Payment and the consequent abolition local community; and if he will make a statement of quota. on the matter. [38281/06] Appointments to State Boards. Minister for Finance (Mr. Cowen): The Revenue Commissioners advise me that they 102. Mr. Boyle asked the Minister for Finance have not sought audited accounts from this char- the statutory processes involved in the appoint- ity. I am further advised that the Revenue Com- ment of chairs and members of non-Departmen- missioners have detailed procedures in place tal public bodies under the remit of his Depart- towards ensuring that bodies which have been ment and their legislative origin. [38342/06] granted charitable tax exemption are complying with the terms of their exemption and applying Minister for Finance (Mr. Cowen): The follow- their funds for charitable purposes only. Under ing table sets out the statutory processes involved these procedures, all tax exempt charities are in the appointment of chairs and members of required to maintain proper books of accounts non-Departmental public bodies under the remit and audited accounts are required where the of my Department and their legislative origin. 1555 Questions— 16 November 2006. Written Answers 1556 and Central Act 1942 (as Board four of whomRegulatory are Authority. members The of Governorfour the and other Directors servebasis. on an ex-officio Authority. Minister for Enterprise, TradeEmployment. and Taoiseach, the Minister forTrade Enterprise, and Employment andrepresenting organisations the interests ofproviders financial service appointed appointed appointments (1) of the CentralGovernor Bank is Act appointed 1942, bythe the the advice President of on the Government. Authority of Ireland Act 2003 Central the Bank Minister and Financial Services for Finance appoints seven directorsmembers to of the the AuthorityChief other Executive 2003 than or the theto Consumer be Director Chairperson ofRegulatoryAuthority the in accordance withsection 33I of theamended) Bank Central members Act Bank are 1942 Act appointed (as 1942 by amended), (as the the Minister Authority for Enterprise, Trade & member Employment, being with the one amended) Chief Executive and Finance after consulting the Minister for another the Consumer Director of the for Finance in accordance180(6) with of Section the Credit Union Act, 1997. for Finance in accordance with Section 180(3) of the Credit Union Act, 1997. Bank Act 1942 (asappoints amended), a the Chairperson Minister frommembers among of the the Council. Central Bank Act 1942 (as amended), the CouncilCentral members Bank are Act appointed 1942Minister by (as appoints the amended), one the ofto the be Panel Chairperson members of amended) the Panel. Panel Central members Bank are Act appointed 1942 by (as the Minister amended), for the Finance after consulting the amended) Minister for Finance, after consulting the Name of Body Statutory process by which the Chairman is Statutory Process by which the Members are Legislative basis governing the Ireland (CBFSAI) Chairperson of the Board. Under Section 19 1942, as inserted by Section 13 of the Bank and Financial Services Act Central Bank and Financial Services Authority of The Governor of the Central Bank is the Under Section 18BCredit of Union the Advisory Central Committee Bank Act, CentralIrish Bank Financial Act Services 1942 Regulatory Authority The Minister The for Chairperson Finance is appoints appointed one by of the the Minister The In MembersFinancial accordance are Services with appointed Ombudsman Section by Council 33E the of Minister the Central Central Bank Credit Union Act, 1997 InFinancial accordance Services with ConsultativeIndustry section Panel 57BC of the Central In accordance with Section 57BC In of accordance the with Section 57DA of the Central Bank Act 1942 In (as accordance with Section 57DA of the Central Bank Act 1942 (as 1557 Questions— 16 November 2006. Written Answers 1558 Minister for Enterprise, TradeEmployment and and organisations representing the interests of consumers legislation specifies that CEOa of member the of PAS the be Board. appointed appointed appointments Central Bank Act 1942Minister (as appoints amended), one the ofto the be Panel Chairperson members of the Panel. Panel Central members Bank are Act appointed 1942 by (as the amended), theBank Act 1942 (asappoints amended), the the Chairperson President onof the the amended) nomination Government. Underperson section Minister is 57E for eligible a Finance, toChairperson after be the only consulting appointed Central if the the as Bank the Presidentformer Act person appoints judge 1942 is members of (as (a) to the amended),Court a the High (b) Court a or barristerthan Supreme or Tribunal 7 solicitor on years of the standing. not nomination less of the amended) Finance under Section Government. 12(2)requirements subject of to Section the 12(4) of the Act.Finance in accordance withOrdnance section Finance Survey 11 under Ireland of Section Act the 12(2) 2001 subject to requirements the of SectionChairperson 12(4) under of section the Finance 36(2) Act. inPublic of accordance Service the with Management section (Recruitmentand 11 Appointments Agency of Act) (Amendment) the 2004, Actconsulted having 2000. with the MinisterEnvironment, for Heritage the & Ordnance Local SurveyGovernment, section Ireland the 36(2) Act Minister of 2001 ordinary for theChildren members Health Public and of and Service the the Minister boardEquality for under and Justice, Law Reform. Management (Recruitment and Heritage & Local Appointments Government, Act) the 2004, Minister having consulted with (Recruitment the and for Minister Appointments Health Act) for and 2004. the Children Environment, and the Minister for Justice, Equality and Law Reform.The Name of Body Statutory process by which the Chairman is Statutory Process by which the Members are Legislative basis governing the Financial Services Consultative Consumer Panel In accordance with Section 57CX of theFinancial Services Appeals Tribunal In accordance with Section 57CX of the Central Bank Act In 1942 accordance (as with section 57D ofState the Claims Central Agency Policy Committee In accordance with sections 57D andOrdnance 57E Survey of Ireland Central Bank Act AppointmentBoard 1942 made of (as by the the Public Minister Appointments for Service Appointments The made Minister by for the Finance Minister appoints for the Appointment made by the Minister for National Treasury Management The Minister for Finance appoints the seven Appointment made by the Minister for Public Service Management Ordnance Survey Ireland Act 2001 1559 Questions— 16 November 2006. Written Answers 1560

[Mr. Cowen.] Fund ment Disabled pment Finance Act shareholder in An PostCompany, National An Lottery Post isfour entitled directors, to including nominate theappointment. chairman The for other membersnominated are by the Minister of Finance.) Schedule 2 of the Valuation Act, 2001. Treasury Management Agency was appointed the Manager ofsection the 21(2) Fund of under thethe Act date for the ten Commission years was from established). appointed appointed appointments Schedule 2 of theManagement National Agency Treasury Act 1990. Part 1 of Schedule 2 of the National Treasury Management Agency Act 1990. Finance Act 2002, theOfficer Chief of Executive the NationalManagement Treasury Agency is exChairperson officio of NDFA Section 12 of theNational Development Finance Act 2002 2002 for Finance under SectionLottery 14 Act, of 1986 the National Finance under Section 14 of the National for Finance Lottery under Act, Section 1986of 12 (As the and the Valuation Schedule majority Act, 2 2001. as occasion requires by the Minister for Finance as provided for in Section 12 and appointed by the Ministermembers from of among the the CommissionChief (other Executive than of the themanaging organisation the fund.) underthe section National 7(6) the Pensions of Minister of Reserve2000. for the Fund Finance National Act under Pensions section Reserve 7(3) Fund Act the National Pensions Reserve 2000. Act automatically Fund The 2000. a is Chief member Executive of of the theManager Commission of under section 7(7) of the Act (the National nomination of the MinisterChildren for under Health the and DisabledDisabled Drivers Passengers and (Tax Concessions)Regulations, 1994 nomination of the Minister for Children Health under and the Disabled Disabled Drivers Passengers and (Tax Concessions) Passengers (Tax Concessions) Regulations, 1994 Regulations, 1994 Name of Body Statutory process by which the Chairman is Statutory Process by which the Members are Legislative basis governing the Committee appointed by the Minister under Part 1 of appointed by the Minister for Finance under Agency Act 1990. National Treasury Management Agency Advisory The Chairperson of the Committee isNational Pensions Reserve fund Commission The The members Chairperson of of the the Advisory Commission Committee is are National Treasury Manage Appointments to the CommissionNational are Development made Finance by Agency (NDFA) National Pensions Reserve Under section 12(3) of National DevelopmentAn Post Appointed National by Lottery the Company Minister for Finance under National Develo The ChairpersonDisabled is Drivers appointed Medical by Board the of Minister Appeal Six directors are appointed by the Minister for Valuation Appointed Tribunal by the Minister for Finance on the Appointed by the Minister for Finance on the Disabled Drivers and The Chairperson is appointed by the Minister The Members are appointed from time to time Valuation Act, 2001. 1561 Questions— 16 November 2006. Written Answers 1562

Tax Code. these in RAPID and CLA´ R designated areas for the same periods. [38417/06] 103. Mr. Wall asked the Minister for Finance if the tax affairs of a person (details supplied) in Minister of State at the Department of Health County Kildare are in order; if the person is due and Children (Mr. B. Lenihan): As the Deputy a tax rebate, in view of the fact that the person is will appreciate child care is a very diverse and being taxed as a single person and is now married; complex sector of the economy encompassing a and if he will make a statement on the matter. range of services including sessional services such [38461/06] as playgroups, Naı´onraı´, Montessori Schools and Steiner Kindergartens; full day care services in nurseries and cre`ches; childminding and services Minister for Finance (Mr. Cowen): I have been for children of school going age outside of usual advised by the Revenue Commissioners that the school hours and during school holidays. In this person concerned has been contacted and advised regard information is not readily available in the of the information necessary to establish whether format requested by the Deputy. a tax refund may be due to her for the year 2006. However, comprehensive statistics are avail- The person has also been provided with infor- able on the activities of services supported under mation to assist her and her spouse with regard the Equal Opportunities Childcare Programme to the methods of taxation available to them as a 2000-2006. This Programme has been a central married couple for the year 2007 onwards. pillar of the Government’s Childcare Strategy over the period and has contributed to the steady Child Care Services. expansion of services for parents engaged in edu- cation, training or employment. The following 104. Mr. Bruton asked the Minister for Health table sets out the total number of places in and Children the number of child care places pro- services supported under the Programme, the vided by year end of 2004, 2005 and to date in total number of new places created under the 2006, for the equivalent period in 2005 and a fore- Programme and the new places created in cast for year ending 2006; and the number of services in RAPID/CLA´ R designated areas.

Total No. Places in New Places Created New Places Created in Services Services Supported in Services Supported Supported under the Under the Under the Programme in RAPID/ CLA´ R Programme Programme Areas

No. Places No. Places No. Places

To end December 2004 46,514 24,636 7,676 To end June 2005 49,211 26,072 8,339 To end December 2005 52,960 29,215 8,768 To end June 2006 56,387 31,750 9,552

Health Services. she will to support the persons on this matter. [38271/06] 105. Mr. Ardagh asked the Minister for Health and Children if she will ask St. Michael’s Minister of State at the Department of Health Hospital, Du´ n Laoghaire and St. James’s and Children (Mr. T. O’Malley): The Deputy’s Hospital to liaise with each other to enable a per- question relates to the management and delivery son (details supplied) in Dublin 12 to be admitted of health and personal social services, which are to a nursing home. [38248/06] the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Minister of State at the Department of Health Department has requested the Parliamentary and Children (Mr. S. Power): The Deputy’s ques- Affairs Division of the Executive to arrange to tion relates to the management and delivery of have this matter investigated and to have a reply health and personal social services, which are the issued directly to the Deputy. responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department has requested the Parliamentary Services for People with Disabilities. Affairs Division of the Executive to arrange to 107. Mr. F. McGrath asked the Minister for have this matter investigated and to have a reply Health and Children if she will ensure that a per- issued directly to the Deputy. son (details supplied) in Dublin 5 with a disability receives proper and adequate speech and langu- 106. Mr. F. McGrath asked the Minister for age services and occupational therapy; if she will Health and Children if she will provide more res- put in place a long-term care plan; and if she will pite for persons (details supplied) in Dublin 4; if work with the family on this issue. [38272/06] 1563 Questions— 16 November 2006. Written Answers 1564

Minister of State at the Department of Health arrange to have the matter investigated and to and Children (Mr. T. O’Malley): The Deputy’s have a reply issued directly to the Deputy. question relates to the management and delivery of health and personal social services, which are Eating Disorders. the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my 110. Mr. Boyle asked the Minister for Health Department has requested the Parliamentary and Children the policy of her Department on providing health care and support services to suf- Affairs Division of the Executive to arrange to ferers of eating disorders; and the eating dis- have this matter investigated and to have a reply orders services offered to children and ado- issued directly to the Deputy. lescents in the Cork and Kerry area. [38328/06] 108. Ms McManus asked the Minister for 111. Mr. Boyle asked the Minister for Health Health and Children her views on the lack of and Children the eating disorders services offered speech therapy services in general; her further to adults in the Cork and Kerry area. [38329/06] views on the fact that a child with Down’s syn- drome has been told that it will be a year before 112. Mr. Boyle asked the Minister for Health they will receive access to a speech therapist and Children if a policy is being pursued and either through the Health Service Executive and resources are provided by her Department to privately; the steps she will take to tackle this allow family therapy services to be made avail- situation in view of the importance of speech able to sufferers of eating disorders. [38330/06] therapy to children with Down’s syndrome. [38301/06] 113. Mr. Boyle asked the Minister for Health and Children if it is the responsibility of the Minister of State at the Department of Health Health Service Executive south east to pay for and Children (Mr. T. O’Malley): The Deputy’s people from the Cork and Kerry area to avail of question relates to the management and delivery private care, that is, psychotherapy or a bed on a of health and personal social services, which are private eating disorders programme in St. the responsibility of the Health Service Executive Patrick’s Hospital, Dublin or St. John of God under the Health Act 2004. Accordingly, my Hospital, Stillorgan; the extent to which such Department has requested the parliamentary expenditure occurs; and the way persons can affairs division of the executive to arrange to have apply for this funding. [38331/06] this matter investigated and to have a reply issued directly to the Deputy. Minister of State at the Department of Health and Children (Mr. T. O’Malley): I propose to Health Service Staff. take Questions Nos. 110 to 113, inclusive, together. 109. Ms C. Murphy asked the Minister for The future direction and delivery of all aspects Health and Children the adjustments that have of our mental health services, including services taken place in health sector employment levels for persons with eating disorders, were con- each year since 2002; the number of clinical and sidered by the expert group on mental health non-clinical posts involved in these adjustments; Λ policy. The group’s report entitled “A Vision for the locations where new posts were created; the Change” was published in January 2006. The policy measures which instigated an increase in report has been accepted by Government as the employment levels in those years; if the 2002 basis for the development of a modern, high qual- Census of Population was a factor in determining ity mental health service over the next 7 to 10 need for increased employment numbers; and if years. she will make a statement on the matter. “A Vision for Change” acknowledges gaps in [38327/06] the current provision of mental health services for persons with eating disorders and makes several Minister for Health and Children (Ms Harney): recommendations for the further improvement of Approved employment levels for the health these services. Recommendations include support service have been adjusted since 2002 in line with for health promotion initiatives that encourage Government policy on public sector employment greater community and family awareness of eat- and also to take account of specific policy ing disorders, the further development of primary measures aimed at increasing service levels. It is and community care service and the provision of a matter for the Health Service Executive, as part a full multidisciplinary team in a national centre of its management of its employment ceiling, to for eating disorders for complex cases that cannot determine the appropriate staffing mix required be managed by local child and adolescent com- to deliver its service plan priorities. munity mental health teams. The Health Service Executive is the appro- The Health Service Executive has established priate body to consider the matter raised by the an implementation group to plan and manage the Deputy. My Department has requested the full implementation of “A Vision for Change”. parliamentary affairs division of the executive to An independent monitoring group has also been 1565 Questions— 16 November 2006. Written Answers 1566 established to monitor progress in implementing and Children the number of medical cards issued the report’s recommendations and will report to since April 2005, distinguishing between full me on an annual basis. medical cards and general practitioner only cards; Overall responsibility for the management and the number issued to date in 2006; and a forecast delivery of health and personal social services was for year ending 2006. [38413/06] assigned to the Health Service Executive under the Health Act 2004 and funding for all health Minister for Health and Children (Ms Harney): services has been provided as part of its overall In April 2005, 1,145,331 people held a medical vote. Therefore, the executive is the appropriate card. Information provided to my Department by body to consider the particular questions raised the Health Service Executive, HSE, indicates that by the Deputy. My Department has requested the as of 1 November 2006 there were 1,216,344 parliamentary affairs division of the executive to people with medical cards, which is 70,013 higher arrange to have the matter investigated and to than the April 2005 figure. On the same date a have a reply issued directly to the Deputy. further 42,026 people held GP visit cards. The HSE has indicated that it estimates that by the Appointments to State Boards. end of 2006 there will be approximately 1,220,000 114. Mr. Boyle asked the Minister for Health people with medical cards and approximately and Children the statutory processes involved in 50,000 people with GP visit cards. the appointment of chairs and members of non- departmental public bodies under the remit of Health Services. her Department and their legislative origin. [38344/06] 117. Mr. Bruton asked the Minister for Health and Children when Coovagh House, County Minister for Health and Children (Ms Harney): Limerick will be re-opened; and the reason for The statutory processes involved in the appoint- the continued delay in re-opening it. [38454/06] ment of chairs and members to the boards of bodies under the aegis of my Department are Minister of State at the Department of Health governed on an individual basis by the relevant and Children (Mr. B. Lenihan): The Deputy’s establishing legislation for the body concerned. A question relates to the management and delivery document detailing the legislative provisions for of health and personal social services, which sta- the appointment of chairs and members to the tutorily are the responsibility of the Health boards of all such bodies is being prepared and Service Executive under the Health Act 2004. will be forwarded to the deputy when complete. Accordingly, the Department has requested the parliamentary affairs division of the executive to Health Service Staff. arrange to have this matter investigated and to have a reply issued directly to the Deputy. 115. Mr. McGinley asked the Minister for Health and Children when the agreed pay rise to health care chaplains will be awarded; and if she Appointments to State Boards. will make a statement on the matter. [38355/06] 118. Mr. Boyle asked the Minister for Communications, Marine and Natural Resources Minister for Health and Children (Ms Harney): the statutory processes involved in the appoint- More than 120,000 people work full-time or part- ment of chairs and members of non-departmental time in our public health services. In recent years, public bodies under the remit of his Department the Government’s ongoing high level of invest- and their legislative origin. [38336/06] ment in health has achieved and maintained sig- nificant increases in the numbers of doctors, Minister for Communications, Marine and nurses and other health care professionals Natural Resources (Mr. N. Dempsey): In the time employed in the public health services. The available, it has not been possible to identify and Government has also invested heavily in the edu- assemble the information requested. My Depart- cation and training of such personnel in order to ment is compiling the data sought and I will secure a good supply of graduates to provide for the health care needs of the population into the revert to the Deputy when I am in a position to future. issue a final reply. The Health Service Executive is the appro- priate body to consider the matter raised by the Communications Masts. Deputy. My Department has requested the 119. Mr. J. Breen asked the Minister for parliamentary affairs division of the executive to Communications, Marine and Natural Resources arrange to have the matter investigated and to if the recommendations of the All-Party Commit- have a reply issued directly to the Deputy. tee on Mobile Phone Masts and their proximity to residential areas and facilities will be Medical Cards. implemented; and if he will make a statement on 116. Mr. Bruton asked the Minister for Health the matter. [38354/06] 1567 Questions— 16 November 2006. Written Answers 1568

Minister for Communications, Marine and The Department also offered funding assist- Natural Resources (Mr. N. Dempsey): Legis- ance for smaller towns and rural communities lation or regulation in relation to planning issues through the Group Broadband Scheme. The is a matter for the Minister for the Environment, scheme is technology-neutral, allowing the com- Heritage and Local Government in the first munity to select the most suitable broadband instance. The Interdepartmental Committee on delivery platform for the area. To date, over 160 the Health Effects of Electromagnetic Fields, set projects have been approved for funding under up in September 2005, is at an advanced stage this Programme. The most recent call for pro- in its consideration of the policy issues regarding posals has now closed and the question of a potential health effects, if any, and is taking due further round of financial assistance is under con- consideration of the recommendations of the sideration. Joint Committee on Communications, Marine The following projects were approved under and Natural Resources. the group broadband scheme for the Cork south An expert group of independent national and west area and these are now operational. international scientific and medical experts, com- • Castletownbere missioned by the interdepartmental committee, is currently finalising its report and will shortly sub- • Carrigadrohid mit it to the interdepartmental committee. That • Glengarriff, Bantry, Schull and Ballydehob committee will then quickly finalise its recom- mendations and report to the Government. • Mount Gabriel • Castletown, Bengour and Greenville Telecommunications Services. • Ardfield and Rossmore 120. Mr. J. O’Keeffe asked the Minister for • Castletownshend. Communications, Marine and Natural Resources the towns and village in Cork south west which There are a number of platforms for delivery of presently have access to wired broadband. broadband, my Department operates a dedicated [38406/06] website, www.broadband.gov.ie, where potential broadband customers can ascertain the avail- Minister for Communications, Marine and ability of services in their area. Natural Resources (Mr. N. Dempsey): The pro- vision of telecommunications services, including Decentralisation Programme. wired broadband, is a matter in the first instance 121. Mr. J. O’Keeffe asked the Minister for for the private sector companies operating in a Communications, Marine and Natural Resources fully liberalised market, regulated by the inde- if, in relation to decentralisation to Clonakilty pendent Commission for Communications Regu- and the decision to relocate 13 higher executive lation, ComReg. The role of Government is to officer posts to Clonakilty, all such posts have implement regulatory and infrastructure policies been filled; if it is possible to accommodate to support the private sector developing a com- HEOs who wish to job share; and if such possi- petitive, affordable, and innovative market that bilities exist at the moment. [38407/06] offers choice of products and providers to Irish consumers and businesses. Minister for Communications, Marine and However, it has been clear for some time that Natural Resources (Mr. N. Dempsey): A total of the sector has failed to invest at the level neces- 14 full-time equivalent higher executive officer sary to keep pace with the demand for broad- posts were advertised on the central applications band. My Department’s regional broadband facility, CAF, to decentralise to Clonakilty. To programme is addressing the infrastructure deficit date, 12 first place priority CAF applicants have by building high-speed open access broadband accepted decentralisation offers from my Depart- networks, in association with the local and ment to relocate to Clonakilty. The remaining regional authorities, in the major towns and cities. posts will be filled by full-time or work-sharing These Metropolitan Area Networks (MANs) will decentralisation applicants in accordance with the allow the private sector to offer world-class CAF rules. broadband services at competitive costs. The net- works offer towns opportunities to attract inward Appointments to State Boards. investment in advanced technology and know- 122. Mr. Boyle asked the Minister for Foreign ledge based enterprises. Affairs the statutory processes involved in the Twenty-seven MANs have been completed appointment of chairs and members of non- under the first phase and are currently being departmental public bodies under the remit of his managed by ENet, the Management Services Department and their legislative origin. Entity. The second phase extends the programme [38343/06] to over 90 towns with a population of 1,500 and above that do not have a satisfactory broadband Minister for Foreign Affairs (Mr. D. Ahern): offering from the private sector. There are four bodies of this type under the aegis 1569 Questions— 16 November 2006. Written Answers 1570 of my Department, only one of which was estab- ACCESS. Under the first ACCESS scheme, lished by statute. The Fulbright Commission was introduced in 2001, \45.7 million was allocated established under the Educational Exchange for the development of 44 arts and cultural facili- (Ireland and the United States of America) Act ties around the country. The increase in the avail- 1991. The role and function of the Fulbright ability of facilities and the enhancement in their Commission is to finance study, research, teach- quality have greatly increased access to and par- ing and other educational activities between ticipation in the arts for a great many people. Ireland and the United States of America. In July last I announced a new capital funding Section 3 of the Act sets out the statutory pro- scheme — ACCESS II. This new scheme will cess for the appointment of members to the provide grant aid towards the development of board. The Board of the Commission comprises arts and culture infrastructure around the country eight members: four members from Ireland and over the years 2007-2009. The scheme is intended four from the US, appointed respectively by the to provide a further impetus to the development Minister for Foreign Affairs and the US of arts and culture facilities, thereby enhancing Ambassador to Ireland. Members serve for a two the quality of life for our citizens. Eligible facili- year term and are eligible for re-appointment for ties will include integrated arts centres, theatres not more than three further consecutive terms. and galleries, as well as arts studios and creative Three other bodies under the remit of my and performance spaces. While the intention is to Department have been established to provide prioritise the enhancement and maintenance of advice on specific issues. The Dı´on Committee existing facilities, there will also be provision was established in 1984 and is based in the under the terms of the scheme to support new Embassy of Ireland in London. The committee’s build projects. Applications for ACCESS II are function is to advise the Minister for Foreign being accepted until 17 November 2006. Affairs on applications for funding from organis- The principal source of non-capital state fund- ations that support our emigrants in Britain, as ing for the arts is the Arts Council, which, well as on issues of interest and concern to the although funded by my Department, is indepen- Irish community. dent in its day-to-day operations. The Advisory Board for Irish Aid was estab- lished in August 2002 following a recommend- National Archive. ation in the Report of the Ireland Aid Review Committee, published in February 2002. The 124. Ms C. Murphy asked the Minister for Arts, board works closely with the Government’s Sport and Tourism if the process of designing a Official Development Assistance programme, brief has commenced in relation to a new purpose Irish Aid, in order to maximise the quality, effec- built National Archive; if a target date has been tiveness and accountability of the programme. set for the delivery of such a new facility; the The Development Education Advisory Com- arrangements he will make in the interim for the mittee, DEAC, was established in 2003, also on overflow of material in the current national the recommendation of the Ireland Aid Review archive; and if he will make a statement on the Committee. The function of the committee is to matter. [38322/06] offer policy advice to the Minister for Foreign Affairs and to the responsible Minister of State Minister for Arts, Sport and Tourism (Mr. on development education and on ways of O’Donoghue): The outline brief and schedule of increasing knowledge and understanding of requirements for a new building for the National development issues in Ireland. Archives has been completed. It is too early to say when any new facility will be delivered. Some Arts Funding. additional accommodation was made available for archival storage at Bishop Street in 2005. 123. Mr. Bruton asked the Minister for Arts, Other options for providing additional accom- Sport and Tourism the amount of moneys from modation are at present under consideration. his Department or from agencies under the con- trol of his Department which are made available Appointments to State Boards. to local community based art groups to promote wider participation in the arts; the priority within 125. Mr. Boyle asked the Minister for Arts, budgets being given to measures to promote com- Sport and Tourism the statutory processes munity participation compared to moneys to pro- involved in the appointment of chairs and mote elite performance; and if he will make a members of non-departmental public bodies statement on the potential for new policy instru- under the remit of his Department and their legis- ments to support community participation. lative origin. [38335/06] [38255/06] Minister for Arts, Sport and Tourism (Mr. Minister for Arts, Sport and Tourism (Mr. O’Donoghue): The bodies under the remit of my O’Donoghue): The main vehicle for capital fund- Department are, in the main, statutory bodies or ing through my Department is the Arts & Culture companies limited by guarantee. Appointments Capital Enhancement Support Scheme, of their chairs and members are made in line with 1571 Questions— 16 November 2006. Written Answers 1572

[Mr. O’Donoghue.] employees, having due regard to the nature of the the provisions of the relevant legislation or Mem- work being performed. orandums and Articles of Association under The Employment Equality Acts 1998 and 2004, which they were established. administered by the Department of Justice, Details of all of these bodies are listed in my Equality and Law Reform, protect against dis- Department’s Statement of Strategy 2005-2007 crimination on the grounds of age, and on other which is available on my Department’s website. grounds, in relation to access to employment. If there is any information in relation to the pro- However, the Acts do permit an employer to cesses in specific cases which the Deputy wishes decide on a retirement age in a particular employ- to obtain I would be happy to provide same. ment without being in breach of the age-discrimi- nation provisions of the above-mentioned 126. Mr. J. O’Keeffe asked the Minister for equality legislation. Arts, Sport and Tourism his views on the fact that Terms and conditions of employment, includ- west Cork, which is one of the premier tourist ing proposed changes to such terms and con- areas in the country, is not represented on the ditions, are determined in the main by a process board of Fa´ilte Ireland; and the steps he will take of voluntary collective bargaining between the to remedy the situation. [38405/06] employers and employees or their representa- tives. The State facilitates the bargaining process Minister for Arts, Sport and Tourism (Mr. by providing a framework and institutions O’Donoghue): The National Tourism Develop- through which good industrial relations can pros- ment Authority Act 2003 limits the membership per. Institutions are in place that can assist in the of the authority to 13. In making appointments to resolution of disputes between employers and the authority, my objective has been to ensure workers such as the Labour Relations Com- a broad representation of industry interests and mission, including its Rights Commissioner business expertise and experience, rather than Service, and the Labour Court. representation from particular geographical Disputes that arise in relation to provisions in areas. I believe that this is the correct approach contracts of employment may concern matters of given the authority’s wide-ranging, national remit contract law. Advice on contract law, if required, and I am very pleased with the calibre of those should be obtained from a legal professional. who have been willing to accept such appointments. Appointments to State Boards. 128. Mr. Boyle asked the Minister for Compulsory Retirement. Enterprise, Trade and Employment the statutory 127. Mr. F. McGrath asked the Minister for processes involved in the appointment of chairs Enterprise, Trade and Employment if his atten- and members of non-Departmental public bodies tion has been drawn to the fact that some people under the remit of his Department and their legis- are being forced to retire at 65 years of age at lative origin. [38340/06] companies (details supplied) despite the fact that their immediate bosses and staff want them to Minister for Enterprise, Trade and Employ- remain; and the action he will take on the ment (Mr. Martin): The information requested by matter. [38321/06] the Deputy, which is included in the following table, refers to Bodies or Agencies that come Minister of State at the Department of under my Department’s remit and which are Enterprise, Trade and Employment (Mr. funded by my Department, but which are statu- Killeen): There is no compulsory retirement age torily independent of the Department in the in employment rights legislation. Generally such execution of their day-to-day functions. legislation describes an employee as “a person of I should also say that under Delegation of Min- any age who has entered into or works under (or, isterial Functions Orders, responsibility for mak- where the employment has ceased, entered into ing a number of the appointments, which fall to or worked under) a contract of employment”. In be made by the Minister for Enterprise, Trade & some employments, a “normal retirement age” Employment have been delegated to my col- exists for that employment only. In such cases, league Ministers of State in the Department. This the normal age of retirement tends to be approxi- delegation of functions does not, however, alter mately 65 years of age but can be above or below the modalities of how these appointments are that, thus giving flexibility to employers and made. 1573 Questions— 16 November 2006. Written Answers 1574 ct Act, 3 and sasex- ´ s, with the 2003. ´ s itself, Enterprise ´ officio Members. (Paragraph 2(3);2nd 1st Schedule, schedule, Industrial 1 DevelopmentParagraph (4); Act 13(5) (1993), of and the(Science Industrial Foundation Development Ireland) Act (2003)). Ireland, the Industrial DevelopmentDirector-General Authority of and Science the Foundationautomatically Ireland appointed are to the board of Forfa the Civil Service Commissioners Act, 1956 Chief Executive Officers of Forfa Enterprise, Trade & Employment the prescribed accountancy bodies under Section 6(2) of the Act 1 Member is nominated and appointed by3 the Members Minister are of nominated jointly by agreement9 among Members are nominated by designated bodies as set out s under consent of the Minister of Finance under Paragraph ´ appoints the Chair followingselection a process competition held and underthe Sections Civil 15 Service and Commissioners 17 Act, of 1956 appoints the Civil Members, Service having Commissioners being following advised a by competition the and selection process held under Sections 15 and 2002 17 of Trade & Employment underCompany Section Law 69(2) Enforcement of Act the 2001appoints the Chair Enterprise, of Tradepowers the & conferred Board Employment by of under theActs Forfa Section Industrial 1993-2003, 69(2) Development Paragraphs 2Schedule. (6), (7), of the 1st 2001 of the 2(5), Company 1st Law Schedule, Enforcement Industrial Act Development 2001 Acts 1993- 2003. Under the Industrial Development Acts 1998-2003, the accordance with Section 11(1)Companies & (Auditing (2) and of Accounting) the Act 2003. Accounting) Act 2003. Section 11(1) and (2) of the Companies (Auditing and with the consent of the Minister for Finance, appoints Members to the Board of Forfa Trade & Employment, withMinister the for consent Finance, of underIndustrial the Section Development 9 (Enterprise (5) Ireland)1998. of Act, theTrade & Employment, Industrial Enterprise, with Development TradeMinister the (Enterprise & for consent Ireland) the Employment, Finance, of Act, Minister with underFirst the 1998. for the Section Schedule Finance, consent 2 of under of (6) the Section1993. of Industrial 9 the Development (4) Act of the (Enterprise Ireland) Act, 1998. Enterprise, Trade First & Schedule the Employment, of Minister with the for the Industrial Finance, consent Development under of Act Section 1993. 2 (5) of the Name of Body/Office Statutory process for appointing Chair Statutory process for appointing the Members Legislative origin s The Minister for Enterprise Trade and Employment, The Minister for Enterprise, Trade & Employment Industrial Development Acts 1993- ´ Supervisory Authority (IAASA) Minister for Enterprise, Trade & Employment in Enterprise, Trade & Employment in accordance with Accounting) Act 200 Competition AuthorityIrish Auditing The and Minister Accounting for Enterprise, Trade & Employment The Chair is nominated The and Minister appointed for by Enterprise, the Trade & Employment The Section Board 35Company of of Law Directors the Review are Competition Group appointed by the Minister for CompaniesForfa (Auditing The Chair is appointed by the Minister for Enterprise, The Members are appointed by the Minister for Company Law Enforcement A Enterprise IrelandIDA Ireland The Chair is appointed by the Minister for Enterprise, The Board Members are appointed by the Minister for The Industrial Chair Development is appointed by the Minister for Enterprise, The Members are appointed by the Minister for Industrial Development Act 1993. 1575 Questions— 16 November 2006. Written Answers 1576

[Mr. Martin.] thority of pany Limited rt ate Body that exchequer funding is made Ireland Act, 1996. of Chairs, but doessubject provide to that relevant the Companyare company Law. made is Appointments in accordanceArticles with 73 the to provisions 87of of and Association. 94 Essentially, of thisMinister the provides for company’s subject that Enterprise, Articles to the Trade Boardmakes relevant & Members, such Company Employment but appointments Law does after asthe provide consultation outlined Minister that with across. for the Finance companySport and provisions is Appointments and the of are Tourism. Minister Articles made Articles for 73 in of Arts, to accordance Association. 87 with Essentially, and the this 94 provides of the Act, makes that the Minister 1959. such company’s for appointments Enterprise, after Minister Trade consultation for & with Finance Employment the and the Minister for Arts, Sport and Tourism. Crafts Sector in 1973company and limited is by a guaranteecapital. not-for-profit without It share is, therefore,procedures not regarding a the statutory appointmentmembers body of are and board set outArticles under of its Association. Memorandum ByDepartment and agreement and with in the recognitionreceives of from and the the four grant-in-aid State otherMinister it via members appoints Enterprise to the Ireland, the Chairpersonmembers the fifteen-member and to Board. four the other fifteen-memberMinister Board. and While the the Departmentpowers do with not regard have established toprovided statutory under the on statute, Council, the given funding basisenterprise is that development the functions Council forsector undertakes the in Crafts line with its strategy. available via to Enterprise the Ireland Crafts Council each of year, Ireland in may order appoint to 5 support the members crafts to industry, the the Board Minister of Crafts Council Ireland of including the Chairperson under (a)-(d) Section of 37 the Memorandum and Crafts Council of Articles Ireland of Limited. Association of the National Standards Authority of Ireland Act, 1996. provisions of the National Standards Authority of Name of Body/Office Statutory process for appointing Chair Statutory process for appointing the Members Legislative origin Development Company Limited provide any statutory process for the appointment any statutory process relating to the appointment of Development Com Ireland appoints the Chair under the provisions of the appoints the Members of the Authority under the Ireland Act 1996. Crafts Council of Ireland The Crafts Council of Ireland was established by the As outlined across, the Minister appoints the Chairperson While not a St National Standards Authority The Minister forShannon Enterprise, Free Trade Airport & Employment The Minister for Enterprise, Trade & Employment The legislation establishing the company does not National Standards Au The legislation establishing the company does not provide Shannon Free Airpo 1577 Questions— 16 November 2006. Written Answers 1578 the Board of InterTradeIreland. As a result ofthe the Northern suspension Ireland of Assembly in October 2002, the North/South Ministerial Council cannot meet. As athe consequence British-Irish Agreements have been amended. The amendments provide that during the period of suspensionNorth/South of Ministerial the Council, the British and Irish Governments take joint decisions, when appropriate, on matters relating to InterTrade Ireland and the other North/South Implementation Bodies. accordance with the interimmaking Ministerial procedures decision- that currentlyto apply the in North/South relation ImplementationTourism Bodies Ireland and Limited. Inprocedures accordance the with Minister appointed these for inEmployment, Enterprise accordance decision-making along Trade with procedures. with and the In aGovernment, interim accordance Minister is Ministerial with of responsible these the forChair UK Employment, procedures appointing of along the the InterTradeIreland. with Minister The afor for statutory Minister appointing Enterprise process of Government, the Trade the is Chair andInterTradeIreland UK responsible of is Irish for the Agreement, set Agreement appointing Board 1998, out Act,Agreement the of the in 1999, Act Members British- the 1999, British–Irish asIrish of amended InterTradeIreland Agreement the by is (Amendment) process Board the set Act, for of British- including out 2002. appointing InterTradeIreland. InterTradeIreland. in the The the Members statutory British-Irish of established the six Board North/South of Agreement Implementation (Amendment) Bodies Act, 2002. Agreement Act 1999, ordinarily as The consists amended Board of by of twelve the InterTradeIreland Members, British-Irish six of whom are nominated by the South and six by the North. There are currently eleven Members on Name of Body/Office Statutory process for appointing Chair Statutory process for appointing the Members Legislative origin InterTrade Ireland The Chair of InterTradeIreland is appointed in The Members of the Board of InterTradeIreland are also Arising from the Good Friday 1579 Questions— 16 November 2006. Written Answers 1580

[Mr. Martin.] ment (Science velopment Act, 1998. Ireland are governed byDevelopment statute (Science under Foundation the Ireland)2003 Industrial Act and are madeexperience on and the skills basis for ofThe of Enterprise, the issues the Trade individuals of relevant & concerned. gendereducation Employment, balance, expertise as industrial are outlined column and also in 2,consideration. higher taken with The into the Minister consent forEmployment of Enterprise, designates and the Trade one Science. Minister & Member Theas for of Minister the Finance, nominates the following for Chair. a Board consultation Education person with and Foundation for the Science Ireland) appointment Minister Act to for 2003 the Education Board Sections also. (1) to (7) – Board of Foundation with the Companies Acts.Chairs The of appointment the of CEBsMemorandum is and governed Articles by ofBoard. the Association At of the each Firsteach Meeting Annual of General the Meetingfrom Board the amongst following Directors themselves elect governed aLocal by person, Authority the Board other Representative, Memorandum consists than to and ofCompany a be Articles representatives and categories Chair of from of — of a the localabsence the number Board authority of of of elected Farmers’ the Directors. representatives, organisation ChairCompany In representatives, at or the ICTU, any the meeting Board,elect of the Association persons from the IBEC/CIF, Members of involved amongst the present each in themselvesChair State shall Board. small a of Development The business, person that Agencies Membership community to meeting. and ofDevelopment act Section each Act, as 10 1995 of granted organizationsstatutory the the or recognition. Industrial a CEBs local Each Member formal economic CEB ofcompany development. operates the limited Where as Board, by a a that guaranteeMemorandum Member and and by shall has Articles a be its Member of new replaced formerof individual from Association, Member Member. Accounting one Manual from The Procedures Employment of the Minister and may theAgreement same for an at above with category Enterprise, Operating any categories the as Trade time ceases are Minister the and & alter to eligible for Employment. or be for Enterprise, vary election Trade the of the as Board. persons, category Members bodies or or nominated organisations to from whom persons Name of Body/Office Statutory process for appointing Chair Statutory process for appointing the Members Legislative origin County Enterprise Boards (CEBs) The CEBs are established as companies in accordance The appointment of Board Members of the CEBs is also Industrial De Science Foundation Ireland Appointments to the Board of Science Foundation The Members of the Board are appointed by the Minister Industrial Develop 1581 Questions— 16 November 2006. Written Answers 1582 946; Act, 1967 nd Welfare at ations Act, 1990. representative of employees asEnterprise, the Trade Minister & for Employment,appropriate, considers representative of employers asEnterprise, the Trade Minister & for Employment,appropriate, considers Enterprise, Trade & Employmentappropriate, considers which shall includethe one Department person under from whoseAuthority auspices operates. the and 5 of theprovide Fourth that Schedule the of employers’appointed the and shall 1990 workers’ be Act Members nominatedas by the such Minister organisations forEmployment Enterprise, determines Trade to & beemployers representative and of of trade unions of workers. Redundancy Payments Act, 1967,the as Members amended. are 36 nominatedTrade of by Unions the and Irish theemployer Congress remaining bodies of 36 for by appointment various by the Minister. • 3 persons are nominated by such organisations • 5 persons are nominated as the Minister for Trade & Employment, afterorganisations consultation as with the such Ministerrepresentative considers of to workers be and of employers. Act, 2005, states that, of the ordinary Members of the Authority: • 3 persons Work are Act, nominated 2005 by such organisations appoints the chair underRedundancy Section Payments 39 Act, of 1967, the as amended. Employment Appeals Tribunal under section appoints 39 the of vice-chairmen the and Members of the as amended. Trade & Employment, underIndustrial Section Relations 10(3) Act, of 1946.AppointmentsDeputy the as Chairmen by theTrade Minister & for Employment Enterprise, areSection provided 4(1) for and under Trade 4(4)Act, & of 1969 Employment the and upon Industrial (workers’ Section nominationRelations Relations Member) 8(3) by Act, and of ICTU 1976. under IBEC the either (employers’ industrial Section Member) 10(4) or 10(5) of the Industrial Relations Act, 1946. Industrial Relations Industrial Act, Relations 1976. Act, 1969; Trade & Employment, afterorganisations consultation as with the such Ministerrepresentative considers of to workers be andParagraph of 2 employers, of under theIndustrial Relations Fourth Relations Act Schedule Act 1990 of 1990. states the that, of the • ordinary two shall be workers’ Members Members; of the Commission— • two shall be employers’ Members • two shall be nominated by the Minister.Paragraphs 4 Name of Body/Office Statutory process for appointing Chair Statutory process for appointing the Members Legislative origin Health and Safety Authority The Chair is appointed by the Minister for Enterprise, Section 37 of the Safety, Health and Welfare at Work Safety, Health a Labour CourtEmployment Appeals Tribunal The Chair is appointed by the Minister The for Minister Enterprise, for Enterprise, Trade Members & are Employment, appointed by the Minister for Enterprise, The Minister forLabour Enterprise, Relations Trade Committee & Industrial Employment, Relations Act, 1 The Chair is appointed Redundancy by Payments the Minister for Enterprise, Paragraph 3 of the Fourth Schedule of the Industrial Industrial Rel 1583 Questions— 16 November 2006. Written Answers 1584

[Mr. Martin.] juries Assessment S employee Members are ´ S employee Members, a representative of the ´ representatives from employer (4),education, trade social union welfare (4), andFA youth interests (3),Minister two for Finance andMinister two for representatives Enterprise, of Tradeeducation the and and Employment. social The welfareafter Members consultation are with selected theScience Minister and for the Education Ministerrespectively. and for The Social FA andappointed Family following Affairs, election by FAS staff. provisions of Section 58Assessment of Board the Act Personal 2003. Injuries the provisions of Section 56 of the Personal Injuries Assessment Board Act 2003. Trade and Employment inprovisions accordance of with Part the IServices of Act the 1987. Schedule to the Labour Enterprise, Trade and the Employment provisions in of accordance Part with I of the Schedule to the Labour of 2005 Services Act 1987. There are 16 ordinary Members: Name of Body/Office Statutory process for appointing Chair Statutory process for appointing the Members Legislative origin S The Chair is appointed by the Minister for Enterprise, The Members are appointed by the Minister for Labour Services Act, 1987; SI 528 Board Trade & Employment, in accordance with the Enterprise, Trade & Employment, in accordance with Board Act 2003. ´ FA Personal Injuries Assessment The Chair is appointed by the Minister for Enterprise, Members of the Board are appointed by the Minister for Personal In 1585 Questions— 16 November 2006. Written Answers 1586

Pension Provisions. Minister for Social and Family Affairs (Mr. Brennan): The supplementary welfare allowance 129. Mr. F. McGrath asked the Minister for scheme is administered on behalf of the Depart- Social and Family Affairs if he will instigate pro- ment by the community welfare division of the cedures urgently against employers that are clos- Health Service Executive. ing off all existing pension schemes to new employees and introducing an inferior scheme; Under the terms of the supplementary welfare and if he will support the rights of these allowance scheme, a recipient of a social welfare workers. [38269/06] or Health Service Executive payment who has exceptional heating costs due to ill health or infirmity can apply to their local community wel- Minister for Social and Family Affairs (Mr. fare officer for a special heating supplement. In Brennan): The provision of occupational pen- addition, legislation also provides for a single sions in Ireland is on a voluntary basis and payment — known as an exceptional needs pay- depends on the willingness of employers to con- ment — to be made to help meet essential, once- tribute to and maintain schemes for their off exceptional expenditure. employees. Traditionally, such schemes were organised on a defined benefit basis. However, in The Dublin/ Mid Leinster Area of the Execu- recent years defined benefit provision has been tive have advised that the person concerned has under pressure because of volatility in the stock made no application for an exceptional needs markets and increasing liabilities arising from payment or a heating supplement in 2006. The demographic pressures, low interest rates, Executive has forwarded an application form and increasing wage costs that translate into higher supporting information to the person concerned in order that she can make an application for benefits and regulatory requirements. New assistance. accountancy standards, which make pensions liabilities transparent on a company’s balance sheet, are also contributing to the pressures under Pension Provisions. which defined benefit schemes are now operating. 131. Ms Enright asked the Minister for Social A drift from defined benefit to defined contri- and Family Affairs if there are proposals to give bution schemes is now apparent, even in cases people on a pro-rata contributory pension the where firms are very profitable. This is, in my same increases as recipients of the contributory view, a regrettable development. However, at this pension; and if he will make a statement on the stage, further regulation would only serve to add matter. [38275/06] to the pressures on defined benefit provision and could be counter productive. Minister for Social and Family Affairs (Mr. As the House is aware, the Government has Brennan): In order to qualify for the maximum committed to producing a Green Paper on pen- rate of the state pension (contributory) a person sions as part of the social partnership agreement must, amongst other qualifying conditions, Towards 2016. The Green Paper will outline the achieve a yearly average of at least 48 contri- major policy choices, the challenges in this area butions paid or credited on his/her social and the views of the social partners. insurance record. Reduced pensions are paid to Also, as part of this agreement, the Pensions those with yearly averages as low as 10 contri- Board has been asked to research benefit design butions and arrangements are also in place for options in the occupational pensions area and to the payment of pro-rata pensions to those with examine current design issues in both defined mixed rate insurance records or contributions benefit and defined contribution arrangements, from other EU member status or countries with with a view to producing guidance as to designs which Ireland has a reciprocal agreement. The which encompass the positive elements of each range of reduced payments has been expanded arrangement while adjusting the costs and risks over the years to allow more people to qualify for to the parties involved. a contributory pension. It is my intention to produce the Green Paper Reduced rate or pro-rata pensions are paid as by the end of March next year. A consultation a percentage of the full rate payment and, in process will follow this and the Government will order to ensure that the relationship between the respond to these consultations by developing a various rates is maintained, Budget increases are framework for comprehensively addressing the also applied on a pro-rata basis. Applying the full pensions agenda over the long-term. budgetary increase to those with reduced pay- ments would erode the differentials which exist Social Welfare Benefits. and which are intended to reflect broadly the level of contribution which a person has made to 130. Mr. Durkan asked the Minister for Social the social insurance fund. and Family Affairs if he will facilitate an excep- tional needs payment for the purchase of heating oil in the case of a person (details supplied) in Social Welfare Benefits. County Dublin; and if he will make a statement 132. Ms Shortall asked the Minister for Social on the matter. [38444/06] and Family Affairs if credits can be backdated on 1587 Questions— 16 November 2006. Written Answers 1588

[Ms Shortall.] In general, changes to insurability of employ- the record of a person (details supplied) in ment are not backdated and the same principle Dublin 11 for the purposes of calculating State was applied to the homemaker’s scheme in 1994. pension entitlement, for periods, prior to the However, a review of the homemaker’s scheme introduction of carer’s allowance or benefit, when and other issues relating to social welfare pen- that person was forced to leave the workforce to sions is taking place in the context of the forth- care for an adult dependant; if, in these circum- coming Green Paper on pensions, to which the stances, the number of years counted in calculat- Government is committed as part of the new ing pension entitlement can be reduced by the social partnership agreement, Towards 2016. At number of years spent caring for an adult this stage it is planned to publish the Green Paper dependant; if not his views on extending entitle- by the end of March next year. A consultation ment in this regard in the next Social Welfare Act process will then take place and the Government in view of the discriminatory impact of the cur- will publish a framework for future pensions rent provisions on carers and particularly women; policy later next year. and if he will make a statement on the matter. [38312/06] Appointments to State Boards. 133. Mr. Boyle asked the Minister for Social Minister for Social and Family Affairs (Mr. and Family Affairs the statutory processes Brennan): One of the qualifying conditions for involved in the appointment of chairs and state pension (contributory) requires a person to members of non-Departmental public bodies have a yearly average of 10 paid or credited con- under the remit of his Department and their legis- tributions from 1953 or from the date of entry lative origin. [38346/06] into insurance (whichever is the later) to the end of the last complete contribution year before Minister for Social and Family Affairs (Mr. reaching pension age. In order to qualify for the Brennan): The five statutory agencies operating maximum rate a yearly average of 48 contri- under the aegis of my Department are the Pen- butions is required. sions Board, the Combat Poverty Agency, Comh- The person concerned was awarded state pen- airle, the Family Support Agency and the Social sion (contributory) at 75% of the maximum rate, Welfare Tribunal. which is based on a yearly average of 16 contri- butions. According to my Department’s records, Pensions Board she received carer’s allowance from 1990 until The chairperson and members of the Pensions July 1994 when the person being cared for died. Board are appointed by way of Ministerial order Credits could not be awarded for the duration of in accordance with the provisions of Section 9(2) the carer’s allowance claim as more than 2 years and the First Schedule of the Pensions Act 1990 had elapsed since the person concerned had last (as amended). The First Schedule sets out the paid social insurance contributions. In line with composition of the Board. the Government’s commitment to ensuring that as many people as possible qualify for pensions Combat Poverty Agency in their own right, a number of measures have The chairperson and members of the Combat been introduced over the years which make it Poverty Agency Board are appointed by me easier to qualify for contributory pensions. One under Sections 6 and 7 of the Combat Poverty of these is the reduction in the yearly average Agency Act, 1986. The Act does not provide for a nomination process. number of contributions required for pension purposes from 20 to 10 and the person concerned Comhairle has benefited from this improvement. Members of the Board of Comhairle are The homemaker’s scheme introduced by my appointed by me under Section 9 of the Comh- Department in 1994 protects the social welfare airle Act, 2000. The Act provides that the Board pension rights of those who take time out of the shall consist of 20 members and that the ordinary workforce for caring duties. This scheme allows members of the Board shall include one officer up to 20 years from 1994 onwards spent caring for of my Department, 5 members representative of children or incapacitated adults to be disregarded people with disabilities and one member of the when a person’s social insurance record is being staff of the Board elected by the staff. averaged for pension purposes. The scheme will not of itself qualify a person for a pension as the Family Support Agency standard qualifying conditions, which require a Section 10 of the Family Support Agency Act, person to enter insurance 10 years before pension 2001 states that the Board of the Agency shall be age, have a minimum of 260 paid contributions appointed by me and shall consist of 12 members, and achieve a yearly average of at least 10 contri- including a chairperson, persons with an interest butions on their record from the time they enter or expertise in matters relating to the functions insurance until they reach pension age must also of the Agency, an officer of my Department and be satisfied. an elected member of staff of the Agency. 1589 Questions— 16 November 2006. Written Answers 1590

Social Welfare Tribunal The IAA has informed me that legislation All members of the Social Welfare Tribunal relating to the regulation of helicopters can be are appointed by me under Section 333(3) of the viewed on their web site www.iaa.ie. Social Welfare (Consolidation Act). The Tribunal consists of a chairman and four ordinary Road Safety. members, two on the nomination of ICTU and 135. Mr. Deenihan asked the Minister for two nominated by IBEC. Transport if his attention has been drawn to the threat of the Voluntary Driving Instructors’ Air Services. Register of Ireland to boycott the new Road 134. Mr. Carey asked the Minister for Trans- Safety Authority’s Register of Driving Instructors port the agency within the remit of his Depart- should their members not be automatically ment which has responsibility for monitoring the included on the new RSA Register; and if he will frequency, routes, height and flight path of heli- make a statement on the matter. [38305/06] copters and the way residents can have their con- cerns addressed; and if he will make a statement Minister for Transport (Mr. Cullen): The Road on the matter. [38289/06] Safety Authority is responsible for registering driving instructors. A consultation document Minister for Transport (Mr. Cullen): The Irish published jointly by my Department and the RSA Aviation Authority (IAA) is the agency within last May set out proposals for the registration of the remit of my Department which is the desig- driving instructors and invited submissions to be nated body responsible for overseeing the made by the 8 September. These submissions are operating standards of aircraft, including being considered by the RSA. helicopters. I have been advised by the IAA that all air- Road Network. craft, including helicopters, operating within the 136. Mr. Bruton asked the Minister for Trans- ‘Dublin Control Zone’ i.e. Greater Dublin Area, port if, in view of his statement that 19 of the past are subject to an air traffic control service pro- 20 road projects have come in on budget revers- vided by Dublin Air Traffic Control (ATC). This ing the previous experience, he will list for each airspace is classified and designated as Class C of the 20 projects, the kilometres of road in each airspace and air traffic control clearances are case of different road categories, and the com- issued by ATC to all aircraft operating within this pleted cost; and if he will provide the same infor- airspace — Rules 26 to 29 of S.I. No. 72 Irish mation in respect of the 20 previous road pro- Aviation Authority (Rules of the Air) Order, jects. [38319/06] 2004 refers. Individuals may contact the Authority directly Minister for Transport (Mr. Cullen): A list of with any concerns regarding safety matters aris- the last twenty road projects referred to by the ing from helicopter operations in their areas. Deputy is as follows.

2004

M7 Heath / Mayfield (Monasterevin By- Kildare County Council Motorway 17.5 km Pass) N8 Cashel By-Pass South Tipperary County Dual 6.8 km Council N26 Ballina — Bohola Ph 1 Mayo County Council Single 4.7 km M50 Wyatville Interchange Du´ n Laoghaire Rathdown Co. Interchange Council

2005

M1 Dundalk Western Bypass (PPP) Louth County Council Motorway 11 km M4 Kilcock — Kinnegad (PPP) Westmeath County Council Motorway 39 km

N4 McNeads Bridge — Kinnegad Westmeath County Council Dual Carriageway 5 km N4 Sligo Relief Road Sligo County Council Dual Carriageway 5 km

N6 Loughrea Bypass Galway County Council Single 4 km

N21 Tralee / Ballycarthy Kerry County Council Single 3 km N22 Gortatlea / Farranfore Kerry County Council Single 4 km 1591 Questions— 16 November 2006. Written Answers 1592

[Mr. Cullen.]

2006

N2 Finglas / Ashbourne Meath County Council Dual 17 km N7 Naas Road Widening Kildare County Council Dual 15 km N8 Rathcormac / Fermoy Cork County Council Motorway 18 km N8/N73 Mitchelstown Relief Road Cork County Council Single 4 km N15 Ballyshannon / Bundoran Donegal County Council Single 11 km N21 Castleisland / Abbeyfeale Kerry County Council Single 7 km N25 Kinsale Road Interchange Waterford County Council — N30 Enniscorthy / Clonroche Wexford County Council Single 5 km (Moneytucker) N55 Cavan Bypass Cavan County Council Single 3 km

Public Transport. services within the State. Bus services provided by Bus E´ ireann and Dublin Bus are not subject 137. Ms C. Murphy asked the Minister for to the provisions of the 1932 Act. However, both Transport the number of passenger licences Companies are required by Ministerial direction granted to public transport providers, including under the Transport Act 1958 to notify my Dublin Bus and private bus operations, for both Department of proposed new services or pro- new routes and amendments to existing routes in posed changes to existing services and require my the Greater Dublin Area in each year from 2002 consent where a service competes with an existing to 2005; and if he will make a statement on the authorised service by another operator. matter. [38333/06] The number of notifications from Dublin Bus and Bus E´ ireann for new routes or alterations to Minister for Transport (Mr. Cullen): I refer the existing routes in the Greater Dublin Area Deputy to my reply to her question on the 8th finalised in the years 2002, 2003, 2004 and 2005 November, 2006, in which I stated that in accord- are shown in the following table. Also shown are ance with the Road Transport Act, 1932 private the numbers of passenger licences issued in the operators are licensed to operate coach and bus same years to private bus operators for new routes or amendments to existing licensed routes.

2002 2003 2004 2005

Notifications from Dublin Bus for new routes 2 4 4 4 Notifications from Dublin Bus for amended routes 11 69 72 45 Notifications from Bus E´ ireann for new routes 1 5 10 3 Notifications from Bus E´ ireann for amended routes 8 11 5 5 Licences issued to Private Operators for new routes 6 9 14 4 Licences issued to Private Operators for amended routes 3 6 8 15

Appointments to State Boards. Minister for Transport (Mr. Cullen): Appoint- 138. Mr. Boyle asked the Minister for Trans- ments to the Boards of State-Sponsored Bodies port the statutory processes involved in the are made in accordance with the provisions set appointment of chairs and members of non- out in the legislation establishing the bodies con- Departmental public bodies under the remit of cerned. The following table sets out the relevant his Department and their legislative origin. legislative provisions in respect of the relevant [38347/06] State-Sponsored Bodies under the aegis of my Department.

State Body Act Section

CIE Transport Act 1950 Section 6 Bus E´ ireann, Dublin Bus & Iarnro´ dE´ ireann. Transport (Reorganisation of CIE) Act, 1986 Section 11 Dublin, Cork and Shannon Airport Authorities Air Navigation and Transport (Amendment) Act Sections 22 & 29 1998 Road Safety Authority Road Safety Authority Act 2006 Section 14 & 15 National Roads Authority Roads Act 1993 Section 28 Medical Bureau of Road Safety Road Traffic Act, 1968, Part V. Section (37(3)) Railway Procurement Agency Transport (Railway Infrastructure) Act 2001 Sections 20, 21 & 23 1593 Questions— 16 November 2006. Written Answers 1594

State Body Act Section

Dublin Transportation Office Dublin Transportation Office (Establishment) S.I. No. 289 of 1995 Order 1995 Commercial State Port Companies The Harbours Act 1996 Section 17(3)(a) Irish Aviation Authority Irish Aviation Authority Act 1993 Section 17

Public Transport. Light Rail Projects. 139. Mr. Bruton asked the Minister for Trans- 141. Mr. Bruton asked the Minister for Trans- port when integrated ticketing will be in place in port when construction on the LUAS to Cherry- Dublin city. [38427/06] wood will commence. [38429/06]

Minister for Transport (Mr. Cullen): The posi- Minister for Transport (Mr. Cullen): I signed tion in relation to the Integrated Ticketing pro- the Railway Order for the Luas extension to ject in my response to Parliamentary Question Cherrywood on 14 August 2006. However, as the Numbers 7 and 13 on 2nd November 2006. Deputy may be aware, a third party subsequently sought leave in the High Court to challenge the I await proposals, due at the end of this month, grant of this Order by way of judicial review and from the Integrated Ticketing Project Board in the matter is now before the courts. relation to scope, timelines and a definitive The scheduled completion date for this project budget for the phased completion of the inte- was 2010; every effort will be made, subject to grated ticketing project. the outcome of the current legal proceedings, to ´ Dublin Bus, Bus Eireann and Irish Rail cur- minimise the impact of the latter on this rently have in place a range of integrated fares timetable. and tickets which allow transfer between their services. In addition, there are also other inte- Rail Network. grated tickets which allow transfers with Luas services. 142. Mr. Bruton asked the Minister for Trans- port when construction on the four tracking of the Kildare mainline route will commence. Rail Network. [38430/06] 140. Mr. Bruton asked the Minister for Trans- port when construction on the proposed Central Minister for Transport (Mr. Cullen): I refer the Dublin railway station will commence. Deputy to my reply of the 8 November 2006 to [38428/06] Question 241. The position remains the same.

Minister for Transport (Mr. Cullen): An Community Development. important feature of the overall rail development 143. Ms Enright asked the Minister for Com- plans included in Transport 21 is the development munity, Rural and Gaeltacht Affairs if there will of an integrated network, which will enable pass- be changes regarding the selection of schools to engers to transfer between suburban rail, be included in the CLA´ R areas; and if he will METRO and LUAS at a number of interchange make a statement on the matter. [38256/06] stations. The St Stephen’s Green Station will be a key interchange point enabling transfer between Minister for Community, Rural and Gaeltacht LUAS, METRO NORTH and suburban rail. Affairs (E´ amon O´ Cuı´v): In early April I The Railway Procurement Agency (RPA) and announced new measures under the Cla´r Prog- Irish Rail have established good working ramme in the existing CLA´ R areas and an exten- relationships to ensure that the optimum level of sion into parts of five new counties (Wicklow, integration is achieved in the design, construction Carlow, Laois, Kilkenny and Offaly). This brings and operation of the two elements of the project. the total number of counties now covered by the Subject to an enforceable Railway Order, the Programme to 23. scheduled commencement date for the construc- In order for a school to be eligible to qualify tion of the Metro North element of the St. for any of the CLA´ R measures the school must Stephen’s Green Station is 2009, with a com- be located in a District Electoral Division ´ pletion date of 2012. (D.E.D.) designated as a CLAR area. There are no plans at the moment for further expansion of Work has commenced on the design of the sub- ´ urban rail Interconnector, including design of the the areas covered by the CLAR Programme. interchange with Metro at St. Stephen’s Green. Construction of the Interconnector is scheduled Appointments to State Boards. to commence in 2010, subject to An enforceable 144. Mr. Boyle asked the Minister for Com- Railway Order, with a view to completion in munity, Rural and Gaeltacht Affairs the statutory 2015. processes involved in the appointment of chairs 1595 Questions— 16 November 2006. Written Answers 1596

[Mr. Boyle.] 145. Mr. Boyle asked the Minister for Agri- and members of non-Departmental public bodies culture and Food the statutory processes involved under the remit of his Department and their legis- in the appointment of chairs and members of lative origin. [38337/06] non-Departmental public bodies under the remit of her Department and their legislative origin. Minister for Community, Rural and Gaeltacht [38334/06] Affairs (E´ amon O´ Cuı´v): In the case of U´ dara´s na Gaeltachta, section 6(2) (as amended by Minister for Agriculture and Food (Mary section 3(1) of the U´ dara´s na Gaeltachta Coughlan): The appointment of Chairman and (Amendment) (No. 2) Act 1999) of the U´ dara´s members of the Board of An Bord Bia are made na Gaeltachta Act 1979 provides that the Mini- by the Minister in accordance with Section 14 of ster will appoint the Chairperson and two the An Bord Bia Act 1994 to 2004. Appointments members to the board while the remaining 17 are made by Warrant signed by the Minister. board members will be elected by the Gaeltacht community. Sections 6(2A) and 6(2B) (as Teagasc: inserted by section 3(1) of the U´ dara´s na Gael- The First Schedule of the Agriculture tachta (Amendment) (No. 2) Act 1999) of the (Research, Training and Advice) Act, 1988 pro- U´ dara´s na Gaeltachta Act 1979 further provide vides for the appointment by the Minister of the that the person appointed as chairperson shall not Chairman and 10 ordinary members to the have stood as a candidate in the last election and Teagasc Authority. The Act provides that: that he or she shall have such special skills or experience as the Minister considers appropriate (a) the Minister nominates 5 of the ordinary having regard to the functions of U´ dara´s. members on the basis of their knowledge or Commissioners of Charitable Donations and experience of agriculture, agricultural research, Bequests for Ireland: education, food processing, the food processing The Charities Act 1961 outlines the procedure industry or the management of commercial in place for the appointment of the chairperson enterprises. and the Board members of the Commissioners of (b) the other 5 ordinary members are nomi- Charitable Donations and Bequests for Ireland. nated by outside organisations that are rep- Section 8(1) states that “the Government shall resentative of persons engaged in agriculture or appoint persons to be members of the Board the promotion or development of the agricul- from time to time as occasion requires” and 8(5) tural industry. states that “...as occasion requires, the Board shall appoint a member of the Board to be the National Stud: Chairman of the Board...” The Minister, after consultation with the Mini- ster for Finance, appoints the Chairman and An Foras Teanga: Directors of the Irish National Stud. The procedures in relation to the appointment The National Stud Act, 1976, provides that the of the board of the North South Language Body, number of Directors (including the Chairman) An Foras Teanga (comprising Foras na Gaeilge and the Ulster Scots Agency) are set out in the shall not be less than three or more than seven. British-Irish Agreement Act 1999 (paragraphs 2.1 Coillte Teoranta: to 2.8 inclusive of Part 5 of Annex 2 to the Schedule). The legislative basis for appointments to the Board of Directors of Coillte Teoranta is Section The Western Development Commission: 15 of the Forestry Act 1988 (Number 26 of 1988). The Western Development Commission Act The Chairman and other Directors are appointed 1998 provides that the Minister will appoint the by the Minister, with the consent of the Minister Chairperson and 11 ordinary members, with the for Finance. consent of the Minister of Finance. The legis- Section 15 (2) specifies that the number of lation further provides that the chairperson and directors (including the Chairman) shall be not ordinary members will hold office for a period of more than 9 and that each director (including the 3 years from the date of his or her appointment. Chairman) shall be appointed for a period not exceeding five years and shall be eligible for Dormant Accounts Board: reappointment. The Chairperson and members of the Dormant Accounts Board are appointed by the Minister Veterinary Council of Ireland: for Community, Rural and Gaeltacht Affairs in Veterinary Council of Ireland was established accordance with Section 32 of the Dormant under the Veterinary Practice Act 2005. Accounts Acts 2001 to 2005. The statutory processes for appointment of For the avoidance of doubt, appointments to members are specified in Section 16 of the Act, boards of non-statutory bodies under the aegis of while appointment of the chair (styled as ‘Pres- my Department have been dealt with in my reply ident’ under the Act) is specified in paragraph 16 to question number 38 of 9 November 2006. of Schedule 2 to the Act. 1597 Questions— 16 November 2006. Written Answers 1598

Animal Remedies Consultative Committee: provided an indicative breakdown of the poten- The statutory processes for the appointment of tial allocation of the aid to be followed by Green- the Animal Remedies Consultative Committee core in preparing its restructuring plan, including are provided for in Section 3(2) of the Animal a figure of \28.4m for employee redundancy pay- Remedies Act 1993 and SI 175 of 1994, as ments. This figure as well as others in the amended by SI 175 of 2004. It has been the prac- Government decision was based on information tice that on each occasion the Committee meets, previously supplied by Greencore. These it elects a chair from among the members present. decisions are now the subject of judicial review proceedings instituted by Greencore in the High National Milk Agency: Court. The legislative grounding of the Board is con- tained in the Milk (Regulation of Supply) Acts, School Staffing. 1994 to 1996. The appointment of the Chair is reserved to the Minister. The Minister shall also 148. Ms Enright asked the Minister for Edu- appoint those members nominated by processor, cation and Science the position in relation to a distributor, retail and consumer interests. school (details supplied) in County Kerry where Representatives of producers are elected by due to staff shortages teachers are teaching exam the producers themselves. subjects for which they are not qualified; and if she will make a statement on the matter. [38263/06] Grant Payments. 146. Mr. Naughten asked the Minister for Agri- 150. Ms Enright asked the Minister for Edu- culture and Food when a decision will be made cation and Science the position in relation to a on the 2006 national reserve application by a per- school (details supplied) in County Kerry which son (details supplied) in County Roscommon; asked parents or guardians to make a voluntary and if she will make a statement on the contribution to pay for the recruitment of physi- matter. [38456/06] cal and art teachers in the school; and if she will make a statement on the matter. [38265/06] Minister for Agriculture and Food (Mary Coughlan): The person named submitted an Minister for Education and Science (Ms application for an allocation of entitlements from Hanafin): I propose to take Questions Nos. 148 the 2006 Single Payment Scheme National and 150 together. Reserve under Category A. Category A caters for Teacher allocations to second level schools are farmers who inherited land or received land free approved annually by my Department in accord- of charge or for a nominal sum from a farmer ance with established rules based on recognised who had retired or died by 16 May, 2005 and who pupil enrolment. Each school management auth- had leased out his/her holding to a third party ority is required to organise its time-table and during the reference period 2000 to 2002. subject options having regard to pupils needs The position is that processing of the 2006 within the limit of its approved teacher allocation. National Reserve applications will commence The rules for allocating teaching resources shortly and the intention is to make allocations to provide that where a school management auth- successful applicants at the earliest opportunity. ority is unable to meet its curricular commitments A formal letter outlining my Department’s within its approved allocation, my Department decision on the National Reserve will issue to the will consider applications for additional short person named as soon as his application has term support i.e. curricular concessions. been processed. An application for curricular concessions was received from the school referred to by the 147. Mr. Nolan asked the Minister for Agri- Deputy and the school in question was allocated culture and Food if she will reconsider the pack- an additional 1 wholetime equivalent teacher age of compensation which was announced for post. An independent appeals mechanism is avail- the Greencore group as a result of the cessation able to school authorities who wish to appeal the of sugar production here; and if she will make a adequacy of their teacher allocation. This school statement on the matter. [38457/06] availed of this appeals mechanism and were allo- cated a further .5 wholetime equivalent teacher Minister for Agriculture and Food (Mary post. The decision of the Appeals Committee is Coughlan): The compensation referred to is the final. As the Appeals Committee operates inde- EU restructuring aid for the sugar industry, which \ pendently of my Department in taking its in Ireland’s case is worth 145m approx. The aid, decisions, you will appreciate that it would not be as provided for in Council Regulation (EC) No. appropriate to intervene in any such decision. 320/2006, is to cover the economic, social and It is a fundamental principle of the Free Second environmental costs of restructuring the sugar Level Education Scheme that no charge be made industry involving factory closure and renunci- in respect of:— ation of quota. In July 2006 the Government decided on the percentage of the aid to be (a) instruction in any subject of my Depart- reserved for beet growers and contractors and ment’s Programme for Secondary Schools; 1599 Questions— 16 November 2006. Written Answers 1600

[Ms Hanafin.] cated in the reply to Parliamentary Question No. (b) recreation or study facilities where all 1444 of 27 September 2006; and if she will make pupils are expected to avail themselves of them a statement on the matter. [38266/06] as part of the school programme. Minister of State at the Department of Edu- (c) any other activity in which all pupils are cation and Science (Miss de Valera): I should required to take part. explain that, in order to be eligible for free trans- Accordingly, it would be a breach of my Depart- port under the terms of the Primary School ment’s policy for post-primary schools involved Transport Scheme, children must live at least 3.2 in the Free Second Level Education Scheme to kilometres from, and be attending, their nearest demand or levy a fee. However, voluntary contri- national school or gaelscoil. This family were butions by parents, or charges for optional extras deemed ineligible for school transport to the over and above what is provided for in the school referred to by the Deputy in the details general school programme, are permissible pro- provided, as they reside nearer to another school vided that it is made absolutely clear to parents in the area. Bus E´ ireann has assured my Depart- that there is no question of compulsion to pay ment that it has measured the distance in accord- and that, in making a contribution, they are doing ance with normal operational procedures. so of their own volition. Services for People with Disabilities. Special Educational Needs. 152. Mr. F. McGrath asked the Minister for 149. Ms Enright asked the Minister for Edu- Education and Science if he will support a club cation and Science if there are proposals to (details supplied) in County Dublin with main- change the cut off point for qualification for stream funding in order to assist children and resource assistance for dyslexic students; and if adults with disabilities. [38267/06] she will make a statement on the matter. [38264/06] Minister for Education and Science (Ms Hanafin): I wish to inform you that my Depart- Minister for Education and Science (Ms ment does not provide direct funding to organis- Hanafin): My Department has given a very high ations, such as the Junior Club referred to by the priority to the provision of resources to address Deputy. The organisation may wish to approach the learning difficulties of children with low levels the Department of Social and Family Affairs, of achievement in reading such as those referred which operates a Family Services Project. to by the Deputy. As the Deputy is aware, my Examples of activities funded under this Prog- Department implemented a general allocation ramme including parenting projects for very system in all primary schools with effect from the young lone parents, support programmes for start of the 2005/2006 school year. The general families of disabled persons and family support allocation scheme is designed to ensure that each for Travellers on its website. school has learning support/resource teaching support available to meet the needs of children School Funding. with high incidence special needs including dyslexia. 153. Ms Enright asked the Minister for Edu- Second level pupils with dyslexia are normally cation and Science the capitation fees granted to integrated into ordinary classes. In such a school with an attendance of between 100 and situations, they may receive additional tutorial 150 pupils; the position in relation to schools support from the remedial/learning support whose capitation fees do not cover their costs; if teacher, guidance counsellor and subject teachers. additional funding is available for schools to My Department allocates additional teacher sup- provide caretakers and secretaries; and if she will port and special needs assistant support to second make a statement on the matter. [38268/06] level schools and Vocational Education Commit- Minister for Education and Science (Ms tees to cater for pupils with special educational Hanafin): Primary schools’ running costs are met needs, including, where appropriate, pupils with by my Department’s scheme of capitation grants. dyslexia. I have no plans to change the current These grants are intended to contribute towards criteria for accessing additional resource teaching the general operating costs of schools which support for students with dyslexia. would include heating, lighting, cleaning, Question No. 150 answered with Question insurance, painting, teaching aids and other mis- No. 148. cellaneous charges. The primary school capitation grant has been increased substantially in recent years. Since 1997 the standard rate of capitation School Transport. grant has been increased from \57.14 per pupil to 151. Ms Enright asked the Minister for Edu- \145.58 with effect from 1st January, 2006. cation and Science if she received a response Schools with between 100 and 150 pupils would from Bus E´ ireann regarding a review of the receive a capitation grant based on these rates. situation to the provision of school transport to a This represents an increase of almost 155% in the school (details supplied) in County Kerry as indi- standard rate of capitation grant since 1997. 1601 Questions— 16 November 2006. Written Answers 1602

Furthermore enhanced rates of capitation year from 2002 to 2006; and if she will make a funding are paid in respect of children with statement on the matter. [38290/06] special educational needs who attend special schools or special classes attached to mainstream Minister of State at the Department of Edu- schools. The current rates range from \400.00 to cation and Science (Miss de Valera): The \619.50 per pupil. The standard rate of capitation Youthreach Programme is an Inter-Departmental grant is paid to all primary schools except Gael- initiative which provides two years integrated scoileanna located outside of Gaeltacht areas education, training and work experience to young which receive an additional \25.39 per pupil over people aged 15-20 years who are at least six and above the standard rate grant. months in the labour market and who have left The capitation grant is in addition to the Ancil- school early without any qualifications or lary Services Grant which provides additional vocational training. funding for primary schools towards the cost of The programme funded by my Department is secretarial and caretaking services. The standard delivered in out of school centres and is managed rate of grant per pupil under the scheme was by Vocational Education Committees (VECs). increased from \102 per pupil in 2002 to the cur- There are a total of ninety Youthreach Centres rent rate of \139 per pupil. Schools with between managed by the VEC sector throughout the 100 and 150 pupils would receive the Ancillary country. Overall, there are about 6,500 places Services Grant based on these rates. available nationally at present, 3,200 of which are There have also been significant improvements in the VEC sector and the remainder in Com- in the level of funding for voluntary secondary munity Training Centres under the Department schools in recent years. Since January 2005, the of Enterprise, Trade and Employment. standard per capita grant has been increased by Basic skills training, practical work training and a cumulative \24 per pupil and now stands at general education are features of the programme, \298 per pupil. In addition, secondary schools and the application of new technology is inte- have also benefited from grants introduced under grated into all aspects of programme content. The the School Services Support Fund initiative. programme provides a strong emphasis on per- Under this initiative, a minimum payment grant sonal development, on the core skills of of \40,688, based on 200 pupils, is paid to schools literacy/numeracy, communications and IT, along with 200 pupils or less. This payment brings over- with a choice of vocational options such as Cater- all funding towards the running costs including ing, Hairdressing, Computers, Woodwork, Pho- secretarial and caretaking provision in the case of tography, Video, Sports, Art and craft and a work a school with 150 pupils to \85,388 per annum. experience programme. This Government has shown a strong commit- Funding provided by my Department for ment to improving school funding in recent years Youthreach from 2002 to 2006 is as follows: and I will continue to prioritise this area in the context of available resources. \ 2002 38,142,683 Psychological Service. 2003 38,024,023 154. Mr. Stagg asked the Minister for Edu- 2004 44,645,204 cation and Science the additional schools to be 2005 45,334,433 covered in 2006 in county Kildare under the NEPS service. [38278/06] The expenditure by my Department for Youthre- \ Minister for Education and Science (Ms ach in 2006 is estimated to be in excess of 46 Hanafin): The Deputy will be aware that all million. primary and post primary schools have access to psychological services either directly from the Literacy Levels. National Educational Psychological Service of my 156. Mr. Quinn asked the Minister for Edu- Department or through the Scheme for Com- cation and Science the funds which have been missioning Psychological Assessments (SCPA) allocated to the proposed family literacy project; whereby the school can have an assessment if targets have been set for the project; the way carried out by a member of the panel of private they will be measured; when it is expected that psychologists which is approved and paid for by the project will be implemented; and if she will NEPS. I attach for the Deputy’s information a list make a statement on the matter. [38291/06] of six schools in Co. Kildare which are assigned directly to NEPs psychologists in 2006 additional Minister of State at the Department of Edu- to the schools so covered in September 2005. cation and Science (Miss de Valera): The national adult literacy services are delivered by the Departmental Funding. Vocational Education Committees with funding 155. Mr. Quinn asked the Minister for Edu- provided by my Department. The disbursement cation and Science the amount of funding pro- of adult literacy funds is a matter for each VEC, vided by her Department to Youthreach in each which, subject to its budget, decides the nature of the service to be provided in its area and the man- 1603 Questions— 16 November 2006. Written Answers 1604

[Miss de Valera.] doing, guide the teaching and learning process in ner in which the funds should be spent. In a very meaningful way. addition to the standard service, some VECs use At classroom level, information from standard- some of their funds to provide specially-targeted ised tests can be particularly useful in informing literacy programmes, including family literacy. individual and group teaching. A major educational inclusion action plan Standardised tests also have an important role called “Delivering Equality of Opportunity in to play at the level of the whole school. They Schools” (DEIS) was launched in 2005. Recog- provide valuable information for teachers, princi- nising the vital role of parents and other family pals and boards of management when engaging members in children’s literacy development, a in self-evaluation, a vitally important stage in new family literacy project has been initiated as planning the development and improvement of part of the DEIS action plan. The project will the individual school. build on previous experience in this area and will These are the reasons why I believe that be implemented on a phased basis. It will be standardised testing, as one of a range of modes based on a partnership approach involving of assessment and carried out on a systematic interested parties in the area of family literacy. basis, has real potential to enhance the quality of The operational details of the project are being teaching and learning for our pupils at classroom formulated at present in my Department. The level, and to provide valuable information for project will come into operation during the cur- parents about their children’s learning. rent academic year. I intend to make standardised testing at the end Funding for the Family Literacy project under of first class, or the beginning of second, and at DEIS is as follows: the end of fourth class, or beginning of fifth, a requirement. However, it is not my attention that Year Amount these test results will be collated on a national basis. Instead, the results will be retained at \ school level and be available to inspectors con- 2006/07 100,000 ducting evaluations. As I have indicated many 2007/08 200,000 times already, inspectors’ reports will not contain data that might facilitate school comparisons or 2008/09 500,000 the compilation of league tables. To meet the need for national data, I intend to introduce a separate programme of national Standardised Tests. monitoring. This will enable trend data on pupil 157. Mr. Quinn asked the Minister for Edu- achievement in different categories of school to cation and Science if, in regard to her address to be compiled using rigorously constructed samples the INTO conference on 18 April 2006, she will of schools. The outcomes of this process will be indicate the manner in which standardised tests used into monitoring the effectiveness of national inform policy making at national level by provid- policies and programmes. ing invaluable information regarding attainment It is not my Department’s intention to use test levels in schools here, or allow parents to judge results obtained during the national monitoring their child’s progress against the national norm in to compile school league tables. Neither will they view of the fact that her Department does not be used, as a stand-alone criterion, in the allo- collate the results of school tests; if her Depart- cation of resources to individual pupils or individ- ment intends to collate the results of all schools’ ual schools or in the measurement of the effec- standardised tests; and if she will make a state- tiveness of the teachers and schools that form ment on the matter. [38292/06] part of the samples. My Department is currently finalising the Minister for Education and Science (Ms arrangements for introduction of the introduction Hanafin): A standardised test measures how a of standardised testing as quickly as possible. pupil performs at the time of the test in relation to what is expected for a pupil of that age or class. School Transport. Test results can be used at school level to iden- 158. Mr. Naughten asked the Minister for Edu- tify pupils with learning difficulties at an early cation and Science further to Parliamentary stage so that support and interventions can be put Question No. 168 of 26 October 2006, the reason in place. While standardised tests do not indicate her Department has failed to make contact with the nature of a learning difficulty, they can be the family concerned which is at complete vari- used to flag potential difficulties and to prompt ance to her letter of 4 September 2006 and the further assessment. reply of 26 October 2006; her views on whether Also, an item by item analysis of the child’s this is an acceptable practice; the number of other performance on a standardised test can help a parents who were given such a commitment and teacher identify areas of particular difficulty for have yet to be contacted by her Department; the the child. Test results, therefore, when used with criteria for the establishment of a school trans- information gleaned from other assessment port service; the reason such a service can not be measures, can help teachers and parents with a put in place for the children in question when full picture of the child’s progress and, in so 1605 Questions— 16 November 2006. Written Answers 1606 others closer to the school are being provided vision being made for schools with a concentrated with a service; and if she will make a statement level of disadvantage, financial support will also on the matter. [38296/06] continue to be provided for other primary schools, not identified for inclusion in the DEIS Minister of State at the Department of Edu- initiative, where the level of disadvantage is cation and Science (Miss de Valera): In view of more dispersed. the nature of the transport arrangements avail- DEIS is designed to ensure that the schools able to the family in question my Department has serving the most disadvantaged communities continued to work closely with Bus E´ ireann if an benefit from the maximum level of support avail- effort to provide the family with a more suitable able. Schools which have not qualified for service. In the meantime, a letter is being issued inclusion in the DEIS initiative and which are to the family explaining the position. receiving additional resources, both human and financial, under pre-existing schemes and prog- School Staffing. rammes for addressing concentrated disadvan- tage, will retain these supports for 2006/2007. 159. Mr. McHugh asked the Minister for Edu- After that, schools will continue to get support in cation and Science if she will ensure that a school line with the level of disadvantage among their (details supplied) in County Galway retains the pupils. full time resource post currently in the school and As a result of the identification and review pro- increases the learning support to a full time post; cesses, 873 schools have been invited to partici- and if she will make a statement on the pate in the new Programme. These comprise 670 matter. [38297/06] primary schools (338 urban/town schools and 332 Minister for Education and Science (Ms rural schools) and 203 second-level schools. Hanafin): I am pleased to advise the Deputy that Grants due to the 670 Primary schools which the school in question now has a full time learn- are participating in the DEIS initiative will be ing support/resource teacher (LS/RT) post and a lodged to their schools’ bank accounts on 17 November 2006. This is in addition to payments full time resource teacher post based in the school \ for the current school year. totalling 1 million which issued to those schools in June 2006. Provision is also been made for the issue of grants in the case of the 203 Post Primary Schools Building Projects. schools which are participating in the initiative. 160. Mr. Neville asked the Minister for Edu- In addition, approximately another 2,000 cation and Science when funding will be provided schools will receive rates of grant assistance to for an extension to a school (details supplied) in assist them with their respective levels of dis- County Limerick. [38298/06] persed disadvantage, including those that are benefitting from previous schemes. Minister for Education and Science (Ms Hanafin): School Planning Section of my Depart- Appointments to State Boards. ment is in receipt of an application for the Small Schools Scheme 2007 from the school referred to 162. Mr. Boyle asked the Minister for Edu- by the Deputy. The closing date for this devolved cation and Science the statutory processes scheme was 27 October 2006. involved in the appointment of chairs and The application will be assessed by my officials members of non-departmental public bodies and publication of the list of successful applicants under the remit of her Department and their for the scheme will be published as soon as legislative origin. [38339/06] possible. Minister for Education and Science (Ms Hanafin): The statutory process involved in the Educational Disadvantage. appointment of chairpersons and members of 161. Mr. Quinn asked the Minister for Edu- bodies varies considerably, according the statu- cation and Science the grant assistance given to tory scheme. The following details relate to those schools not eligible for the school support prog- appointments which have a statutory basis. ramme to assist them with their respective levels The Deputy may wish to note that a number of of dispersed disadvantage; and if she will make a bodies operate on an administrative rather than statement on the matter. [38299/06] statutory basis, and they have not been included in the following table. The Deputy may also wish Minister for Education and Science (Ms to note that educational establishments, and their Hanafin): DEIS (Delivering Equality of Oppor- governing bodies, have not been included in this tunity in Schools), the new action plan for edu- reply. cational inclusion provides for a standardised The statutory process involved in the appoint- system for identifying levels of disadvantage and ment of certain categories of person or to a cer- a new integrated School Support Programme tain position within a public body includes the (SSP). The DEIS plan states that as well as pro- following: 1607 Questions— 16 November 2006. Written Answers 1608 r ster ) inister (4 of ation with the the Minister oot of owing nomination hom some are r for periods of office of by a number offollowing bodies. consultations The with Chairperson theEnterprise is Ministers Trade appointed for & by Agriculture Employment, the & Arts, Minister Food, Sport and Tourism Chairperson; Chairperson appointed by Government. following nomination from aCity number Council, of Minister bodies for such Health as and DIT, Children. Dublin by Government on recommendation of the Minister. following nominations from aorganisations.Chairperson number is of appointed bodies by and the Minister. by the Minister. nominees of various bodiestheir whilst profession others are elected by members of nominations from a numberIBEC, of ICTU) bodies and (CERT, someHETAC Teagasc, of and An whom FETAC). Foras, are Thefollowing ex-officio Chairperson consultations (the is with CEOs appointed theEnterprise of by Ministers Trade the for & Minister Agriculture Employment, & Arts, Food, Sport and Tourism nominations from a numberCPSMA, of IBEC, bodies JMB) and organisations (eg ASTI, nominated by various bodies.Minister Chairperson following is consultations appointed withFood, by the Enterprise the Ministers Trade for & Agriculture Employment, & Arts, Sport and Tourism (Amendment) Act 2005 2004 2004 up to 4 years. Board/Body Legislation Process by which person is appointed (HETAC) Institutions for Children) Finance Board(FETAC) Part 3 of the Commission to Inquire into Child Abuse whom are former residents of the institutions concerned (NCCA) (NQAI) Commission to Inquire into Child AbuseEducation (Former Residents of CertainFurther Education Commission and to Training Inquire Awards into Council Child Abuse Acts 2002 Residential to Institutions Qualifications 2005 Redress (Education Act and 2002 Training) as Act amended 1999 by Members appointed by theGrangegorman Government Development following Agency consult Chairperson and 8 ordinary Members appointed byHigher the Education M Authority 18 (HEA) Council members are appointed byHigher the Education Minister and on Training f Grangegorman Awards Development Council Agency Act 2005 Qualifications (Education and Training)National Act Educational 1999 Welfare Higher Board Education (NEWB) Authority Act 1971National Council Education for (Welfare) Curriculum Act and 2000 15 Assessment members, including Chairperson, are appointed Education 15 by Act CouncilNational the 1998 members Council Minister are for appointed Special by Education the (NCSE) Minister foll National Qualifications Authority of Education Ireland for Persons with Special Educational Needs Act 18 ordinary members, appointedResidential by Institutions Qualifications Government.Chairperson Redress (Education Council appointed Board and members Training)Residential are Act Institutions appointed 1999 Review by Committee the Ministe Special Education Appeals Board 11 ofState the Examinations 12 Commission ordinary Residential members Institutions of Residential Redress Board Institutions Acts are Redress 2002 appointed Acts 14Teaching and by 2002 Authority Council 2005 the and members Minister 2005 appointed by the Minister, of w Council Education and for Chairperson Persons are with appointed Special by Educational Chairperson the Needs and Chairperson Minister Act Committee and following members Board are Education members appointed Act are by 1998 appointed by the Chairperson Mini and Board members are appointed by the Ministe Teaching Council Acts 2001 and 2006 5 Commission members are appointed by Government 37 on Council nomination members are appointed by the Minister, of whom some are 1609 Questions— 16 November 2006. Written Answers 1610

The term ‘public body’ has not been taken to be this grant in each of the past five years; and if she understood as including educational institutions will make a statement on the matter. [38392/06] or bodies without a national remit. Minister for Education and Science (Ms Education Grants. Hanafin): I propose to take Questions Nos. 163, 166, 168, 195 and 199 together. 163. Mr. F. McGrath asked the Minister for The financial information requested by the Education and Science the full financial details of Deputy relating to the grants payable by this the basis on which the capitation grant is awarded Department to schools over the past five years to primary schools including details of minimum would involve an inordinate amount of adminis- or maximum limits attaching to the grant; the trative time to compile. The information relating dates during the past five years on which this to the basis for each grant will be compiled and grant was awarded by her Department to schools; provided to the Deputy by letter as soon as the rate at which the grant was awarded to possible. primary schools in each of the past five years; the overall amount expended by her Department on Grant Payments. this grant in each of the past five years; and if she will make a statement on the matter. [38356/06] 164. Mr. F. McGrath asked the Minister for Education and Science the full financial details of 166. Mr. F. McGrath asked the Minister for the basis on which the capitation grant post Education and Science the full financial details of primary is awarded to second level schools the basis on which the book grant for needy including details of minimum or maximum limits pupils is awarded to primary schools including attaching to the grant; the dates during the past details of minimum or maximum limits attaching five years on which this grant was awarded by her to the grant; the dates during the past five years Department to schools; and the rate at which the on which this grant was awarded by her Depart- grant was awarded to second level schools in each ment to schools; the overall amount expended by of the past five years; the overall amount her Department on this grant in each of the past expended by her Department on this grant in five years; and if she will make a statement on each of the past five years; and if she will make a the matter. [38359/06] statement on the matter. [38357/06]

168. Mr. F. McGrath asked the Minister for 176. Mr. F. McGrath asked the Minister for Education and Science the full financial details of Education and Science the full financial details the basis on which the ancillary services grant is of the basis on which the caretaker and secretary awarded to primary schools including details of school services support fund is awarded to second minimum or maximum limits attaching to the level schools including details of minimum or grant; the dates during the past five years on maximum limits attaching to the grant; the dates which this grant was awarded by her Department during the past five years on which this grant was to schools; and the rate at which the grant was awarded by her Department to schools; and the awarded to primary schools in each of the past rate at which the grant was awarded to second five years; the overall amount expended by her level schools in each of the past five years; the Department on this grant in each of the past five overall amount expended by her Department on years; and if she will make a statement on the this grant in each of the past five years; and if she matter. [38361/06] will make a statement on the matter. [38369/06]

195. Mr. F. McGrath asked the Minister for 179. Mr. F. McGrath asked the Minister for Education and Science the full financial details of Education and Science the full financial details of the basis on which the local authority library the basis on which the choirs and orchestras grant grant is expended by her Department; the dates is awarded to second level schools including during the past five years on which this grant was details of minimum or maximum limits attaching awarded; the rate at which the grant was awarded to the grant; the dates during the past five years in each of the past five years; the overall amount on which this grant was awarded by her Depart- expended by her Department on this grant in ment to schools; and the rate at which the grant each of the past five years; and if she will make a was awarded to second level schools in each of statement on the matter. [38388/06] the past five years; the overall amount expended by her Department on this grant in each of the 199. Mr. F. McGrath asked the Minister for past five years; and if she will make a statement Education and Science if there is an equivalent on the matter. [38372/06] scheme to the psychological test grant second level in operation at primary level; if so, the full 187. Mr. F. McGrath asked the Minister for financial details of the basis on which the grant is Education and Science the full financial details of awarded to schools including details of minimum the basis on which the home economics ingredi- or maximum limits attaching to the grant; the ents grant is awarded to second level schools overall amount expended by her Department on including details of minimum or maximum limits 1611 Questions— 16 November 2006. Written Answers 1612

[Mr. F. McGrath.] expended by her Department on this grant in attaching to the grant; the dates during the past each of the past five years; and if she will make a five years on which this grant was awarded by her statement on the matter. [38386/06] Department to schools; and the rate at which the grant was awarded to second level schools in each 194. Mr. F. McGrath asked the Minister for of the past five years; the overall amount Education and Science the full financial details of expended by her Department on this grant in the basis on which the LCA LCVP equipment each of the past five years; and if she will make a grant is awarded to second level schools including statement on the matter. [38380/06] details of minimum or maximum limits attaching to the grant; the dates during the past five years 188. Mr. F. McGrath asked the Minister for on which this grant was awarded by her Depart- Education and Science the full financial details of ment to schools; and the rate at which the grant the basis on which the home school community was awarded to second level schools in each of liaison grant is awarded to second level schools the past five years; the overall amount expended including details of minimum or maximum limits by her Department on this grant in each of the attaching to the grant; the dates during the past past five years; and if she will make a statement five years on which this grant was awarded by her on the matter. [38387/06] Department to schools; and the rate at which the grant was awarded to second level schools in each 197. Mr. F. McGrath asked the Minister for of the past five years; the overall amount Education and Science the full financial details of expended by her Department on this grant in the basis on which the physics and chemistry each of the past five years; and if she will make a grant is awarded to second level schools including statement on the matter. [38381/06] details of minimum or maximum limits attaching to the grant; the dates during the past five years 190. Mr. F. McGrath asked the Minister for on which this grant was awarded by her Depart- Education and Science the full financial details of ment to schools; and the rate at which the grant the basis on which the HSCL part-time hours was awarded to second level schools in each of grant is awarded to second level schools including the past five years; the overall amount expended details of minimum or maximum limits attaching by her Department on this grant in each of the to the grant; the dates during the past five years past five years; and if she will make a statement on which this grant was awarded by her Depart- on the matter. [38390/06] ment to schools; and the rate at which the grant was awarded to second level schools in each of 198. Mr. F. McGrath asked the Minister for the past five years; the overall amount expended Education and Science the full financial details of by her Department on this grant in each of the the basis on which the psychological test grant is past five years; and if she will make a statement awarded to second level schools including details on the matter. [38383/06] of minimum or maximum limits attaching to the grant; the dates during the past five years on 192. Mr. F. McGrath asked the Minister for which this grant was awarded by her Department Education and Science the full financial details of to schools; and the rate at which the grant was the basis on which the HSCL grant post primary awarded to second level schools in each of the is awarded to second level schools including past five years; the overall amount expended by details of minimum or maximum limits attaching her Department on this grant in each of the past to the grant; the dates during the past five years five years; and if she will make a statement on on which this grant was awarded by her Depart- the matter. [38391/06] ment to schools; and the rate at which the grant was awarded to second level schools in each of 205. Mr. F. McGrath asked the Minister for the past five years; the overall amount expended Education and Science the full financial details of by her Department on this grant in each of the the secretary secondary 1979 scheme including past five years; and if she will make a statement the number of schools in this scheme; the overall on the matter. [38385/06] amount expended by her Department on this grant in each of the past five years; and if she will 193. Mr. F. McGrath asked the Minister for make a statement on the matter. [38398/06] Education and Science the full financial details of the basis on which the languages initiative post 206. Mr. F. McGrath asked the Minister for primary is awarded to second level schools Education and Science the full financial details of including details of minimum or maximum limits the basis on which the special subjects grant is attaching to the grant; the dates during the past awarded to second level schools including details five years on which this grant was awarded by her of minimum or maximum limits attaching to the Department to schools; and the rate at which the grant; the dates during the past five years on grant was awarded to second level schools in each which this grant was awarded by her Department of the past five years; the overall amount to schools; and the rate at which the grant was 1613 Questions— 16 November 2006. Written Answers 1614 awarded to second level schools in each of the expended by her Department on this grant in past five years; the overall amount expended by each of the past five years; and if she will make a her Department on this grant in each of the past statement on the matter. [38360/06] five years; and if she will make a statement on the matter. [38399/06] Minister for Education and Science (Ms Hanafin): The financial information requested by Minister for Education and Science (Ms the Deputy involves an inordinate amount of Hanafin): I propose to take Questions Nos. 164, administrative time to compile. The various parts 176, 179, 187, 188, 190, 192 to 194, inclusive, 197, of this Department responsible for each grant will 198, 205 and 206 together. compile the information relating to the basis for The financial information requested by the each grant and will provide this information to Deputy involves an inordinate amount of admin- the Deputy by letter as soon as possible. istrative time to compile. The various parts of this Department responsible for each grant will com- Question No. 168 answered with Question pile the information relating to the basis for each No. 163. grant and will provide this information to the Deputy by letter as soon as possible. Grant Payments. 169. Mr. F. McGrath asked the Minister for 165. Mr. F. McGrath asked the Minister for Education and Science the full financial details of Education and Science the full financial details of the basis on which the breaking the cycle equip- the basis on which the minor works grant is ment grant is awarded to primary schools includ- awarded to primary schools including details of ing details of minimum or maximum limits minimum or maximum limits attaching to the attaching to the grant; the dates during the past grant; the dates during the past five years on five years on which this grant was awarded by her which this grant was awarded by her Department Department to schools; and the rate at which the to schools; the overall amount expended by her grant was awarded to primary schools in each of Department on this grant in each of the past five the past five years; the overall amount expended years; and if she will make a statement on the by her Department on this grant in each of the matter. [38358/06] past five years; and if she will make a statement on the matter. [38362/06] 196. Mr. F. McGrath asked the Minister for Education and Science the full financial details of 170. Mr. F. McGrath asked the Minister for the basis on which the PBU capital grant is Education and Science the full financial details of awarded including details of minimum or the basis on which the breaking the cycle equip- maximum limits attaching to the grant; the overall ment grant is awarded to second level schools amount expended by her Department on this including details of minimum or maximum limits grant in each of the past five years; and if she will attaching to the grant; the dates during the past make a statement on the matter. [38389/06] five years on which this grant was awarded by her Department to schools; and the rate at which the Minister for Education and Science (Ms grant was awarded to second level schools in each Hanafin): I propose to take Questions Nos. 165 of the past five years; the overall amount and 196 together. expended by her Department on this grant in The financial information requested by the each of the past five years; and if she will make a Deputy involves an inordinate amount of admin- statement on the matter. [38363/06] istrative time to compile. The various parts of this Department responsible for each grant will com- 171. Mr. F. McGrath asked the Minister for pile the information relating to the basis for each Education and Science the full financial details of grant and will provide this information to the the basis on which the breaking the cycle rural Deputy by letter as soon as possible. initiative is awarded to primary schools including details of minimum or maximum limits attaching Question No. 166 answered with Question to the grant; the dates during the past five years No. 163. on which this grant was awarded by her Depart- ment to schools; and the rate at which the grant Grant Payments. was awarded to primary schools in each of the 167. Mr. F. McGrath asked the Minister for past five years; the overall amount expended by Education and Science the full financial details of her Department on this grant in each of the past the basis on which the book grant for needy five years; and if she will make a statement on students is awarded to second level schools the matter. [38364/06] including details of minimum or maximum limits attaching to the grant; the dates during the past 172. Mr. F. McGrath asked the Minister for five years on which this grant was awarded by Education and Science the full financial details of her Department to schools; the overall amount the basis on which the breaking the cycle rural 1615 Questions— 16 November 2006. Written Answers 1616

[Mr. F. McGrath.] awarded to primary schools in each of the past initiative is awarded to second level schools five years; the overall amount expended by her including details of minimum or maximum limits Department on this grant in each of the past five attaching to the grant; the dates during the past years; and if she will make a statement on the five years on which this grant was awarded by her matter. [38371/06] Department to schools; and the rate at which the grant was awarded to second level schools in each 180. Mr. F. McGrath asked the Minister for of the past five years; the overall amount Education and Science the full financial details of expended by her Department on this grant in the basis on which the disadvantaged materials each of the past five years; and if she will make a grant is awarded to second level schools including statement on the matter. [38365/06] details of minimum or maximum limits attaching to the grant; the dates during the past five years 173. Mr. F. McGrath asked the Minister for on which this grant was awarded by her Depart- Education and Science the full financial details of ment to schools; and the rate at which the grant the basis on which the breaking the cycle urban was awarded to second level schools in each of projects is awarded to second level schools the past five years; the overall amount expended including details of minimum or maximum limits by her Department on this grant in each of the attaching to the grant; the dates during the past past five years; and if she will make a statement five years on which this grant was awarded by her on the matter. [38373/06] Department to schools; and the rate at which the grant was awarded to second level schools in each 181. Mr. F. McGrath asked the Minister for of the past five years; the overall amount Education and Science the full financial details of expended by her Department on this grant in the basis on which the disadvantaged materials each of the past five years; and if she will make a grant is awarded to primary schools including statement on the matter. [38366/06] details of minimum or maximum limits attaching to the grant; the dates during the past five years 174. Mr. F. McGrath asked the Minister for on which this grant was awarded by her Depart- Education and Science the full financial details of ment to schools; and the rate at which the grant the basis on which the breaking the cycle urban was awarded to primary schools in each of the projects is awarded to primary schools including past five years; the overall amount expended by details of minimum or maximum limits attaching her Department on this grant in each of the past to the grant; the dates during the past five years five years; and if she will make a statement on on which this grant was awarded by her Depart- the matter. [38374/06] ment to schools; and the rate at which the grant was awarded to primary schools in each of the 182. Mr. F. McGrath asked the Minister for past five years; the overall amount expended by Education and Science the full financial details of her Department on this grant in each of the past the basis on which the disadvantaged capitation five years; and if she will make a statement on HSCL grant is awarded to primary schools the matter. [38367/06] including details of minimum or maximum limits attaching to the grant; the dates during the past 177. Mr. F. McGrath asked the Minister for Education and Science the full financial details five years on which this grant was awarded by her of the basis on which the children at risk fund is Department to schools; and the rate at which the awarded to second level schools including details grant was awarded to primary schools in each of of minimum or maximum limits attaching to the the past five years; the overall amount expended grant; the dates during the past five years on by her Department on this grant in each of the which this grant was awarded by her Department past five years; and if she will make a statement to schools; and the rate at which the grant was on the matter. [38375/06] awarded to second level schools in each of the past five years; the overall amount expended by 183. Mr. F. McGrath asked the Minister for her Department on this grant in each of the past Education and Science the full financial details of five years; and if she will make a statement on the basis on which the disadvantaged capitation the matter. [38370/06] HSCL grant is awarded to second level schools including details of minimum or maximum limits 178. Mr. F. McGrath asked the Minister for attaching to the grant; the dates during the past Education and Science the full financial details five years on which this grant was awarded by her of the basis on which the children at risk fund is Department to schools; and the rate at which the awarded to primary schools including details of grant was awarded to second level schools in each minimum or maximum limits attaching to the of the past five years; the overall amount grant; the dates during the past five years on expended by her Department on this grant in which this grant was awarded by her Department each of the past five years; and if she will make a to schools; and the rate at which the grant was statement on the matter. [38376/06] 1617 Questions— 16 November 2006. Written Answers 1618

184. Mr. F. McGrath asked the Minister for to schools; and the rate at which the grant was Education and Science the full financial details of awarded to second level schools in each of the the basis on which the early start grant is awarded past five years; the overall amount expended by to primary schools including details of minimum her Department on this grant in each of the past or maximum limits attaching to the grant; the five years; and if she will make a statement on dates during the past five years on which this the matter. [38401/06] grant was awarded by her Department to schools; and the rate at which the grant was awarded to 209. Mr. F. McGrath asked the Minister for primary schools in each of the past five years; the Education and Science the full financial details of overall amount expended by her Department on grants provided to primary schools under the this grant in each of the past five years; and if she DEIS initiative; the basis on which such grants will make a statement on the matter. [38377/06] were awarded; the details of minimum or maximum limits attaching to grants; the dates on 189. Mr. F. McGrath asked the Minister for which such grants were awarded by her Depart- Education and Science the full financial details of ment to schools; the overall amount expended by the basis on which the home school community her Department on these grants; and if she will liaison grant is awarded to primary schools make a statement on the matter. [38402/06] including details of minimum or maximum limits attaching to the grant; the dates during the past 210. Mr. F. McGrath asked the Minister for five years on which this grant was awarded by her Education and Science the full financial details of Department to schools; and the rate at which the grants provided to second level schools under the grant was awarded to primary schools in each of DEIS initiative; the basis on which such grants the past five years; the overall amount expended were awarded; the details of minimum or by her Department on this grant in each of the maximum limits attaching to grants; the dates on past five years; and if she will make a statement which such grants were awarded by her Depart- on the matter. [38382/06] ment to schools; the overall amount expended by her Department on these grants; and if she will 191. Mr. F. McGrath asked the Minister for make a statement on the matter. [38403/06] Education and Science the full financial details of the basis on which the HSCL part-time hours 211. Mr. F. McGrath asked the Minister for grant is awarded to primary schools including Education and Science the full financial details of details of minimum or maximum limits attaching the basis on which the disadvantaged capitation to the grant; the dates during the past five years HSCL grant is awarded to primary schools on which this grant was awarded by her Depart- including details of minimum or maximum limits ment to schools; and the rate at which the grant attaching to the grant; the dates during the past was awarded to primary schools in each of the five years on which this grant was awarded by her past five years; the overall amount expended by Department to schools; and the rate at which the her Department on this grant in each of the past grant was awarded to primary schools in each of five years; and if she will make a statement on the past five years; the overall amount expended the matter. [38384/06] by her Department on this grant in each of the past five years; and if she will make a statement 207. Mr. F. McGrath asked the Minister for on the matter. [38404/06] Education and Science the full financial details of the basis on which the supports teachers grant is Minister for Education and Science (Ms awarded to primary schools including details of Hanafin): I propose to take Questions Nos. 169, minimum or maximum limits attaching to the 170 to 174, inclusive, 177, 178, 180 to 184, inclus- grant; the dates during the past five years on ive, 189, 191 and 207 to 211, inclusive, together. which this grant was awarded by her Department The financial information requested by the to schools; and the rate at which the grant was Deputy involves an inordinate amount of admin- awarded to primary schools in each of the past istrative time to compile. The various parts of this five years; the overall amount expended by her Department responsible for each grant will com- Department on this grant in each of the past five pile the information relating to the basis for each years; and if she will make a statement on the grant and will provide this information to the matter. [38400/06] Deputy by letter as soon as possible. Questions Nos. 170 to 174, inclusive, answered 208. Mr. F. McGrath asked the Minister for with Question No. 169. Education and Science the full financial details of the basis on which the support teachers grant is Departmental Schemes. awarded to second level schools including details of minimum or maximum limits attaching to the 175. Mr. F. McGrath asked the Minister for grant; the dates during the past five years on Education and Science the full financial details which this grant was awarded by her Department of the caretaker primary 1979 scheme to primary 1619 Questions— 16 November 2006. Written Answers 1620

[Mr. F. McGrath.] on which this grant was awarded by her Depart- schools including the number of schools to which ment to schools; and the rate at which the grant this applies; the overall amount expended by her was awarded to second level schools in each of Department on this grant in each of the past five the past five years; the overall amount expended years; and if she will make a statement on the by her Department on this grant in each of the matter. [38368/06] past five years; and if she will make a statement on the matter. [38393/06] 204. Mr. F. McGrath asked the Minister for Education and Science the full financial details of Minister for Education and Science (Ms the secretary primary 1978 scheme including the Hanafin): I propose to take Questions Nos. 185 number of primary schools in this scheme; the and 200 together. overall amount expended by her Department on The financial information requested by the this grant in each of the past five years; and if she Deputy involves an inordinate amount of admin- will make a statement on the matter. [38397/06] istrative time to compile. The various parts of this Department responsible for each grant will com- Minister for Education and Science (Ms pile the information relating to the basis for each Hanafin): I propose to take Questions Nos. 175 grant and will provide this information to the and 204 together. Deputy by letter as soon as possible. The financial information requested by the Deputy involves an inordinate amount of admin- 186. Mr. F. McGrath asked the Minister for istrative time to compile. The various parts of this Education and Science if there is a scheme for Department responsible for each grant will com- the equipment for special needs pupils grant in pile the information relating to the basis for each operation at primary level; if so, the full financial grant and will provide this information to the details of the basis on which the grant is awarded Deputy by letter as soon as possible. to schools including details of minimum and maximum limits attaching to the grant; the overall Question No. 176 answered with Question amount expended by her Department on this No. 164. grant in each of the past five years; and if she will make a statement on the matter. [38379/06] Questions Nos. 177 and 178 answered with Question No. 169. Minister for Education and Science (Ms Hanafin): The financial information requested by Question No. 179 answered with Question the Deputy involves an inordinate amount of No. 164. administrative time to compile. The various parts Questions Nos. 180 and 181 answered with of his Department responsible for each grant will Question No. 169. compile the information relating to the basis for each grant and will provide this information to Questions Nos. 182 to 184, inclusive, answered the Deputy by letter as soon as possible. with Question No. 169. Questions Nos. 187 and 188 answered with Grant Payments. Question No. 164. 185. Mr. F. McGrath asked the Minister for Question No. 189 answered with Question Education and Science the full financial details of No. 169. the basis on which the equipment for special needs pupils second level is awarded to second Question No. 190 answered with Question level schools including details of minimum or No. 164. maximum limits attaching to the grant; the dates during the past five years on which this grant was Question No. 191 answered with Question awarded by her Department to schools; and the No. 169. rate at which the grant was awarded to second levels schools in each of the past five years; the Questions Nos. 192 to 194, inclusive, answered overall amount expended by her Department on with Question No. 164. this grant in each of the past five years; and if she will make a statement on the matter. [38378/06] Question No. 195 answered with Question No. 163. 200. Mr. F. McGrath asked the Minister for Education and Science the full financial details of Question No. 196 answered with Question the basis on which the remedial resource software No. 165. grant is awarded to second level schools including details of minimum or maximum limits attaching Questions Nos. 197 and 198 answered with to the grant; the dates during the past five years Question No. 164. 1621 Questions— 16 November 2006. Written Answers 1622

Question No. 199 answered with Question pile the information relating to the basis for each No. 163. grant and will provide this information to the Deputy by letter as soon as possible. Question No. 200 answered with Question No. 185. Question No. 204 answered with Question No. 175. 201. Mr. F. McGrath asked the Minister for Education and Science if there is an equivalent Questions Nos. 205 and 206 answered with scheme to the remedial resource software grant Question No. 164. second level in operation at primary level; if so, the full financial details of the basis on which the Questions Nos. 207 to 211, inclusive, answered grant is awarded to schools including details of with Question No. 169. minimum or maximum limits attaching to the grant; the overall amount expended by her School Transport. Department on this grant in each of the past five years; and if she will make a statement on the 212. Mr. Bruton asked the Minister for Edu- matter. [38394/06] cation and Science the number of school buses in operation; the number of buses that were fitted Minister for Education and Science (Ms with seatbelts for each pupil in 2005, to date in Hanafin): The financial information requested by 2006, the equivalent period in 2005 and a forecast the Deputy involves an inordinate amount of for year ending 2006. [38408/06] administrative time to compile. The various parts of this Department responsible for each grant will Minister of State at the Department of Edu- compile the information relating to the basis for cation and Science (Miss de Valera): There are each grant and will provide this information to currently over 3,600 vehicles, including taxis, in the Deputy by letter as soon as possible. operation on school transport services. In October 2005, less than 60% of school transport 202. Mr. F. McGrath asked the Minister for vehicles were fitted with seat belts. In October Education and Science the full financial details of 2006, this figure had risen to over 97%. Bus the basis on which the school development plan- E´ ireann has advised that December 2006 remains ning grant post-primary is awarded to second the target date for all vehicles operating on school level schools including details of minimum or transport services to be fitted with approved maximum limits attaching to the grant; the dates seat belts. during the past five years on which this grant was awarded by her Department to schools; and the Departmental Staff. rate at which the grant was awarded to second level schools in each of the past five years; the 213. Mr. Bruton asked the Minister for Edu- overall amount expended by her Department on cation and Science the number of new posts this grant in each of the past five years; and if she created under the delivering equality of oppor- will make a statement on the matter. [38395/06] tunity programmes in 2005, to date in 2006, the equivalent period in 2005 and a forecast for year 203. Mr. F. McGrath asked the Minister for ending 2006. [38409/06] Education and Science if there is an equivalent scheme to the school development planning grant Minister for Education and Science (Ms post-primary in operation at primary level; if so, Hanafin): The Deputy will be aware that last year the full financial details of the basis on which the I launched a new action plan for educational grant is awarded to schools including details of inclusion, DEIS (Delivering Equality of Oppor- minimum or maximum limits attaching to the tunity in Schools), one aspect of which will be grant; the dates during the past five years on more staffing for the most disadvantaged schools. which this grant was awarded by her Department The plan provides for an extra 300 posts across to schools; the overall amount expended by her the education system over the course of the five Department on this grant in each of the past five year implementation period. years; and if she will make a statement on the I expect that approximately 180 extra posts will matter. [38396/06] have been created in primary and post-primary schools by the end of the 2006/07 school year in Minister for Education and Science (Ms the new DEIS initiative in order to benefit Hanafin): I propose to take Questions Nos. 202 schools from measures which range from sup- and 203 together. ports for tackling children’s literacy problems, The financial information requested by the reduced pupil teacher ratios, allocation of admin- Deputy involves an inordinate amount of admin- istrative principals on lower enrolment, measures istrative time to compile. The various parts of this to strengthen ties between the school, the family Department responsible for each grant will com- and the community and support services for the 1623 Questions— 16 November 2006. Written Answers 1624

[Ms Hanafin.] Pupil-Teacher Ratio. provision of continuous professional develop- 216. Mr. Bruton asked the Minister for Edu- ment for teachers. cation and Science the pupil teacher ratio in primary schools designated disadvantaged in School Staffing. Dublin at the start of each school year from 2002 214. Mr. Bruton asked the Minister for Edu- to 2006. [38412/06] cation and Science the number of support teachers and special needs assistants for children Minister for Education and Science (Ms in September 2005; the number in September Hanafin): My Department has in the past 2006; and the number of additional teachers for operated a number of schemes to tackle edu- year ending 2006. [38410/06] cational disadvantage and reduce class sizes in schools in disadvantaged areas. These existing Minister for Education and Science (Ms schemes are being integrated into the new action Hanafin): In the 2005/06 school year there were plan for educational inclusion, DEIS (Delivering Equality of Opportunity in Schools) which I 562 Language Support Teachers allocated to launched last year, one aspect of which will be primary schools and 263 wholetime equivalents more staffing for the most disadvantaged schools. allocated to post-primary schools. The corre- Under the plan, there will be a reduction in class sponding figures for the 2006/07 school year are sizes to 24:1 at senior level and 20:1 at junior level 802 posts and 359 wholetime equivalents in the 190 primary schools serving communities respectively. with the highest concentrations of disadvantage. In addition, grant aid towards the cost of Participating schools in the Giving Children an employing language support teachers was pro- Even Break programme, which was launched in vided in the 2005/06 school year and in the cur- 2001, were supported to implement a maximum rent school year to 490 and 466 primary schools class size of 20:1 in junior classes and 27:1 in respectively that did not have a sufficient number senior classes. The Breaking the Cycle project, of eligible pupils to qualify for the allocation of which was launched in 1996, provided staffing full posts. supports to implement maximum class size of 15: Under “Towards 2016”, the Ten Year Frame- 1 in junior classes and 27:1 in senior classes for 32 work Social Partnership Agreement, enhanced schools in designated areas of disadvantage. support for the effective integration of inter- Prior to that the Disadvantaged Areas Scheme, national children at both primary and second which was launched in 1984, benefited participat- level will be provided through the provision of ing schools by providing ex-quota concessionary an extra 550 language support teachers by 2009. posts which were not determined by reference to Details as to the precise number of posts to be enrolment. The recommended guideline for the allocated at both levels in the current school have maximum class size for schools that were desig- yet to be finalised. nated disadvantaged was 29:1. When a designated With regard to Special Needs Assistants, in the disadvantaged school exceeded this guideline an 2005/06 school year there were 5,933 wholetime additional mainstream teaching post, referred to equivalents allocated to primary schools and as a maximum class size post, was sanctioned by 1,102 wholetime equivalents allocated to post- my Department. primary schools. The corresponding figures for Class reductions in the 32 schools under the the 2006/07 school year are 6,775 and 1,365 who- Breaking the Cycle project and in 211 schools letime equivalents respectively. under the Giving Children an Even Break will also continue in operation in the schools con- cerned. Schools that were allocated the services School Transport. of ex-quota concessionary teachers under the 215. Mr. Bruton asked the Minister for Edu- Disadvantaged Areas Scheme also retain their cation and Science the number of new and second entitlements to these posts. hand school buses purchased in 2006 and the number of additional vehicles hired in 2006. School Transport. [38411/06] 217. Ms Enright asked the Minister for Edu- cation and Science if she has received an updated Minister of State at the Department of Edu- report from Bus E´ ireann following her reply to cation and Science (Miss de Valera): Over the Parliamentary Question No. 235 of 11 October past 15 months, Bus E´ ireann has hired in more 2006; and if she will make a statement on the than 300 additional vehicles from private contrac- matter. [38414/06] tors. My Department has also given approval to the company to acquire 111 modern second hand Minister of State at the Department of Edu- buses and 50 new dedicated school buses, and cation and Science (Miss de Valera): The Deputy some of these buses are already in service. will be aware that the planning and organising of 1625 Questions— 16 November 2006. Written Answers 1626 school bus routes is an operational matter for Bus School Enrolments. ´ Eireann. The families in question should liaise 219. Mr. Stagg asked the Minister for Edu- ´ with the local Bus Eireann office regarding any cation and Science if a new policy has been intro- additional costs involved in extending the route duced by her Department whereby pupils are of the service. required to provide proof of their address before they are accepted for enrolment in national Educational Disadvantage. school; the reason parents wishing to enrol their 218. Mr. Neville asked the Minister for Edu- children in a school (details supplied) in County cation and Science the reason funding for the Kildare are being requested to provide this infor- homework club in a school (details supplied) in mation; and if the right of parents to enrol their children in the school of their choice has been County Limerick has recently been reduced. removed. [38459/06] [38458/06] Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): The new school to which the Deputy Hanafin): The school which the Deputy refers refers was provided by my Department to meet received funding in respect of their homework the growing need for extra primary provision in club under the Fund for the Development of Tar- the area in September, 2005. geted Educational Responses to Certain Children When fully occupied, the school will operate as at Risk in 2005. a two-stream 16-classroom school. To enable it The school is now participating in Band 1 of develop in this manner, it can only enrol two jun- the School Support Programme under DEIS ior infant classes annually. This incremental (Delivering Equality of Opportunity in Schools), development is common to all newly established the action plan for educational inclusion and now schools to ensure that a shortage of accom- has access to: modation at the school is avoided by an over • Early Childhood Education provision enrolment in the early stages and crucially, to ensure that the enrolments and staffing levels in • reduced class sizes of 20:1 in junior classes other schools in the area, where older pupils and 24:1 in senior classes — administrative would inevitably be drawn, are not adversely Principal on lower enrolment and staffing affected. figures than apply in primary schools Notwithstanding this position and as an excep- generally tional matter, the school has been given approval • additional non-pay/capitation allocation to enrol three junior infant classes for this school based on level of disadvantage year on the grounds that this will not impact negatively on the other schools in question. While • additional funding under School Books enrolment policies are a matter for school auth- Grant Scheme orities, the Department expects the enrolment polices of individual schools to compliment the • access to Schools Meals Programme demand for pupil places in an area and, as in this • access to Home School Community Liai- case, to assist the growth of the new school in an son services orderly fashion. This is in the best interests of the schools, pupils and wider community alike. • access to School Completion Programme Enrolment in individual schools is the responsi- services bility of the managerial authority of those schools • access to literacy/numeracy support service and my Department does not seek to intervene to specific literacy/numeracy measures in decisions made by schools in such matters. My Department’s main responsibility is to ensure • access to transfer programmes from that schools in an area can, between them, cater primary to second level for all pupils seeking places. This may result, • access to planning supports however, in some pupils not obtaining a place in the school of their first choice. • access to a range of professional develop- It is the responsibility of the managerial auth- ment supports orities of schools that are not in a position to • eligibility for teachers/principals to apply admit all pupils seeking entry to implement an for sabbatical leave. enrolment policy in accordance with the Edu- cation Act. In this regard a board of management After-school activities are delivered as part of the may find it necessary to restrict enrolment to chil- School Completion Programme and homework dren from a particular area or a particular age clubs in particular are a widely implemented sup- group or, occasionally, on the basis of some other port to provide students with a structured envir- criterion. In formulating an admissions policy a onment to complete homework. school must, however, ensure it is lawful. In part- 1627 Questions— 16 November 2006. Written Answers 1628

[Ms Hanafin.] Defence Forces Training. icular, it must act in accordance with section 7 of 221. Mr. Callely asked the Minister for Defence the Equal Status Act 2000. the progress of the Government task force on Where a Board of Management refuses to major emergency planning; the issues that have enrol a student in a school, the parent of the arisen from training and trials; and if he will make student or, where the student has reached 18 a statement on the matter. [38259/06] years of age, the student himself or herself, fol- lowing the conclusion of any appeal procedures Minister for Defence (Mr. O’Dea): The at school level, has a statutory entitlement under Government Task Force on Emergency Planning section 29 of the Education Act to appeal that continues to meet on a regular basis. The next decision to the Secretary General of the Depart- meeting will be the 50th Task Force meeting since ment of Education and Science. A committee is it was established in 2001. The Task Force pro- established to hear the appeal with hearings con- motes coordination of emergency planning ducted with a minimum of formality. In most across departments. cases appeals must be dealt with within 30 days. As chairman of the Government Task Force on Where appropriate, the Secretary General may Emergency Planning, I have continually stressed give whatever directions to the Board of Manage- the importance that I attach to departments and ment that are considered necessary to remedy the key public authorities having structured exercise matter complained of. programmes in place. I believe that the develop- Details on appealing decisions on enrolment ment of these programmes is essential in order to under section 29 of the Education Act are avail- refine and develop the arrangements that exist, to able on my Department’s website at continuously improve them through review and www.education.ie. revision, and to generally provide the basis for an increased confidence in the emergency planning Third Level Grants. process. 220. Mr. Neville asked the Minister for Edu- Many significant lessons are learned from the cation and Science the reason disability benefit is wide range of exercises, which are conducted on not reckonable as an entitlement for top up on an ongoing basis. These include: the need for third level grant; and if she will make a statement proper debriefings and a structured lessons on the matter. [38460/06] learned process, the need to manage the pro- vision of information to the public and the media, Minister for Education and Science (Ms and the need to keep plans up-to-date. Also, reg- Hanafin): The report of the Action Group on ular exercises prove hugely important in identi- Access to Third Level Education made detailed fying gaps and weaknesses and clarifying issues in recommendations concerning the introduction of relation to roles and responsibilities for special rates of maintenance grants for responding to a particular emergency situation. disadvantaged students, usually referred to as ‘top-up’ grants. Question No. 222 answered with Question The target group of “those most in need” was No. 8. defined in terms of the dependants of people receiving long-term welfare payments, where the Defence Forces Reserve. necessary conditions are fulfilled. The special rates of grant are also available to mature 223. Mr. Callely asked the Minister for Defence students who meet the prescribed conditions. the progress of recommendations for the re- In order to qualify for the special rate of main- organisation of the Reserve Defence Force; if tenance grant a candidate must meet a number of there are difficulties arising with any aspect; and conditions, including the following: if he will make a statement on the matter. [38261/06] (i) s/he must already qualify for one of my Department’s ordinary maintenance grants; Minister for Defence (Mr. O’Dea): The White and Paper on Defence outlines the blue print for a (ii) total reckonable income must not exceed new Reserve Defence Force. The new Reserve the specified limit for the academic year in will have a clearly defined role, an enhanced question; and relationship with the PDF, better equipment and training and opportunities to serve on overseas (iii) on the operative date the income into peace support missions. the household must include one of the specified The Reserve Defence Force Review Imple- long-term social welfare payments. mentation Plan, which was formally launched in Disability Benefit is considered to be a short-term July 2004, is progressing on schedule and the payment and, therefore, it is not included as an challenges presented by the plan are being met. eligible payment for the purposes of the special This plan provides for the phased enhancement rates of maintenance grant. of Reserve capabilities over the period to end 1629 Questions— 16 November 2006. Written Answers 1630

2009. To date the Reserve has been reorganised In effect this means that women are eligible on along similar lines to the Permanent Defence the same basis as men for participation in oper- Force with three Brigades, a Reserve Defence ational and ceremonial activities, for assignment Force Training Authority located in the Defence to all military appointments, for educational and Forces Training Centre in the Curragh and a training courses, and for promotion. All female dedicated Naval Service Reserve. These new personnel undergo the same training and receive organisational structures were introduced on 1st the same military education as their male October 2005. In addition to the reorganisation, counterparts. All applicants for service in the the Reserve has seen significant improvements in Defence Forces, both male and female, are inter- clothing, equipment and enhanced training viewed on an equal basis and then placed in order opportunities. of merit. It is not possible to give one gender The development of the integrated element of priority over another as this would result in an the Reserve is currently being progressed and it equality issue. is planned to introduce elements of the integrated All competition selection boards and general Reserve, on a pilot basis, in 2007. This element service interview boards are briefed on equality of the Reserve will provide personnel who will issues and specifically in relation to gender and integrate with PDF units in contingency diversity issues. All new entrants into the situations. The Integrated Reserve will be pro- Defence Forces receive training during induction vided with enhanced military training and PDF on equality and interpersonal relationships and unit commanders will be responsible for the train- on redress systems. All career courses and leader- ing of such Reserve personnel. ship seminars contain modules on equality and The phased enhancement of Reserve capabili- interpersonal relationships. All instructors are ties and improvements in interoperability briefed on bullying and discrimination, and there between the Reserve and the PDF, as provided is an instruction guiding instructors and students for in the plan, are significant enablers in facilitat- alike. ing any future participation by Reserve personnel The Defence Forces have no restrictions or in overseas peace support missions. barriers to females serving in any appointment or While there are no immediate plans for partici- in any rank. Selection and promotion is based on pation by members of the Reserve in overseas merit. Female strength levels in the Permanent missions, policies to support the selection of suit- Defence Force have increased from 4.4% of over- ably qualified personnel for overseas duties will all strength in 2001 to 5.23% of overall strength be developed over the lifetime of the Implemen- at the end of October 2006. In total there are cur- tation Plan i.e. over the period to end 2009. In rently 551 female personnel serving in the Perma- other countries, service by Reservists on overseas nent Defence Force. Over the past nine years, the peace support missions is quite common, strength of female personnel in the Permanent although as specified in the Plan, any such partici- Defence Force has increased from 244 at the end pation by members of the Reserve is likely to be of 1997 to 551 at present. This constitutes an in specialised areas such as medical, transport, increase of over 100% in the number of females engineering and communications and information serving over this period. services. This will also be subject to personnel The government is committed to a policy of having suitable qualifications, their personal equal opportunity for men and women in the availability and appropriate advance training. Defence Forces and to the full participation by women in all aspects of Defence Forces activities. I am, however, most anxious to ensure that every Defence Forces Recruitment. potential avenue for increasing the number of 224. Mr. Callely asked the Minister for Defence women applying to join and serve in the Defence his Department’s policy of equal opportunity for Forces is maximised, within the framework of the males and females in the Defence Forces; his Government policy of equal opportunity. views on the percentage of females in the force; Accordingly, I have with effect from 1st the issues which have been brought to his atten- September 2006 reduced the minimum height tion regarding the equal opportunity policy; and requirement for entry into both the Permanent if he will make a statement on the matter. Defence Force and the Reserve Defence Force [38262/06] from 162.56cm (5’4”) to 157.48cm (5’2”). This change, which applies to both males and Minister for Defence (Mr. O’Dea): The females, has the effect of increasing the annual Government is committed to a policy of equal recruitment pool of females from 60% to 90% opportunity for men and women throughout the and males from 97% to 98%. It is too early to Defence Forces, in the Army, Air Corps and gauge whether there has been a corresponding Naval Service and including the Reserve Defence increase in the number of female applicants to Force, and to the full participation by women in the Defence Forces. However, I will closely moni- all aspects of Defence Forces activities. tor the situation over the coming months. 1631 Questions— 16 November 2006. Written Answers 1632

[Mr. O’Dea.] (d) a person nominated by the Minister for I must point out that height is not the only issue the Environment and Local Government in encouraging more women to apply to join the who, in the opinion of that Minister, has rel- Defence Forces and I have recently initiated evant experience or expertise relating to more general research in this area. To this end, emergency planning following a tendering process, TNS MRBI an (e) a person nominated by the Radiologi- independent market research company has been cal Protection Institute of Ireland awarded the contract to undertake research into the issue of the recruitment and retention of (f) a person nominated by the Environ- women in the Defence Forces. The research will mental Protection Agency test women’s attitudes to military life and to a (g) a member of the Civil Defence Officers career in the Defence Forces. The research, Association nominated by it which has already commenced, will include inter- views with currently serving female members of (h) an officer of the Defence Forces nomi- both the Permanent Defence Force and the nated by the Chief of Staff of the Defence Reserve Defence Force and with members of the Forces general public. The results of the research will (i) a member of the Garda Sı´ocha´na nomi- inform policy in this area for the future. TNS nated by the Commissioner of the Garda MRBI is due to complete the research by the end Sı´ocha´na, and of 2006 with the finalised report due in early 2007. (j) subject to being elected Appointments to State Boards. (i) a volunteer member of the Civil 225. Mr. Boyle asked the Minister for Defence Defence, and the statutory processes involved in the appoint- (ii) a member of the Staff of the Board.” ment of chairs and members of non-Departmen- tal public bodies under the remit of his Depart- Irish Red Cross ment and their legislative origin. [38338/06] The Irish Red Cross Society was established on 1 July 1939. While performing an important statu- Minister for Defence (Mr. O’Dea): The statu- tory function (it is tasked with the dissemination tory processes involved in the appointment of of information on humanitarian law, the Geneva chairs and members of non-Departmental public Convention and its additional protocols to which bodies under the remit of my Department and Ireland is a signatory), the Society is an auton- their legislative origin are as follows: omous body, run by the Central Council through the Executive Committee. Civil Defence Board. The Central Council of the Irish Red Cross The members of the Civil Defence Board were Society consists of members elected by the var- appointed with effect from 5 June 2005. Under ious Society Areas throughout the country and of Section 7 of the Civil Defence Act 2002, the terms members nominated by Government. of office of a member of the Board shall not The current appointees term of office expires exceed 3 years. 30 April 2009. Section 11 of the Civil Defence Act 2002 Government nominations to Central Council provides: are made pursuant to Article 8 (4) (C) (i) of the — “that Board shall consist of at least 8 but Irish Red Cross Society Order 1939. not more than 14 members who shall be The President, on the advice of the Govern- appointed by the Minister.” ment, nominates a person to be Chairman of the — “that not less than 4 of the members of Society pursuant to Article 9 (4) of the Irish Red the Board shall be women and not less Cross Society Order, 1939. than 4 shall be men.” The President of Ireland, by virtue of their — “that the Minister shall designate one office, shall be President of the Society, pursuant member of the Board as Chairperson.” to the Red Cross Act 1944. Section 11 (2) provides that: Persons nominated by Government are selec- ted for the experience and benefit they will bring “The members of the Board shall be: to the Society, e.g. financial, medical, business (a) the Director General acumen, etc. The Central Council meets twice yearly on policy issues or if the need arises a (b) a person nominated by the County and special meeting of Council is arranged. Managers Association Government nominees must make up at least (c) 4 persons, who, in the opinion of the one third of Central Council under the legis- Minister, have experience in business, indus- lation. There are also elected members from each try, finance or administration relevant to the of the areas, namely 27 elected members. Board’s functions Members are elected/nominated for a three-year 1633 Questions— 16 November 2006. Written Answers 1634 period which overlaps so as to maintain Minister for Defence (Mr. O’Dea): I propose continuity. to answer Questions Nos. 228 and 230 together. The Executive Committee of the Society is The strength of the Permanent Defence Force elected by Central Council from within its own on 31 October 2006, the latest date for which ranks. It meets monthly and runs the day to day detailed figures are available, as advised by the affairs of the Society on behalf of the Central military authorities was 10,357. A detailed break- Council. down of the numbers in the Army, Naval Service and Air Corps by rank and gender are set out in Coiste an Asgard the following Tabular Statement. The White Coiste on Asgard is a company limited by Paper on Defence of February 2000 set out a fig- guarantee established under the Companies Acts. ure of 10,500 personnel for the Permanent The Articles of Association of An Coiste provide Defence Force, comprising 930 for the Air Corps, that the Minister for Defence is ex-officio the 1,144 for the Naval Service and 8,426 for the chairman of the board of directors and that he Army. It is my intention to maintain the estab- may appoint not more than 14 other directors. lished Government policy of ongoing recruitment to the Defence Forces. Recruitment into the Per- Ombudsman for the Defence Forces. manent Defence Force will continue to maintain Ombudsman for the Defence Forces is head of the strength at the level set out in the White the Office of the Ombudsman for the Defence Paper as required to meet military needs. The Forces and is appointed by the President, acting Defence Forces continue to have a proactive upon the recommendation of the Government, approach to all aspects of recruiting. under Section 2 of the Ombudsman (Defence The Defence Forces manage recruit intakes to Forces) Act 2004. keep its annualised monthly average strength at or around 10,500. The strength of the Defence Forces as at 31 December in the years 2003, 2004 Defence Forces Equipment. and 2005 respectively was 10,498, 10,551 and 10,446. There is a planned total intake of 255 per- 226. Mr. Durkan asked the Minister for sonnel (Cadets, Apprentices & General Defence the extent to which all obsolete aircraft Enlistment) before the end of 2006, with an have been replaced; and if he will make a state- expected outflow of 150 personnel in the same ment on the matter. [38432/06] period. Recruit intake will be finalised in December 2006 to ensure that the annualised Minister for Defence (Mr. O’Dea): The older monthly average strength is at or around 10,500. obsolete aircraft, six Marchetti aircraft, four Dau- The White Paper on Defence provides for an phin helicopters and one Gazelle helicopter have allocation of up to 850 Permanent Defence Force been disposed of or are in the process of being personnel to be deployed overseas at any one disposed of by tender competitions. time through the United Nations Standby The obsolete aircraft have been replaced by the Arrangements System (UNSAS). While this may arrival of eight new Pilatus aircraft and two EC be exceeded for short periods, deployments 135 helicopters and the planned arrival of two above this level are not sustainable on an ongoing AW 139 helicopters in November 2006 and two basis within existing resources. Any commitments in 2007. to EU or UN missions will be met within this con- text. Currently, there are 821 Defence Forces per- Question No. 227 answered with Question sonnel deployed on overseas operations. There No. 23. are no plans to increase the numbers serving in the Defence Forces above the levels provided for Defence Forces Strength. in the White Paper. 228. Mr. Durkan asked the Minister for The Naval Service has a fleet of eight vessels, Defence if he has satisfied himself regarding the two of which are classed as Coastal Patrol Vessels strength of the Navy with particular reference to (CPV). All the ships include coastal areas in their maintaining a sufficiently high degree of coastal patrol patterns. The fleet completes around 1680 surveillance; and if he will make a statement on patrol days per annum and, on a daily basis, an the matter. [38434/06] average of over four naval vessels are deployed on patrol throughout the year. The ships carry 230. Mr. Durkan asked the Minister for radar and Automatic Identification System (AIS) Defence the strength of the Army, Navy and Air receptors on board and use these to monitor Corp, male and female by rank; the extent to activity around them. They are supported from which it is intended to increase the strength of the Naval Base by the Fishery Monitoring System the forces in anticipation of overseas deployment; which tracks fishing vessel activity. The Naval and if he will make a statement on the matter. Service has met the requirements of its oper- [38436/06] ational tasking to date. 1635 Questions— 16 November 2006. Written Answers 1636

[Mr. O’Dea.]

Strength of the Defence Forces 31 Octobter 2006

Lt Maj Brig Col Lt Comdt Capt Lt Total SM BQMS CS CQMS SGTS CPLS Total PTES Cadets Total Gen Gen Gen Col Offrs NCOS

Army 1 2 6 39 127 324 301 270 1,070 34 37 135 241 1,029 1,561 3,037 4,247 40 8,394 Air Corps 0 0 1 2 14 30 45 44 136 7 3 52 14 130 185 391 325 26 878 Naval 0 0 1 2 12 46 47 50 158 6 7 77 16 205 197 508 403 16 1,085 Service

Lt Gen = Lieutenant General Lt Col = Lieutenant Colonel SM = Sergeant Major SGTS = Sergeants Maj Gen = Major General Comdt = Commandant BQMS = Battalion Quartermaster Sergeant CPLS = Corporals Brig Gen = Brigadier General Capt = Captain CS = Company Sergeant NCOS = Non Commissioned Officers Col = Colonel Lt = Lieutenant CQMS = Company Quartermaster Sergeant PTES = Privates

Strength of Males in the Defence Forces 31 October 2006

Lt Maj Brig Col Lt Comdt Capt Lt Total SM BQMS CS CQMS SGTS CPLS Total PTES Cadets Total Gen Gen Gen Col Offrs NCOS

Army 1 2 6 39 126 309 258 229 970 34 37 132 240 1,018 1,454 2,915 4,033 26 7,944 Air Corps 0 0 1 2 14 30 43 42 132 7 3 51 14 129 174 378 311 25 846 Naval 0 0 1 2 12 46 40 41 142 6 7 77 16 205 189 500 364 10 1,016 Service

Strength of Females in the Defence Forces 31 October 2006

Lt Maj Brig Col Lt Comdt Capt Lt Total SM BQMS CS CQMS SGTS CPLS Total PTES Cadets Total Gen Gen Gen Col Offrs NCOS

Army 0 0 0 0 1 15 43 41 100 0 0 3 1 11 107 122 214 14 450 Air Corps 0 0 0 0 0 0 2 2 4 0 0 1 0 1 11 13 14 1 32 Naval 0 0 0 0 0 0 7 9 16 0 0 0 008839669 Service

Defence Forces Equipment. a gas or chemical attack; and if he will make a statement on the matter. [38437/06] 229. Mr. Durkan asked the Minister for Defence the extent to which military hardware Minister for Defence (Mr. O’Dea): The has been upgraded, including vehicles and wea- Defence Forces have available to them equip- pons; and if he will make a statement on the ment for monitoring and protecting their matter. [38435/06] members in dealing with Nuclear, Biological or Chemical (NBC) threats should such arise. They Minister for Defence (Mr. O’Dea): The hold an extensive range of modern NBC equip- ongoing equipment modernization programme ment that meets their current requirements. This ensures that the Defence Forces are fully range includes approximately 9,500 NBC suits, of equipped with the most modern of equipment for which 800 were delivered in January 2006. In their day to day roles at home and on overseas addition, the Defence Forces has sufficient stock missions. The equipment issued to the Defence of Respirators for each individual soldier. They Forces is in keeping with the most modern stan- also have 98 of the most technologically up to dards. Continual investment in the Defence date Chemical Agent Monitors and Defence Forces will ensure that this remains to be the Forces personnel have been trained on their case. operation. Other equipment on hands includes Biological Agent Detector and Screening Kits, Question No. 230 answered with Question Group Decontamination Equipment and Per- No. 228. sonal Decontamination Equipment. The require- ment for additional NBC equipment is kept Defence Forces Equipment. under continuous review by the Defence Forces. 231. Mr. Durkan asked the Minister for A programme for the purchase of NBC equip- Defence if all members of the Defence Forces are ment is ongoing and whatever equipment deemed being issued with the necessary breathing appar- necessary is purchased expeditiously to meet the atus or protective armour for use in the event of changing requirements. 1637 Questions— 16 November 2006. Written Answers 1638

The Deputy specifically refers to body armour. sonnel have an equal claim on such housing as In that regard, a tender competition was held in other members of the community in the same 2005 for the provision of body armour for the income category. My Department is continuing to individual soldier on operational duties. An order examine all options, including affordable housing has now been placed for 6000 units for delivery and voluntary and co-op housing schemes, in this year. The new body armour provides signifi- relation to the re-housing of those overholders cantly greater protection, comfort and coverage who would in the normal way be eligible for than the old model as well as a doubling of the Local Authority Housing. range of sizes available. Local Authority Housing. Questions Nos. 232 to 234, inclusive, answered with Question No. 32. 237. Mr. Wall asked the Minister for the Envir- onment, Heritage and Local Government the Defence Forces Promotions. position of proposals for the refurbishment of houses (details supplied) in County Kildare; his 235. Mr. Durkan asked the Minister for views on permitting the local authority to carry Defence the number of Army, Air Corp and out the refurbishment on their own housing sec- Navy promotions approved in 2006 and those tor in view of the fact that the overall project is pending; and if he will make a statement on the being delayed due to problems that do not effect matter. [38441/06] the councils tenants; and if he will make a state- ment on the matter. [38279/06] Minister for Defence (Mr. O’Dea): The number of Army, Air Corps and Naval Service Minister of State at the Department of the promotions approved or pending in 2006, as Environment, Heritage and Local Government advised by the military authorities, is provided in (Mr. N. Ahern): It is the responsibility of Athy the form of a Tabular Statement which I propose Town Council to determine how best to advance to circulate with the Official Report. the Remedial Works Scheme in Townspark and Officer Promotions to develop proposals in order to proceed with refurbishment works to local authority dwellings. Service Promotions Promotions My Department will give consideration to pro- Pending posals put forward by the Council.

Army 129 5 Water and Sewerage Schemes. Air Corps 23 Nil 238. Mr. Ring asked the Minister for the Envir- Naval Service 11 Nil onment, Heritage and Local Government the position regarding a project (details supplied) in Total 163 5 County Mayo; the stage it is at; the breakdown of each stage to date; and when this project will commence construction. [38300/06] Enlisted Personnel Promotions Minister for the Environment, Heritage and Service Promotions Promotions Pending Local Government (Mr. Roche): I refer to the reply to Question No. 316 of 28 September 2006. Army 225 128 Air Corps 19 12 Planning Issues. Naval Service 104 8 239. Mr. Stanton asked the Minister for the Environment, Heritage and Local Government if Total 348 148 a minimum time limit exists by which housing estates have to be taken in charge by local auth- orities; his views on same; and if he will make a Army Barracks. statement on the matter. [38307/06]

236. Mr. Durkan asked the Minister for Minister for the Environment, Heritage and Defence the number of personnel currently in Local Government (Mr. Roche): Section 180 of overholders accommodation; and if he will make the Planning and Development Act 2000 provides a statement on the matter. [38442/06] that, where an estate is completed to the standard outlined in the planning permission, the planning Minister for Defence (Mr. O’Dea): Personnel authority must initiate taking in charge pro- on being discharged from the Permanent Defence cedures as soon as may be following a request do Force are obliged to vacate married quarters so by the developer or by the majority of the within a short period of the dates of their dis- owners or occupiers. Similarly, where an estate charge. There are 56 married quarters currently has not been completed to the standard outlined overheld. The provision of housing is primarily a in the planning permission and the planning auth- matter for the local authorities and married per- 1639 Questions— 16 November 2006. Written Answers 1640

[Mr. Roche.] cost of operation of civic amenity sites has been ority has not taken enforcement action within the conducted; if such a review has been undertaken, appropriate period, the planning authority must the results of same; if not, if it is intended to con- also initiate taking in charge procedures if duct such a review; and if he will make a state- requested to do so by the owners/occupiers. The ment on the matter. [38323/06] decision as whether any particular estate should be taken in charge is ultimately one for the Minister for the Environment, Heritage and elected members of the planning authority. Local Government (Mr. Roche): The information requested is set out in the following table. My Department is conscious of the escalating Waste Management. costs to local authorities of operating the substan- 240. Ms C. Murphy asked the Minister for the tially increased network of recycling facilities. Environment, Heritage and Local Government This is reflected in increased funding of \8m from the amount allocated to each county from the the Environment Fund in 2006 in respect of such environment fund since 2002; the number by operational costs. The costs incurred by local county of civic amenity sites at present; the authorities are regularly reviewed to ensure that number by county currently being considered for the available funding is distributed in an equit- grant aid by his Department; if a review into the able manner.

Waste Management Grants — Allocations to Local Authorities Since 2002

Local Authority Number of Civic Allocated Operational Allocated Capital No. of applications Amenity Sites Funding for Recycling Grant Funding currently under Facilities Including Bring consideration Banks

\\M

Carlow 3 513,770 0.334 Cavan 2 350,940 0.948 Clare 4 695,460 2.433 1 Cork County 9 2,639,800 3.637 Donegal 3 338,110 3.209 Du´ n Laoghaire-Rathdown 2 1,095,730 0.183 Fingal 4 1,521,060 1.239 Galway County incl. Timpeallacht na nOilea´n 4 894,670 2.291 Kerry 5 631,355 2.051 Kildare 2 425,850 3.313 Kilkenny 1 530,620 0.453 Laois 1 354,770 1.541 Leitrim 2 168,740 1.117 Limerick County 4 446,850 4.654 Longford 0 57,320 0.888 Louth 2 748,660 3.252 Mayo 2 742,500 0.65 Meath 2 1,037,320 1.29 Monaghan 1 394,540 1.83 North Tipperary 2 447,475 1.241 Offaly 2 253,500 2.389 Roscommon 3 853,290 2.774 Sligo 1 148,000 1.346 South Dublin 1 996,280 0.048 South Tipperary 2 276,285 2.175 Waterford County 3 953,330 5.676 Westmeath 2 374,240 1.828 Wexford 2 645,870 1.67 2 Wicklow 4 760,820 4.117 City Councils Cork 1 496,000 1.422 Dublin 2 2,598,200 27.716 3 1641 Questions— 16 November 2006. Written Answers 1642

Local Authority Number of Civic Allocated Operational Allocated Capital No. of applications Amenity Sites Funding for Recycling Grant Funding currently under Facilities Including Bring consideration Banks

\\M Galway 0 134,850 3.44 Limerick 1 209,280 0.119 Waterford 1 264,140 2.47

Totals 80 22,999,625 93.744 6

Rail Network. reflect on any disparities and variations in the results contained in the two reports to date and 241. Ms C. Murphy asked the Minister for the to put in place strategies to ensure their own per- Environment, Heritage and Local Government if formance is improved on an ongoing basis, if he has received a railway order relating to the necessary. Kildare route project seeking his consent for the commencement of some provisions of the order affecting roads; if he has given his consent; and if Register of Electors. he will make a statement on the matter. 243. Ms C. Murphy asked the Minister for the [38324/06] Environment, Heritage and Local Government the basis on which he is considering providing Minister for the Environment, Heritage and additional resources to local authorities in Local Government (Mr. Roche): Under section relation to the ongoing review of the electoral 44(2)(b) of the Transport (Railway register; if the current advertising campaign is Infrastructure) Act 2001, the consent of the Mini- funded from the \6 million already announced, ster for the Environment, Heritage and Local \3 million which was made available to local Government is required regarding the acquisition authorities in July 2006 for fieldwork on the pro- of rights in, under or over any public road speci- ject; if consultants have been engaged to organise fied in a Railway Order made under that Act. On and run the advertising campaign; if so, the per- 26 August 2006,the Department of Transport for- sons engaged and the amount expended for this warded a draft Order to my Department in purpose; the measures being put in place for respect of CIE’s application for a Railway Order future years if consideration is being given to for the Kildare Route Project and my Depart- removing part of the function to local authorities ment is now finalising its consideration of this. regarding the compilation of the electoral regis- ter; and if he will make a statement on the Local Authority Service Indicators. matter. [38326/06] 242. Ms C. Murphy asked the Minister for the Environment, Heritage and Local Government if, Minister for the Environment, Heritage and in instances where there is a consistent level of Local Government (Mr. Roche): In law, the prep- poor performance in areas that are the subject aration of the Register of Electors is a matter for to local government service indicators, analysis is each local registration authority. It is their duty undertaken to examine the cause of this poor per- to ensure, as far as possible and with the cooper- formance and action taken to combat these ation of the public, the accuracy and comprehen- causes, for example including provision of siveness of the Register. In April 2006, I additional resources; and if he will make a state- announced a package of measures to assist local ment on the matter. [38325/06] authorities in their work on preparing the 2007/8 Register, which included a commitment to Minister for the Environment, Heritage and provide additional ring-fenced financial resources Local Government (Mr. Roche): The first two to support local authorities’ own spending in reports on local authority service indicators in respect of the register campaign. I advised auth- respect of 2004 and 2005 were published by the orities that a contribution of some \6 million can Local Government Management Services Board be made available in this regard. An initial allo- in mid 2005 and 2006 respectively. I consider that \ it is too early at this stage to establish trends in cation of some 3 million, based on the number individual local authority performance on the of households in each local authority area, was lines suggested in the Question, although the made available in July to local authorities for trends overall as shown in the 2005 report are registration work, with the balance of this funding moving in the right direction. I have, however, to be made available following completion of the asked each local authority to review its own per- registration work. formance across the range of indicators and in the As regards publicity and awareness, a two- light of the performance by other local auth- stage approach has been developed, involving orities. In addition I have also requested them to information notices followed by an intensive 1643 Questions— 16 November 2006. Written Answers 1644

[Mr. Roche.] two on the direct appointment of the Minister. media campaign. Information notices were pub- The Chairperson is appointed by the Minister fol- lished in the national press on 19-21 August, urg- lowing consultation with the Minister for Edu- ing co-operation with local register campaigns. In cation and Science. addition, a national publicity and awareness cam- Relevant legislation/regulations: paign involving TV, radio, press and outdoor Local Government (An Chomhairle advertising commenced on 11 September and will Leabharlanna) Regulations 1997 as amended by run until 25 November (the closing date for sub- the Local Government (An Chomhairle mitting corrections to the Draft Register). Fol- Leabharlanna) (Amendment) Regulations 2003. lowing a competitive tender process, Young Euro RSCG were appointed to undertake a publicity Affordable Homes Partnership and awareness campaign in relation to the Regis- Statutory processes involved in appointment of ter. Some \1 million is being spent on the cam- Chairperson and Members: paign. This is additional to the funding being pro- The Chairperson and other Members of the vided to local authorities. I have already Board of the Affordable Homes Partnership are indicated that, in addition to short-term action to appointed by the Minister for the Environment, improve the quality of the Register, I am open to Heritage and Local Government. consideration of longer options for change in this The Board comprises: four persons, including regard on a consensus basis. the Chairperson, appointed at the discretion of the Minister; four persons from among the man- Appointments to State Boards. agers of Dublin City Council and Fingal, South Dublin, Du´ n Laoghaire-Rathdown, Meath, 244. Mr. Boyle asked the Minister for the Kildare and Wicklow County Councils; and the Environment, Heritage and Local Government Chief Executive Officer of the Partnership. the statutory processes involved in the appoint- Relevant legislation/regulations: ment of chairs and members of non-Departmen- Affordable Homes Partnership (Establishment) tal public bodies under the remit of his Depart- Order 2005. ment and their legislative origin. [38341/06] Building Regulations Advisory Body Minister for the Environment, Heritage and Local Government (Mr. Roche): The statutory Statutory processes involved in appointment of Chairperson and Members: processes involved in the appointment of chairs The Minister for the Environment, Heritage and members of public bodies under the aegis of and Local Government appoints Chairperson and my Department are set out as follows. Members of the Building Regulations Advisory Body. An Bord Pleana´la Statutory processes involved in appointment of Relevant legislation/regulations: Chairperson and Members: Building Control Act 1990. The Chairperson is appointed by the Govern- ment from a panel of up to three persons nomi- Dublin Docklands Development Authority nated by a prescribed selection committee. Statutory processes involved in appointment of The appointment of Ordinary Members of An Chairperson and Members: Bord Pleana´la is made by the Minister for the The Minister for the Environment, Heritage Environment, Heritage and Local Government and Local Government appoints the Chairperson. following consideration of nominations received The Council consists of the Chairperson and 25 from relevant prescribed panels. ordinary members. Membership is composed of: Relevant legislation/regulations: • two officials of the Department of the Planning and Development Act 2000 Environment, Heritage and Local Planning and Development Regulations 2001 Government, Planning and Development (Strategic • one person nominated by CIE´ , Infrastructure) Act 2006 Planning and Development (Strategic • one person nominated by Bord Ga´is Infrastructure) Act 2006 (Commencement) (No. E´ ireann, 2) Order 2006. • one person nominated by the ESB, • one person nominated by the Dublin City An Chomhairle Leabharlanna Manager, Statutory processes involved in appointment of • five persons nominated by Dublin City Chairperson and Members: Council, The Council is composed of a Chairperson and 12 Ordinary Members. Ten of the Council’s 12 • one person nominated by the CEO of members are appointed by the Minister for the Dublin Port Company, Environment, Heritage and Local Government • one person nominated by the Director of on the nomination of certain specified bodies and the Dublin Transportation Office, 1645 Questions— 16 November 2006. Written Answers 1646

• eight persons nominated by organisations Irish Water Safety prescribed by the Minister to do so, and Statutory processes involved in appointment of • four persons directly appointed by the Chairperson and Members: Minister. The Minister appoints a Council which shall consist of not more than 13 Members and of The Executive Board consists of the Chairperson whom 5 shall be representatives of local water and 7 ordinary Directors. The ordinary Directors safety interests. are appointed by the Minister. The Minister also appoints the Chairperson of Relevant legislation/regulations: the Council, who shall be a Member of the Dublin Docklands Development Act 1997. Council.

Environmental Protection Agency Relevant legislation/regulations: Irish Water Safety (Establishment) Order 2006 Statutory processes involved in appointment of Section 3 of the Local Government Services Chairperson and Members: (Corporate Bodies) Act 1971. The Board of the Environmental Protection Agency comprises a Director General and four Local Government Computer Services Board Directors. All are appointed by Government Statutory processes involved in appointment of from a panel of up to three persons nominated Chairperson and Members: by a prescribed selection committee. Two Members of the Board are appointed by Relevant legislation/regulations: the Minister for the Environment, Heritage and Environmental Protection Agency Act 1992 Local Government and one is appointed by the Environmental Protection Agency (Selected Minister for Finance. The Council of the Board Procedures) Regulations 2004. (City and County Managers and Assistant Managers) appoint the other eight Board Fire Services Council Members. Statutory processes involved in appointment of Relevant legislation/regulations: Chairperson and Members: Local Government Computer Services Board The Minister for the Environment, Heritage (Establishment) Order 1975. and Local Government appoints a Chairperson and Deputy Chairperson and ordinary members Local Government Management Services Board to the Fire Services Council. Statutory processes involved in appointment of Relevant legislation/regulations: Chairperson and Members: The Fire Services Act, 1981 The Minister for the Environment, Heritage The Fire Services Council (Establishment) and Local Government appoints 3 officers or Order 1983. his/her Department by Order. The Council of the Board (City and County Managers and Assistant Heritage Council Managers) appoint the other Board Members. Statutory processes involved in appointment of Relevant legislation/regulations: Chairperson and Members: The Local Government Management Services The Council is appointed by the Minister for Board (Establishment) Order 1996. the Environment, Heritage and Local Govern- ment and must comprise a Chairperson and not National Building Agency fewer than 14 or more than 16 ordinary Members. Statutory processes involved in appointment of At least seven appointments must be men and Chairperson and Members: seven women. The Minister, after consultation with the Mini- Relevant legislation/regulations: ster for Finance, appoints the Chairman and The Heritage Act 1995. Directors of the Agency.

Housing Finance Agency Relevant legislation/regulations: National Building Agency Limited Act 1963. Statutory processes involved in appointment of Chairperson and Members: Private Residential Tenancies Board The Chairperson and Directors are appointed Statutory processes involved in appointment of by the Minister for the Environment, Heritage Chairperson and Members: and Local Government with the consent of the The Chairperson and Members of the Private Minister for Finance. Residential Tenancies Board are appointed by Relevant legislation/regulations: the Minister for the Environment, Heritage and Housing Finance Agency Act 1981 as Local Government. Members shall be persons amended. who in the Minister’s opinion have experience in Memorandum and Articles of Association of a field of expertise relevant to the Board’s Agency. functions. 1647 Questions— 16 November 2006. Written Answers 1648

[Mr. Roche.] Relevant legislation/regulations: Relevant legislation/regulations: Radiological Protection Act 1991. Residential Tenancies Act 2004. Rent Tribunal Radiological Protection Institute of Ireland Statutory processes involved in appointment of Statutory processes involved in appointment of Chairperson and Members: Chairperson and Members: The Chairperson, Vice-chair and Members of The Chairperson and up to 11 Members are the Rent Tribunal are appointed by the Minister appointed by the Minister for the Environment, for the Environment, Heritage and Local Heritage and Local Government with the consent Government. The Minister also determines the of the Minister for Finance. Not more than 5 number of ordinary Members as, with the consent Members must be engaged in or have knowledge of the Minister for Finance, he/she considers or experience in prescribed fields. Up to 6 per- necessary from time to time for the performance sons may be nominated for appointment to the by the Tribunal of its functions. Board by such organisations as the Minister may Relevant legislation/regulations: determine that are representative of prescribed Housing (Private Rented Dwellings) fields. The Minister can then appoint from among (Amendment) Act 1983. these nominations. Housing (Rent Tribunal) Regulations 1983.