Da´Il E´Ireann

Vol. 646 Tuesday, No. 4 12 February 2008

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Tuesday, 12 February 2008.

Ceisteanna—Questions Taoiseach ………………………………… 803 Minister for Arts, Sport and Tourism Priority Questions …………………………… 813 Other Questions …………………………… 822 Adjournment Debate Matters …………………………… 829 Leaders’ Questions ……………………………… 829 Requests to move Adjournment of Da´il under Standing Order 32 ……………… 835 Order of Business ……………………………… 836 Finance Act 2004 Order: Referral to Select Committee ………………… 844 Overseas Missions Report: Referral to Select Committee ………………… 844 Social Welfare and Pensions Bill 2008: Order for Second Stage …………………………… 845 Second Stage ……………………………… 845 Private Members’ Business Special Educational Needs: Motion ……………………… 867 Adjournment Debate Osteoporosis Services …………………………… 892 Grant Payments ……………………………… 894 Environmental Policy …………………………… 899 Questions: Written Answers …………………………… 903 DA´ IL E´ IREANN

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De´ Ma´irt, 12 Feabhra 2008. Tuesday, 12 February 2008.

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

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Paidir. Prayer.

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Ceisteanna — Questions.

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Departmental Staff.

———— 1. Deputy Eamon Gilmore asked the Taoiseach the number of staff, broken down by grade, currently employed in the Attorney General’s office engaged in the drafting of legislation; the number of vacancies in any such grade or position; if he is satisfied that there are sufficient staff and resources available to the Office of the Attorney General to facilitate the prompt and efficient drafting of legislation; and if he will make a statement on the matter. [30919/07]

2. Deputy Caoimhghı´nO´ Caola´in asked the Taoiseach the number of staff employed in the Office of the Attorney General in the drafting of legislation; the comparable number for 2002; and if he will make a statement on the matter. [35282/07]

The Taoiseach: I propose to take Questions Nos. 1 and 2 together. The position in relation to permanent staffing in the Office of the Parliamentary Counsel to the Government is set out in a table which I propose to circulate in the Official Report. There are currently 19 permanent staff and four consultant drafters serving in the office. In December 2002, 18 permanent staff and four consultant drafters were employed. Three assistant Parliamentary Counsels, grade II, were promoted following an internal competition to assistant Parliamentary Counsel, grade I, on 14 November 2007. As a consequence of this and of the Department of Finance sanction of 26 July 2007, five vacancies at assistant Parliamentary Counsel, grade II, level arise. A competition organised on behalf of the office by the Public Appointments Service in respect of those vacancies was held in December 2007. Three of the successful candidates will join the office on 25 February, 3 March and 28 April, respectively. The office intends organising a further competition before the summer to fill the remaining two vacancies.

803 Ceisteanna — 12 February 2008. Questions

[The Taoiseach.] Permanent Staffing in Office of Parliamentary Counsel to the Government — February 2008

Grade Number Serving Number of Vacancies

Chief Parliamentary Counsel 1 — First Parliamentary Counsel 1 — Parliamentary Counsel 4 — Assistant Parliamentary Counsel (Grade I) 7 — Assistant Parliamentary Counsel (Grade II) 6 5

Total 19 5

Deputy Eamon Gilmore: It is clear from the Taoiseach’s reply that the Office of the Parliamentary Counsel, formerly the Office of the Parliamentary Draftsman of the Office of the Attorney General, is under-staffed. Is this under-staffing the cause or is it a contributory factor in the delay in legislation being published? I refer to a number of pieces of legislation which have been in the pipeline for some time, including the Ombudsman (amendment) Bill, originally promised in 2003, the broadcasting Bill, the employment agency regulation Bill, which now appears to be dropped from the immediate publication list, the employment law compliance Bill, the Dublin transport authority Bill and others. Is the delay due to a shortage of staff? Are contract staff employed in the drafting of legislation and, if so, are they from outside the State?

The Taoiseach: A number of points are raised; if there were a far bigger staff maybe it would ease the burden on the office. It is and always has been a very busy office. As Deputy Gilmore said, its title has changed from the Office of the Parliamentary Draftsman to the Office of the Parliamentary Counsel. In three of the past four years it received increased posts and an increase in staff but overall numbers have not changed a lot — in my reply I mentioned regrading. The office’s legislation output keeps up with a very high average. If one looks at the capability of the office to produce legislation over a longer period rather than recent months one sees much of the legislation was enacted prior to the election, which cleared up a lot of the Government’s legislation programme. Some 109 Bills were enacted in the 29th Da´il and plenty of Bills are before the House. Recently, the office finished very substantial Bills. The Finance Bill, the Social Welfare and Pensions Bill, the Motor Vehicle (Duties and Licences) Bill, the Student Support Bill have all been published and the Immigration, Residence and Protection Bill also took a great deal of work, not to mind all the statutory instruments the office works on. It is an enormously busy office. Last year again it turned out a higher number of Bills than in the previous period and a whole range of Bills are coming through. Often it is a question of Departments organising the data and the work rather than the Office of the Parliamentary Counsel which I find to be efficient and quick in dealing with the issues once they are clear in Departments. Bills such as the Finance Bill, the Social Welfare and Pensions Bill and the Immigration, Residence and Protection Bill are major Bills and priority has to be given to them. Obviously other Bills will fall back, that is inevitable. With regard to contract workers, at present there are a small number of staff under contract, I think it is four. Four people left for career breaks or secondments and two of them have returned. It is intended to phase out contract staff over a period of years because sufficient permanent trained parliamentary counsel are in place. The figure will remain at four — this year is a difficult year because one of the contract staff is not available for the year. Two more will finish up their time during the course of this year. The office is trying to engage more from 804 Ceisteanna — 12 February 2008. Questions common law jurisdictions. I am told there has been a positive response to a trawl of these jurisdictions and there are two potential drafters. They are working with four at present, with two of those due to go. The difficulty, as Members know, is the length of time it takes to bring in and train experienced drafters. Most of these contract drafters brought in are people who have retired in common law jurisdictions who come here for a few years. They are and have been hugely important to the system. Obviously, as they are retired people, they stay a number of years and will move on. They are essential to building up the base. The office hopes to be able to get out of this situation. I have seen this develop over a number of years; the number is as low as it has been any time in the past 20 years.

Deputy Eamon Gilmore: Are particular difficulties being encountered in recruiting parliamentary draftspersons? In his reply the Taoiseach said five vacancies were advertised last July, three of which are about to be taken up in the coming weeks, which is welcome. He also said it is intended to re-advertise for two more positions. While I do not want to stray into us commenting on the qualifications and suitability of applicants, will the Taoiseach indicate why this might be the case? The Government legislation committee is the body to drive the drafting and preparation of legislation. Who are the members of that committee and how does it function? We are dealing with the consequences in that the flow of legislation from the Government has slowed down significantly since the general election. Either Ministers are not driving the preparation of legislation or there is a problem possibly in the Attorney General’s office.

The Taoiseach: The problem is with suitable staff. In the last Public Appointments Com- mission interviews for assistant Parliamentary Counsel in December, there were five vacancies. Three candidates will take up office from this. Only three qualified in the previous competition, of which two took up office in mid to late 2006. I am informed this is not unusual. In the last competition across the water, 359 applications were made for the Parliamentary Counsel recruitment scheme but only seven applicants were successful and up to the required standard. We did well to get three suitable candidates in the last round. Each time the problem is getting people of sufficient competence and standing to take it forward. The committee, chaired by the Government Chief Whip, is responsible for the legislative programme. Senior officials from the Office of the Parliamentary Counsel and the Office of the Attorney General are on the committee and consult all relevant Departments. Before the general election a large number of Bills were completed and people worked to the end position. Obviously, the programme for Government took up much time in the autumn before much of the legislation was enacted. There are a large number of Bills coming through. In fairness to the Parliamentary Counsel staff, they had to deal with the immigration Bill, which is a very large Bill, the Finance Bill, the Social Welfare and Pensions Bill. A large number of other Bills are coming through, such as on health and retirement, and they have taken up much time. When a large Bill is being prepared, it is allocated to one dedicated person in the Parliamen- tary Counsel office who is then out of the equation as regards other legislation. There are also statutory instruments. While it is a busy office, it is difficult to get the necessary people to do the work. We are fairly well up to full numbers in the office and we will be down to two vacancies in a few weeks’ time.

Deputy Caoimhghı´nO´ Caola´in: In order to have a better understanding of the actuality of the Office of the Attorney General’s role in the drafting of legislation, will the Taoiseach give a percentage of legislation prepared directly by staff employed in the Attorney General’s office? What is the proportion or percentage of legislation contracted out? How is that divided

805 Ceisteanna — 12 February 2008. Questions

[Deputy Caoimhghı´nO´ Caola´in.] up? Is there a pattern there on an annual basis? Do Departments draft their own legislation? Do they also contract out work for drafting? The Taoiseach referred to 19 staff and four consultant drafters in the Attorney General’s office. Are consultant drafters employed in each Department? In relation to the current trickle of legislation reaching the Houses of the Oireachtas, which has been a reality for some considerable time — certainly since the resumption after the summer — what responsibility would the Taoiseach ascribe to the Office of the Attorney General for this delay? Does he accept that it is wholly and absolutely his responsibility and that of his Cabinet colleagues? Can he be more informative and give the House a sense of the role, if any, played by the Attorney General’s office in the delay in the presentation of legislation that we have experienced for a considerable number of months?

The Taoiseach: In answer to the Deputy’s first question, some Departments have people with experience and expertise in drafting legislation, which is very helpful in the preparation of Bills, particularly in areas such as social welfare and tax law. In these areas, some Bills appear in the same format every year, so they are not as complex and difficult to draft as, for example, a Finance Bill or the Immigration, Residence and Protection Bill to which I referred earlier. There is some expertise in the Departments. However, the Attorney General and the Chief Parliamentary Counsel will always say that even when a Bill is outsourced, it must be returned to them so they can check for consistency and ensure legal certainty. That has always been the case. They are not prepared to sign off legislation that has not been cleared by them to their satisfaction. I am not saying the work done in the Departments is not helpful, but even when the work is done by others the Chief Parliamentary Counsel and the Attorney General must be able to stand over it. If there are challenges, difficulties or problems, it is their responsibility. Although I stated earlier that 109 Bills were enacted in the last Da´il, the total was actually 209 Bills. Much of the ongoing work of preparation and amendment of Bills during their passage through both Houses of the Oireachtas is done at short notice by the parliamentary draftspeople. Much of the legislation promised for the last session is technical and complicated and will require considerable legal checking. The Immigration, Residence and Protection Bill took a large amount of time to prepare. Quite a lot of legislation is coming in, including two statute law revision Bills which have been dealt with in recent times. Over the past few weeks, we have passed a few Bills each week in Cabinet. Sometimes there are delays within Departments due to debates on policy issues that arise when Bills have been partially drafted or items that must be checked against previous legislation. Some of these prove quite complex. As I mentioned last week, the long-stay residential care Bill regarding the elderly raised legal questions and constitutional issues to do with property rights and these must be teased out. This takes time. It is not that anybody is delaying the process — it is just that the issues must be dealt with before moving on to the next stage.

Deputy Caoimhghı´nO´ Caola´in: I posed a question at the outset regarding the percentage of legislation dealt with in-house in the Office of the Attorney General versus that contracted out. If the Taoiseach is not in a position to give us an informed answer, I accept that. If that information is not immediately available we will understand. However, if the Taoiseach could obtain this information and provide it to us, it would give us a sense of the way in which things are working, or not working, as the case may be. In 1998, the Government established a consultative committee on law reform under the aegis of the Office of the Attorney General. This was to assist the Attorney General in setting a programme of law reform, selecting specific topics for reference to the Law Reform Com- mission and monitoring the implementation of the commission’s recommendations. Is the

806 Ceisteanna — 12 February 2008. Questions

Taoiseach’s Department represented on the consultative committee? Where stands its work at this point?

The Taoiseach: Very little legislation is contracted out. The Department of Justice, Equality and Law Reform does so because it has the lion’s share of Bills every year. That must still be vetted and cleared before approval by the parliamentary counsel. One gains some time but it does not alleviate the workload of the Department. Very few other Departments contract out legislation and most of it is done within the Department. Only a small percentage is involved. I will check the exact figure but it could be different in any one year. A programme is fixed every few years and the Law Reform Commission works very closely with and consults people in my Department. It reports on that work programme on an annual basis. There are normally six or seven items on priority that it works through. It then sets a new programme at the end of every third year.

Deputy Charles Flanagan: In respect of the Taoiseach’s initial reply, does he accept that we are dealing with a bottleneck? Does he accept that legislation, having been agreed at Cabinet, then goes for formal drafting and that the difficulty lies in the technical procedure involved in that? Does he accept that part of the paucity of legislation in recent times has been solely due to the fact that the office is very much understaffed? Having regard to the fact that the primary duty of this House is the enactment of legislation after full deliberation, will the Taoiseach encourage the practice of publishing departmental heads of Bills and transmitting them to this House or possibly its committees for deliberation prior to the legislation coming in initial Bill form? That would allow for the input of Members and could give rise to a more efficient processing of legislation? The former Minister for labour affairs, Eithne Fitzgerald, possibly pioneered the publication of heads of Bills, a practice which was, unfortunately, discontinued by various Governments led by the Taoiseach. Perhaps his office, in conjunction with the Office of the Minister of State at the Department of Taoiseach, Deputy Tom Kitt, will consider that as a reformist measure of some consequence?

The Taoiseach: It is not correct to say that we stopped that. The heads of two very substantial Bills were put out last year. That helped the Charities Bill, which was one of the largest Bills passed by the House in recent years, and the Broadcasting Bill, which was dealt with by way of a consultation process on the Internet. I am in favour of publishing the heads of Bills and having consultation on them. It is suitable in many areas although it may not be so in others. It is a good way of having consultation and it is usually done when working with the social partners. We do it for the reason that it leads to proper consultation. It was done in respect of a number of Bills last year and it is a good way of doing business. When legislation leaves the Cabinet, further teasing out of policy issues often takes place. When that legislation is drafted, it must bear reference to any legislation in this area. That can be quite difficult when there is no consolidated Bill because one must examine Bills that go back to God knows when, such as pre-1922 legislation. That happens with many Bills before us, including justice Bills — I think we discussed 1935 legislation last week. The amount of checking of chronological statute tables that must be done is complicated. It might not be so complicated in an area involving a standard Bill where there is regular updating of legislation. Case law is also involved. Much of the legislation is difficult to deal with and, when dealing with large Bills, it holds up the system, as we saw recently with the Finance Bill, the Social Welfare and Pensions Bill and the Immigration, Residence and Protection Bill. Those three Bills are highly complex legislation and that affects others that are coming through the system. The delay is not always on the Parliamentary Counsel side, it is often because issues have not been completed in Departments.

807 Ceisteanna — 12 February 2008. Questions

Deputy Eamon Gilmore: I suggest another approach to reforming the way we deal with this issue? This House makes laws. It is a Legislature and we seem to have an old-fashioned approach to the initiation and drafting of legislation in that, by and large, 99% of the legislation that goes through this House is initiated by Government. It goes through the Attorney General’s office and so on and, as Deputy Flanagan said, it is bottlenecked there. Have we not reached the point where the initiation of legislation might be done here in the House, perhaps in committees, taking legislative proposals from individual Deputies or Private Members’ Bills, some of which, in fairness to Government, were accepted on Second Stage subject to refine- ment later? Would that ensure that we had more and better legislation and a greater involvement of Members of the House in legislation if some Parliamentary Counsel were attached to the Office of the Houses of the Oireachtas instead of to the Office of the Attorney General and were available to committees, individual Members or whatever to prepare legislation which could be put on the floor of the House? Many legislative initiatives could be taken by individual Members of the House from whatever side or by committees that would not necessarily be politically controversial but would ensure a greater output of legislation from the House and a more productive involvement by Members of the House?

The Taoiseach: The number of Bills introduced in the past two years was 42 and 38. That is a high number as against many other parliaments — I have seen that chart. It is not the case that the workload or throughput here was not high in the last Da´il. There were over 208 Bills, approximately 40 a year — that is the average — so we are covering a large amount of legislation. Private Members’ Bills, when they are focused on and confined to a certain area, can be very helpful. In the case of a large Bill the Parliamentary Counsel will find an enormous number of inconsistencies because the drafters cannot have available the chronological tables and database that the Attorney General’s office and the Parliamentary Counsel has to check 3 o’clock and cross-check. The green copy tends to have a huge number of inconsistencies. I understand that and it is not to say people are not trying their best. Even when Departments are trying to prepare Bills or in the case of an outside contract, if the legislation was to go through in that form it would be extremely faulty. I have heard probably ten Attorneys General give that advice over the years so we must be cautious about that. Other parliaments try to have more discussion when Private Members’ Bills are brought forward by members. That is not bad but if the concept or some of the work is useful they have to go back to be proofed. I have not seen a Bill produced that could go right through the system, except in the case of a very short Bill on a moot point. There is usually a lot of work involved in any substantive legislation, even from outside draftsmen or departmental Parliamentary Counsel. The Parliamentary Counsel have that specialist knowledge and perhaps they would always say that, but it has been the case that they have to proof it.

Regulatory Reform. 3. Deputy Leo Varadkar asked the Taoiseach the methodology used to carry out regulatory impact assessments; if he is satisfied that this methodology properly assesses regulatory costs; if he has plans to reform the RIA process; and if he will make a statement on the matter. [31336/07]

4. Deputy Enda Kenny asked the Taoiseach if he will report on the implementation of the recommendations of the OECD report on regulatory reform; and if he will make a statement on the matter. [34144/07]

808 Ceisteanna — 12 February 2008. Questions

5. Deputy Caoimhghı´nO´ Caola´in asked the Taoiseach if he will report on the implementation of the OECD regulatory reform report; and if he will make a statement on the matter. [35286/07]

6. Deputy Enda Kenny asked the Taoiseach if he will report on the implementation of the recommendation of the OECD report on regulatory reform; and if he will make a statement on the matter. [3549/08]

7. Deputy Eamon Gilmore asked the Taoiseach the progress to date with regard to implementation of the OECD report on regulatory reform; and if he will make a statement on the matter. [36123/07]

The Taoiseach: I propose to take Questions Nos. 3 to 7, inclusive, together. Since the OECD report, Regulatory Reform in Ireland, was published, significant progress has been made in the area of regulatory reform. The Government White Paper, Regulating Better, published in January 2004 in response to the OECD’s report, provides the basis for work on the better regulation agenda. Some of the key areas outlined in the OECD report and the White Paper relate to specific sectoral issues and the appropriate Ministers for those sectoral areas are responsible for reporting directly to the House on progressing those recommendations. A dedicated unit within the public service modernisation division of my Department is tasked with promoting the better regulation agenda generally. In the context of the work of that better regulation unit, I will briefly outline for the House progress in the three areas of regulatory impact analysis, modernisation of the Statute Book and improving the regulatory environment for business. Since 21 June 2005, regulatory impact analysis, RIA, must be applied to all proposals for primary legislation, significant statutory instruments, draft EU directives and significant EU regulations. RIA is a tool which is used to assess the likely effects of a proposed new regulation or regulatory change. It involves a detailed analysis to ascertain whether the regulation would have the desired impact. It helps to identify any possible side effects or hidden costs associated with regulation and to quantify the likely costs of compliance on the individual citizen or business. It also helps to clarify the costs of enforcement for the State. To ensure that RIA is proportionate and does not become overly burdensome, the RIA model involves a two-phase approach. Regulations with a relatively low impact are subject to a screening RIA, a preliminary, less detailed analysis. A full RIA involving more extensive and detailed evaluation is applied to more significant regulations. An independent review of the operation of RIA commenced on 31 October 2007 in line with the terms of Towards 2016. The review will assess the effectiveness of the current RIA model, having regard, in particular, to the principle of proportionality and current international best practice. RIA outputs from Departments and offices will be assessed on a quantitative and qualitative basis, having regard to the requirements of the RIA model itself. The review will also examine the effectiveness of current supports available to officials involved in preparing RIAs and recommend how best to support the RIA process into the future. At the end of the review, recommendations will be made for any necessary changes to the model itself or to its operation. It is expected that the report on the review will be finalised shortly. The better regulation unit of my Department has, together with the Office of the Attorney General, steered and focused work in the area of modernisation of the Statute Book. The current phase of the statute law revision project, focusing on local, personal and private Acts,

809 Ceisteanna — 12 February 2008. Questions

[The Taoiseach.] will see the completion of analysis of all pre-1922 primary legislation and the availability of a complete list of such legislation that remains in force. The statute law revision project is helping to clear away thousands of redundant and obsolete Acts so that we can see what needs to be repealed and re-enacted in modern, consolidated form. In this regard, good progress is already being made in areas such as land law and conveyancing, company law and financial services. In addition, the Law Reform Commission is undertaking a programme of statute law restatement which will make legislation more accessible by providing, in the case of selected Acts, a single, up-to-date text, including all amendments. This process of restatement will also facilitate future consolidation and modernisation of legislation. The programme for Government includes a commitment to instigate a review of the economic regulatory environment, which fits well with elements of the action programme for better regulation contained in the White Paper. An interdepartmental group, chaired by my Depart- ment, has been tasked with advancing work in this area. An independent benchmarking review is being commissioned to address the need for stronger international data and benchmarks in order to assess the comparative efficiency and effectiveness of key Irish economic regulators. The review is expected to make recommendations on improving regulatory structures in Ireland, drawing on international models of regulation. The tender process for this review was initiated on 12 December in the Official Journal of the European Union and on the e-tenders website. In line with the relevant guidelines, the closing date for the receipt of tenders was 8 February and tenders are currently being assessed. It is anticipated that the review will commence at the end of March and last approximately six to nine months. The interdepartmental group is also currently examining a range of measures to enhance accountability and the transparency of regulators’ operations and, arising from its recommendations, the Oireachtas Joint Committee on Economic Regulatory Affairs was recently established. The committee’s terms of reference focus on the operational efficiency of regulators in key economic sectors such as energy, communications, transport, health and safety and financial services. The committee has already been briefed by officials of my Department on the review of the economic regulatory environment and has also met with the Health and Safety Authority and the Commission for Communications Regulation in pursuance of its terms of reference.

Deputy Enda Kenny: One would nearly want a legal team to absorb all that, whoever laboured long and hard over it. The report from the Taoiseach’s Department on the introduction of regulatory impact analysis or RIA, as it is called, states that a so-called screening RIA should apply to all primary legislation which proposes changes to the regulatory framework. Did the Government consider, for example, an RIA in respect of the social welfare Bill which is to regulate pension fund administrators? I do not say whether I agree or disagree with it, but did the Government consider an RIA in that case because it introduces a change in the regulatory framework? The same report stated that a full-scale regulatory impact assessment involving a qualified cost-benefit analysis would have to be produced and published in a case where there was significant Exchequer expenditure and that the Department of the Taoiseach would be the monitoring Department for that, and for all other Departments, to ensure that this was done to an adequate standard. Why was a full RIA not published in the case of the Carbon Fund Act 2007, which involved expenditure of \207 million on carbon credits, in view of the fact that it related to significant Exchequer expenditure? Why did the Department consider it sufficient

810 Ceisteanna — 12 February 2008. Questions to say in that case in costing other options to meet Kyoto commitments, which are a big issue with the Government, such as domestic emissions cuts, that these were impossible to calculate? Why, therefore, was a full RIA not requested and published in that case of significant Exchequer expenditure?

The Taoiseach: As I stated, regulatory impact analysis must be applied for all proposals for primary legislation. They cannot go through the system unless an RIA is carried out on them. This does not just include primary legislation; it also includes statutory instruments, European Union directives and significant European Union regulations. All of the proposals must automatically go through that system.

Deputy Enda Kenny: So the pension fund regulation would have gone through this process?

The Taoiseach: It must have gone through the process. Whether a proposal relates to primary legislation, statutory instruments, European Union regulations or European Union directives, they must all go through the process. It is done in two ways so that it does not become just a costly and burdensome process. This was one of the issues that Departments but especially business felt strongly about. The model involves a two-phase approach. Regulations that have a low impact, that will not significantly change anything, go through a screening process. I cannot tell Deputy Kenny which process the Bill went through. Bills go through the screening process for a preliminary less detailed analysis if it is considered that it is good enough. If there is a full RIA, then a Bill must go through what is a very extensive and very detailed analysis. To date, in excess of 200 full RIAs have been carried out since the process began. Practically everything has gone through it. In the review process that is currently under way, they are looking at three years of work to see what else they should do, whether the process is too cumbersome and if there are issues on which they should pick up. It is not just a question of doing as we did in the past, namely, to legislate or regulate and build more bureaucracy on top of that which existed rather than finding a simplified way of doing something. The whole value of regulatory impact analysis is that it is thought out in advance in terms of whether it is necessary to have more regulation, statutory instruments or more confined legislation, or whether there is a better, cheaper or more constructive way of doing something. That assessment takes place before we go through it. It is not done by Departments only. There are outside groups in committees, which are made up of business people and others involved who have an interest in the regulation, where they can make their input. I would say the review will come up with suggestions because there was an agreement in Towards 2016 that it would be done for three years and then there would be an assessment. We are just at the end of the three- year programme. As I understand it, every single proposal must go through this initial period. I should mention that one of the difficulties in year one was that we did not have enough trained staff across the Departments to do this work. It had never been done before as we would just legislate. A training programme has been going on for the past year or two and more than 240 officials across Departments have undergone these RIA training sessions which give staff the expertise. There is an argument in some areas that perhaps within the system we do not have enough highly qualified people and that is an issue that is being looked at in the review.

Deputy Enda Kenny: I asked the Taoiseach was there an RIA considered for the social welfare fund regulators and why was it not published. That is a change in the legislative framework. Second, was a full RIA published in the case of the Carbon Fund Act 2007, involving significant expenditure of \207 million? The Taoiseach also stated that these were to be pub-

811 Ceisteanna — 12 February 2008. Questions

[Deputy Enda Kenny.] lished on websites. Of the 200 RIAs he mentioned, how many are up on websites for public scrutiny? In 2001, the OECD issued a report which stated clearly that the Government should make far greater efforts to reduce red tape and administrative burdens on the regulatory framework involving business, which was being strangled. Four years later the Government set up the Business Regulation Forum chaired by Donal de Buitle´ir and arising from that the Minister for Enterprise, Trade and Employment, Deputy Martin, stated that a red tape reduction target would be set within two months. The Minister of State at the Department of Enterprise, Trade and Employment, Deputy Michael Ahern, admitted recently that this target had not been kept but that another review group was set up. Given that the Minister for the Environment, Heritage and Local Government, Deputy Gormley, who seems to be around the country collecting patio heaters, is now sending county council workers in to assess farmers for various activities, can we not get clarity from Govern- ment on the real drive here to have a target for reduction of red tape and administrative burdens, which are strangling small businesses and the self-employed all over the country? There were some welcome changes in the Finance Bill, but the target announced by the Mini- ster, Deputy Martin, was never decided upon and the Minister of State, Deputy Michael Ahern, stated that target, whatever it was, cannot be met and there is now another review group. We are in a very difficult situation where we are clearly losing out on competitiveness and Govern- ment can have an impact on this by reducing red tape and administrative burden. Will Government state its target for reduction of red tape, by 2% per year or whatever, and give the dates by which that will be achieved, and let those who want to operate within the system and drive their businesses do so?

Deputy Eamon Gilmore: On the last occasion when we dealt with this issue of regulation in October, I asked the Taoiseach about the Government’s plans for regulating the legal professions and in reply he told me that there would be a legal services ombudsman, as provided for in the Civil Law (Miscellaneous) Bill 2006 that was then before the House. Since then that provision for a legal services ombudsman was dropped from the Civil Law (Miscellaneous) Bill 2006 by the Minister for Justice, Equality and Law Reform and I understand that it is intended to be introduced as separate legislation. Given that since October we have seen a parade of solicitors before the Law Society and, indeed, the courts for various forms of alleged mis- demeanour and mishandling of clients’ money and business, and given the statement made by the Law Society to the effect that it would now welcome State regulation of the profession of solicitors, which is a significant change in its position on that matter, does the Government intend to introduce legislation to regulate the two legal professions? When will the Bill to provide for the legal services ombudsman be presented to the House?

The Taoiseach: On the first point, the preliminary results from the review of the operation of the RIA process seem to indicate that in the region of 70 assessments have been produced since its introduction. Some 70 full RIAs have been produced across Departments and offices, although I do not know if they have been produced on the websites. Also, they have looked at areas from the preliminary results of the review to bring about considerable improvements. With regard to the red tape initiative, a number of areas come under my jurisdiction, including the Statute Book, the consolidation of Acts, the simplification of statutes and the chronological tables. These initiatives are well advanced, but it will probably take another year or two to get them entirely up to date. The advances made have significantly assisted business, but

812 Priority 12 February 2008. Questions there are many other areas to be dealt with, for example, taxation on which the Ta´naiste introduced a number of initiatives this year and last year to simplify matters. Work remains to be done also to simplify the area of enterprise, trade and employment and company law. I am not sure where the next company law Bill, which is a very large Bill, stands. A huge range of issues must be simplified in that area for business. A significant amount of work has been done, but the remaining parts must be legislated for. Company law legislation will be essential. In response to Deputy Gilmore’s question, as I understand it, because of all that goes on, the Minister wanted to review the entire area. He believes it is appropriate to do this in a single legislative Act, rather than just in a section in the Bill as the Deputy suggested. It will take some months before that review is complete, therefore, I do not expect to see the Bill this side of the summer.

Deputy Eamon Gilmore: What about solicitors and the regulation of the professions?

The Taoiseach: The Bill to deal with the legal services ombudsman will be introduced this session, but the Minister has not come to final conclusions on the issue of the professions.

Deputy Michael Ring: Will that Bill come before the House?

The Taoiseach: It must do so.

Priority Questions.

————

Film Industry Development. 108. Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism the measures planned to encourage the revitalisation of the film industry; and if he will make a statement on the matter. [4989/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): Primary responsibility for the support and promotion of film-making in Ireland in respect of both the indigenous sector and inward productions is a matter for the Irish Film Board, IFB. This agency is funded through the Department and is independent of the Department in its day to day operations. The task of attracting international production into Ireland is dependent on a number of elements, not all of which fall within the sphere of influence of the Department or the Irish Film Board. Decisions to site a film project in a particular territory involve complex funding, cultural, logistical and project-specific elements, all of which are crucial for a successful result. My Department’s primary operational role in supporting the film sector relates to the administration of elements of the section 481 tax relief scheme. This scheme is kept under regular review in conjunction with the Irish Film Board and any enhancements necessary to retain or regain competitiveness are addressed and brought to the attention of the Minister for Finance as appropriate. The scheme was amended and enhanced in the Finance Acts of 2000, 2003, 2004, 2005 and most recently in 2006. In his budget speech of 2008, the Minister for Finance announced that he was extending the scheme for a further four years, until the end of 2012, following a review of the scheme by Indecon International Economic Consultants. I welcome this extension of the scheme and the proposal in the Finance Bill to increase the overall ceiling on qualifying expenditure from \35 million to \50 million.

813 Priority 12 February 2008. Questions

[Deputy Se´amus Brennan.]

Furthermore, the proposal in the Indecon report to extend the Exchequer support even further, through an enhanced grant scheme of direct aid to film makers, as an optional alternative to section 481 is a very positive one. I will finalise the details on that proposal with my colleague, the Minister for Finance, over the coming months so that it is ready, if possible, for 2009. That enhanced scheme would mean more direct investment in film and television production and will also allow an increase in both the rate and quantum of support at no additional cost to the taxpayer. It has the potential to address the twin objectives of restoring Ireland’s competitiveness for international film production and providing a more effective incentive for lower budget indigenous productions. An area which I considered needed examination was measuring and capturing the full scale, value and potential for growth of the audio-visual production sector in Ireland. I am pleased that the Irish Film Board has recently commissioned a major independent survey of the audio- visual production sector in Ireland. The survey is under way and is due to be completed by the end of April 2008. The survey will provide a complete and accurate description of the character, scale and value of the entire industry as it currently exists and provide an objective starting point from which to chart a plan for the future and act as a benchmark from which to accurately measure progress. Another important element of a successful film industry is the availability of adequate, fully equipped studio resources that can cater for the needs of indigenous and incoming film and television productions and this is a key factor in the Irish Film Board’s role of marketing Ireland as a film location. The Irish Film Board was asked to prepare a report on the future options available for film studios in Ireland. The report was received and is being examined in my Department. The industry in Ireland has never been stronger in terms of international recognition and commercial success. This is evidenced by the Oscar nominations this year and the critical and financial successes of numerous films in recent times. Our challenge is to continue to build on those successes and I am examining the possible establishment of a high powered film commission to assess all aspects of the industry and its future potential.

Deputy Olivia Mitchell: I am sure other Members, including the Ceann Comhairle, will join me in congratulating Mr. Damian Foxhall, the first Irish co-skipper to win a round-the-world yacht race. That is a remarkable achievement. He is from the same maritime county as the Ceann Comhairle. It is a first and we should send our congratulations to him and his co-skipper. The Minister was heavily lobbied on the tax incentives and there were minor tax enhancements but not enough to significantly rescue the film industry, which is on its knees. I welcome additional funding to the Irish Film Board but that is for Irish film, and it is right that it should be. However as the Minister knows, to get the economies of scale needed in the film industry to retain crews and actors and get the facilities needed we must attract international films, such as we have done in the past. The Minister knows that Ardmore Studios is on its knees. It just lost the film “Mary Queen of Scots”. The production team was here interviewing and has pulled out because of the better incentives available in Scotland. It is another nail in the coffin of a significant part of our indigenous industry. It behoves the Minister to be active on this. What is envisaged if the tax incentive is not available? We have a successful indigenous industry but it has not, and never will have, the economies of scale to sustain itself unless supplemented by something from abroad.

Deputy Se´amus Brennan: I spoke to Mr. Foxhall and conveyed our best wishes on his great victory. We are proud of his achievement.

814 Priority 12 February 2008. Questions

I share many of Deputy Mitchell’s views. The Irish film industry has done well but is only scratching the surface. There is enormous potential and I have made this clear to the Irish Film Board. The Government will do what it can in financial supports. In my reply I said we have extended the tax relief to 2012 and are studying whether the direct grants outlined in the Indecon report would be practical. The industry has the equivalent of 1,800 full-time jobs, which is significant. Expenditure in the industry last year was over \280 million, which is considerable. Studies by the Irish Film Board show that for every euro it invests, it generates a return of approximately \10. We are doing very well in television and short production. We could do much more in feature films. We are examining implementing the Indecon report and the direct grant scheme alongside the tax breaks scheme. We will keep in mind the existing performance. I am examining the possible establishment of a high powered film commission that might advise Ireland. I am looking at the possibility of finding some international expertise, separate from the day-to-day operation of the film industry and the Irish Film Board, who might have a view on where the Irish film industry might take itself in the next five years.

Deputy Olivia Mitchell: Will the Minister clarify what he said about direct grants in the 2009 budget? Is he talking about direct grants to international film producers rather than home- produced films?

Deputy Se´amus Brennan: The Indecon report recommended direct grants and I said we would study that coming up to the 2009 budget.

Deputy Olivia Mitchell: I hope we still have a film industry in 2009.

Sports Funding. 109. Deputy Mary Upton asked the Minister for Arts, Sport and Tourism the reason for cutting the funding to the sport in disadvantaged areas scheme by 25% in the 2008 budget; his views on whether this will necessitate the removal of several programmes in some of the most disadvantaged areas here; and if he will make a statement on the matter. [4754/08]

Deputy Se´amus Brennan: Through my Department special funding of \1.5 million has been allocated from the dormant accounts fund this year to provide opportunities for persons with a disability to participate in sport and physical activity by way of the appointment of sports inclusion development officers in local sports partnerships. In 2007 funding of almost \2 million was allocated from the dormant accounts fund through my Department for projects to increase participation in sports and recreation in disadvantaged areas. My colleague, the Minister for Community, Rural and Gaeltacht Affairs, has overall responsibility for dormant accounts spending and the funding through my Department is an element of a larger set of economic and social disadvantage funding measures. In addition to these special measures under the dormant accounts fund, my Department also provides funding for sports in disadvantaged areas through the Irish Sports Council and the sports capital programme. My Department funds the Irish Sports Council, the statutory body responsible for the development of sport in Ireland, and has allocated over \57 million to the council in 2008. This significant level of funding has enabled a number of significant interventions for the benefit of disadvantaged areas. Examples include the local sports partnerships, LSP, network, the Buntu´ s programme for primary schools in LSP areas, development officers in national governing bodies and special funding to the FAI, the GAA and the IRFU.

815 Priority 12 February 2008. Questions

[Deputy Se´amus Brennan.]

Under the sports capital programme, which is administered by my Department, funding is allocated to sporting and community organisations at local, regional and national level throughout the country towards the provision of sport and recreational facilities. One of the stated aims and objectives of the sports capital programme is to prioritise the needs of disadvantaged areas in the provision of facilities. Since 2002, those areas that have been designated by Govern- ment for special support through the schemes administered by the Department of Community, Rural and Gaeltacht Affairs, namely, RAPID, local drugs task forces and CLA´ R areas, are treated as disadvantaged under the programme. Projects identified as being located in areas designated as disadvantaged are targeted and prioritised in a number of ways during the assessment of applications. Successful projects under the sports capital programme in CLA´ R and RAPID areas may qualify to receive additional top-up funding, payable by the Department of Community Rural and Gaeltacht Affairs, in addition to their sports capital allocation. In 2007 over 1,530 applications were received for the programme and provisional allocations totalling \85 million were made to 935 projects. Grants totalling \38.68 million were allocated to 455 projects in disadvantaged areas under the 2007 sports capital programme. My colleague, the Minister for Community, Rural and Gaeltacht Affairs, has announced top-ups for qualifying grantees of just over \6.9 million.

Deputy Mary Upton: I thank the Minister for that detailed explanation of how the money is distributed. My key point was that a very modest amount of money was set aside for disadvantaged areas. In 2007 that was \2 million and in 2008 it has been cut back to \1.5 million. All the other moneys are available and under the sports capital programme they have always been there. This is additional money dedicated, I thought, to disadvantaged areas for minor or smaller projects. My concern is that those small projects may lose out because of the money being depleted. There is a cutback of \500,000 and in real terms it is more than that, given that there was a reduction from \2 million in 2007 to \1.5 million in 2008. It is a modest amount of money but I wonder why the tranche of money dedicated to disadvantaged areas was reduced.

Deputy Se´amus Brennan: I am glad Deputy Upton gave me a chance to clarify this because there is no cutback, although I can see how somebody reading it cold could come to that conclusion. These are two different schemes. In 2007 a once-off amount of \2 million from the dormant accounts fund was allocated to 781 projects in disadvantaged areas. That was a once- off allocation from that fund, which is not normally built into the spending of the Department of Arts, Sport and Tourism. The next year, in 2008 and going on into 2009, there is a figure of \1.5 million. While that appears to be a reduction, as the Deputy said in her question, it is a different scheme. The second scheme is a disability programme to do with the employment of special inclusion development officers and again comes from the dormant accounts as a once-off payment in each of the two years so we are unable to compare like with like. The funding the Deputy should be aware of is the figure I stated earlier regarding 1,530 applications and the amount which went to disadvantaged areas. There is no precise calculation but perhaps up to half of the funding for sport is going to targeted areas of disadvantage. I can get more accurate figures in that regard. While it would not be fair to compare these two figures, I can see how somebody coming cold to the situation might compare them. I confirm they are different schemes and are once off.

Deputy Mary Upton: While I appreciate what the Minister is saying, in 2007 there appears to have been a once-off payment of \2 million and a once-off payment in 2008 of \1.5 million — admittedly for different projects. However, it is a smaller once-off subscription whether in

816 Priority 12 February 2008. Questions the area of either disadvantage or disability. It appears to be a reduction of \500,000 however that money is directed.

Deputy Se´amus Brennan: The dormant account situation is unusual. Any Department that gets an offer of some millions of euro for any of its projects is happy to receive and allocate that money, which is what we did in this case. We allocated it on the basis of the area needing it at the time. A significant proportion of our investment in sport is targeted at disadvantage. Having spent a few years at the Department of Social and Family Affairs, I intend to increase the emphasis on disadvantage.

110. Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism the additional funding that has been made available to the Irish Sports Council to prepare for the Olympics in 2008; and if he will make a statement on the matter. [4986/08]

Deputy Se´amus Brennan: The Government has demonstrated an unprecedented commitment to sport as evidenced by the continued, substantial investment in sport, with a total sports budget of \336 million in 2008. The Deputy will be aware that the Irish Sports Council is the statutory body responsible for the development of sport in Ireland and that the level of funding to the Olympic bodies, national governing bodies of sport and elite athletes is therefore a matter for the Irish Sports Council in the first instance. In 2008, my Department has allocated more than \57.3 million to the Irish Sports Council, an increase since the last Olympic year of \26.6 million, some 86.4%. One of the Irish Sports Council’s primary functions is to encourage the promotion, development and co-ordination of competitive sport and the achievement of excellence in competitive sport. In this regard, the Irish Sports Council works in partnership with the Irish Institute of Sport, the Olympic Council of Ireland, OCI, the Paralympic Council of Ireland, PCI, and the relevant governing bodies of sport in the preparation and participation of Irish competitors at the Olympic and Paralympic Games. I am informed by the Irish Sports Council that significant progress has been made to date by all the agencies in preparation for the Beijing Olympics and Paralympic Games. The Olympic and Paralympic Councils of Ireland are the agencies responsible for the organisation and participation of the Irish teams at the Olympic and Paralympic Games. The Irish Sports Council provides annual funding to both councils for administration and programme costs aimed specifically at preparation for the games. The OCI and PCI have responsibility for a number of areas including team selection, following nominations from governing bodies of athletes that have reached qualification standards; selection of support personnel; team manager training programmes; preparation visits to Beijing by key personnel; heat and acclimatis- ation strategy; the organisation of multi-sport camps in advance of the games; all logistics at games time; and liaison with the organising committee and the International Olympic Committee.

Additional information not given on the floor of the House. Primary responsibility for the preparation and performance of individual athletes rests with the relevant national governing body or, in the case of Paralympic sports, the Paralympic Council of Ireland. I have invited the ISC, the OCI and the PCI to meet with me shortly to hear at first hand the preparations being made for Beijing. Arising from the Sydney review published in 2001 and the Athens review published in 2005, the Irish Sports Council has introduced many initiatives and programmes to enhance the preparations of Ireland’s Olympic and Paralympic athletes.

817 Priority 12 February 2008. Questions

[Deputy Se´amus Brennan.]

Many Irish athletes are preparing to compete at or qualify for the 2008 Olympic and Para- lympic Games in Beijing. I am assured by the ISC that planning has been comprehensive and well funded, with plans implemented by top quality professionals at every step. The ISC has defined success as meeting its target of six finalists at the Olympics. This target is still in place and hopefully will be achieved. Tomorrow, I will be announcing the Irish Sports Council’s package of investment in high performance sport in 2008. This comprehensive package will cover every aspect of Olympic and Paralympic preparation and will continue to develop and support elite sport in Ireland.

Deputy Olivia Mitchell: While that is a lot of talk, it does not hide the reality that in this Olympic year the Irish Sports Council’s allocation, in effect, decreased. While there is a \3.3 million increase in money terms on last year, that figure coincides exactly with the amount of money to go to the GAA players. It had been promised that this money would be additional. In effect, the Irish Sports Council, which is responsible for grant aiding the Olympic Council of Ireland and the athletes, has less money in this Olympic year. I am sure the Minister must be aware that far more intensive preparation is required this year. The athletes need to go abroad and participate in more events in order to qualify for the Olympics. We must be the only participating country with less money available to sport than last year. There is no point comparing to the last Olympic year. In comparison to last year, the Irish Sports Council effectively has less money to give to athletes. Can we really be serious? Was the Minister lobbied in any way? Did anybody point out to him that this is an Olympic year and that if we are serious about giving the type of high performance that encourages young athletes to come forward, we need to allocate at least a small token increase to show that we regard it as something important?

Deputy Se´amus Brennan: It is much more than a token. Tomorrow, I will announce the Irish Sports Council’s package of investment in high performance sport for next year, which is a very comprehensive package. Government funding to sport has increased by 14% since last year, which is significant. Bringing home the medals is not just a matter of piling in funds. I will ensure that any funds that are needed to ensure success are made available. The current Olympic cycle is from 2005 to 2008. The level of funding to the Irish Sports Council is \186 million. In this cycle, in preparing for these Olympic Games, the funding to the Olympic Council of Ireland has increased by 74%, which is a significant investment. We need everyone to pull together and for all the organisations to work towards a common goal of having a successful Olympic Games. That is not just about medals; it is about participation also and building a good strong team for these and future Olympics.

Deputy Olivia Mitchell: That is all very well. It is possible to do anything with figures. However, can the Minister confirm that the allocation to the Irish Sports Council this year was \3.3 million more than last year, which is the precise amount of additional money to go to the GAA players? In effect the amount of money going to all sports, with the exclusion of horse- racing and greyhound racing, has decreased in real terms in this crucial year of the Olympic Games.

Deputy Se´amus Brennan: No. I am telling the Deputy that the overall Government allocation to sport is \336 million.

Deputy Olivia Mitchell: I am asking about the allocation to the Irish Sports Council, which funds the Olympic team.

818 Priority 12 February 2008. Questions

Deputy Se´amus Brennan: That is an increase of 14% on last year’s funding of \297 million.

Deputy Olivia Mitchell: The Minister is being disingenuous.

Deputy Se´amus Brennan: The Irish Sports Council allocation is \57.3 million, which is an increase of 6.1%.

Deputy Olivia Mitchell: It is an increase of \3.3 million — exactly what is going to the GAA players, which was supposed to have been additional money.

Deputy Se´amus Brennan: My brief says the 2008 allocation to the Irish Sports Council is \57.3 million, which is an increase of 6.1%.

Deputy Olivia Mitchell: It is an increase of \3.3 million no matter how the Minister explains it.

Tourism Industry. 111. Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism the role he exercises in ensuring cross-departmental co-operation on issues relating to tourism policy; and if he will make a statement on the matter. [4987/08]

Deputy Se´amus Brennan: My Department and the tourism agencies operating under its aegis co-operate closely with other Departments and agencies on an ongoing basis through a wide range of channels and mechanisms, both formal and informal. The report of the tourism policy review group, New Horizons for Irish Tourism: An Agenda for Action, which set out the strategic framework for Irish tourism, highlighted the importance of Government commitment to creating and maintaining a positive environment for tourism investment and development. In particular, tourism policy was defined as encompassing not only the traditional role and functions of the Department and the State tourism agencies, but, in addition, all areas of Government policy and actions that impact in a significant manner on the development of tourism. The strength of the Government’s commitment to tourism is clear from the provisions of the programme for Government and the national development plan. Along with my Government colleagues, I am determined to develop the Irish tourism industry and provide it with sustained support and investment in the coming years. As I have previously outlined, my priorities include ensuring the tourism agenda is accommodated in the relevant policies and programmes which impact on tourism. This is being put into practice on an ongoing basis by my Department through intensive bilateral engagement with the relevant Departments and agencies on their policies and programmes, supported and complemented by the engagement of the tourism agencies where appropriate. This approach, which is consistent with the Government’s and my personal commitment to agile and lean government rather than bureaucratic and unwieldy structures, has worked and is working. Other approaches, such as a formal tourism council or standing committees, have been tried before and, from time to time, found to be less effective in delivering results. My Department and the tourism agencies engage actively in formal fora, such as interdepartmental committees and high level groups, where appropriate, which consider matters of major significance to tourism development. These fora include the interdepartmental working group on the sustainable travel and transport plan and the National Competitiveness Council. The strategic policy framework for tourism development incorporates not only specific policy

819 Priority 12 February 2008. Questions

[Deputy Se´amus Brennan.] measures, but also the broader policy agenda, which impacts on sustainable tourism development, such as competitiveness and the environment. The Department’s role has been supported by the tourism strategy implementation group, which was appointed in 2006 to, among other things, oversee the implementation of the outstanding recommendations in the New Horizons report. The group has, where appropriate, engaged directly with key Departments and agencies, such as the Department of Transport and the Central Statistics Office, in respect of specific areas with an impact on tourism strategy, such as transport and tourism statistics. I am satisfied that the arrangements outlined ensure effective and appropriate cross-departmental co-operation.

Deputy Olivia Mitchell: I thank the Minister. Utter frustration prompted my question because I have no doubt, nor do I have reason to doubt, that what the Minister stated is true. As far as the Daíl is concerned, however, the reality is that no matter what question is raised in respect of tourism, the reply is that the Minister has no responsibility to the Daíl for the matter or it does not fall under his remit. I am sure the Minister accepts that tourism is not a one-sector issue and that it cuts across many areas. Questions on matters involved in tourism directly must be answered on the floor of the Daíl. For example, why was the pre-clearance facility at Shannon Airport refused? Surely, there is no more important question or area of potential for tourism than the achievement of the facility. I am not asking the Minister to be accountable to the Daíl for what other Ministers may be directly accountable, but I expect him to report to the Daíl. Will the Minister consider answering questions like those on, for example, the future autonomy of the airports, the percentage for arts schemes and everything that crosses from his Department into others and that is crucial to the delivery of his Department’s remit?

Deputy Se´amus Brennan: If the Deputy goes back through the record of my time in the House, she will find that I am a Minister who seldom hides behind or points to an agency. I will indicate whether something is the primary responsibility of an agency, but I will give the Government’s and my thinking on the question. Tourism cuts across a range of sectors. Arts tourism is an important and growing area and sports tourism is exciting thanks to the attraction of events, particularly on an all-island basis. We held a number of all-island discussions on this issue with the Northern Ireland Executive, the First Minister and the Deputy First Minister as recently as last week. Event-led tourism is a significant sector in which we can invest. I would be happy to discuss Shannon Airport from these benches at any time. As the Deputy knows, we have invested heavily in it through the years and it tends to have good and bad news from time to time. If there is a specific question, I will answer it, if I am allowed.

Deputy Olivia Mitchell: These questions may never reach the Minister’s desk, but it is true that questions on agencies in particular are rejected. In his Ministry, all he does personally — I am not being insulting — is give out lottery money. There is an agency for nearly everything else. If tourism, sports, arts and culture are to be discussed in a real way——

Deputy Se´amus Brennan: The agencies need policies to direct them, which is my job.

Deputy Olivia Mitchell: I accept that, but we cannot raise these matters on the floor of the House and they are being rejected. I ask the Minister to bear this fact in mind because it is a cross-cutting Ministry that is full of agencies delivering——

820 Priority 12 February 2008. Questions

Deputy Se´amus Brennan: I am 100% in favour of responding to policy issues, even if there is a relevant agency.

Proposed Legislation. 112. Deputy John O’Mahony asked the Minister for Arts, Sport and Tourism when the Irish Sports Council (Amendment) Bill will be published; the autonomy the institute of sport will have in relation to decision-making under the Bill; and if he will make a statement on the matter. [4988/08]

Deputy Se´amus Brennan: The purpose of the Irish Sports Council (Amendment) Bill is to provide for the granting of powers to the Irish Sports Council to establish subsidiary companies, which may include the institute of sport and coaching Ireland. Policy issues arising from the drafting of the Bill are being discussed between my Department, the Department of Finance, the Irish Sports Council and the Attorney General’s office. As soon as these discussions are finalised, I look forward to publishing the Bill. Detailed arrangements for the relationship of the subsidiaries and the Irish Sports Council will be a matter for the council.

Deputy John O’Mahony: I know the Bill is due for publication, but will the Minister indicate what autonomy the institute of sport will have? Returning to Deputy Mitchell’s question on the Olympics this year, why is an institute of sport necessary if everything is hunky dory? It is important that the institute will have autonomy. Will it get its budget from the Sports Council or the Minister directly? In another sphere, we heard of a manager being appointed and selec- tors being imposed upon him. The question of autonomy is important. What indication can the Minister give at this stage on whether the institute will be autonomous? If it will have a board, who will appoint it and what bodies will be on it? The Minister mentioned the National Coaching and Training Centre, which will be transformed into Coaching Ireland. What role will it have and what changes will be made to the NCTC as a result?

Deputy Se´amus Brennan: As we progress the Bill and make final decisions on its possible content, some of the Deputy’s questions will be answered. The institute will have a board and four or five key staff members have been recruited, including a chief science officer, an athlete services officer, a chief medical officer and a chief technical officer. The Bill arose from studies following the Athens Olympics and other specific studies. It became clear that we needed to focus on particular sports, areas of excellence, strength, conditioning, psychology, performance analysis, which is important, sports medicine, sports injury management, another important area, the recruitment of elite coaches and athletes’ lifestyle support. Most countries that are serious about high performance athletics have an organisation of the nature of an institute of sport to focus on these types of psychological, physical and medical management areas. The Deputy knows from his involvement in sport that such an area of excellence is necessary. The institute will continue to be based in Abbotstown and the legislation will advance as soon as we make some outstanding decisions.

Deputy John O’Mahony: The Olympics following the Beijing games will take place in London in 2012. If the institute of sport is to be strong, vibrant and autonomous, it will need teeth. I urge the Minister to ensure, in finalising the legislation, the institute has these characteristics.

Deputy Se´amus Brennan: I am examining this issue generally in terms of sport. On the one hand, we must ensure experts have enough autonomy to do their jobs and, on the other, ensure

821 Other 12 February 2008. Questions

[Deputy Se´amus Brennan.] the entire effort lines up in the same direction to achieve a result. This might seem contradictory, but I do not believe it is. I am referring to the necessary amount of autonomy to ensure we play as a team. It is a whopper of a statement, but I am sure the Deputy knows what I mean.

Other Questions.

————

Tourism Industry. 113. Deputy Bernard J. Durkan asked the Minister for Arts, Sport and Tourism his projections for the development of the tourism industry in the course of the next 12 months with particular reference to the need for competitiveness in view of increased choices at home and abroad; and if he will make a statement on the matter. [4836/08]

351. Deputy Bernard J. Durkan asked the Minister for Arts, Sport and Tourism the extent to which his Department have evaluated the impact on the tourism industry of currency and economic fluctuations; the measures proposed to counter such issues; and if he will make a statement on the matter. [5291/08]

352. Deputy Bernard J. Durkan asked the Minister for Arts, Sport and Tourism if he is satisfied that the tourism industry here is in a position to compete effectively with the increased competition and variety worldwide; and if he will make a statement on the matter. [5292/08]

353. Deputy Bernard J. Durkan asked the Minister for Arts, Sport and Tourism his proposals to improve the tourism industry with particular reference to the need to compete on international markets; and if he will make a statement on the matter. [5293/08]

Deputy Se´amus Brennan: I propose to take Questions Nos. 113 and 351 to 353, inclusive, together. We have been fortunate in recent years to enjoy record growth in numbers of overseas visitors and associated revenue. While final Central Statistics Office, CSO, figures are not yet available, the estimates are that in 2007 alone we welcomed almost 8 million overseas visitors to the Republic of Ireland, with associated foreign revenue earnings of almost \5 billion. While the international tourism market is becoming increasingly competitive, Ireland has consistently outperformed its key competitors in terms of growing the number of overseas visitors to our shores. With regard to 2008, I am pleased that the tourism agencies are forecasting that the Irish tourism industry will show further growth. At a tourism sectoral meeting of the North-South Ministerial Council last November, Minister Nigel Dodds and I approved Tourism Ireland’s corporate plan for 2008-10. This plan contains ambitious and challenging targets for tourism for the island of Ireland over the next three years. It aims to increase overseas visitor growth by between 4.2% and 5.1%, which, if achieved, would mean total overseas visitor numbers to the island of Ireland of over 10.5 million in 2010. The plan also sets tourism revenue growth targets of between 6.6% and 7.1%, which, if achieved, would mean that overseas tourism would generate up to \16 billion in tourism revenues for the island of Ireland in the three-year period. While the targets are ambitious, there is little doubt that global economic factors such as currency and oil prices are likely to impact on the number of outward travellers from some of our most important markets such as North America and Great Britain. Whereas we have little

822 Other 12 February 2008. Questions influence in relation to such global economic factors, our agencies monitor market performance during the year and adjust their marketing campaigns as appropriate. Among Tourism Ireland’s priorities for this year are an even greater focus on e-marketing, continued attention to the car touring market in Great Britain and targeted marketing activity around key access hubs in mainland Europe and North America. In terms of domestic tourism, Fa´ilte Ireland will continue to focus on key issues relating to product development, enterprise development, regional development, environment, education and training, and advocacy. In terms of targets, Fa´ilte Ireland has a target of achieving annual average growth of 3.7% in domestic holidays for the period to 2012. Maintaining and enhancing competitiveness is a major issue for Irish tourism as it is for the economy as a whole. In addressing that issue, it is important to bear in mind that competitiveness is about more than price and costs. It is generally agreed that Ireland cannot and, indeed, should not attempt to compete on the basis of costs with mass tourism destinations. The tourism agencies continue to monitor Ireland’s competitiveness as a tourism destination and I am encouraging them to assist the industry in responding to changing conditions through a variety of programmes in marketing, human resource development, quality enhancement, product development and productivity. By doing this I am confident that the ambitious targets I outlined for the island of Ireland can be met.

Deputy Olivia Mitchell: I am not sure what Deputy Durkan had in mind when he tabled these questions but I think they are interesting as tourism has changed dramatically in recent months, given rising fuel prices, market fluctuations, currency fluctuations and changes in interest rates. Projections for this year have changed, as have marketing plans. At times of economic uncertainty discretionary money, such as that spent on holidays, is the first to be hit and as an island country, fuel surcharges and so on make us vulnerable. Is a review planned, given how the market has changed completely? There is no doubt world tourism will shrink this year and we will have to work hard to maintain market share. I agree with the Minister that Ireland does not compete only on price but we must be aware of this factor. Prices in Dublin, such as that for a cup of coffee, are off the scale and this gives a bad impression to visitors, particularly if Dublin is the gateway to a person’s holiday in Ireland. They will be left with a bad taste in their mouths if a cup of coffee there costs three times that in any other European capital.

Deputy Se´amus Brennan: This year will be challenging for the Irish tourism industry, particularly given the situation regarding currency markets and oil prices. I do not think we should hide behind this, however, as to do so would be unfair to the fine Irish tourism industry. The new Northern Ireland Executive together with Tourism Ireland, which is more determined than ever and has an increased budget, will provide a fine opportunity to develop tourism on an all- island basis. What is good for the northern part of the island will also be good for the southern part. I met representatives of Tourism Ireland and expressed the wish that a fresh approach be taken to expanding the industry with an all-island view. I suggested we should not simply sit back because prices have risen, though I agree with Deputy Mitchell that the country must be wary of prices or market share will suffer. We learned that lesson previously and we should not learn it the hard way again.

Deputy Mary Upton: I understand the number of British tourists visiting Ireland has declined in the past year. As this market is literally next door to us, are special efforts being made to attract people from the UK? I know the matter of signposting has been addressed previously but a constituent raised it with me today. My constituent referred to puzzling signposting and

823 Other 12 February 2008. Questions

[Deputy Mary Upton.] places where there is no signposting in Dublin. This might sound trivial and may not have a serious impact but it could discourage people from returning to Ireland.

Deputy Se´amus Brennan: In study after study the issue of signposting has repeatedly been mentioned as an irritant when it is not done properly. I will raise this issue again with the agencies involved. The UK market slipped but I understand it has bounced back and Fa´ilte Ireland and Tourism Ireland are taking account of the fact that it should be our easiest target due to its proximity. Money invested in the UK yields quick results and I believe the tourism agencies are responding to this.

Deputy Olivia Mitchell: Central Dublin is lacking a big hotel with enough beds to meet demand and this matter has been raised before in the context of the conference centre, which, hopefully, will be ready in the next couple of years. My daughter lives in London and she recently told me that her boyfriend’s firm brought 300 young lawyers to Dublin for a bonding exercise, which is something big firms do nowadays. The only location they could get in all of Dublin was Citywest. They were taken there by bus from the airport, with lots of money in their pockets, but they never left Citywest while they were here. They never got to see Dublin. I congratulate Citywest on capturing the available market, but it seems it is the only place large visiting groups can go in Dublin. The Burlington Hotel and Jury’s Hotel were huge losses. Has there been any liaison with the industry on responding to the lack of a large, central hotel in Dublin? There is huge potential in this area of the business but we are missing a big opportunity if large visiting groups must stay in a location where nothing else is accessible.

Deputy Se´amus Brennan: A restructuring has occurred due to very high property prices and this has affected not only hotels but service stations and such sites. All over the country hotels are becoming apartment blocks and residential sites but, given changes in the property market, I think this will be short-lived and will slow substantially. The conference centre 4 o’clock will meet one of the requirements the Deputy mentioned and 85 or 86 hotels have opened in Ireland in the past two years. There are now almost 1,000 hotels and most of these have invested substantially in convention centres. There is significant capacity for conference facilities — I have not heard of a shortage of such facilities as described by the Deputy. Perhaps visitors stay in Citywest for other reasons.

Deputy Olivia Mitchell: There are enough rooms to cater for large groups but the only single hotel that can do so is Citywest Hotel and it, effectively, is not in Dublin.

Deputy Se´amus Brennan: I do not wish to name them but there are many large hotels with hundreds of bedrooms and planning applications are in the pipeline for similar sized hotels in different locations such as the financial services centre. I will consider it but I am not aware of a shortage of conference centre facilities with associated bedroom space, which is the point made by the Deputy. The agencies are not signalling any such shortage but rather they are signalling the significant investment in hotel bedrooms and in conference centre facilities——

Deputy Olivia Mitchell: They are all small hotels.

Arts Council. 114. Deputy James Bannon asked the Minister for Arts, Sport and Tourism if he will develop

824 Other 12 February 2008. Questions multi-annual funding for the Arts Council; and if he will make a statement on the matter. [4858/08]

121. Deputy Emmet Stagg asked the Minister for Arts, Sport and Tourism his views on the way the failure of budget 2008 to provide the Arts Council with multi-annual funding or an increase in funding above the rate of inflation equates with his Department’s stated goal of creating an environment which enables arts and culture to flourish; and if he will make a statement on the matter. [4769/08]

Deputy Se´amus Brennan: I propose to take Questions Nos. 114 and 121 together. Funding of the Arts Council, as with all Departments and State agencies, is a matter for consideration under the annual budget and Estimates process. In doing so, the Government must balance competing demands from every part of our economy and society. I am aware of the Arts Council’s desire to have multi-annual budgets, having met with the council on a number of occasions. I appreciate the need for stability in budgeting that such a measure would provide, but my Department, like other Departments, must work within the annual current expenditure budgets provided through the Estimates process. However, I will continue to pursue this issue with my colleague, the Minister for Finance. By any standards the Arts Council has seen dramatic increases in its funding allocation in recent years, increasing by over 72% from \47.67 million in 2002 to \82.102 million this year. These are significant amounts of taxpayers’ money in any context which have effectively transformed the arts by facilitating increased access and participation in the full spectrum of art forms throughout the country. The Government’s sustained commitment to the arts is evidenced by these substantial increases in funding, including supplementary funding of \5 million at the end of 2007. Specifi- cally, this level of funding has enabled the Arts Council to dramatically increase both the number of organisations it supports and the level of funding it provides. In 2006, the Arts Council supported 330 regularly-funded organisations which employ 2,000 people; 170 festivals; 251 artists, through bursaries and the Cnuas provided to members of Aosda´na; and 41 artist- in-residence programmes, spread across hospitals, schools, communities and prisons. A number of new initiatives have been introduced by the Arts Council as a result of this additional funding, including touring, small festivals, opera and a community music scheme. This Government is committed to supporting the arts and will continue to work with the Arts Council as part of this programme.

Deputy Olivia Mitchell: I have raised this issue before as have many others and I do not wish to labour the point. The Arts Council cannot plan if it does not have multi-annual funding. If the Arts Council cannot make plans then the groups it funds cannot make plans. The Minister and everybody else will know that any business unable to make plans will be inefficient. The money which the Minister gives the Arts Council will be partly wasted as a result and the outcomes will not be optimum because the money is not being expended efficiently. We all know this is the case. The Fianna Fa´il manifesto said it and the programme for Government acknowledged the need for annual funding. Did the Minister make any pitch for multi-annual funding to the Minister for Finance? Such funding would be a more sensible approach. The Government acknowledges the need for efficiency in other areas such as in the roads programme where there is multi-annual funding. I am not asking for more money but rather a sensible way of allocating money so the groups funded through the Arts Council can have some ability to make forward plans.

825 Other 12 February 2008. Questions

Deputy Se´amus Brennan: I have informed the Arts Council that I will continue to pursue its interest in multi-annual funding. This should not distract the council from being able to anticipate a fairly strong level of funding and to be accurate in anticipating what that funding will be. If it considers the funding for recent years, it will be in a good position to calculate what the annual figures should be. I accept this does not work because the council needs to be able to make legal commitments. I have sympathy for the case and I will continue to pursue the matter and discuss it with my colleague, the Minister for Finance. However, it should not distract the Arts Council from its work, given that it has a fairly high level of funding which it is well able to calculate.

Deputy Mary Upton: The Minister has compared the figures for 2002 and 2008 and it gives the impression of a very substantial increase. However, the comparison of figures for 2007 and 2008 shows a modest \2 million. The Arts Council has requests for funding of more than \130 million. It is therefore a long way short of what the council needs in order to deliver on its programme. The key point is the need for multi-annual funding. The Arts Council must book an orchestra or an international opera star two or three years in advance. It is extremely difficult for the council to do this if it cannot guarantee the funding in advance. This is at the heart of the need for the multi-annual funding, not to mention the layers of bureaucracy that go with having to repeat its application annually.

Deputy Se´amus Brennan: I can see the need for advance funding in the case of a special event. I have said to the Arts Council and to the other agencies under the aegis of the Depart- ment that if such a situation arises, the Department can discuss how the organisation being bid for can be reassured that the amount of payment will not be an issue. My Department could work with the Arts Council if it needs to pursue a particular project and requires that level of assurance from Government. I have undertaken to continue to work on this issue. Every organisation would prefer certainty and a rolling budget as opposed to an annual renewable budget but I do not accept it should hold back the council to any substantial extent. I agree it would be more comforting but I do not believe it will interfere with its day-to-day work.

Deputy Olivia Mitchell: The Minister seems to be missing the point. It is not that it would be more comfortable but rather it would be efficient. People are questioning why we proceed with building new arts facilities around the country — although everybody wants their own arts facility — when we are unable to provide performances in the existing facilities. Neither can the existing facilities make plans for necessary refurbishment. For instance, a facility will not be able to pay for a new lighting system out of a single year’s allocation; it must be able to plan ahead. If it makes sense to plan ahead at Government level then it surely makes sense at this lower level also.

Deputy Se´amus Brennan: We should not confuse two streams of funds. The annual Arts Council funding is current money——

Deputy Olivia Mitchell: I am quite aware of what is meant by current money and capital money. When money is not available for the day-to-day running of the existing facilities why then produce new facilities?

Deputy Se´amus Brennan: I was about to explain that the second stream of money is called ACCESS and this provides capital money. I will make an announcement about those capital funds shortly. A total of \184 million in the national development programme is provided specifically for the kind of bricks and mortar and investment in infrastructure to which the

826 Other 12 February 2008. Questions

Deputy refers. There would be no need to have facilities which are subject to under-investment, given the current ACCESS programme which is now complete and the future programme which I hope to begin shortly.

Deputy Olivia Mitchell: I think this is rubbish.

Museum Projects. 115. Deputy Joe Carey asked the Minister for Arts, Sport and Tourism if he will provide funding under the ACCESS programme for the development of the Irish Museum of Modern Art; and if he will make a statement on the matter. [4870/08]

Deputy Se´amus Brennan: Capital funding of \45 million is provided in the culture sub- programme of the National Development Plan 2007-2013, for a major development programme at the Irish Museum of Modern Art at the Royal Hospital, Kilmainham. This development programme will enhance the museum’s position as a major national and international venue for the exhibition of modern art. In 2008, the museum will receive current and capital funding in excess of \8 million from the Department’s Vote. The needs of IMMA are being addressed through this funding and the funding provided in the national development plan. As ACCESS, arts and culture capital enhancement support scheme, funding is primarily focused on the provision of capital funding for the building and refurbishment of arts facilities throughout the country, it is not intended that IMMA would be eligible for the scheme.

Deputy Olivia Mitchell: The question is incorrectly worded. However, this does not take away from the major point. Money from the NDP is earmarked for the Irish Museum of Modern Art. My question is when will this come on stream? When will decisions be made on the real need of the Irish Museum of Modern Art for additional facilities? How will the decision be made on how to proceed? The building in Royal Hospital is beautiful despite the fact that somebody has allowed an appalling building to be built in front of it. However, it is completely unsuitable for the type of installations and large canvases which modern art rather than traditional forms of art tends to have. We need a decision to be made. It is one thing to state money is included in the NDP but when will we see bricks and mortar or a design team appointed? Has any progress been made? Is there a sign of anything happening on the horizon or is it a figure in a budget?

Deputy Se´amus Brennan: Recently, I paid two visits to IMMA to see it for myself. A total of \45 million is earmarked in the cultural sub-programme of the national development plan. I wish to confirm that it does not and cannot come out of the ACCESS programme.

Deputy Olivia Mitchell: Yes, I realise that.

Deputy Se´amus Brennan: I wish to be clear on this because substantial confusion arises on it. IMMA has been offered exhibition space in the Westgate building being erected on St. John’s Road near Heuston Station. The provision of this cultural space is a condition of the planning permission the developer received for the Westgate project. The offer to IMMA of this cultural space is being considered by its board at present. It is expected the board will make a decision on the matter at the end of February so we should have more information at that time. The initial indications are that the board’s response could be negative because of cost implications and logistical and other issues relating to IMMA holding exhibitions at a location other than the site at the Royal Hospital, Kilmainham. I expect to hear from them after their deliber-

827 Other 12 February 2008. Questions

[Deputy Se´amus Brennan.] ations. The \45 million earmarked in the national development plan will go a long way towards resolving the issue.

Deputy Mary Upton: I welcome the commitment of \45 million. IMMA is located in my constituency and I have a particular interest in it. It had a total of 485,000 visitors in 2007 so clearly it is one of our great cultural attractions. I hope the funding is delivered in a timely fashion.

Deputy Olivia Mitchell: It is one of our cultural institutions and a major visitor attraction and the approach to it is in an appalling condition and the builder or someone was allowed to destroy the street approach. It has no public lighting or footpath. Any visitor getting off a train or the Luas to visit it will be appalled. It should not be allowed.

Deputy Se´amus Brennan: I thank the Deputy and pay tribute to the staff of IMMA who put in a great deal of hard work. I will take up the issues she raised as soon as possible.

Tourism Industry. 116. Deputy Denis Naughten asked the Minister for Arts, Sport and Tourism the plans he has to improve regional balance of inbound tourists; and if he will make a statement on the matter. [4017/08]

Deputy Se´amus Brennan: Under the National Tourism Development Authority Act 2003, the individual actions and measures relating to tourism promotion and development at regional level are day-to-day functions of State agencies. The Government is taking a number of steps to support the agencies in pursuing the objective of ensuring as wide as possible a spread of tourism business throughout the country. During 2008 the Government is providing a 7% increase in the tourism budget, compared to 2007, bringing the allocation to approximately \170 million, the largest ever Exchequer budget for Irish tourism. The National Development Plan 2007-2013, Transforming Ireland, includes the largest Government investment programme for the development of Irish tourism. This programme, which provides for an \800 million Exchequer investment in tourism over the life of the plan, has as one of its fundamental objectives the stimulation of regional development.

Deputy Denis Naughten: While tourism numbers have increased year on year, the fact is that a fall-off has occurred in regional tourism and its capacity because of the reduction in footfall. With regard to the promotion of the self-catering tourism sector, an investment of \14.15 million has been made through EU and State funding and through investment by the owner- occupiers of self-catering accommodation. However, Fa´ilte Ireland decided not to promote this end of the sector in 2008. This will have a detrimental impact on the development of tourism in regional areas.

Deputy Seámus Brennan: It is not that Faílte Ireland decided not to promote it. It will continue to be promoted. However, Faílte Ireland will not administer it and will let the self- catering industry develop its own strategies. With regard to regional tourism, in 2006 70% of total tourism revenue was spent in regions outside of Dublin, which is a significant figure.

Written Answers follow Adjournment Debate.

828 Leaders’ 12 February 2008. Questions

Adjournment Debate Matters. An Ceann Comhairle: I wish to advise the House of the following matters in respect of which notice has been given under Standing Order 21 and the name of the Member in each case: (1) Deputy Kieran O’Donnell — to give a commitment that the accident and emergency services at St. John’s Hospital, Limerick will not be downgraded, but will be retained and enhanced; that the Minister will provide a date as to when the Teamwork consultants’ report on the review of acute hospital services in the mid-west will be published and that she make a detailed statement on this matter; (2) Deputy James Bannon — the need to provide funding for the continuation and expansion of osteoporosis services; (3) Deputy Mattie McGrath — the issue of job losses in Clonmel, County Tipperary following the closure of a business resulting in the loss of over 90 jobs; (4) Deputy Ulick Burke — the provision of a new community school in Glenamaddy, County Galway in view of the fact that the a site has been acquired, planning obtained, a contractor appointed and bearing in mind the condition of the existing school in the area; (5) Deputy Paul Connaughton — the proposed new sewerage scheme for Mountbel- lew, County Galway which is urgently required as the present treatment system is hindering the development of the town and is also polluting the nearby Shiven river; (6) Deputy Deirdre Clune — the difficulties schools are experiencing in accessing educational psychologists under the SCPA, scheme for commissioning psychological assessments; (7) Deputy Jack Wall — if the Minister is aware of the problems tenants of local authorities or tenants of local authorities under the newly established RAS tenancy agreement must overcome due to the demands from the ESB and Bord Gais for deposit payments of \300 and \400 respectively before supply will be installed in such houses or apartments and what mechanisms are available to the Minister to ensure that such tenants can overcome such major problems; (8) Deputy Brendan Howlin — the economic consequences of the proposed special protection area order for Wexford harbour and slobs; (9) Deputy Michael McGrath — that a new school building be provided for Passage West, County Cork, without further delay; (10) Deputies Dan Neville, John Cregan, Andrew Doyle and Martin Ferris- the early payment of REPS 2 and 3; (11) Deputy Arthur Morgan — the decision of the State last week to concede in the High Court case taken by the Irish Hotels Federation challenging the fixing by the Labour Court of minimum wage levels for certain industries and the implications of this case for workers in the hotel sector and in the 16 other sectors covered by joint labour committees and the necessity for the Minister for Enterprise, Trade and Employment to outline what actions he will take to ensure that existing procedures for the setting of wages are not open to legal challenges which undermine the pay and conditions of vulnerable low paid workers; (12) Deputy Joe Costello — to clarify the new provisions by the Road Safety Authority in respect of examination of driving instructors and especially the validity of examinations already passed by driving instructors under the auspices of the Department of Transport; and (13) Deputy Chris Andrews — in light of a recent fire in a local authority housing scheme in Donnybrook, that the Minister outline how fire regulations were complied with in this case and that the Minister also indicate what measures are being taken to ensure that existing buildings adhere to the building regulations on fire safety and are kept in line with European standards. The matters raised by Deputies James Bannon, Dan Neville, John Cregan, Andrew Doyle, Martin Ferris and Brendan Howlin have been selected for discussion.

Leaders’ Questions. Deputy Enda Kenny: For many months we have listened to statements from the Taoiseach and his Ministers claiming the Mahon tribunal should be allowed to do its work expeditiously at as little cost as possible and that we should all await its findings. We heard repeated claims

829 Leaders’ 12 February 2008. Questions

[Deputy Enda Kenny.] from the Taoiseach that he co-operated fully with the tribunal, that he wants to do so and that he sent it comprehensive records in so far as his financial and tax affairs were concerned. Recently, the House was presented with a Government amendment to a motion of confidence in the tribunal that it was acting independently and without bias and should be allowed to do its work within this context. During this time, little were we aware the Taoiseach and his legal team were cooking up an attempt to make a legal challenge which aims to delay the tribunal and prevent it from asking relevant and important questions. Against this background where the Taoiseach has created another media frenzy, I wish to ask three questions. Has the Taoiseach misled the Da´il in any of his previous comments or answers with regard to the Mahon tribunal or his contacts with the Revenue Commissioners? Under Article 15.12 of the Constitution, it is the Taoiseach’s responsibility to identify the specific utterances and statements he seeks to prevent the tribunal from questioning. What are these statements and utterances? When the Cabinet sat down to discuss the motion of confidence in the Mahon tribunal tabled by Fine Gael it discussed an amendment to the motion of confidence. It is perfectly obvious the claim the Taoiseach lodged yesterday had been in preparation for a considerable time. During the course of discussions on the motion of confidence, did the Taoiseach make his party colleagues and hapless supporters in Cabinet aware of his intent and preparations for the launching of a legal challenge to the tribunal?

The Taoiseach: On the first question of whether I have misled the Daíl, the Mahon tribunal or the Revenue, “No” is the answer. On the utterances I have made here in the House and on the issue of confidence, I have no difficulty in reconciling my support for the Government’s motion expressing confidence in the Mahon tribunal and my decision to seek a judicial review on certain procedural issues. On the issue of my legal advice and the drafting of motions, it would be totally inappropriate for me to list this. I have clear legal advice from my legal team that it would not be correct for me as a Deputy and as Taoiseach to answer questions on statements I have made in the Daíl. It is a separation of powers issue and one of constitutional importance. As Taoiseach I cannot and will not ignore it. I have no problems in answering questions about the numerous statements that I have made outside the Daíl on these matters or the extensive correspondence I have had with the tribunal on them. I have done so, not just here in the Daíl, but in the tribunal and the media in the wider public domain. The substance of everything I have said in the Daíl has been repeated outside of it. I have dealt with any questions arising from those statements. I have no problem with anything I have said in the Daíl. I have heard some speculate that I am trying to conceal or hide something I said. That is nonsense. Everyone has access to the Daíl record. They can read it, if they wish, and make up their minds. For the record, I stand over everything I have said in the House. The point in this case is that my legal team has told me that as a Deputy and a constitutional officer, I may be in conflict with the provisions of the Constitution by submitting myself to questions on my Daíl statements. The point has been made to the tribunal and the courts will now adjudicate on the matter. My advice is as follows. Article 15.13 provides that Members of the Daíl “shall not, in respect of any utterance in either House, be amenable to any court or any authority other than the House itself.” This also applies to the Seanad. It is the duty of each Member of the Daíl and

830 Leaders’ 12 February 2008. Questions

Seanad to uphold this constitutional provision that is fundamentally based on the separation of powers. No court or tribunal can examine or challenge a Member of the Daíl on his or her utterances in the Daíl. It is not permissible to cross-examine a Member on statements in the Daíl either in court or before any tribunal. The Attorney General v. Hamilton and Howlin v. Morris are clear examples of the many cases in which Members of the Daíl have sought to uphold Daíl privilege before the courts in respect of actions and tribunals. Questions posed of a Taoiseach must be treated in exactly the same way. There is arguably a greater duty for the Taoiseach, as Head of Government, to ensure the Constitution is complied with. The only way in which this fundamental constitutional principle can be vindicated is by way of legal proceedings before the courts. No other mechanism exists for its resolution. Such proceedings raise an issue of significant constitutional importance and will seek to uphold the status of parliamentary privilege which has existed for imperative legal reasons since the foundation of the State. That is the basis of the advice I received. I always listen carefully to what Deputy Kenny says outside the Daíl. Eminent legal people have advised me that the tribunal is required as a matter of law to conduct its hearing in a manner which respects legal rights. I am entitled to assert and rely upon those legal rights. Other Deputies have done so in the past; the records are full of such cases where they have asserted the same privilege. It is vital for the Houses of the Oireachtas that this constitutional privilege is respected. If citizens were not able to keep confidential their preparations for a legal hearing or communication with a witness, then legal representation would be seriously impaired. No tribunal in the past has ever questioned a person’s right to this legal professional privilege. I made this case in writing to the tribunal. I thought I could have avoided this course of action and the tribunal would recognise the precedence and arguments made by legal team. The tribunal did not do so. Yesterday was the final day and I had to take the advice I was given. I stand by it. It has nothing to do with answering questions.

Deputy Paul Kehoe: Will the Taoiseach answer the question he was asked?

Deputy Enda Kenny: The Taoiseach is wrong on two counts. First, Article 15.13 of the Constitution refers to not being amenable to any other authority; Article 15.12 refers to privilege. Second, the Taoiseach is not obliged to take anyone’s legal advice. He is a client. His legal team should be quite prepared to set a number of options in front of him. The Taoiseach is then fully entitled to say he does not accept the advice or wishes to take another course. However, he has not done that. On 27 September 2006, the Taoiseach told the Da´il that he had checked with the tax authorities long ago. In the light of discoveries and comments since, does he still stand by that statement? Did I hear the Taoiseach correctly, that he had not misled the Da´il on this or any other count? The Taoiseach cannot have this both ways. He has occupied the chair opposite as Head of Government for over ten years, properly elected and duly appointed. He does not speak from that position as a private citizen but as Head of Government and Taoiseach. He is now seeking to prevent the Mahon tribunal from asking him questions on statements he made in the House. I cannot predict when the court hearing will take place or its outcome. As a practising politician, however, I know the Taoiseach is answerable and accountable to this House for statements he makes in it. What are the statements made during 2006, or whenever, that the Taoiseach is concerned about and does not want the tribunal to question him on? That is his responsibility under the articles he mentioned.

831 Leaders’ 12 February 2008. Questions

[Deputy Enda Kenny.]

When the Taoiseach made statements on certain matters in the Chamber in 2006, the tribunal subsequently wrote to him. His legal team responded and engaged with the tribunal. At that time the Taoiseach or his legal team had no point of principle to discuss and had no difficulty with privilege. Why has this difficulty arisen now? Why all of a sudden is there a point of privilege and a point beyond which the Taoiseach does not want to go? This is the Taoiseach’s second pre-emptive strike against the Mahon tribunal. The first was when he said it would be wrong for a tribunal to run during a general election. Four days after that, the opening statement of the tribunal clearly contradicted the Taoiseach’s evidence on bank accounts. This legal challenge is another pre-emptive strike. The Taoiseach says he now accepts his legal team’s advice that he should not be asked questions on particular issues on which he made statements in the House. Why has this arisen all of sudden? What is it that he fears? Is there something in some of those statements that the Taoiseach does not want to be questioned about? I do not have the answer to that. The Taoiseach does. What does the Taoiseach want out of this legal challenge? Let the court decide as it will. The Taoiseach sits there expecting the people to believe there is nothing going on. What are these statements — or utterances as they call them — that the Taoiseach does not want the tribunal to question him about? Of what is he afraid? He said he wants to co-operate fully with the tribunal and answer all questions comprehensively. He had no difficulty with privilege in 2006 when his legal team engaged with the tribunal but now, all of a sudden, there is a blockage. The outcome of this challenge, whenever it may be in the High Court or Supreme Court, will delay the tribunal and add to its costs. It means there is something in there that the Taoiseach does not want the tribunal people to question him about. That means, in layman’s terms, that there is an attempt here to constrict, restrain and obstruct the tribunal from asking the Taoiseach questions about statements he made in the House. However, he is at least accountable to the House on these issues, irrespective of the judgment of the court in due course. I ask the Taoiseach again to explain what those statements are so the Da´il may hear how he can be held accountable to this body, to which he was properly elected and duly appointed as head of Government.

The Taoiseach: Deputy Kenny is right on that point. I am accountable to this House. To be clear, I am not changing, withdrawing or amending anything I said in the House. The answer to the Deputy’s direct and fair question about whether there is something I am concerned or worried about is no — absolutely nothing whatsoever. In the Deputy’s other main question, he was wrong in stating that we did not raise these issues with the tribunal at the time. That is incorrect. At the time when I answered questions in the House for several days, the tribunal’s representatives wrote to my legal team, which, in reply, quoted Article 13.15 of the Constitution and made the issue absolutely clear. These issues were also dealt with in subsequent correspondence. It is not that I cannot have it two ways. That is an unfair way to put it. I have, for the last number of years, dealt with all of the issues put to me in this House. I have answered questions on the tribunal endlessly, more than on any other issue. We have used more Leaders’ Questions time on this matter than on any other, which is to be regretted by all of us. I have answered to the media in an unrestricted way. I deal with the media every day, or at least 95% of the time. I have also dealt with this in the tribunal. The position is this. I have been told from day one by eminent legal people that Article 15.13 is clear and definite. It says Members shall not — I emphasise the term “shall not” — be made amenable before any court or tribunal in respect of any utterance made in either House. I do

832 Leaders’ 12 February 2008. Questions not accept there is any contradiction in anything I said in one forum or the other. That is not the point. It is quite clear that the tribunal does not have the right to ask Deputies or Senators about anything they said in either House. In my case, there is plenty of scope for obtaining information on what I have said, because I have spoken in so many forums and on so many programmes. I made a comprehensive statement during the general election campaign, which was unprecedented. All the information is there. However, the tribunal wished to follow this route. I am advised that this is unconstitutional, that the tribunal is violating the Constitution. I am not prepared as a Member of the House, nor should any Member, to accept what I am advised by eminent legal people whom we all respect is not the correct procedure. I am not above or below the law, and nor is the tribunal.

Deputy Brian Hayes: We should be grateful.

Deputy Eamon Gilmore: It seems the Taoiseach is now trying to elevate to the status of a constitutional principle his personal act of political self-preservation, which is what the trek to the High Court was about yesterday. It is a bit much to have him come in here and try to convince us he is doing this on our behalf to protect parliamentary privilege. The Taoiseach is doing this on his own behalf. Secondly, there is precedent for Members being questioned about what they say in the House. Former Deputies Charles Haughey and Albert Reynolds were questioned about statements they made in the House, as were former Deputies Des O’Malley, Dick Spring and Deputy Rabbitte. Several Members have been questioned about things they said here. It is not correct to equate the Howlin case with what is happening here. Deputy Howlin, as well as the other Deputies involved in cases being spun yesterday, went to court to protect the confidentiality of the sources of information they received. The Taoiseach is going to court to protect the confidentiality of the sources of money he received. This is not about protecting parliamentary privilege. It is about pleading the Fifth. In doing so, the Taoiseach is adding to the delay in the tribunal. The Taoiseach today quoted eminent legal advice he had received, and we heard eminent legal opinion this morning that this would add six months to the proceedings of a tribunal which we all dearly wish would come to a conclusion sooner and at considerably less cost. We must remember that the reason this tribunal is going on for so long is that every time it was about to find out anything of substance, some key witness went to court to mount a legal challenge against it, just as the Taoiseach is doing on this occasion. I put it to the Taoiseach that he is going to court either because he is playing for time or because he is trying to hide something. What did he say in the House about which he does not want the tribunal to ask questions? Could it be, for example, the statement he made here on 27 September 2006: “I paid capital gains tax and gift tax. It is not appropriate for me to spell out what I paid”? Alternatively, was it the response he gave to Deputy Rabbitte on the same day when he said: “Deputy Rabbitte asked me earlier whether there was documentation on the circumstances of these loans from the individuals concerned. There is comprehensive documentation and it is with the tribunal as well.”? Are these the things he is concerned about? Are these the things about which he does not want the tribunal to ask? The Taoiseach is trying to have it both ways. He does not want us here in the Da´il to ask him questions about things he says before the tribunal, and now he does not want the tribunal to ask him about things he said in the Da´il.

The Taoiseach: I did pay capital gains tax and gift tax, and I provided all the details on those issues. I gave comprehensive reports. Not only that, but all the people involved went before the tribunal, gave their evidence under oath and were cross-examined. All these issues have been dealt with. Deputy Gilmore can say, from a political point, that it is not a constitutional

833 Leaders’ 12 February 2008. Questions

[The Taoiseach.] issue, but that is not the advice I have received. In the Attorney General v. Hamilton case, former Chief Justice Thomas Finlay stated: “the attempt to compel [Deputies Dick Spring, Pat Rabbitte and Toma´s MacGiolla] to answer questions before the Tribunal is an attempt to make them amenable to an authority other than the Da´il”. He also stated: “This is precisely the conduct which is outlawed by the express provisions of Article 15.13 of the Constitution, and the jurisdiction of the tribunal to compel answers to those questions was accordingly ousted”. This is a case in which three Deputies were seeking to rely on the protection of utterances in the House. Away back, when the terms of reference were built into utterances in the House, it was dealt with in a different way. In the Hamilton case, counsel for Dick Spring argued that Article 15.13 must be construed in accordance with the fundamental principles of democracy in order to enable Members of the Oireachtas to exercise their freedom of speech. Parliamen- tary privilege is enshrined in Article 15.13 of the Constitution, but the reality is it is far older than that. Many argued that Members of the Da´il and Seanad should have the absolute right to free speech so they would not have to look over their shoulders. I have answered these questions in the House, outside the House and in the tribunal. However, what is not allowed in the Constitution — I have been advised and I have checked this carefully over a long period, because I tried to avoid taking any action — is that it was wrong for me to do this. I heard Deputy Gilmore on the radio this morning saying he was not disputing a person’s right to go to court if he or she thought a tribunal was going too far. I accept this. However, I am sure he recognises that I am only doing what two former members of his own party — three, if he includes his previous party — have done. I am entitled to do so. Perhaps, for political reasons, Members will want to say that this is not in defence of Article 15.13. I am well able to look after myself. I am well able to deal with the learned members of the tribunal and I have been doing it for a long time.

Deputy John Deasy: Whose fault is that?

The Taoiseach: My legal team will deal with the correspondence. However, when I am told by eminent legal people that something is improper, and that the only way to test this is in court, I do not have any other alternative. As Deputy Kenny said, this issue has not just jumped out but has been in circulation since September 2006 that if the tribunal did not change its procedure I would have to deal with it in another way, as other Deputies have done. The same is true in respect of documentation. The tribunal is free to continue to question me and there is no reason for any delay. I am due to appear before the tribunal next week. There is no reason for it to delay that. This concerns one issue. The tribunal is free to continue questioning me so there has been no delaying of its work. What the tribunal is not free to do, based on the advice received by me, is to insist on asking me to go outside the constitutional provision or to insist that I put before it documents to which it knows it has no right or to which it ought to have no right. This is what I have been advised and I cannot go outside that advice.

Deputy Eamon Gilmore: The Taoiseach appears to have a very interesting relationship with his lawyers. It appears from his presentation that it is a question of his legal team telling him what to do rather than him directing it, as would be the case with most clients. I wish to correct him in respect of the cases brought by former Deputies Spring and MacGi- olla and Deputy Rabbitte. In those cases, the issue was that the Deputies were supplied with information which formed the basis of statements they made in this House.

Deputy Ruairı´ Quinn: Exactly.

834 Requests to move Adjournment of 12 February 2008. Da´il under Standing Order 32

Deputy Eamon Gilmore: The beef tribunal attempted to get the three Deputies to state before it the source of that information. One case involved a senior banker. The Deputies went to court to protect the identity of their sources. If the Taoiseach is using this parallel, whose identity is he going to court to protect? There is a significant difference between seeking to protect confidentiality about sources of information and seeking to protect confidentiality about sources of payments. This analogy does not hold. I repeat that the Taoiseach’s legal challenge to the tribunal has nothing to do with parliamentary privilege. It is about protecting himself. If there was an issue about parliamentary privilege, that could have been dealt with at any time by the Taoiseach and his Government by way of an amendment to the terms of reference of the tribunal. This last minute rush to the court is about playing for time, delaying the tribunal even further, adding to its costs and preventing it from asking the Taoiseach about things he said in the Da´il.

The Taoiseach: Deputy Gilmore is wrong. It is not about protecting myself. It is about respecting the Constitution and the law.

Deputy Paul Kehoe: Me´ fe´in.

The Taoiseach: In those cases, the Deputies attempted to make expansive use of Article 15.13 of the Constitution. I am far less ambitious. I am only saying plainly that the Constitution should be enforced. The former Ta´naiste, Dick Spring, and his counsel argued in the Supreme Court that Article 15.13:

protects all that is said in the House. The object of the privilege is to protect Members of Parliament both inside and outside the House and in their dealings with the public. The common thread in these cases is that Parliament needs to be protected from exposure to other arms of the State.

That was the entire case. It was not about what they were or were not doing. I understand that Deputy Gilmore must ask political questions. I have no difficulty answering any questions in the tribunal which have all been aired in articles in newspapers and endless lists but I will not answer those questions based on circulated documents that are uttered in this House. That was made clear to the tribunal in the autumn of 2006. I would have thought that the tribunal would have seen that point in the extensive legal arguments made by my legal team up to the last date. The tribunal did not see the point even though it had been made over a period of almost 16 or 17 months. I was then left with no option but to follow the clear advice I received. That advice is that I must stand by Article 15.13 of the Constitution.

Requests to move Adjournment of Da´il under Standing Order 32. An Ceann Comhairle: Before coming to the Order of Business, I propose to deal with a number of notices under Standing Order 32. I propose to deal with these topics separately and I will call on Deputies in the order in which they submitted their notices to my office.

Deputy Arthur Morgan: I seek the adjournment of the Da´il under Standing Order 32 to raise a matter of national importance, namely, to require the Minister for Health and Children to account to this House for her role in the chaos into which the health service has descended, an example of which can be seen in the recent case of a woman from Drogheda who, according to her GP, requires two hip replacements and who was given a date in January for an initial appointment with a consultant next January — a full year away so she is not even on a waiting list until then; and for the Minister to explain why such atrocious acts of negligence are being

835 Order of 12 February 2008. Business

[Deputy Arthur Morgan.] allowed to continue in the health service for which she is accountable to this House. I hope we can get a debate on that.

Deputy Denis Naughten: I seek the adjournment of the Da´il under Standing Order 32 to raise a matter of national importance, namely, that in light of a decision taken by HSE West to close two therapy units at St. Bridget’s Psychiatric Hospital in Ballinasloe last Friday and to suspend two members of staff in the units yesterday without due process and without putting an alternative treatment strategy in place, which will have a direct impact on patient care and rehabilitation, there is an urgent need for the Minister for Health and Children to take a direct interest in the treatment of people with a psychiatric illness and to ensure that the best possible treatments are immediately made available to people in Roscommon-east Galway area, which is serviced by the hospital.

Deputy Andrew Doyle: I seek the adjournment of the Da´il under Standing Order 32 to raise a matter of national importance, namely, that the House discuss the national implications of the unilateral decision of the Department of Agriculture and Food to suspend all payments under the REPS 2 and REPS 3 schemes to farmers until the end of the year in view of the importance of the environmental schemes for the protection of the countryside, the importance of the rural community’s perception of the EU in the build up to the EU reform treaty referendum and the potentially serious hardship facing 55,000 farmers financially committed to this scheme.

An Ceann Comhairle: Having given the matters full consideration, I do not consider them to be in order under Standing Order 32.

Order of Business. The Taoiseach: It is proposed to take No. 9, motion re referral to Select Committee of proposed approval by Da´il E´ ireann of the Finance Act 2004 (Section 91) (Deferred Surrender to the Central Fund) Order 2008; No. 10, motion re referral to Select Committee of proposed approval by Da´il E´ ireann of the report by the Minister for Defence regarding service by the Defence Forces with the United Nations in 2006; and No. 2, Social Welfare and Pensions Bill 2008 — Order for Second Stage and Second Stage. It is proposed that, notwithstanding anything in Standing Orders, Nos. 9 and 10 should be taken without debate. Private Members’ business shall be No. 28, motion re education: autism and special needs.

Deputy Joan Burton: No. 9 proposes a substantial capital carryover of \126 million. Effec- tively, that will only be examined briefly by the Oireachtas Select Committee on Finance and the Public Service. The provision for this carryover includes large capital sums which presum- ably relate to decentralisation. We have not been given the details but much of it is for buildings. Since this was announced in the budget, as the Taoiseach said last week, the financial outlook for the economy has deteriorated still further. What we need is not so much a debate about these carryovers simply being technical but an alternative consideration of how this money can be best spent. Various sums are involved, including \12 million for FA´ S for capital or buildings programmes and \36 million for the Office of Public Works. How much of this money is for decentralisation? At a time when our health service cannot cope with the demands placed upon it, would this money not be better spent in alternative ways? This debate needs to take place on the floor of this Chamber and not be packed off to the committee where it will receive scant attention and even scanter explanation.

836 Order of 12 February 2008. Business

The Ta´naiste and Minister for Finance is absent again today. He comes to this House very rarely to answer questions about his brief. He should be here. A sum of \126 million might be small change to the Minister for Transport, as was the \500 million spent on PPARS but for many Deputies, \126 million for capital carryover is a significant amount of money.

The Taoiseach: The Ta´naiste is attending the ECOFIN meting in Brussels today. Departments are allowed to carry over to the following year unspent capital up to a maximum of 10% of the voted capital. Statutory provision for capital carryover by way of deferred surrender to the Exchequer was made by section 91 of the Finance Act 2004, to which this relates. The \126 million is a small proportion of the Revised Estimate Volume. Provision for capital is being carried forward from 2007 to 2008. A provision for this amount by Vote was made in the Schedule to the Appropriation Act at Christmas. The draft ministerial order for the capital takeover is fully consistent with the Appropriation Act. The finance committee will have a chance to discuss it and it will then come back to the House for approval.

An Ceann Comhairle: Is the proposal for dealing with Nos. 9 and 10 without debate, motions re referral to select committee regarding draft orders, deferred surrender to the Central Fund and service by the Defence Forces of the United Nations, agreed? Agreed.

Deputy Enda Kenny: First, will the Taoiseach indicate if the Government has made a decision yet in respect of the naming of a date for the reform treaty referendum of the European Union? The Taoiseach is aware of my views on this matter that the sooner we fix a date, the easier it will be for parties for and against to put their plans in order. Has the Cabinet decided on a date and, if so, will the Taoiseach give us that date? Second, the Taoiseach is aware of a letter I wrote to him and which matter has been referred to by Deputy Shatter on a number of occasions, namely, the fact that there is a clear deficiency in the law in so far as sexual predators and young children is concerned. This is an enabling provision dealt with by the last committee and our preference would be that this question should be put as well to ensure that the authorisation to draft legislation could be given by the people, which legislation would be decided by the relevant Oireachtas committee and all its ramifications and eventually the House. Has the Taoiseach decided on that matter to run in conjunction with the EU referendum? Third, the Taoiseach used his authority here on the matter of the EU water directive in respect of school charges. A committee is meeting as we speak, if it is not adjourned, dealing with the difficulty that will arise about the GMS scheme and the provision of medication and prescriptions for patients. There is a serious row in that regard and pre-emptive action has been taken by the Health Service Executive in sending out contracts without figures, which will cause mayhem within the entire spectrum. I am not sure of the outcome of the committee meeting but in the interests of finding out what should be done, the Taoiseach might instruct that no action be taken either by the HSE or the pharmacists until such time as a competent, independent authority makes recommendations as to the way this matter should be addressed in the interests of everybody. I ask him, in his capacity as Taoiseach, to ensure that happens before 1 March or there will be a great deal of angst in many sectors throughout the country.

The Taoiseach: I discussed this matter with Deputy Kenny. I will be replying to the letter he sent to me; it should be with him today. My understanding from Ministers involved on my side is that it is impossible to get substantive agreement. Deputy Shatter has been very helpful in discussions but it is their view that to put this question we would not alone have to make a decision, but we would also have to have the draft legislation. That is something they do not

837 Order of 12 February 2008. Business

[The Taoiseach.] see us being able to agree on. If it is possible, they should resume discussions but I will answer the letter.

Deputy Enda Kenny: It was not necessary in the case of the bail amendment. We did not have to have the heads of the Bill in that case.

The Taoiseach: The view is that we cannot ask people to decide on a substantive issue like this, and there are a number of very important issues, without spelling out the comprehensive legislation. We have done that in all cases since the divorce referendum. It is a practice we followed in a number of other referendums; the Deputy pressed me to do that. We would not be listening to the NGO groups if we did not put out the substantive detail on this; it would get into a very controversial area. That is the view of the Ministers and officials who have been dealing with this issue. We have not fixed a precise date. We are talking about the same timeframe the Deputy mentioned, namely, the end of April into mid-June. We now have the draft legislation on which we would like to consult with Deputy Kenny and Deputy Gilmore, their spokespersons or legal people as quickly as possible. Three issues arise. The legislation will be before this House by early March, or even late February, depending on how long the consultation on that takes. We have followed exactly the same format that was used in the Single European Act, Maastricht, Amsterdam and Nice. We have not changed the model. It is one with which we and our legal people will be familiar. A White Paper in Irish and English from the Department of Foreign Affairs is ready. There is also the matter of the setting up of the Referendum Commission. It has indicated it would like a period of 90 days and that would normally be from the time of the publication of the Bill. If we could get that done by the end of the month, it would get the full 90 days — March, April and May. We are well advanced to move on it.

An Ceann Comhairle: I call Deputy Gilmore.

Deputy Enda Kenny: What about the HSE and the Pharmacy (No. 2) Bill?

An Ceann Comhairle: That is not in order, Deputy Kenny, as you well know. In deference to your position as party leader, I allowed you to ask the question but you know it is not in order to——

A Deputy: The Taoiseach’s backbenchers are——

Deputy Enda Kenny: The Taoiseach might want to answer that question.

An Ceann Comhairle: I have to move on. I call Deputy Gilmore.

Deputy Eamon Gilmore: I want to raise two legal actions which are pending in the High Court and in which the Da´il will have a direct interest. The first relates to the application being made to the High Court by the Smithwick tribunal, seeking the release of documents the then Minister for Justice may have used to brief Government in March 1989 regarding the murder of Chief Superintendent Harry Breen and Superintendent Bob Buchanan, murders which are now being investigated by Mr. Justice Smithwick under the mandate given to him by the Oireachtas. I have a number of questions in that regard. First, will the Taoiseach indicate if the Government intends to contest the High Court application by the tribunal? Second, has the Ceann Comhairle or the Houses of the Oireachtas

838 Order of 12 February 2008. Business

Commission nominated solicitors to accept service of the proceedings on behalf of Daíl E´ ireann as requested by Mr. Justice Smithwick in the letter sent to the Clerk of the Daíl on 6 February? Third, will the Ceann Comhairle indicate if it is intended that the Daíl or the Houses of the Oireachtas Commission will be legally represented in these High Court proceedings to ensure that the interests of the Oireachtas, as the establishing body for the tribunal, is upheld in this case? The second issue I want to raise relates to the response the Taoiseach gave to both Deputy Kenny and I during the course of Leaders’ Questions in which he stated that his legal challenge to the Mahon tribunal is based on the protection of parliamentary privilege. In that regard, does the Ceann Comhairle now intend that the Daíl or the Houses of the Oireachtas will apply to be joined in the proceedings in view of the fact, first, that the planning tribunal was established on foot of motions passed by the Daíl and Seanad and, second, the important constitutional and legal issues regarding the privilege of Members under Article 15.13 of the Consti- tution that are likely to be addressed in that case and in which all Members of this House have an interest?

An Ceann Comhairle: The Deputy will be aware that the items he has raised are not in order in accordance with the Order of Business. Regarding the first matter, however, we have nominated parliamentary legal advisers to advise on the matter. Regarding the second matter, that is a matter which will have to go before the Committee on Procedure and Privileges. The other matter is a matter for the CPP in the first instance. I must advise Deputy Gilmore that I will communicate with him on these matters but they are not in order on the Order of Business.

Deputy Eamon Gilmore: I do not in any way wish to get into conflict with you, a Cheann Comhairle, or challenge your ruling on this matter but I submit I am in order. I appreciate you will communicate with me about them. I submit that these are in order because 5 o’clock the first matter was the subject of correspondence between the Smithwick commission and the Clerk of the Da´il, which was circulated to Members last week. Clearly the Houses have an interest in that matter, which I am drawing to the attention of the Ceann Comhairle. From the Taoiseach’s reply to Deputy Kenny and me today, an issue arises for the Ceann Comhairle and the Houses of the Oireachtas Commission with regard to seeking to be joined in the proceedings initiated by the Taoiseach in the High Court because he claims he is applying to the High Court, apparently not in his interest, but to defend the collective interest of parliamentary privilege.

An Ceann Comhairle: I will communicate with the Deputy but the Deputy is aware that it is not in accordance with the orders of this House. The longstanding convention is that the Chair be given notice of matters such as this. I have answered the Deputy in so far as I can.

Deputy Phil Hogan: Section C of the Government legislative programme refers to the Elec- toral (Amendment) Bill to revise the Da´il and European Parliament constituencies but it is well down the list. Will the Government be bringing forward proposals in this session or the next session to give effect to the reports?

The Taoiseach: It will be in the next session.

Deputy Joan Burton: During the last Da´il and in this Da´il, the Taoiseach was kind enough to promise legislation to deal with management companies and the regulation of property agents. Everyone felt this was a personal commitment because of the Taoiseach’s knowledge of this issue in Dublin Central, where many young people are charged management fees of

839 Order of 12 February 2008. Business

[Deputy Joan Burton.] \1,800 to \2,500 and cannot receive proper invoices, a case of gross exploitation by some management company directors, developers and property service agents. We have all heard how little legislation is before the Da´il but nothing has been heard in this Da´il concerning a law dealing with management companies or the introduction of legislation on the regulation of property management agents. Many apartment blocks will soon be ten years old and issues such as damage to roofs and repainting exteriors arise. Most of the money collected has gone with the managing agents and there is nothing left in sinking funds to provide for essential major repairs. People in apartments may be faced with bills in excess of \10,000 for major repairs.

An Ceann Comhairle: Is legislation promised?

The Taoiseach: Legislation is due and it is an important issue. In late 2006 and early 2007 the Law Reform Commission published a consultation paper on the multi-unit developments. It drew attention to the broad range of issues of governance and operation of the developments. It is complex because it involves more than one area. The Minister for Justice, Equality and Law Reform chairs a Cabinet committee, which includes the Departments of the Environment, Heritage and Local Government; Justice, Equality and Law Reform; the company law sections of the Department of Enterprise, Trade and Employment; and the Attorney General to deal with these cross-cutting issues. I thought it could be addressed with one Bill by the Department of the Environment, Heritage and Local Government but it involves company law, consumer protection and the development of regulatory structures. We are trying to make progress on all fronts but it could require three legislative measures from three Departments to get this correct. They are working on it, using the Law Reform Commission’s document as the base to do this. We are pushing it because it should be done. I do not disagree with the argument Deputy Burton makes.

Deputy P. J. Sheehan: I tabled two questions to the Minister for Arts, Sport and Tourism, sitting beside the Taoiseach, on the decline of bed and breakfast units available to tourists and the lack of the Cork-Swansea ferry for the 2008 tourism season, two issues of tremendous interest to the good people of Cork and Kerry. The Ceann Comhairle wrote to me stating he would disallow the two questions because the Minister had no official responsibility to Da´il E´ ireann for these matters. Is he the Minister for Arts, Sport and Tourism? If he is, he should have responsibility for answering these questions. Things have slid downhill since I was a Member for 21 years to 2002. Since my return to the House I have received a number of replies from Ministers ducking and diving around their responsibilities.

Deputy Enda Kenny: Hear, hear.

Deputy P. J. Sheehan: At least the Minister for Health and Children accepts parliamentary questions and states that she has referred them to the chief executive officer of the HSE for direct reply to Deputies concerned. In fairness, the HSE has set up a parliamentary affairs division to answer these questions in due course.

An Ceann Comhairle: That is not in order.

Deputy P. J. Sheehan: This refers to the procedure of the House.

An Ceann Comhairle: It does not.

840 Order of 12 February 2008. Business

Deputy P. J. Sheehan: I would appreciate if the Taoiseach would assist me and every other Member by compiling a list of subjects that each Minister will provide answers to and a list of subjects that are now the responsibility of an agency funded by the Department in cases where Da´il questions cannot be answered. Could I go further, Taoiseach——

An Ceann Comhairle: No, Deputy Sheehan cannot. That is the end of it.

Deputy P. J. Sheehan: I suggest the Taoiseach encourages each agency to follow the lead of the HSE and set up a parliamentary affairs division to answer parliamentary questions within a reasonable time, such as ten working days.

An Ceann Comhairle: We must call it a night. This is completely out of order.

Deputy P. J. Sheehan: The Ceann Comhairle should trust me and indulge me for a few minutes. It might save him from writing to Deputies every sitting day, and save him spending hundreds of minutes ruling Deputies out of order during the Ceann Comhairle’s term of office. If Ministers are not able to run their Departments——

An Ceann Comhairle: That is the end of it. I call Deputy Crawford.

Deputy Mary Upton: On the same issue——

An Ceann Comhairle: It is completely out of order. Deputy Sheehan carried on as an exceptional measure. We cannot proceed with that. We would be here forever and I ask the Deputy not to do it again.

Deputy Seymour Crawford: Three issues are of extreme importance. The aged, the disabled and those needing health care from pharmacists are extremely worried at the despicable acts of the HSE towards the pharmacists.

An Ceann Comhairle: Is there legislation promised?

Deputy Seymour Crawford: When will the pharmacy No. 2 Bill be brought before the House? I have asked that the health long-term residential care services Bill be enacted to deal with the subvention matter.

The Taoiseach: This session.

Deputy Seymour Crawford: That response is not sufficient. When will it be dealt with? People need certainty on this matter. Has the Taoiseach decided if Cavan can come back into the Republic? We would all like to know. It was expelled last week and we want it back in.

An Ceann Comhairle: I thought that was settled at the Polo Grounds in 1947.

The Taoiseach: I do not have a date for the pharmacy Bill. The health Bill will be dealt with in this session.

Deputy Sea´n Barrett: On 14 November 2007 I was appointed Chairman of the Joint Commit- tee on Climate Change and Energy Security as a result of pressure following the failure to produce terms of reference. Since 14 November the committee has operated without a clerk, and only with the assistance of another clerk, who is covering for the failure of those who

841 Order of 12 February 2008. Business

[Deputy Sea´n Barrett.] should appoint a clerk. Is the Taoiseach serious about this issue? Will he arrange for the Department of the Environment, Heritage and Local Government to stop blocking the transfer of a member of staff, who is apparently on a list as a result of relocation of the Department, to the Houses of the Oireachtas? I and members of my committee will not hold meetings until we get proper staffing. We should not set up committees unless the Taoiseach is prepared to give us the back-up to do the work we are expected to do. We are endeavouring to do a job on behalf of both Houses, the Seanad and the Da´il. We are getting the co-operation of Depart- ments in trying to do it but we cannot continue to operate without even a clerk never mind professional assistance.

Deputies: Hear, hear.

An Ceann Comhairle: It is tenuous enough. The question refers to the committees of the House.

The Taoiseach: I will check whether it is an issue for the Houses of the Oireachtas Com- mission or, as Deputy Barrett indicated, the Department. If it is a departmental issue I will ask the Minister to try to clear whatever blockage is there.

Deputy Sea´n Barrett: I was told months ago that a member of staff from the Department of the Environment, Heritage and Local Government was to come over.

The Taoiseach: I will check that.

Deputy Sea´n Barrett: We have been hanging on for months without a clerk. It is ridiculous.

Deputy Liz McManus: I am not sure whether the Taoiseach is aware that in Northern Ireland there is considerable concern at the fact that next month RTE intends to close down the medium wave radio service. This seems to fly in the face of the Good Friday Agreement, that people who have been able to access RTE radio all their lives will no longer be able to do so. Will the Taoiseach ensure that the Broadcasting Bill is brought forward? In the meantime, because this affects people in Northern Ireland and our emigrants in Britain, who in many cases will also lose a service, will he ensure that RTE does not close down this service until the Broadcasting Bill is debated and that we can ensure there is consistency? For example, the FM signal is so weak on parts of the Falls Road that people simply will not be able to get RTE radio. This is a matter for debate in this House and for the committee on the progress of the Good Friday Agreement, as well as the Joint Committee on Communications, Energy and Natural Resources.

An Ceann Comhairle: It is a matter for the House but not on the Order of Business. The Taoiseach to reply on the Broadcasting Bill.

The Taoiseach: The Broadcasting Bill will be before the House shortly.

Deputy Joe Costello: In the context of the promise to establish the new statutory national employment rights authority, when can we expect the Employment Law Compliance Bill?

The Taoiseach: Shortly. It will be in this session.

Deputy Joe Costello: Definitely this session.

842 Order of 12 February 2008. Business

Deputy Terence Flanagan: I, too, wish to ask the Taoiseach about the property services regulatory authority Bill. This Bill is necessary to put the national property services regulatory authority on a statutory basis. The authority was set up in 2005 and is costing thousands of euro each year to run, yet it has not been established on a statutory basis. For too long there has been no regulation of property management companies. Meanwhile, apartment owners are being fleeced with fees rising on a yearly basis. There is no accountability or value for money breakdown while people’s hard-earned cash is being paid to management companies in management fees. The Taoiseach has held office for a long time and I urge him to move this legislation forward.

An Ceann Comhairle: The Taoiseach to reply on the legislation. We will have to dispense with the prologues and the epilogues.

The Taoiseach: The Criminal Law (Defence of Life and Property) Bill will be introduced later in the year. As I indicated, it is just one of the measures to deal with this issue; it will not cover all aspects.

Deputy Denis Naughten: REPS is fundamental to the protection of our national monuments.

An Ceann Comhairle: That is not relevant to the Order of Business.

Deputy Denis Naughten: No. 49 on the list of promised legislation is the National Monuments Bill. A total of 6,000 farmers are waiting for REPS payments. The Minister for Agriculture, Fisheries and Food, Deputy Coughlan, appears to contradict the Commission on this matter. When will the National Monuments Bill be introduced and when will the 6,000 farmers be paid?

The Taoiseach: It is listed for next year.

Deputy Denis Naughten: They will be paid next year.

Deputy Arthur Morgan: Maith thu´ , a Cheann Comhairle. As we approach the 10th anniversary of the Good Friday Agreement, is there any outstanding legislation arising from the Agree- ment that has yet to come before the House? Is it intended to schedule a full debate in the House on implementation of the Agreement? When the Taoiseach is in full flow, will he clarify the position on the transfer of policing and justice powers from London to Belfast? An official was quoted this week as saying the Taoiseach felt the May deadline might not be reached. I would appreciate his take on the matter. I hope his position will be that the whole process should be completed by May of this year.

An Ceann Comhairle: The Taoiseach to reply on whether there is outstanding legislation.

The Taoiseach: I do not think there is any outstanding legislation but we are trying to meet the May deadline.

Deputy Arthur Morgan: Maith thu´ .

Deputy Joanna Tuffy: When does the Taoiseach expect to publish the Civil Partnership Bill as legislation in this area has been promised for at least a couple of years?

The Taoiseach: It will be later this year. I do not know the exact date. The draft heads are not yet completed. I am not sure how long that will take but work is under way and it is hoped to have the draft heads of the Bill shortly. It will probably be later in the year.

843 Overseas Missions Report: 12 February 2008. Referral to Select Committee

Deputy David Stanton: A promise was made in the programme for Government to establish an independent electoral commission. Will this happen before the local and European elections? Has work been done on it and at what stage is the process?

The Taoiseach: It will take some time to put the commission together so I cannot see it being completed before the local elections.

Deputy James Bannon: The Government has introduced more bureaucracy, red tape, rules and regulations in regard to——

An Ceann Comhairle: I said no more prologues.

Deputy James Bannon: ——animal medicines. Officials in the Department and vets find it impossible to implement them.

An Ceann Comhairle: This is not in order. The Deputy should know that.

Deputy James Bannon: The issue is relevant to legislation.

An Ceann Comhairle: The Deputy should ask that question then.

Deputy James Bannon: When can we expect the Animal Health Bill to come before the House to update animal disease legislation?

An Ceann Comhairle: The Taoiseach to reply on the Animal Health Bill.

The Taoiseach: The heads of the Bill have been approved but I do not have a date for their publication.

Finance Act 2004 Order: Referral to Select Committee. Minister for Social and Family Affairs (Deputy Martin Cullen): I move:

That the proposal that Da´il E´ ireann approves the following Order in draft:

Finance Act 2004 (Section 91) (Deferred Surrender to the Central Fund) Order 2008,

copies of which have been laid in draft form before Da´il E´ ireann on 28th January, 2008, be referred to the Select Committee on Finance and the Public Service in accordance with paragraph (1) of the Orders of Reference of that Committee, which, not later than 13th March, 2008, shall send a message to the Da´il in the manner prescribed in Standing Order 87, and Standing Order 86(2) shall accordingly apply.

Question put and agreed to.

Overseas Missions Report: Referral to Select Committee. Minister of State at the Department of the Taoiseach (Deputy Tom Kitt): I move:

That the proposal that Da´il E´ ireann approves the report by the Minister for Defence regarding service by the Defence Forces with the United Nations in 2006, copies of which were laid before Da´il E´ ireann on 23 August 2007, in accordance with section 13 of the Defence (Amendment) Act 2006, be referred to the Select Committee on Justice, Equality, Defence and Women’s Rights in accordance with paragraph (1) of the Orders of Reference of that Committee, which, not later than 28th February, 2008, shall send a message to the

844 Social Welfare and Pensions Bill 2008: 12 February 2008. Second Stage

Da´il in the manner prescribed in Standing Order 87, and Standing Order 86(2) shall accordingly apply.

Question put and agreed to.

Social Welfare and Pensions Bill 2008: Order for Second Stage. Bill entitled an Act to amend the Social Welfare Acts and the Pensions Act 1990 and to make related amendments of the Family Law Act 1995 and the Family Law (Divorce) Act 1996.

Minister for Social and Family Affairs (Deputy Martin Cullen): I move: “That Second Stage be taken now.”

Question put and agreed to.

Social Welfare and Pensions Bill 2008: Second Stage. Minister for Social and Family Affairs (Deputy Martin Cullen): I move: “That the Bill be now read a Second Time.” I am very pleased to introduce this, the second of two Bills which will implement the social welfare package of \900 million announced last December in budget 2008. This generous package, representing nearly half of all additional current Government spending announced in last December’s budget, brings total expenditure on social welfare in 2008 to just under \17 billion. This Bill provides for the implementation of certain social welfare improvements announced in budget 2008. It also contains the statutory basis for the administration of the blind welfare allowance and the domiciliary care allowance by the Department of Social and Family Affairs. These schemes are currently administered by the Department of Health and Children and their transfer is part of the Government’s health service reform programme. In addition, the Bill provides for miscellaneous amendments to the Social Welfare Consolidation Act 2005 and the Pensions Act 1990, and consequential amendments to the Family Law Act 1995 and the Family Law (Divorce) Act 1996. The social welfare budget package set aside approximately \148 million, or \194 million when the early child care supplement is included, to improve the range of supports provided for children. Budget 2008 provided increases of 6% or above in overall child income support through a combination of child benefit, qualified child increases, back to school clothing and footwear allowance and the early child care supplement. The impact of these measures is best illustrated by way of an example. Let us take the case of a social welfare-dependent family with three children, one of them under six years of age and another over 12 years of age. As a result of budget 2008, the combined value of child support payments to that family will increase by \718 in a full year, bringing their total child income support to over \12,000 next year. This equates to an income support payment of \77 per child per week and represents an increase of over 6% in the value of their current payments. The policy direction followed by successive Governments in recent years included the dedication of substantial resources to the universal child benefit scheme. This represents part of an ongoing objective of reforming income support for children to reduce work disincentives by making child income support more neutral vis-a`-vis the employment status of the parent. The policy focus was driven, in part, by the recognition that the loss of qualified child increases by social welfare recipients on taking up employment could act as a disincentive to taking up available work opportunities.

845 Social Welfare and Pensions Bill 2008: 12 February 2008. Second Stage

[Deputy Martin Cullen.]

The introduction of the national minimum wage in 2000 together with improvements in the in-work FIS scheme in recent years, including the re-focusing of FIS income thresholds on larger families from January 2006, have further reduced the impact of the loss of qualified child increases, QCI, in the decision to take up full-time employment. In view of these changed circumstances, QCI rates were increased somewhat in 2007 and 2008, the first such increases since 1994. The agreed programme for Government also contains a series of welfare reforms aimed at prioritising the interests of families and children. Under the terms of an earlier social partnership agreement, the National Economic and Social Council, NESC, was asked to examine the feasibility of merging the family income supplement with qualified child increases with a view to creating a single second-tier child income support. Such a payment would be aimed specifically at targeting child poverty by channelling resources to low-income families without creating significant disincentives to employment. This commitment to examine such a change was embodied in subsequent social partnership agreements including the current Towards 2016. The NESC has decided not to adopt a definitive position on the issue and has instead recently published a paper in its research series, setting down the complex policy and technical challenges that are involved. I expect the paper will helpfully inform further developments in this area. The importance of targeted income support to families and children continues to be a high priority for me and for this Government and recent changes have seen substantial improvements in this area. Budget 2008 provided for payment of an additional \2 per week in the qualified child increase, formerly called the child dependent allowance, which is paid to all social welfare recipients with children. It also provided for increased weekly income thresholds for all FIS family sizes with additional resources being directed at larger families, as research has shown this is where poverty is more likely to exist. These improvements will benefit some 26,500 existing families and entitle a further 2,700 families to that payment. These changes represent a more selective approach to child income support through targeting children in poorer households while at the same time limiting the extent to which employment disincentives are increased. Maintaining this balance will remain a priority in consideration of future policy changes in this area. I am also pleased to continue the policy of increasing child benefit this year. This Bill provides for an increase of \6 in the lower monthly rate of child benefit and \8 in the higher rate, bringing the new monthly rates to \166 for each of the first two children and to \203 for the third and subsequent children. The increase in child benefit will be effective from April 2008 and will benefit more than 570,000 families in respect of approximately 1.1 million children. The Bill, on behalf of the Minister of State with responsibility for children, also provides for an increase of \100 in the annual rate of early child care supplement bringing the annual rate to \1,100 and the quarterly rate to \275. This increase will apply from the first quarter of 2008 and will benefit some 420,000 to 430,000 children by the end of 2008. The Government discussion paper, Proposals for Supporting Lone Parents, recommended expansion of the availability and range of education and training opportunities for lone parents, an extension of the national employment action plan to focus on lone parents and the introduction of a new social assistance payment for low income families with young children. Recognising the high levels of consistent poverty among lone parent families, the report also recommended that the upper income limit for the receipt of the new social assistance payment should be \400 per week. Budget 2007 realised this increase and I am happy to go further in

846 Social Welfare and Pensions Bill 2008: 12 February 2008. Second Stage this Bill by increasing the upper earnings limit for qualification for the one-parent family payment to \425. The EU Survey of Income and Living Conditions statistics for 2006 suggest that we have still some way to go in alleviating the risk of poverty faced by many lone parents. I am still con- vinced that the long-term aim of the proposed new social assistance payment — to help people to achieve financial independence by supporting them into training and education and enabling them to enter the labour force — offers the best way out of poverty and social exclusion. As I recently reported to the House, the development of any new scheme to support low income parents can only be introduced when the necessary co-ordinated supports and services are put in place on the ground by other Departments and agencies. This is why the non-income recommendations contained in the discussion paper are being tested currently in two areas: Coolock and Kilkenny. These tests are focused on identifying and resolving any practical and administrative issues that may arise in advance of the scheme being introduced. The tests are now scheduled to run until at least the end of February, with a report then being made to the Cabinet Committee on Social Inclusion. The tests will allow for operational and logistical co- ordination between the relevant Departments and agencies to be considered and will facilitate the development of the policy and operational details of the new social assistance scheme and accompanying supports. As we all will be aware, carers play a critical and much valued role in ensuring that our older people and people with disabilities can remain in their own homes for as long as possible. Supporting and recognising carers in society has been a priority of the Government since 1997. I assure the House that we are committed to supporting care in the community to the maximum extent possible. This commitment to carers has been reinforced in the national partnership agreement Towards 2016 and in the programme for Government which both include significant commitments in the area of caring. These include commitments to increase the level of the respite care grant, to keep the scope for further development of payments to carers under review and to ensure that those on average industrial earnings can continue to qualify for carer’s allowance. The Bill provides for an increase in the respite care grant of \200, bringing the value of the grant to \1,700 for each care recipient. This measure will benefit over 48,000 carers in 2008. The increase in the respite care grant will take effect from June 2008. The primary objective of the social welfare system is to provide income support. As a general rule only one weekly social welfare payment is payable to an individual. Persons qualifying for two social welfare payments receive the higher payment to which they are entitled. This had been a cause of particular concern to persons in receipt of a social welfare payment when they became carers. As Members will be aware, budget 2007 provided for a fundamental reform of the social welfare system for carers in this regard. Under the new arrangements which came into effect in September 2007, people in receipt of certain social welfare payments other than carer’s allowance or benefit who are providing someone with full-time care and attention can now retain his or her main payment and receive another payment, depending on his or her means, the maximum of which is equivalent to a half-rate carer’s allowance. These new arrangements apply to almost all weekly social welfare payments and to persons in receipt of qualified adult allowances. The beneficiaries of these new arrangements are persons currently in receipt of carer’s allowance who may have an underlying eligibility for another social welfare payment such as contributory State pension and persons currently in receipt of other social welfare payments who are also providing full-time care and attention who may now qualify for an additional payment. To date, almost 7,000 additional carers have benefited from these new arrangements.

847 Social Welfare and Pensions Bill 2008: 12 February 2008. Second Stage

[Deputy Martin Cullen.]

One of this Government’s key commitments is to the development of a national carer’s strategy. This strategy will focus on supporting informal and family carers in the community. While social welfare supports for carers will clearly be a key issue in the strategy, other issues such as access to respite and other services, education, training and employment will also feature strongly. Co-operation between relevant Departments and agencies is essential if the provision of services, supports and entitlements for carers is to be addressed fully. For that reason all relevant Departments and agencies are involved in the strategy and there will be appropriate consultation with the social partners. An interdepartmental working group has been established to draw up the strategy. The group is chaired by the Department of the Taoiseach with the secretariat provided by the Department of Social and Family Affairs. It includes officials from the Departments of Finance, Enterprise, Trade and Employment, and Health and Children, as well as the HSE and FA´ S. The expertise of other Departments and agencies will be called on as required. It is expected the strategy will be completed by mid-year. The recent improvements in the income supports available from the Department together with the improvements in home care and related services provided by the Minister for Health and Children in recent budgets, represent a further realisation of our vision of a co-ordinated approach to services and supports for carers in the community. The development of a national carer’s strategy provides us with an opportunity to build further on these improvements and to consider other areas where progress can be made. The transfer of the administration of blind welfare allowance and domiciliary care allowance to the Department of Social and Family Affairs will enable both the Health Service Executive and the Department to achieve a number of benefits. From the HSE’s point of view the transfer will allow it to concentrate on its core health functions and in particular on other aspects of its reform programme. From the Department’s point of view, the transfer will provide opportunities for enhanced customer service and more effective and co-ordinated administration of income support payments. The legislation provides a framework for eligibility for these payments. It provides a set of clear and detailed guidelines which will apply to the administration of domiciliary care allowance and blind welfare allowance. Accordingly, mainstream income support eligibility and assessment criteria will be applied. Most recipients of domiciliary care allowance and blind welfare allowance are also in receipt of child benefit or another social welfare payment and are therefore already customers of the Department. The transfer will make it easier for the Department to increase awareness of its services and to give information on access and entitlements to all its payments. It will in effect mean that a person’s income needs will be dealt with in one Department. It has been decided that both payments will transfer in the first instance on an “as is” basis. The rationale is to ensure that the transfer of both payments runs as smoothly as possible and without any disruption in service to recipients of these payments. This approach will also ensure that any necessary linkages between the income support and health systems are preserved. The transfer will be achieved through appropriate adjustments being made in manpower levels in the Department of Social and Family Affairs and the health sector. This will be done on an Exchequer and staff numbers neutral basis. The legislation proposes to remove the existing means test for domiciliary care allowance that is applied solely to the income of the child. I did not feel that it was appropriate to include

848 Social Welfare and Pensions Bill 2008: 12 February 2008. Second Stage this part of the existing scheme in the proposed legislation and on transfer of domiciliary care allowance this means test would no longer be applied. The transfer of these payments within mainstream income support legislation is an appropriate development and one which will provide a more streamlined, consistent, and efficient customer-oriented service to recipients of both domiciliary care allowance and blind welfare allowance. The House will be aware that the Green Paper on pensions was launched in October 2007, following an intensive review of the pension system by several Departments and the Pensions Board. Publication of the Green Paper was a Towards 2016 commitment and the document comprehensively addresses issues relating to social welfare and supplementary pensions in Ireland. The Green Paper does not recommend any particular course of action but rather sets out the challenges facing our pension system now and in the future. It clearly sets out the current situation and the implications, from an economic and social perspective, of various courses of action which have been suggested. Views are being sought on the issues raised in the Green Paper through a consultation process which is under way since its publication. This process is being facilitated through the website, www.pensionsgreenpaper.ie. The website allows people to make a submission and gives them the opportunity to express their views on the important issues raised in the Green Paper. It also provides information on the Green Paper and on upcoming events relevant to the consultation process. Some 47 submissions have been made through the website to date. Interested parties can also make submissions directly to the Department. I invite all Deputies to use this consultation process as an opportunity to express their views on this important issue and would welcome their input. In addition, the Department has organised a number of regional seminars which will take place in Dublin, Waterford, Cork, Tullamore and Sligo during the last week in February and the first week of March. These seminars will be followed by a major conference in Dublin in May. The consultation process will provide important and valued input to the process of developing a framework for comprehensively addressing the pensions agenda over the longer term. The Government plans to develop this framework by the end of 2008. I will now outline the main provisions of the Bill, which includes new measures, amends the Social Welfare Consolidation Act 2005, the Pensions Act 1990, and a small number of other Acts. Sections 1 and 2 provide for the Short Title, construction, collective citation and commencement provisions of the Bill and contain definitions of certain terms as they apply throughout the Bill. Section 3 provides for an increase of \6 in the lower monthly rate of child benefit and \8in the higher rate, bringing them respectively to \166 and \203 per month. The increase in child benefit will be effective from April 2008. Families who receive the monthly payment via their bank accounts will receive the budget increase from April 2008, while those who receive payment via personalised payable order books encashable at post offices will be paid, as has been the case in previous years, in the first week in May 2008, backdated to April 2008. Section 4 provides for an increase of \100 in the annual rate of early child care supplement, bringing the annual rate to \1,100 and the quarterly rate to \275. The increases will apply from the first quarter of 2008. Section 5 provides for the implementation of Council Regulation 259/68 to allow an official employed in an EC institution to transfer the actuarial value of their pension rights from the social insurance fund into the pension scheme of the European Communities Institution, PSEC, and for the transfer of the actuarial value of their pension from the PSEC to the national system. Currently a person employed by a European Commission institution is not covered by

849 Social Welfare and Pensions Bill 2008: 12 February 2008. Second Stage

[Deputy Martin Cullen.] the protection that normally applies to EU citizens under EU Regulation 1408/71 which ensures that other member states take account of PRSI contributions paid in Ireland. This section makes provision to enable the transfer of any such contributions from the social insurance fund to the PSEC. It also provides for the transfer of contributions from the PSEC to the social insurance fund. Section 6 provides that a person transferring back to illness benefit from invalidity pension will be entitled to a full personal rate of illness benefit where they have the required number of contributions in the relevant tax year. Section 7 provides that a person moving from disability allowance to State pension, non-contributory, at age 66 will not receive a lower rate of payment due to a less favourable capital disregard on the State pension, non-contributory, scheme. Section 8 raises the earnings limit for receipt of one-parent family payment to \425, as announced in budget 2008. It also makes provision for the income to be assessed in a manner to be prescribed by regulations. The regulations will provide for the disregard of social insurance contributions, health contributions, superannuation contributions and trade union subscriptions for the purposes of assessment of earnings for one-parent family payment. Section 9 increases the respite care grant to \1,700 as announced in budget 2008. The increase will apply from 5 June 2008. Section 10 provides for the deletion of the outdated term “penal servitude”. It also provides that a person shall not be considered to be detained in legal custody for the purposes of entitlement to disability allowance when he or she is detained for treatment under an admission order or renewal order made under the Mental Health Act 2001, or an order made under section 38 of the Health Act 1947, or an order made under section 4 or section 5 of the Criminal Law (Insanity) Act 2006, or an order made under section 17 of the Lunacy (Ireland) Act 1821, or an order made under section 2 of the Trial of Lunatics Act 1883, and that these provisions which are beneficial to the individuals affected will be deemed to have come into effect on 1 June 2005. Section 11 provides that the term “a homemaker” may include a person who is resident in the State or who is, or is the spouse of, a member of the Defence Forces or a civil servant in the Civil Service of the Government or the State, is in the service outside the State, of the Government, the State or an international organisation, or is a volunteer development worker. The section also provides that a deciding officer may decide the question as to whether a person is to be deemed a homemaker at any time. Sections 12, 13 and 14 set out the conditions for entitlement to blind welfare allowance, the rates of payment, the provisions for the calculation of means, the consequential amendments and the transitional provisions to allow for the transfer of the administration of the scheme from the Department of Health and Children to the Department of Social and Family Affairs, with effect from early 2009. Sections 15, 16 and 17 set out the conditions for eligibility for receipt of domiciliary care allowance, the rates of payment, the consequential amendments and the transitional provisions to allow for the transfer of the administration of the payment of an allowance for the domiciliary care of children from the Department of Health and Children to the Department of Social and Family Affairs, with effect from early 2009. Section 18 clarifies the provisions on appeals of supplementary welfare allowance and inserts amended provisions on the administration of supplementary welfare allowance, including the transitional provisions for the continuation of payments under the supplementary welfare allowance scheme as determined by the Health Service Executive on the transfer of the operation of the scheme to the Department of Social and Family Affairs.

850 Social Welfare and Pensions Bill 2008: 12 February 2008. Second Stage

Section 19 clarifies the late claims provisions with regard to respite care grant. Section 20 clarifies the provisions concerning the making of regulations relating to payment to persons other than the claimant or beneficiary. Section 21 corrects an omission from the Social Welfare and Pensions Act 2007. Section 22 amends section 343 of the principal Act by removing the provision that a decision on any question relevant to criminal proceedings shall be conclusive for the purposes of such proceedings and replacing it with the fact that any such decision shall be admissible as evidence in such proceedings. Section 23 provides for a technical amendment to correct the text inserted by the Social Welfare and Pensions Act 2007. Section 24 provides for the disregard, for the purposes of rent and mortgage interest supplement of any amount of carer’s benefit in excess of the basic rate of supplementary welfare allowance, in line with current arrangements for carer’s allowance. It also provides for changes in the rules for the calculation of the income disregard. The legislation is being amended to clearly state that the disregard applies to all income and to clarify that additional income includes earnings, family income supplement and all maintenance. Section 25 provides for miscellaneous amendments to the Social Welfare and Pensions Act 2007. The amendments to the Pensions Act 1990 mainly arise from the recommendations of the report of the Pensions Board to the Minister for Social and Family Affairs on trusteeship. The report was published in November 2006. The recommendations in this report are aimed at enhancing both the governance of occupational pension schemes and the protection of the pension rights of scheme members. These changes will facilitate the implementation of recommendations in this report. Section 26 provides for the definition of principal Act for the purposes of Part 3. Section 27 proposes to bring registered third party administrators of pension schemes under the remit of the Pensions Act. Third party administrators are currently unregulated in terms of scheme administration work carried out on behalf of the trustees of pension schemes. The Pensions Act is being amended to bring such third party administrators within the remit of the Act regarding certain core functions they perform on behalf of trustees. Pension scheme administrators will now be required to register with the Pensions Board before they can carry out these core functions and the Pensions Board will have responsibility to audit administration service standards and to remove registration or apply sanctions if required standards are not met. Section 28 provides for enhancements to the existing provisions in relation to the training of trustees of pension schemes as recommended in the report of the Pensions Board on trusteeship. While trustees are required, at the moment, to disclose in their annual report whether they have access to trustee training, continuous and quality training is not compulsory and research has indicated that ongoing quality training is not the norm. The proposed amendments will put an obligation on employers to arrange trustee training for each individual trustee within six months of their appointment and at least every two years thereafter and will put an obligation on trustees to undertake this training. Section 29 and Schedule 2 provide for a number of miscellaneous amendments to the Pensions Act 1990 which are mainly technical in nature. The Bill provides for a small number of amendments to other Acts as follows. Sections 30 and 31 of the Bill provide for consequential amendments to the Family Law Act 1995 and the Family Law (Divorce) Act 1996 to mirror the amendments made above to the Pensions Act 1990 on the definition of “defined contribution scheme”. I commend the Bill to the House and look forward to a constructive debate.

Deputy Olwyn Enright: I welcome the opportunity to discuss this Bill and related matters. The 2008 budget was the Government’s opportunity to show it was serious about tackling

851 Social Welfare and Pensions Bill 2008: 12 February 2008. Second Stage

[Deputy Olwyn Enright.] poverty and disadvantage, however, other than tinkering with the figures, the larger issues remain ignored. While Fine Gael welcomes the increase in child income supports we have serious concerns about the real impact these changes will have on tackling child poverty and delivering to those who are most in need. In 2006, according to the EU Survey on Income and Living Conditions, EU-SILC, which the Minister quoted, 11% of children under 14 were living in consistent poverty and 20% were at risk of poverty, effectively children living in families whose income was below 60% of median income. Compared to this the budget 2008 provision for child income support is minimal, with less than a \6 per week increase for school-going children under six and less than \4 for children in secondary school. Parents with children under the age of six will see the qualified child allowance increase by \2 per week, child benefit by \1.39 per week, the back to school clothing and footwear allowance by 39 cent per week and the early child care supplement by \1.92 per week. In total, child income supports for children under six years of age have increased by \5.69 per week. Parents with secondary school children will also see the qualified child allowance increase by \2 per week, child benefit by \1.39 per week and the back to school clothing and footwear allowance by 39 cent per week bringing an increase of \3.77 per week. Under this Government one in nine children live in consistent poverty, poor as part of a family, and if we are to tackle child poverty we need to support families. The Minister will accept that child poverty is not a catchphrase or buzzword but a harsh reality for many Irish children. It is about children going to bed hungry, malnourished and cold, without a change of shoes or a winter coat. An increase of \5.69 and \3.77 respectively will do little to assist to assist the poorest children in our society and will do nothing to end the scandal of child poverty. This is all the more disappointing considering the Government made a commitment to reduce the number of children in consistent poverty to below 2%, and to eliminate child poverty by 2007. Deputy Cullen will probably tell us the timescale was too optimistic, which is a nice way of telling us it meant little in the first place. It is yet another commitment that was not fulfilled. I welcome the increase in the back to school clothing and footwear allowance of \20 per child, however real reform of this payment is needed. Why must this payment remain a stand- alone payment requiring a separate application process? Has the Minister examined linking it to other payments such as the qualified child allowance and making it an automatic payment? There is also considerable merit in making the payment in two or three stages to help families budget better. Any parent will tell you the cost of sending a child to school does not begin and end in September. Budget 2008 saw no increase in direct provision, the weekly payments for asylum-seekers and their children. The children of those living in direct provision are expected to survive on \9.60 per week. The Minister and I, and our colleagues, have debated this issue on many occasions. I welcome the Minister’s call for constructive debate on the Bill so we will probably have more debate on the point. He is due before the committee next week. Despite his stub- born approach to this issue and the fact he and his Department are hiding behind the Attorney General’s advice, I still hope he will look at this issue from a compassionate viewpoint and realise the policy his Department is pursuing is exclusionary, deeply unfair and discriminatory. Existing policy excludes the children of those living in direct provision from receipt of child benefit. Not only is this policy unfair to children, I still maintain, despite the comments of his officials at committee last week, that it contravenes the UN Convention of the Rights of the Child and is contrary to the State’s policies for the reduction of child poverty. I am still awaiting a note from the Department on the Attorney General’s advice. I do not know whether Deputy

852 Social Welfare and Pensions Bill 2008: 12 February 2008. Second Stage

Shortall has received it. The Minister is probably aware that we were refused access to the Attorney General’s advice, which is par for the course, so I am not sure what will be in the note. I ask the Minister to make as much information as possible available to us so we can see the thinking behind this rule.

Deputy Martin Cullen: I outlined that in some detail in one of the debates.

Deputy Olwyn Enright: The Minister outlined it, but last week we went through it in detail in committee and the officials said there was more information but they could not give us the full advice they had received from the Attorney General. Deputy Shortall requested a report and we were to receive that.

Deputy Martin Cullen: The Deputies got the officials to agree to that. Fair play to them.

Deputy Olwyn Enright: We will wait and see what is in the report before we get too excited about it. In 1992, Ireland ratified the UN Convention on the Rights of the Child, under which the State agreed to protect the rights of all children “within their jurisdiction without discrimination of any kind” including any prejudice based on their parents’ status. Article 3 expressly states that in “all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration”. The right of every child to “benefit from social security” is provided from under Article 26. On direct provision, chief executive of the Irish Refugee Council, Mr. Robin Hannan recently said, “The effect is not only pushing people into poverty and isolation, but it has also been extremely dehumanising and has caused a lot of stress and, in many cases, depression.” Approximately 3,000 children in receipt of direct provision are being deprived of basic necessities such as clothing, school books and medicine because their parents cannot afford to buy them. I am disappointed that budget 2008 did not provide the opportunity for Ireland to increase direct provision to a reasonable and acceptable level and to live up to its commitment in the UN Convention on the Rights of the Child. The most recent poverty figures show that a one parent family with one child will be “at risk of poverty” in 2007 if its income is below \282.51 per week. Before budget 2008, a family of this size relying on social welfare would have a total weekly income of \258.22. This includes the following allowances, which I have calculated for this purpose on a weekly basis: the one- parent family payment of \185.80, the qualified child allowance of \22, child benefit of \36.92, the back to school clothing and footwear allowance of \3.46 and the fuel allowance of \10.04. This is still more than \27 below the income level that puts them at risk of poverty. It is for this reason that almost one third, or 32.5%, of one-parent families were in consistent poverty in 2006. In 2008 the increase in social welfare payments to one-parent families with one child under the age of six amounts to \18.04. When adjusted for inflation, the minimum required to maintain the true value of social welfare payments was \13.60. Therefore, in real terms, the increase for such families is less than \4.50. For families with children over six years of age, the total increase amounts to \16.12. Again, to maintain the value of this payment when considering inflation, such families would have required at least \12.65 and are therefore better off by less than \3.50. I ask the Minister to outline to the House at the conclusion of this debate tomorrow what exactly is contained in his proposed overhaul of the lone parent’s allowance. He gave only a little detail in his speech today. We are now being asked to approve the increases I have mentioned and we will because effectively none of us wants to delay them for families. However, it would be better if, in doing this, we were aware of what the Minister intends to

853 Social Welfare and Pensions Bill 2008: 12 February 2008. Second Stage

[Deputy Olwyn Enright.] do, in totality, in this area. I believe his proposals involve assigning individual lone parents with a trained welfare officer from his Department to help them access supports for training, education and employment. The Minister was quoted as saying in early January: “The best way to deal with this is to deal with lone parents on a case-by-case basis, to examine their individual needs, whether that is child care, issues to do with literacy or education, before getting them into different schemes or part-time work.” There is absolutely nothing wrong with the Mini- ster’s sentiments in that regard but I have grave concerns about the ability to follow through on this. While I appreciate the Minister has said that the conclusions of the Coolock and Kilkenny experiences will not be available until February, with a report subsequently, I ask him to make that report available for public discussion and to Members of this House. In that way, we will be able to determine how the experiences in Kilkenny and Coolock are informing the Minister’s thinking in this area. Assuming that the proposals will be carried out on a national basis, who will be trained to carry out the work? Will it be people already working in the Department or new people and who will provide training for them? Often when people go before an official, for example, a community welfare officer, certain prejudices prevail, sometimes on both sides. It is important that if there is to be real interaction between people and if lone parents are to feel comfortable dealing with these officials and be put on the right path, then proper training must be provided for those who will facilitate this process. In that regard, how many facilitators will be required? The Minister appears to be amused by my last point, but it was a genuine one. How many facilitators will be required to carry out this work across the country? It has been reported that officials in the Department are alarmed at the cost of the lone parents allowance. In that context, I am concerned about the angle from which the Minister is approaching this issue. Reforms must be put in place that assist people rather than put further obstacles in their way. It is also vital that we have a much more co-ordinated Government response, as the current system where each Department effectively goes on its own merry way, attempting to address problems in isolation, often only creates further problems. I welcome the fact that there is a degree of inter-agency involvement on this issue. The Government published a strategy on one-parent families approximately two years ago. However, little change has taken place to date, except for the two pilot projects I mentioned earlier. Who is involved in the implementation group within the Department for these proposals, how often do they meet and, crucially, what cross-departmental communication is taking place? What role, for example, has the Minister of State at the Department of Health and Children, Deputy Brendan Smith? Has the Minister for Social and Family Affairs examined the potential impact on lone parents of the Minister of State, Deputy Smith’s proposals relating to the community child care cre`che area? Under those proposals, which admittedly have been temporarily postponed, lone parents who make the transition, proposed by the Department of Social and Family affairs, from welfare to work will immediately have to pay \30 more for a place in a community child care cre`che by virtue of the fact that they will be moving to the family income supplement, FIS, from the lone parents allowance. They will also have to wait a considerable period of time for their FIS application to be processed, but will not receive the payment they received prior to making that application. Such people will also receive less in terms of their rent supplement. The bureaucracy involved in that process will not make the transition very appealing for lone parents. It will be quite daunting a road to ask them to go down. While I agree that we cannot simply stay as we are, I am concerned that in the context of this legislation, we are talking about making changes in the dark. People involved in the sector

854 Social Welfare and Pensions Bill 2008: 12 February 2008. Second Stage are unsure as to where the Minister is going with his proposals. He said today, and I welcome the clarification, that the National Economic and Social Council has decided not to adopt a definitive position on the flexibility of merging payments. While the NESC might have the luxury of adopting such a position, the same luxury will not be afforded to the Minister. We must adopt positions in this regard. I appreciate the complexity of making changes in social welfare payments and the often unanticipated knock-on effects they can have on other payments. That is why we must see the detail of the Minister’s proposals at an early stage so we can discuss them, examine their potential impact and poverty proof them prior to the budget. The Minister has commented to the effect that he would like to see some of these changes introduced in the next budget but we must have a genuine debate on the proposals long before budget day. Despite the fact that the Government has stated that it wants more lone parents to go back to work, the budget was clearly not welfare-to-work proofed. For example, part-time workers stand to lose \2.40 from their FIS payment. Part-time workers are entitled to claim a reduced level of one-parent family payment as their earned incomes are so low. They will benefit from the increase in this payment, but because the increase in the FIS threshold was lower than the increase in basic social welfare payments, this is clawed back in the FIS means test, with the effect that their FIS payment will be lower than in 2008. In addition, lone parents working part time are also not entitled to claim the back to school clothing and footwear allowance. There- fore, working lone parents will not benefit from the minimal \20 increase in this payment. Working lone parents are often restricted to part-time work because of the high cost of child care and the lack of availability in many areas. However, lone parents who are working part time will gain even less from budget 2008 than one-parent families that are totally reliant on social welfare. For example, a lone parent with a child under six years of age will gain a total of \18.04 from budget 2008, a part-time worker on the national minimum wage will only gain \14.91. Under the provisions of budget 2008, the early child care supplement is to increase by \100, bringing it to \1,100 per annum, which I welcome. This payment was originally introduced to help parents to meet the costs of child care in Ireland. However, because it was linked to child benefit, it became available to people whose children are resident outside the country. At the time of its introduction, the Government was unaware of the implications of the payment being linked to child benefit. There has been considerable Cabinet confusion on the costs of the scheme for children who are not resident in Ireland. I appreciate this occurred prior to the Minister’s appointment, although he was in the Cabinet at the time. In January 2006, the Taoiseach, during Leader’s Questions, said the cost would be \1 million. Ten days later the then Minister for Social and Family Affairs, Deputy Seamus Brennan, said a cost of \2.7 million would be accrued by the end of that year. On April 26, the then Minister of State at the Department of Health and Children, Deputy Brian Lenihan, said the cost would be \10.8 million by the end of the year. However, on May 22, the Minister, Deputy Brennan, said the cost could be up to \4 million and on May 23, the Taoiseach said it would be \9.5 million. The current Minister is probably confused now and so were many others at the time. Accord- ing to the 2007 Estimates, the total cost of the payment for that year, linked with child benefit, was expected to be \406 million. However, in October, the Office of the Minister for Children called for an additional \19 million because it did not anticipate the strong upward trend in population growth for children under the age of six. Given that the supplement was introduced as a child care cost measure designed to meet the costs of caring for children in Ireland, a special provision could have been introduced to ring- fence the money for the cost of child care in Ireland, but this never happened. Fine Gael has

855 Social Welfare and Pensions Bill 2008: 12 February 2008. Second Stage

[Deputy Olwyn Enright.] no difficulty whatsoever with the payment being made to all children under the age of six, of whatever nationality, who are resident in this country and whose parents have to cope with the costs of child care here. We believe that the capital offered through the early child care supplement should be ring-fenced to assist parents in meeting the costs of child care here. How much of the \406 million and \19 million is for children who are not resident in Ireland and need not cope with the costs associated with child care here? In the Minister’s conclusion or on Committee Stage, will he outline for the House what checks are in place to ensure all claims are legal and valid? We are all aware that, every week, 3.5 million hours are worked by 150,000 family carers, yet fewer than one in six of these qualify for the carer’s allowance. The Carers Association estimates that the work of Ireland’s family carers saves the State more than \2.1 billion per annum, but the carer’s allowance has only increased by \14. I welcome the 6 o’clock increase in the respite care grant and the changes in respect of the half-rate carer’s allowance. Most accept that carers provide a service that the State would otherwise need to provide. Fine Gael believes carers should have their means assessed individu- ally. To reflect the fact that it is the carer and not the carer’s partner who provides the care, Fine Gael believes the carer’s partner’s income should be excluded from the means test. Many carers find it difficult to take up part-time employment, as the rules on working and receiving the carer’s allowance are restrictive. Budget 2008 allowed an opportunity for the Government to ease this restriction by raising the working hours limit to 20 hours per week to enable more carers to take up part-time employment. This should be the case where the workplace is close to the residence of the care recipient, the employer confirms that the carer would be permitted to leave the workplace without penalty to assist the care recipient in an emergency and arrangements ensuring the needs of the care recipient are met while the carer is at work are in place. There are 3,000 carers in Ireland aged between 15 and 17 years of age, yet they receive no formal supports to assist them in their caring roles. We have debated this issue previously. Some 7% of these carers provide 43 hours or more of care per week and 81% provide between one and 14 hours of care per week. They undertake a socially vital role at a young age, but this is not recognised by our Government. It is time the Government did something to recognise this group. In the social partnership agreement Towards 2016, the Government promised to develop a national carers’ strategy that would focus on supporting informal and family carers in the community by the end of 2007. Prior to Christmas, the Minister admitted to the House that this was one of those optimistic timescales. Consultations have begun, in respect of which I appreciate the Minister outlined some details, but will he outline to the House the terms of reference for those discussions? The Minister mentioned some of the Departments involved in cross-departmental consultation, but I noticed the Department of Education and Science is not involved. I ask that it be consulted in respect of young carers because some of their education can be affected by the care they give. It would be important to get the Department’s opinions in this regard. It is crucial that the Government enters these consultations with an open mind and that all issues can be placed on the table for discussion. Will the Minister make a public commitment that nothing will be off the table before the process begins? It is of particular importance that the Carers Association, in addition to making a formal written submission, can sit down with the working group to discuss and tease out the issues. As part of this process, we need to ensure that comprehensive services and supports are provided for carers, their health and well-

856 Social Welfare and Pensions Bill 2008: 12 February 2008. Second Stage being is enhanced and supported, there is an adequate and fair system of remuneration of carers, better education and training opportunities, work-life balance policies that support carers and access to up-to-date and accurate information. Regarding the legislation’s general provisions and technical amendments, what is the real purpose of section 6, which provides that a person transferring to illness benefit from invalidity pension will be entitled to a full personal rate of illness benefit where he or she has the required number of contributions in the relevant tax year? Is it to protect persons who become disqualified from receiving invalidity pension or is it to ensure that persons so disqualified cannot easily begin claiming sickness benefit? If the latter, would the Minister agree the explanatory memorandum does not create this impression? I will support sensible control measures but not concealed efforts at achieving control in savings. In my experience and for obvious reasons, people are unlikely to revert willingly to illness benefit from invalidity pension. Has the Mini- ster concerns about illegitimate claims in this regard? If so, what are they and is it a problem that needs to be addressed in greater detail? Sections 7 and 8 have provisions relating to means tests. A root-and-branch overhaul of the application of means tests, rather than the traditional piecemeal approach that seems to avoid stating clearly the underlying principles and objectives, is necessary. For example, does section 7 carry the implication that elderly recipients who do not transfer from the disability allowance will be treated less favourably than those who were receiving the allowance? If this is the case, is there no premium for the people who delayed seeking State assistance until they became 66 years of age? They appear instead to be penalised. Likewise in respect of the blind welfare allowance, which is payable subject to a means test to persons receiving blind pension and certain other benefits. It is not evident why the core blind pension is not simply increased and it is difficult to avoid the opinion that this fragmented approach operates to deter eligible persons claiming. Given the welcome integration of the allowance under direct departmental management, would the Minister agree to consider options for merging the blind pension and the blind welfare allowance to ensure that such persons are not required to make two applications? Will the Minister request his officials to prepare a report on the pros and cons of integrating the domiciliary care allowance seamlessly with existing benefits and allowances to reduce administrative overheads and ensure that vulnerable claimants are not deterred from claiming their full entitlements? I intend to table an amendment on this matter on Committee Stage. Section 5 provides for the implementation of Council Regulation 259/68 to allow officials employed in EC institutions to transfer the actuarial value of their pension rights from the social insurance fund into the pension scheme of the EC institutions, PSEC, and for the transfer of the actuarial value of their pensions from the PSEC to the national system. Currently, a person employed by European Commission institutions is not covered by the protection normally applied to EU citizens under EU Regulation 1. Could the Minster explain why this provision is being prioritised in the legislation? It may be the case that these people comprise the only group to be excluded, but such is unclear in the wording. While I am open to correction following the Minister’s comments, this provision indicates the prioritisation of Ministers and civil servants who progress to the EU over and above those who do not work for EU institutions. The arrangement for calculating the amounts to be taken from the social insurance fund, which is supposed to represent a concept of solidarity with less fortunate workers, should not be left to secondary legislation. It is important that the House sees the proposed mechanism to be applied to amounts transferred from the social insurance fund to the pension scheme of the EC and back again. Will the Minister agree to allow the House to scrutinise regulations

857 Social Welfare and Pensions Bill 2008: 12 February 2008. Second Stage

[Deputy Olwyn Enright.] prior to their adoption, allowing the Oireachtas to annul or modify the regulations in question so we have an opportunity to ensure solidarity concepts underpinning the SIF are not compromised? Will the Minster explain to the House what steps are being taken to prioritise and encourage greater mobility of pensions and pension entitlements within the EU for people who do not work in EC institutions? Section 28 provides for amendments to the Pensions Act in respect of trustee training as a result of the Report of the Pensions Board to the Minister for Social and Family Affairs on Trusteeship. Under the Pensions Act 1990, trustees have the main responsibility for the administration of occupational pension schemes and compliance with the requirements applicable to these schemes. According to the Irish Pensions Board, the central role of trustees is to ensure that occupational pension schemes are properly administered, scheme members’ pension rights are fully safeguarded and they and their dependants receive their pensions. The provision in this Bill places a requirement on employers to arrange trustee training for each trustee within six months of his or her appointment and at least every two years thereafter. I accept that trustee training is beneficial, as it assists trustees to develop the skill set required to perform their duties and functions effectively. Ongoing training ensures that trustees are kept up-to-date with regulatory developments and changes in the pensions landscape. Fine Gael supports this initiative, which will have a positive impact on the governance of pension schemes as well as consequential benefits for pension scheme members. It is vital that trustees possess the appropriate qualifications and experience to assess and advise on investment options and execute the investment decisions in respect of the scheme’s resources. Will the Minister advise the House on how initial and ongoing training will be administered? How much will it cost to introduce this training and will it be done by electronic means? When will employers be expected to comply with trustee training? Will trustees be tested on their training? Anyone can do a course but the issue is what one gets from it. Does the Minister foresee us moving towards a situation where all trustees will be certified? Overall, particularly regarding the pensions provisions of this Bill, a great number of technical amendments are proposed that leave us with a very clear impression that the approach to drafting social welfare legislation has become haphazard. Apart from the fact that much of this House’s time is diverted to debating how best to correct errors and oversights, the constant process of correction makes social welfare legislation more difficult to interpret. If the process cannot be made more accurate and less in need of constant patching, perhaps in future these technical amendments should be in separate Bills so we are not threatened with being blamed for delaying increases in payments when we try to get into the real issues behind these rafts of technical amendments. If we must do the work of the people supposed to draft robust legislation, we should be allowed a little more time to probe the issues. The officials have months and years, we get hours and days and because of this we cannot easily identify why so many technical amendments are needed year in, year out. There is a systemic problem and we need to get an understanding of it or standards will keep falling and this House will be kept busy merely rubber-stamping provisions that really need careful examination; the evidence of this need is in this legislation. These extensive groups of amendments need not be put into a Bill dealing with urgent matters, such as increases in the rates of payment. The changes to the pensions Acts are nearly 18 years overdue, therefore the expectation that they can now be rushed through the Dail needs some explanation. For example, what is the urgency in deleting the provision for on the spot fines on pension scheme administrators? Put another way, this is an example of poor legislation being rushed through and having to be fixed later. If we removed from all the

858 Social Welfare and Pensions Bill 2008: 12 February 2008. Second Stage legislation coming before this House the provisions that aim to fix earlier poor legislation the already poor legislative record of this Government would look even worse. The thickness, rather than the quality, of legislation seems to be regarded as important and this is not a road we should go down. I welcome the fact the Social Welfare and Pensions Bill was fixed, albeit belatedly, but why is the Minister so concerned with dealing with the pensions of a few people working within EU institutions when he has ignored the plight of those, mainly women, who have multiple small pension investments, often due to their efforts at juggling family responsibilities and the need to work to supplement family income? In these cases the different pension schemes impose all kinds of penalties when these women retire and raise impediments to the aggregation of their entitlements to minimise administration costs. This issue must be examined. Recent media reports have exposed the ongoing problem of international cross-border fraud and the scamming of the social welfare system on a significant scale. The Minister will remember when I raised this with him in December with regard to a group of EU nationals that was understood to have been flying to and from Ireland on a monthly basis to collect unemployment benefit. More recently, a document drawn up by the Garda National Immigration Bureau illustrated cases wherein bogus asylum seekers claimed benefits of over \2,000 per month, while simultaneously claiming benefits in the United Kingdom, and then returned to their home countries where, in some cases, the individuals involved conducted personal businesses. It is time to put an end to social welfare fraud, whether national or international, so payments are dedicated to those who genuinely need them. What further steps does the Minister intend to take to combat international cross-border welfare fraud? Does he intend to assign additional social welfare inspectors to the Garda National Immigration Bureau to assist in the investigation of social welfare fraud and breaches of the immigration Acts? What consultation has he had with the Minister for Justice, Equality and Law Reform in this regard?

Deputy Ro´ isı´n Shortall: I welcome this Bill and its provisions, which will not be opposed by the Labour Party. However, the Bill is more remarkable for its omissions than its provisions. The three major areas in social welfare relate to pensions, lone parents and carers and, with these in mind, I feel this Bill represents a missed opportunity because no attempt has been made to seek progress on these big ticket issues. Progress could have been made in the areas on which there is agreement at the moment but the opportunity this Bill presented to address such matters was not taken. Instead the Minister has taken the big bang approach, which is fine if he is prepared to stick to timescales and so on but already there has been a fair amount of slippage in these areas. Meanwhile people are living in unfair situations regarding social welfare. This Bill could have seen progress made in the three areas I mentioned and it is unfortunate this is to be delayed, yet again. It has already been mentioned that considerable slippage has occurred regarding the carers’ strategy and this Bill could have addressed many of the deficiencies in the current support system for carers, particularly those working long hours, both outside and inside the home. The Bill has failed in this regard and carers seeking support from the State for their important work must await the big strategy. I urge the Minister not to lose any more time in this regard and set out a clear timescale for the production of the strategy and implementation of its recommendations. This Bill could have addressed many of the anomalies that relate to pension entitlements, particularly for women and retired people with integrated pensions. Again, these people must wait yet another year for assistance with the predicaments in which they find themselves. Pro- gress could have been made in this regard.

859 Social Welfare and Pensions Bill 2008: 12 February 2008. Second Stage

[Deputy Ro´ isı´n Shortall.]

I have welcomed the process the Minister has set out regarding the Green Paper on pension provision but, again, I urge him to give a clear timescale in this respect. I ask him to confirm for us that it is his intention to have the pension changes agreed and provided for in the budget at the end of this year. It is important that we do this because many outstanding pension issues urgently need to be addressed. Retired people cannot afford to wait any longer for these improvements and I would welcome the Minister’s assurance in this matter. I am disappointed that no steps have been taken to improve the situation facing lone parents. It is almost two years since proposals supporting lone parents were first announced yet many people are living in situations that are anomalous with regard to those proposals. Problems in this area have been identified for some time and one of the principal issues relates to cohabitation. The Minister previously indicated his support for reform in this area but families are now in situations that are intolerable with regard to official policy. This Bill could have tackled the issue of cohabitation and the rules relating to it. I ask the Minister to give an indication of the timescale relating to this major issue. Will drastic and necessary reform in this area be introduced by the middle of this year? I wish to speak on the matter of welfare to work and I am not sure there is a will to tackle it, though references have been made to it in replies to oral questions. I have yet to see a strong commitment to put in place a robust system that would enable large numbers of people to move from welfare to work. This Bill does nothing in this regard. Every Deputy can relate umpteen cases of constituents who are better off remaining on welfare than taking a job. After a decade of unparalleled opportunity for reform it is unacceptable that this should still persist. Successive Governments led by the Taoiseach, Deputy Bertie Ahern, were so obsessed with money that they completely neglected many critical social services that could assist people in making the important transfer from welfare to work. I will cite two cases which came to my attention in recent months and which illustrate very well the points I am making. The first case relates to a constituent of mine and the second to a constituent of Deputy Stagg’s. They high- light two problems, one of which is the incredible plight of people who literally cannot afford to go out to work. This situation should have been ended as it is utterly indefensible. Those anomalies should have been addressed by now. The second case to which I refer illustrates the way the current system divides families because of the way in which cohabiting couples are treated. I refer to the first case involving a constituent of mine. She stated in a letter to me:

I am a mother of 3, currently receiving lone parents. Before my breakup, I was a full time employee, working at the highest level of my experience. For the last 3 years, due to my circumstances, I have been unable to work. My youngest child is starting school this September so I decided to take the opportunity to try to get back into the workforce. The only entitlements that I have been receiving are my one parent family, rental income supplement and have received medical cards for myself and my children. I receive maintenance from my ex partner, which is declared and my entitlements have been means tested and the necessary deductions made. I recently was successful in receiving a CE Scheme through FA´ S to work locally. I took up this employment towards the end of June this year. Naturally I am earning a wage, but I took up the employment with the understanding from FA´ S that CE Schemes were structured as a path to reintroduce people back to the work force, while enabling them to keep any entitlements they were receiving. Unfortunately, this has not been the case.

860 Social Welfare and Pensions Bill 2008: 12 February 2008. Second Stage

My one parent family has now been reduced by \92.50 per week, and my rental income supplement has been slashed and they are now only providing me with \276.00 a month towards my rent (my rent is \1,200.00 per month — before I took up employment they paid \837.00 per month towards my rent). As it stands, when I add up all the deductions, and factoring in that I now have to pay for childcare while I work, I would actually be \84.05 per week better off if I wasn’t working!!

This is an intolerable situation. The Minister can pay all the lip service he likes to the desire to ensure that people can move from welfare to work but every Member of this House continues to hear of real-life cases like this. When people do the sums they discover they are far worse off by going out to work than by staying at home. It is clear there is no incentive. The Minister and the Department needs to ensure such situations no longer continue to obtain. The second case is from real life and illustrates some of the inherent problems with the way in which the social welfare system works. This is an e-mail received by Deputy Stagg:

I am an unmarried mother of one. I am currently living with my partner who is a stay at home father. I wish to query the governments treatment of unmarried parents in this day and age. My boyfriend applied for social welfare payment a few years ago before our daughter was born. He was told that due to the fact that he did not have enough contributions the welfare payment he was entitled to would be calculated on a means basis. He provided all relevant details to the official. He was told that because he was living with me and I was working, my income would have to be taken into account when assessing his means. At the end of this process he was told that he was entitled to a measly \20 a week. It is shocking that anyone would be expected to live on this amount. Under the taxation rules I am not entitled to use any of his tax credits as we are not married. In addition to this I am not entitled to claim single parent credits as we are living together. I feel that it is very unfair that we are treated effectively like a married couple for social welfare purposes and as single people for taxation purposes but not single when it comes to claiming single parent credit. If we did not live together he would be entitled to a far greater social welfare amount and be able to claim the single parent welfare payment and I would be legally entitled to the single parent tax credit. Is the current government trying to encourage unmarried parents to live in separate houses? This is what it appears to be. Surely it is to the best advantage of all society that the parents of these kids live together and raise their child together.

It is very difficult to argue with any of the points made in either of those letters. All the points stand up. It is indefensible to have a welfare system that penalises lone parents who decide to go out to work and penalises cohabiting couples for living together and rearing their children. The incentives seem to be there, both in terms of welfare and taxation, for such parents to live apart. In my view this is bad public policy. It is bad for families and for children. The Govern- ment’s welfare and tax systems should not encourage this. It is long past time that those significant anomalies were dealt with. We all know of such cases and we all feel helpless when they arise. If Members are aware of dozens of them, the Department has hundreds, if not thousands of them. If that is the case, why has so little happened to correct the problem? Either it is a question of the absence of political will or the of internal procedures to focus the attention of senior officials and Ministers on eradicating the problem.

861 Social Welfare and Pensions Bill 2008: 12 February 2008. Second Stage

[Deputy Ro´ isı´n Shortall.]

In 1993 and 1994 I was a member of the Joint Committee on Social and Family Affairs which commissioned a study carried out by Colm Rapple. This showed very clearly that couples who chose either to live together or get married stood to lose approximately 30% of their income if they did so. The report received a lot of publicity at the time and this finding was made quite clear. The sums were done and the figures were spelled out. I was contacted by departmental officials to go through the report in detail. There is no question of people not being aware of this serious problem but I do not know why nothing has been done. Meanwhile, many Members have lots of constituents in this situation. I frequently deal with such people in my clinics. I do the sums for them and the only conclusion they can come to is that they would be crazy to live together or even to get married. The Minister needs to do something about such a policy. Rent supplement has long been one of the key barriers to taking up employment. Despite some improvements once a single person earns in excess of \223.30 per week, net of certain deductions, the State begins to withdraw rental support. The sum of \223.30 is well below the minimum wage for a full-time worker. Once that person exceeds \423.30 per week, his or her rent support is withdrawn entirely. The rental accommodation scheme, whereby those dependent on rent supplement for 18 months or longer are transferred to a differential rent scheme under the control of their local authority, is fine in its concept and is a very good scheme. However, the difficulty arises with regard to supply. Whoever was involved in setting up this scheme completely underestimated the demand. We are still waiting for the accommodation units to be delivered. Already 1,200 people are on Dublin City Council’s waiting list for RAS tenancies, with the possibility that another 5,500 people could be eligible to join them. Meanwhile, one third of rent supplement recipients have a claim of more than 18 months’ duration. Many people come to our clinics, such as the woman whose letter I read, who are trying to get on their feet and into a job so as to be as independent as possible. If they are in the private rented sector, however, it is virtually impossible for them to get out of this trap. This poverty trap was recognised when the RAS scheme was established. It is not much use to people without an adequate supply of accommodation. The waiting lists are a joke and it is only tokenism unless the availability of an adequate number of units is ensured or at least an interim measure is taken. This Bill could have facilitated the transfer of all rent supplement claimants on a RAS waiting list to a differential rent scheme pending their transfer. This is one concrete step that could have been taken. They could have been shifted until sufficient accommodation comes on stream. The fact that the Bill does not do so represents another lost opportunity. The activation measures to make the move from welfare to work which the Minister proposes or claims are already in place are tokenistic. The role FA´ S plays in this area leaves a great deal to be desired. We have no sense of urgency about this or that FA´ S will get involved with the Department and source training or employment places for people who are determined to come off welfare. Mickey Mouse part-time jobs which pay minimum wage are pointless. People need decent career prospects. Initially, they need good quality training and we have a major shortage of training places. They also need support to move from welfare to training to the workplace and these supports are not in place at present, whether for people looking to come off unemployment assistance or lone parent’s allowance. One can speak about the theory but in practice the services are not available and they must be put in place.

862 Social Welfare and Pensions Bill 2008: 12 February 2008. Second Stage

I concur with the points made on the new proposals for child care costs. They will have a negative impact and the amendments made by the Minister after the outcry will not tackle the nub of the problem. The poverty trap will kick in at some level of income with regard to subsidies for child care costs. We must face the fact that we need to provide State-funded child care. It has long been the policy of the Labour Party that every child of three and four years of age is entitled to a free pre-school service for one year. If this were available it would greatly facilitate people in returning to work, as would access to full day care for children. It is also desirable in itself from the child’s point of view. Many parents come to informal arrangements such as a grandparent picking up a child from pre-school at 12 p.m. or 1 p.m. and looking after the child for the remainder of the day. If a pre-school service is not available it may be too much for grandparents. I am extremely concerned about what is proposed by the Minister of State, Deputy Brendan Smith. The amendments do not go far enough. Why is it not possible to consolidate the Social Welfare Bill each year? Has a cost benefit analysis ever been done to see whether this would save money? It would certainly save time and effort. This Bill has several pages of technical amendments, small tidying up and comma corrections. This is a feature of the Bill most years. Would it be more efficient to completely update the Bill each year rather than have departmental staff sifting through half a dozen Acts at a time? Will the Minister consider this and respond? A welcome provision in the Bill is placing on a statutory footing schemes previously administered by the HSE, namely, blind welfare allowance, domiciliary care allowance and supplementary welfare allowance. I trust the provisions will in time augment entitlements for recipients. It is hoped the provisions will allow the same amount of flexibility for community welfare officers while improving the procedures for appeals and redress. I had hoped such changes would have lead to greater clarity of the circumstances under which children may qualify for domiciliary care allowance as decisions appear to be quite arbitrary at times. The definition used in the Bill does not appear to address this issue. A qualified child is one who inter alia requires “care and attention substantially in excess of the care and attention normally required by a child of the same age”. What exactly constitutes such a child? We need far greater clarity with regard to this definition. In my experience, this definition has proved problematic for parents and decision-makers alike. I suspect that with many other payments which rely on medical certification, a high percentage of these claims will end up at the appeals office. What training has been provided for officers to ensure a consistent approach is taken to decision-making? Perhaps the Minister will enlighten us in his reply. I would appreciate the Minister’s advice on why he has not taken the opportunity to set the definition of a child at under 18 years instead of under 16 years in section 186C of the Bill. Perhaps the reasoning relates to transferring the child on to another welfare payment at that age. Will the Minister clarify that for us? I also seek clarification on a number of other provisions. Section 21 changes provisions relating to habitual residence for carer’s allowance applicants by inserting 186A(2) into section 246(3) of the principal Act. Is it the case that until the passing of the Bill the habitual residence condition cannot be applied to carer’s allowance applicants? If so, will the Minister indicate how many people are affected and whether decisions have been overturned? At a recent meeting of the Joint Committee on Social and Family Affairs, FLAC highlighted the case of a person who claimed carer’s allowance but was refused on the basis of the habitual residency condition. I am interested in the Minister’s response.

863 Social Welfare and Pensions Bill 2008: 12 February 2008. Second Stage

[Deputy Ro´ isı´n Shortall.]

The habitual residency condition is being used to deny Irish citizens entitlement to claims for welfare payments. That is extraordinary. The departmental officials told us the legal advice they received was that if it were changed for Irish citizens it would have to be changed for all EU citizens. I find this extremely difficult to accept because I am not aware the EU has competence in respect of social security payments. I do not see how it could be the case that the Irish State can be precluded from making welfare payments to its citizens, particularly in cases——

Deputy Martin Cullen: It is not.

Deputy Ro´ isı´n Shortall: This was the advice we were told the Department received.I would have expected an Irish citizen who returns from the US or England to care for an elderly parent for just a few years to be able to claim carer’s allowance. The habitual residence condition is being applied to these individuals because the argument is that if an entitlement were given to Irish citizens it would have to be given to all EU citizens. I find this difficult to accept and have asked for a note on the legal advice provided for the Department of Social and Family Affairs. Will the Minister kindly remind his officials to provide that note for us? Section 25(a) changes provisions relating to a person residing with a claimant who is not the qualified adult. This appears to represent a positive move to ease the means test for the claimant but I would appreciate clarity from the Minister on this. Is the Minister aware of the financial contributions scheme? While not used much outside the Dublin area, it is used to very good effect in Dublin, particularly by Dublin City Council. An elderly couple on a small pension, living in local authority housing which they had purchased may need to renovate the house with a downstairs bathroom or bedroom, but existing grants or their income may not allow them to fully upgrade the house. The scheme involves the local authority buying back the house from the couple and making a contribution to them, obtaining a modern, good quality senior citizens’ apartment. For the couple, they can move from their house, which they may not have been able to maintain, to new accommodation with excellent facilities. They also end up with a nice nest egg as they are allowed to keep the bulk of the proceeds of the sale. In return the local authority gets back family houses which it can do up to let. Everyone is a winner. The scheme is a success and popular in areas such as Finglas. I recommend it to those Members whose local authorities may not operate it. However, the one difficulty with the scheme is that the Department of Social and Family Affairs cannot deal with those involved when it comes to means-tested allowances such as fuel allowance, and the HSE is not much better. Entitlement to a medical card or a nursing home subvention can be affected. Going by the book — the Social Welfare Act of the day — people involved in the scheme lose out on benefits. Many of those involved are in their 70s, 80s and 90s, an age when their benefits must be protected. Such a scheme has many benefits and can do away with the need for someone to go into a nursing home. Greater flexibility must be shown by the Department in dealing with such cases and in the approach to providing services for older people. The person’s requirements must be seen in their totality and not through a blinkered, departmental and demarcated approach. When I raised this with departmental officials, they either did not know of the scheme or, when I explained the circumstances, they claimed that as it was a means-tested payment there was nothing they could do. A more creative approach than that is needed.

864 Social Welfare and Pensions Bill 2008: 12 February 2008. Second Stage

I will table several amendments on Committee Stage to deal with the issues I have raised. I also propose to make it compulsory that every case where a deciding officer or job facilitator identifies a person whose financial circumstances would be better on welfare than in work should be reported to a principal officer, at least, in the Department. Some issues crop up on the ground and come to the attention of public representatives or deciding officers in local offices. A reporting mechanism should be in place to deal with such issues. Cases where officials find people who are clearly better off on welfare than in work should be reported to a policy unit.

Deputy Michael Moynihan: Public representatives on all sides of the House are familiar with the social welfare system and the impact social welfare provisions have on the less well-off in society. Certain anomalies will always crop up. In recent years the Government has addressed some of these anomalies in social welfare payments I compliment the Minister for Social and Family Affairs, Deputy Cullen, and his officials on the provisions in the Social Welfare and Pensions Bill 2008 and the welcome increases in payments. I wish to raise several issues, both positive and negative, the first being the carer’s allowance and the carers strategy. Many of those caring for elderly relatives or children with intellectual or physical disabilities have formed groups of carers’ networks. These provide fantastic support for those providing care in their own homes. Some 15 years ago the whole notion of a social welfare payment called the carer’s allowance would never have been considered. I am glad there has been an improvement in the understanding of this area. I welcome the Government’s commitment to the national carers strategy. I meet regularly with the representatives from the Duhallow Carers Network who outline the anomalies that crop up in the system from time to time. When thinking about carer’s allowance, we often just consider those caring for elderly relatives. Many of the network groups are attempting to expand to include all those providing care and assistance in their own homes. I hope this will be linked to the national carers strategy. During the term of the last Government the telephone allowance, which provided credit for mobile phones, was introduced. However, if a person with a disability lives in a house with a landline for which telephone allowance is claimed, he or she cannot obtain an allowance for mobile phone credit. The Minister should consider changing this provision. It would not be a great cost to the Exchequer but would be of advantage to those on invalidity pension and particularly those receiving disability benefit. I hope the Minister will take this into account. The previous speaker mentioned the habitual residency clause but in a different context. I have mentioned several times the plight of Irish citizens who have dedicated their lives to foreign missions and religious orders around the world, some of whom have spent 40 years or more in places such as Brazil, the Philippines and Africa, who, when they come back to Ireland to retire in their twilight years and in fading health find they must be resident in Ireland for two years before they qualify for a pension due to the habitual residency clause. It is important that this is dealt with. These people have, in the words of President Mary McAleese, been ambassadors for Ireland across the world and have done excellent work. I speak of this in a personal capacity also as I have an uncle who has spent 45 years in Brazil working with the Redemptorists. Thus, I know first hand the difficulties faced by those who come back in failing health and must rely on their houses or their orders to survive. The Minister should consider changing the provision for those in this category. I compliment the officials of the Department on the professional manner in which they conduct appeal hearings on social welfare and pensions, which we all attend on behalf of constituents. One might think appeal hearings are just another element of the work of the

865 Social Welfare and Pensions Bill 2008: 12 February 2008. Second Stage

[Deputy Michael Moynihan.] Department in making a judgment on a previous departmental decision, but the hearings are fair and independent and if there is a case to be made based on regulation or legislation it can be put to the Department. Some of my constituents worry about these appeals, but I compliment the officials on the way in which they deal with them. I wish to address a few other issues in this Bill. The domiciliary care allowance, whose administration is being transferred to the Department of Social and Family Affairs, has always been paid by health boards or the HSE. Its transfer is welcome as it streamlines the system. For other allowances, such as the blind welfare allowance, the HSE is now working almost in parallel with the Department of Social and Family Affairs. This is to be welcomed. Many people have benefited from the domiciliary care allowance and the scope of the scheme is excellent. The only problem is that of children who reach the age of 16 and switch to the disability allowance and, because of their disabilities or medical conditions, will have to stay on it for life. The invalidity pension is based on contributions — although the word stamps is still universally used — but the Minister might consider instituting a permanent disability allowance similar to the invalidity pension to prevent anxiety among recipients that it may not be paid because of some particular circumstances. The budget provision for the respite care grant is to be welcomed. This grant is provided in cases in which a person is providing full-time care and assistance for another person. Some people who do not qualify for carer’s allowance may qualify for the respite care grant. This payment eases a huge financial burden for many people and is to be welcomed. It is a great initiative and I welcome the Minister’s decision to increase the grant. Long may it continue to increase because it is of great benefit. There is also an issue with entitlement to disability allowance due to the fact that the disregard is currently higher than the State contributory pension. I am glad the Minister has included a provision in section 7 that this will not affect the State pension because some people are concerned that it may affect them by the time they reach the age of entitlement to the State pension at 66. There are numerous provisions in the Bill that are to be welcomed as they are helping to alleviate poverty throughout society. Deputies on all sides of the House know well that the smallest changes in the social welfare system can have a major positive effect on those who are less well-off or at the margins of society. I wish to return to the decision of the Government to develop the national carers strategy. As public representatives, we should be taking the lead on this and encouraging the various carers’ networks. Leader groups and partnership groups throughout the country have been working to set up these networks. We should work to disseminate information 7 o’clock on this. While I welcome the existence of carers’ networks, which are doing excellent work in getting people involved and providing emotional and financial support, there are many people who are not tied into a network or group but access information through their local politicians’ clinics, which are of major benefit. The Government and public representatives must try to get more people involved. There are many positive things we can do and I know the Minister will be only too delighted to take these on board so we can facilitate this. Responsibility for the carers strategy is shared with the Department of the Taoiseach. Officials of the Department of Finance, together with the Departments of Enterprise, Trade and Employment and Health and Children, as well as the HSE and FA´ S, are also involved. As we develop the strategy, it is important that we take into consideration the issues affecting people. This is an opportunity to focus on carers in the community. The home care packages

866 Special Educational Needs: 12 February 2008. Motion and other initiatives by the Minister for Health and Children have developed great impetus, but we need to build further on the improvements that have taken place since the carer’s allowance was introduced 15 or 16 years ago. It is important that we drive this process. We must also make sure we obtain the best possible information for the people on the ground who are providing care. As has been stated in the House many times, these people are unsung heroes. In addition, we should ensure that those who provide and avail of services for people with intellectual and physical disabilities are included in the strategy. There are many other issues of interest, including the State pension and the section of the budget dealing with homemakers. There are a number of issues that have developed over the years since the introduction of the provision concerning PRSI and the self-employed.

Debate adjourned.

Private Members’ Business.

————

Special Educational Needs: Motion. Deputy Brian Hayes: I move:

“That Da´il E´ ireann:

— accepting that the current system of assessment for children with autism is inadequate;

— noting the co-author of the report of the Government taskforce on autism has suggested the Department of Education and Science policy on education for autistic children is misguided;

— considering that the lack of a suitable appeals process leaves parents with no option other than to pursue education services for their children through the courts;

— acknowledging the Government’s delay in implementing the Education for Persons with Special Educational Needs Act 2004 — EPSEN — to provide appropriate education services for children with special needs;

— noting the Government’s refusal to change its policy to consider funding for new applied behavioural analysis, ABA, centres despite a clear demand for ABA services countrywide; and

— considering the Government’s failure to improve co-ordination between education and health services in supporting children with special needs despite promises in the programme for Government 2007 to do so;

calls on the Government to:

— lay any evidence before the House which supports the suggestion that the current system of education provision for autistic children is suitable for all children, even those with moderate to severe autism who have been recommended one-to-one attention;

— make specific education services available to autistic children where it has been recommended by psychologists, without delay;

867 Special Educational Needs: 12 February 2008. Motion

[Deputy Brian Hayes.]

— introduce the outstanding provisions of the EPSEN Act 2004 according to the NCSE’s proposed timescale for implementation;

— commit to funding the existing 12 ABA centres in their current format;

— expand the current ABA pilot scheme of 12 centres to accommodate other projects of a similar nature where they are needed;

— recognise the qualifications of psychologists currently working in ABA centres;

— honour its programme for Government commitment and institute an appeals system without further delay;

— ensure speech and language therapy and behavioural therapy is made available to all schools with autistic children in attendance; and

— immediately move to enhance co-operation between the Department of Education and Science and the Department of Health and Children to ensure children with special needs receive adequate support in all aspects of their lives from an early age.

I wish to share my time with Deputies Sea´n Barrett, Ulick Burke, John O’Mahony and James Reilly.

An Leas-Cheann Comhairle: In that order?

Deputy Brian Hayes: Yes. One of the great joys of being a parent is the moment one’s child goes to school. Finally, one’s five-year-old can take his or her first steps into the unknown where new things are learned and new friends are made. It is a moment of great independence in the life of a child and one of great joy in the life of parents. It is marked out by excitement when every day one’s child comes home with something new and different to tell one. That wonderful experience, thankfully, is the case for the vast majority of parents in this country where young children take their place in an education system that is modern, caring and, in the main, well-resourced. What about those children who are not so fortunate? What support do we offer them and their parents? It is not an exaggeration to say that the range of supports offered to children with special educational needs in this country is nothing short of scandalous. Despite new legislation, many commitments, new funding and promises of better co-ordination between Departments, we are still a long way short of what needs to be provided. By far the most important thing we need is a new approach by the Minister for Education and Science, Deputy Hanafin. It is not too late for the Minister to start listening and stop hectoring parents on this issue. It is not too late for the Minister to show the kind of flexibility and imagination that her predecessors, the Ministers, Deputy Noel Dempsey and Deputy Michea´l Martin, showed during their time in Marlborough Street. I know that Fianna Fa´il backbenchers are sick of the “it’s my way or no way” attitude that the current Minister for Education and Science deploys when dealing with this issue and so many other aspects of education. Those same backbenchers will have a chance to have their voices heard tonight and tomorrow night. I want this debate to focus on the needs of parents with autistic children. Nobody is suggesting that the applied behavioural analysis, ABA, model is the only model for children with autism. ABA is one of a number of educational approaches used for children with autism. It

868 Special Educational Needs: 12 February 2008. Motion has proven to be an extraordinarily effective method for many autistic children, with many eventually moving on to mainstream schooling. The autism-specific classes the Minister is now establishing may well provide the kind of educational environment for children with a range of special needs. Nobody is suggesting otherwise but what about those children who have been assessed as needing a more intensive one- to-one approach away from the mainstream schooling? That is currently not on offer by the Minister or her Department. She is implacably opposed to a more flexible arrangement whereby those ABA schools which are currently outside the existing pilot schools would be recognised formally within the education sector. Parents want the best for their children. The parents of autistic children have to fight every step of the way to obtain justice for their children. Despite the bullying and tut-tutting by the Minister and her Department, parents rightly demand the most suitable and effective model of education that meets their children’s needs. A child currently attending an ABA school spends on average six and a half hours a day within that school. This compares to the four and a half daily hours of attendance in an autism- specific class. ABA schools operate on average 230 days a year compared to the 183 days in the context of the model proposed by the Minister. The ABA system is based on one tutor to each child, while the Minister offers one teacher and two special needs assistants to six children in her preferred model. If I was the parent of a child with autism and saw remarkable changes in my child as a result of ABA tuition, I would have no hesitation in demanding that my child remained within that system because that is the best system to meet his or her specific needs. The Minister needs to answer a number of questions in the context of this debate. How many teachers currently involved in teaching ABA and other methods in mainstream schools are trained to the appropriate level? How many teachers have received any training in ABA? Is it true that only a handful of teachers have received one 60-hour training session in order to equip them with the necessary skills to teach autistic children? What training does an special needs assistant have to deal with an autistic child? The current system of assessment for children with autism is completely inadequate. It is estimated that the waiting list is somewhere between 18 months and two years. Given that all the scientific evidence points to the fact that early intervention is vital in terms of helping an autistic child reach his or her full potential, many children are missing out on treatment and tuition in their early stages of life and are at a disadvantage from beginning. The Department has provided ABA funding for 12 centres that have been up and running for several years but has refused to extend it to 12 other applicant schools, including three existing ABA schools which are funded independently by parents pooling together their home tuition allowance and making extraordinary commitments to fund raise on an annual basis as a means of demanding proper education for their children. I have seen one of those schools. The Minister should put on the record of the House how many ABA schools she has visited since she became Minister for Education and Science. We see plenty of photographs of smiling, happy children in the mainstream setting with the Minister, but how many ABA schools has she visited since she became Minister? If she had visited those schools, she would have seen an extraordinary commitment on the part of parents. Some schools raise \250,000 per year as a means of helping those children get the educational support they need. The existing 12 ABA pilot schools currently funded by the Government have been in negotiations with the Department since the election. The Department is seeking to have their staff, many of whom are trained psychologists, have Master’s degrees in ABA and otherwise, com-

869 Special Educational Needs: 12 February 2008. Motion

[Deputy Brian Hayes.] plete the Hibernia College course for primary school teachers and will not recognise them as teachers unless they have completed the honours Irish examination. This is despite the fact that any child who is autistic and enters mainstream education is automatically exempt from studying Irish. If ever there was an example of a systems failure and an inability to fit different modes and methods within the formalised education structure, this is it. It is estimated that, including the children currently attending the three ABA applicant schools that are already up and running, there are at least 400 children waiting for ABA tuition. The Department suggests that the reason it does not favour ABA centres for pupils with autism is not related to resources. It suggests that each child with autism is unique and, therefore, should have access to a range of different interventions to meet their individual needs within a mainstream setting. Parents would be delighted to send their autistic children to a mainstream school with adequate supports if that is what their child has been prescribed. However, the reality is that there are many parents who receive official assessments from psychologists recommending that their child is in need of ABA tuition and there are few suitable services available. While some children will thrive in the model put forward by the Minister, there are a certain number who will regress as a result of this kind of tuition. I agree with the Minister’s suggestion that every child is unique. That is why not all children are suited to a combination of methods. Some children need ABA for a certain period and that is the system that has worked so well for so many children. The Government taskforce on autism completed a report in 2001, which outlined a number of recommendations, including specific recommendations relating to the roles, responsibilities and rights of parents, and in particular, ensuring that “parents have primacy in the decision making process as soon as their child has been identified as having particular educational needs”. They must be entitled to make an informed choice on the educational placement of their child. That is the key issue. The main emphasis placed by the task force was giving parents the right, in consultation with the Department, to make that choice for their child. The current system takes that choice away from many parents by demanding a system and a form that the Department has applied, which does not have the support of all the parents concerned. The co-author of this report, Dr. Rita Honan, has suggested that the Minister’s policy on education for autistic children is misguided. She said that research for the past 40 years shows that up to half of the children who engage in ABA as their primary method of pre-school intervention go on to mainstream education without any additional supports. The Education for Persons with Special Educational Needs Act 2004 was introduced as a means of putting the provision of education for persons with special educational needs on a new footing. The National Council for Special Education produced an implementation report following this Act which included a detailed proposed timeline for the implementation of the various sections of the Act. The Minister recently suggested that she will not strictly adhere to the council’s recommendations as further work and analysis and further discussion with the partners is required. There is no means of appeal for parents other than pursuing their child’s right to educational services through the courts. Cian and Yvonne O´ Cuanacha´in, who I welcome to the House tonight, took a 68-day action in the High Court to oblige the State to provide applied behavioural analysis for their son, Sea´n. The action was regarded as a test case for autistic children seeking ABA education. Once again, the Department of Education and Science pre- fers to wrestle parents through the courts who are seeking justice for their children. It is a David and Goliath contest in which the vast resources of the State are pitted against parents

870 Special Educational Needs: 12 February 2008. Motion who know what works for their children and what is in their best interests. How many other O´ Cuanachaín type cases must we see go through the courts before the Minister comes to her senses? I want a guarantee from the Minister this evening that any third party costs arising from the case in which the O´ Cuanachaíns were held liable will be met in full by the State. As I said to her in an Adjournment debate two weeks ago, on which she did not reply to the substance of the issue I raised, I want a guarantee that if the O´ Cuanachaíns are lumbered with third party costs, the State will pay that amount. The Minister recently stated that the special education appeals board was appointed in April 2007. She stated also that the board is working to ensure that appropriate structures and processes are put in place once the relevant sections of the Education for Persons with Special Educational Needs Act have come into being. We do not have an appeals system in place. We will not have an appeals system until 2009 and none of the Minister’s propaganda to date can indicate otherwise. I have received many e-mails from parents in the past few days but one e-mail outlines the exact position. I want to put it on the record to ensure we can understand what these parents are going through. It states:

Our son who will be 5 in April has Down Syndrome and was diagnosed as being on the autistic spectrum in December 2007. He has no communication skills, he can’t dress himself ....Hecanfeed himself with some assistance. He doesn’t follow any instructions and going for a walk is a challenge because he doesn’t understand the concept of danger. His psychologist has recommended one on one intervention using a behavioural approach but the Department of Education cannot meet this requirement. Instead they are trying to persuade us to send him to an autism unit attached to a special school . . . . He does not function well in group settings . . . . The minister ... said on the News at One on 30 January that all children’s needs are being met locally and that the DES is setting up special classes in local schools ... There are no autism units [where we live]. The only state funded ABA school [in our area] has a waiting list of 42.

The final paragraph states:

We are tired of fighting for an appropriate education for our son. The stress has affected us as parents and our other children. We need proper help.

Deputy Sea´n Barrett: Since I was first elected to this House 27 years ago I have been fighting for the rights of children with special needs on a constant basis. Parents of these children face a constant struggle, which is inexcusable. Anybody who has met these parents understands the trauma and anxiety they suffer on a daily basis and they are shoved, so to speak, from one Department to another. Let us be frank about this issue. There are two Departments responsible for this area, namely, the Department of Education and Science and the Department of Health and Children. Both Departments bear most of the responsibility for the lack of provision of special education services and speech and language therapy for these children. I recently became aware of a child who waited 12 months to be assessed for speech therapy and was then put on a waiting list. The parents were told it would be another 12 months before they got the treatment. Instead of the age old practice of shoving parents from one Department to the other, there should

871 Special Educational Needs: 12 February 2008. Motion

[Deputy Sea´n Barrett.] be a co-ordinated effort to recognise and provide an appropriate response both in education and health. If a parent has a totally frustrated young child or young man, how can they expect to have a wholesome young adult? A government or a society will be judged on the extent to which it caters for the most vulnerable in our society. In the past ten years, with the so-called Celtic tiger, the Government had a golden opportunity to adopt world best practices and to make a real impact on autism and various other sensory disabilities. The levels of some services for autism are only at the pilot stage and were it not for the furore by parents, they would remain at the lower end of the Government’s spectrum as a priority. What must be borne in mind is that autism covers a wide spectrum from mild to severe and a structured approach to the condition is vital. That must, of necessity, be a multi-disciplinary team approach involving the relevant Departments, Education and Science and Health and Children, and the parents in providing a genuine rehabilitation and educational programme. Such a team approach is not a new idea. It is quite common in business and corporations and it will depend on the willingness of the two Departments involved. What does a multi-disciplinary team approach involve? Depending on the degree of severity, it will involve speech and language therapy, occupational therapy and behavioural therapy in addition to regular teaching. Depending on the severity of the condition, the object of the exercise should be to enable the child to benefit from normal mainstream education. Expec- tations should be pitched as high as possible consistent with the child’s ability but it is vital that there is intervention at the earliest possible stage. It is not good enough to settle for a child coming out of school at 18 without having experienced any second level education. It is downright immoral. How many children have we come across who were dumped, so to speak, after primary school? Parents are left in a frustrating situation. They do not know where to turn. Those young children approaching teenage years are left without proper facilities, yet the wrangling between the Departments of Education and Science and Health and Children continues. Ministers should get off their butts and do something about this issue. It is simply a question of combining the efforts of both Departments, forgetting about the rights and wrongs in each Department and making certain that services that are appropriate to their needs are delivered to the children who need them. How can we talk about a children’s rights referendum when we cannot even guarantee young children a proper and fulfilling education? All we get in many cases is lip service. Money is being thrown at particular special educational needs programmes without proper evaluation of their implementation. We should think of children’s individual needs. In this regard an autism review and audit is urgently needed to ascertain the effectiveness of the current provision and how the money is being spent. A national autism strategy, similar to that in the UK, the USA and Canada, is essential in Ireland, where there is so much misunderstanding of the nature of autism and how it has an impact on an individual and a family. Such a strategy would need to be well funded and researched and to have the ability to change our current strategy for the better. That is the approach I urge. This is not a matter for party politics, this concerns young children who should have rights conferred upon them. Ireland is not a poor country. It is time people put their heads together to make certain these children have a proper opportunity and a decent education.

Deputy Ulick Burke: I second the motion, which is timely in the aftermath of the High Court case the Minister attempted to defend, bringing the parents of an autistic child through the

872 Special Educational Needs: 12 February 2008. Motion courts to justify her single-minded attitude towards the provision of education for children with autism. The Department’s policy on provision of services for autistic children is to integrate children to the mainstream education, providing autistic classes in the mainstream setting. While this approach works for a number of children, others are not ready for the mainstream setting and are specifically recommended by psychologists for applied behavioural analysis. This form of tuition gives a child the opportunity to learn how to learn. It is important the Minister for Education and Science accepts the scientific background of this method and its proven record of success. Many parents maintain that, with proper early intervention, many children can have a chance of escaping the most severe effects of their condition. Studies in the past 40 years indicate that up to half of preschool children with autism who receive this tuition can progress to mainstream primary schools without additional support. I refer the Minister to a statement of an elderly man at a meeting in Galway recently. It brings home the message of what is in the distance for many young children. The elderly man has a son in his mid-20s. Due to the lack of early intervention the son has been institutionalised since he was 17 years of age because his parents were unable to look after him. The man visits his son, who is left alone in a small room for 24 hours a day. He can no longer communicate with anyone and will live out his life in this way. The call of the elderly man was that he wanted his son to be happy and content and have some degree of independence. If the Minister continues her present stance we will hear many more similar pleas. The Minister has an opportunity to take action, having been advised from all sources to change her single-minded attitude. She twists the facts when she justifies her decision not to fund behavioural treatment of children with autism. The Minister uses the findings of the autism task force report to substantiate her claims but she is never fully accurate. She picks and chooses the parts she wishes to believe and continues to refer to figures such as the number of special needs assistants who have been appointed. These assistants are untrained and act in a caring capacity, mainly with little educational input. This evening, on “Six One”, the Minister referred to figures to justify her stance. The Government has allocated few resources to in- service training for mainstream teachers to cope with pupils with special needs. Many experts in special needs have clearly stated that the Minister is misguided. Indeed, Deputy Brian Hayes referred to this in this debate. The co-author on the Government task force on autism has accused the Minister of following a grossly misguided policy of education for autistic children, one that is not backed up by scientific evidence. Dr. Rita Honan of Trinity College stated that the Minister’s policy of not providing funding for additional applied behavioural analysis classes meant that many autistic children were missing out on leading normalised and productive lives. International research in the past 40 years, particularly that carried out at Southampton University, shows that over half of the children who engaged in applied behavioural analysis treatment as the primary preschool method of intervention progress to mainstream education without additional support. The Minister stated that the Government favours the eclectic approach, based on the conclusions of the task force, which states that a range of educational approaches should be offered to children, including applied behavioural analysis. The Minister stated that new classes specialising in applied behavioural analysis are not being funded for a number of reasons, including the lack of teaching qualifications of the tutors and because applied behavioural analysis focuses on a teaching behaviour. Many Deputies have taken her up on this.

873 Special Educational Needs: 12 February 2008. Motion

[Deputy Ulick Burke.]

The Minister has not educated herself sufficiently on the various methods of educational intervention for children with autism. She consistently makes basic errors in referring to applied behavioural analysis. If she has read anything about the approach or visited any classroom that follows it, it would be clear that the theoretical orientation is used to teach children the basic learning behaviour but also language, speech, self care and life skills. Even at this 12th hour, with 150 parents awaiting a turnabout, the Minister must change her decision. Some 905 children await speech and language assessment in County Galway. Can the Minister for Education and Science justify that?

Deputy John O’Mahony: Just as with the cystic fibrosis debate last week, we are highlighting the plight of families whose children are denied what should be their right. The suffering and frustration of the families of children with autism is always there. The rest of us are only acutely aware of it when cases such as the one last week hit the headlines. I have attended meetings where the pain and suffering of parents is etched on every face in the room. One father praised his wife for looking after their son while he was at work and equated it to a life sentence. What does one say to parents who have raised thousands of euro on a voluntary basis and acquired a free site for an applied behavioural analysis school in Mayo? The answer of the Minister is to block them at every move and spend millions defending the Department’s stance in the courts. The money spent defending many of these cases would provide the resources necessary to expand the current ABA pilot scheme. It is ironic that the report of the task force on autism a number of years ago recommended that the key stakeholders, and parents in particular, be consulted on the development of educational policy in respect of autism. That is not the experience of most parents I met. These parents are very reasonable in their approach. They are not looking for ABA to be used exclusively as a teaching method but merely point out the benefits it can have at an early stage and how the gains made can significantly improve the children’s chances of joining mainstream classes earlier than would otherwise be the case. I also met with the parents of an autistic boy who use the Son-Rise method of instruction for their son. This method is based on the American style where parents are trained to teach their children in the family home. The father of one such boy has taken a career break to teach his child. He spent \20,000 on a training course in America yet has difficulty getting hours of home tuition granted by the Department except on a month-by-month basis. He has to tell the same Department six months in advance whether he wants to continue his career break for the next year. People who have observed this debate over the past week must really doubt the Minister’s basis for her Department’s current policy when they see the co-author of the Government task force taking the Minister to task for her misguided policy on education for autistic children, and also stating that the Minister’s stance is marked by a number of errors and a misunderstanding of ABA. Perhaps the Minister will explain on what scientific evidence she based her policy approach to autism. This is the least that the supporters of ABA deserve. Where there are special autistic units within mainstream schools there is a great need for a better pupil-teacher ratio than 1:6, which is the current situation. I have visited those schools as well as the ABA schools. No teacher should be required to take more than four children in these special classes. Speech and language therapy is a requirement for most children with special needs, whether they are autistic or have another disability. It is totally unacceptable that children progress through school without proper attention in this area year on year . All that is required is

874 Special Educational Needs: 12 February 2008. Motion agreement between the Health Service Executive and the Department of Education and Science to incorporate speech and language therapy into the education system, as is the case in the UK where speech therapists are employed by the education authorities and this provides for the needs of children. There is a tremendous reluctance on the part of both Ministers concerned to come to this arrangement, as was necessary when the former Minister for Edu- cation and Science, Deputy Martin, integrated care assistants in the schools under his Depart- ment. The Government was practically forced to comply following long consultation with the Ombudsman’s office at the time. Autistic children deserve a better deal than they are getting. They deserve a fair deal. It is still not too late to change. I strongly commend the Fine Gael motion.

Deputy James Reilly: I thank Deputy Brian Hayes for bringing this motion before the House. Approximately 20 years ago I was a member of a health board and became involved in an educational sub-committee involving inspectors from the Department of Education and Science. At that time, the Department still refused to acknowledge there was such a thing as autism. Following numerous meetings with officials, they softened their position to accept there might be such a thing as autism but it did not require any particular educational approach. Thankfully, we have come a long way since then. I accept that matters have improved greatly but I urge the Minister tonight to go the last leg of the journey that would allow children with autism access to the educational support they need, which is primarily one to one. This can be achieved through ABA and other mechanisms. I have no issue with the concept of an eclectic approach but I do take serious issue with the fact that the current eclectic approach as described by the Minister is not a one-to-one approach but a one to six with two special needs assistants, SNAs. The Minister has failed to convince this House about her approach. I know from my own research that many SNAs have no specific training in autism and that even teachers who are involved in the classes are not what one could describe as experts in the teaching of children with autism. As other speakers pointed out, the co-author of the Govern- ment task force report on autism accused the Minister of following a grossly misguided policy on education for autistic children. She said that “international research for the past 40 years shows that up to half of children who engage in ABA as a primary method of preschool intervention go on to mainstream education without any additional supports”. She further indicated that the Minister had not sufficiently educated herself on the various methods of educational intervention for children with autism and that she consistently made very basic errors when referring to applied behaviour analysis. She stated in regard to the Minister: “If she read anything about this approach and-or visited any classroom which follows this as its primary methodology it would be clear to her that this theoretical orientation is utilised to teach children not only basic learning behaviours required to learn but also language; speech — a prime component of early intensive behavioural intervention; self care; daily living and leisure skills; social communication and routine preschool teaching; and, for the older children, the national curriculum.” Dr. Honan said the task force report listed ABA as the first and most effective educational approach to dealing with autism. She also pointed out that both TEACCH and PECS are used in this system, according to each child’s needs and that all other interventions that emerge in the field are closely evaluated and, where supported by scientific evidence, incorporated into the classroom. It appears that many ABA tutors who have a four year degree in areas such as psychology are not regarded as being qualified in the eyes of the Department. ABA schools provide an eclectic approach. They use all modalities with the principle that they have highly trained

875 Special Educational Needs: 12 February 2008. Motion

[Deputy James Reilly.] skilled personnel available on a one-to-one basis for the children and the outcome after three years is nothing short of dramatic. Even if the Minister did not have an ounce of humanity in her and if she had no sense of what was morally right, she would surely see the benefit from an economic perspective of having children assessed in a timely fashion. This is an issue for the Health Service Executive and the Minister for Health and Children. The delay in getting an assessment is somewhere between 18 months and two years. If these assessments were carried out at an early stage and appropriate educational facilities were made available, many of these children would be able to attend regular schools. While many children may require additional help through the special classes for autism in ordinary schools, we would all support the overall aim of integration. It is clear that this will not be possible in all cases but for a large number of children with autism this is the preferred route and this is what will give the child, the family, the State and the Exchequer the best outcome. When I was a member of a health board more than ten years ago, I estimated the cost of “specialing” a patient. In psychiatry this is the term used to describe a situation where a patient is minded 24 hours a day. A dedicated nurse is provided one to one to prevent a patient from self-harming or harming others. The cost was £100,000 ten years ago. I do not know what that is in today’s money. I do not know how many of those cases are in psychiatric institutions. I do not have any idea how much money it would cost but it would be a damn sight more than the \5 million to \6 million that it is reckoned is required to support the further 12 ABA schools it is proposed to establish. If the Minister has figures to the contrary perhaps she will share them with us. Natural justice, humanity and fairness demand that ABA is made available to those for whom it is the most appropriate mode of treatment. Early assessment is essential. It is nonsense to have speech and language therapy for the education of young children solely under the remit of the Health Service Executive when clearly the Department of Education and Science should have access to it. I know of one school in Swords which has special needs assistants and teachers but it cannot get any speech and language or occupational or behavioural therapy. As the Minister is aware, ABA operates for in excess of 240 days of the year because children with autism need far more intervention than the average child in terms of an educational input week in and week out. To operate according to the normal school year is counterproductive. We have reached a situation where we are to have 12 pilot ABA schools. Are we to wait another ten years for them in the way we have to wait for cervical screening? Yvonne O´ Cuanacha´in recently asked: “How do you fight the whole resources of the State when they are brought down to bear on you...when they decide to fight such a terrible and aggressive case?” I urge the Minister to think as a mother, to think of the devastation on getting the diagnosis. She should think of the darkness descending over her as her beautiful child’s future disappears before her eyes. Think of what it is like to live in a house that is totally disrupted by this child and the destructive capacity of many of these children as they try to deal with the frustration caused by their disability. Then think of the hope that ABA represents, the thought that one’s boy — it is usually a boy as three out of four with autism are boys — might after all have a shot at what we describe as normality, a chance of a normal education later in live, a chance to go university, to be independent. Then imagine what the Minister’s current policy is doing in depriving parents of this opportunity. That is why parents risk all, even their houses, to give that chance to their child. I ask the Minister to restore hope, ease the pain of these families and spend what is, in the context of the \900 million, a measly \5 million to \6 million to secure the future of our children.

876 Special Educational Needs: 12 February 2008. Motion

Minister for Education and Science (Deputy Mary Hanafin): I move amendment No. 1:

To delete all words after “Da´il E´ ireann” and substitute the following:

“recognising that:

— major improvements have been made in special education in recent years, under- pinned by a doubling of investment since 2004 to \900 million this year and the provision of approximately 19,000 teachers and SNAs to work solely with children with special needs;

— the number of special classes for children with autism has increased by 40% in the past year alone, with 277 classes now in place in mainstream and special schools around the country;

— applied behavioural analysis is one of the interventions used in such classes, along with others that focus on the development of children’s speech and communication skills;

— the taskforce on autism recommended that a range of resources and approaches be made available to meet the unique needs of each student with an autistic spectrum disorder in all school settings;

— the Education for Persons with Special Educational Needs Act 2004 is being implemented on the phased basis provided for in the legislation so that teachers and schools will be well-prepared for the major developments that it encompasses;

— the first Special Education Appeals Board has already been appointed in advance of the full implementation of the Act; and

— improved co-ordination between the education and health sectors has been prioritised, with the appointment of a Minister of State with that specific responsibility and the establishment of a cross-sectoral team to co-ordinate the implementation of Part 2 of the Disability Act 2005 and the relevant sections of the EPSEN Act 2004;

appreciates that in any area of historic under-provision it takes time to bring services up to the optimum level and supports the Government’s determination to:

— improve access to assessments for children with special needs, as per the commitments in the Disability Act 2005 and the programme for Government;

— expand preschool provision around the country to ensure early intervention;

— continue to increase the number of special classes for children with autism;

— continue to provide schools with the necessary supports so that each child with special needs can have an education that is tailored to their unique individual needs and abilities, with provision for a range of interventions — including PECS, ABA and TEACCH — for children with autism;

— deliver on the commitment in the programme for Government to “commit to long- term funding for the 12 centres that are currently in the ABA pilot scheme subject to agreement with the Department of Education and Science on standards that will enable the Department to support them as primary schools for children with autism”;

877 Special Educational Needs: 12 February 2008. Motion

[Deputy Mary Hanafin.]

— continue the work of putting in place the necessary processes to enable the full implementation of the Education for Persons with Special Educational Needs Act 2004 by October 2010 as set out in the legislation;

— develop special schools as centres of excellence and outreach facilities and allow for dual enrolment so that children can attend both a special school and a mainstream school as appropriate;

— continue to improve second level provision for children with special needs;

— improve access to speech and language and occupational therapy; and

— provide parents, through the Special Education Appeals Board, with a right of recourse to an independent appeals process.”

I wish to share time with the Minister of State, Deputy Devins. I am genuinely glad of the opportunity to clearly outline my commitment and that of the Government to all children in this country, and particularly children with special educational needs. I, too, am particularly conscious of the commitment and dedication of parents of children with special needs and the efforts and many personal sacrifices they make to ensuring that their children get the best advantage and reach their full potential. That is the case for parents all over the country. It is also our commitment to ensure that we support those parents and children, recognising that all children are different and children with autism are different. They all have a range of needs and our responsibility is to ensure that, within the education system and the health service, we are meeting all of those needs and providing locally-based services to enable as many of those children as possible attend schools in their local areas with their siblings, to be part of their local communities and to get the educational support that they need. That has been the commitment of Government in recent years and that has been my personal commitment since I became Minister for Education and Science. The record in this area is one of under-provision. There is a poor record for many years in providing for children with special needs and we are playing catch-up. We have driven a complete transformation in educational policy in the past ten years and we have focussed specifically on children with special educational needs. It is not so long ago — perhaps 20 years, as has been mentioned already — that people did not recognise this area. Ten years ago, there was no automatic entitlement to either teaching or care supports. Provision for children with special needs in mainstream schools was virtually non-existent. Not all schools had resource or learning support teachers. There were only 252 special needs assistants in total, with virtually all of these employed in special schools. If a child had any significant educational or care need, parents had no choice but to enrol him or her in special schools, where the child had access to excellent teachers and care staff but little opportunity to mix with other children from the community. There were only eight special classes for children with autism in the entire country. At that time, children with special needs had few choices in education. Over the past ten years, successive Ministers have delivered significant improvements in services for children with special needs. When I became Minister for Education and Science in 2004, I acknowledged that while significant improvements had already been made, the historical

878 Special Educational Needs: 12 February 2008. Motion reality of under-provision in this area meant that we were still playing catch-up and I made this my number one priority. Ten years ago, my colleague, the then Minister for Education and Science, Deputy Michea´l Martin, put in place the policy of “automatic response”. For the first time, a child with a special educational need had the right to additional teaching or care supports. Since then, the services available to children with special needs have improved dramatically. The right of each child to the maximum appropriate level of inclusion in line with his or her abilities has been recognised and supported in legislation and in practice. The number of SNAs has increased from less than 300 to almost 10,000 and the number of teachers working solely with children with special needs in the schools has increased significantly to over 9,000 today, that is, 19,000 people whose sole job is to work with children with special educational needs. Continued support for special schools has helped them to provide excellent services for children with more complex special needs. Over the past decade, successive Ministers have made improvements for children with special educational needs a priority. The improvements over the past three and a half years have been significant. Investment in special education has almost doubled, to over \900 million this year. Almost 6,000 additional special education staff have been put in place — 4,000 special needs assistants and 2,000 teachers. The application process for extra supports has been completely transformed with the move from an entirely centralised system with all applications processed by the Department to a more child and family-friendly process with 82 local special needs organisers working with parents and teachers. All primary schools have been allocated resource teaching hours based on their enrolment figures to support children with high incidence special needs and learning difficulties, such as dyslexia. This means that the majority of primary school pupils with special needs no longer require assessments in order to get extra support. The level of training available to teachers has been significantly improved through a major expansion of the special education support service, which was set up in 2003. Last year, the service was in contact with over 15,000 teachers. Day-to-day funding for special classes has been significantly improved and has been almost doubled for classes for children under 12 with a physical disability.

Deputy Ulick Burke: Not in the world in which we live.

Deputy Mary Hanafin: A new package of extra resources — from higher capitation grants, to teaching principals and priority status on the building programme — has been made available to encourage schools to set up special classes for children with autism. This has supported the expansion in the number of such classes from less than 150 in Sept 2004 to almost 280 at present, with 40% of these set up in the past year alone. Many significant advances have, therefore, been made in recent years, improving the lives of children with special needs and their families. Whereas ten years ago, most parents of children with significant special education or care needs had no choice but to send them to a special school, now there are three distinct choices available. The child can attend a mainstream class in their local school — we are spreading that availability throughout the country — with additional supports as required, can attend a special class in a mainstream school or can attend a special school. The needs of students can change as they get older and mature. The system now in place provides both a continuum of education and options to enable students move from one setting to another in line with their changing needs. Special schools still play a significant role as part of the range of options now available and will continue to do so. There are over 100 special schools all over the country. Not only is the Government committed to continuing to support such schools, we see huge potential to develop

879 Special Educational Needs: 12 February 2008. Motion

[Deputy Mary Hanafin.] them as centres of excellence and outreach facilities working with mainstream schools. We are also committed to developing a new procedure for dual enrolment so that children can attend both a special school and a mainstream school as appropriate. There is no question, therefore, of the special school option not being supported. Most parents, however, prefer their child to be integrated into mainstream education where possible. They want the child to be able to go to a local school, where he or she have can both access to specialist supports and the chance to mix with other children from his or her area. They value the fact that even the child in the special class who needs intensive specialist support can benefit from participating with his or her peers in activities such as school sports days and concerts and feel part of the school community. Not only is inclusion the desire of the vast majority of parents, it is also the guiding ethos of the UN Convention on the Rights of Persons with Disabilities. Educating children in the least restrictive environment has become the norm in developed societies in recent years. I was genuinely shocked to hear the Leader of the Opposition refer last week to inclusion as a “social experiment”.

Deputy Brian Hayes: Here comes the dirt. The Minister is a dirt bird.

Deputy Mary Hanafin: I thought we had all moved on from the restrictive scenario that pervaded when parents had no real choice but to send their child to a special school.

Deputy Brian Hayes: That is the dirt from her.

An Leas-Cheann Comhairle: The Minister without interruption.

Deputy Mary Hanafin: I assure the Deputy that there are tens of thousands——

Deputy Brian Hayes: I would not expect anything more from her but dirt. That is all she could do with a serious motion. She can spy dirt.

Deputy Mary Hanafin: ——of parents all over the country that would take exception to his description of the inclusion of their children in local schools as a “social experiment”.

Deputy Peter Power: Deputy Hayes should relax. This is the House of Parliament.

An Leas-Cheann Comhairle: Deputy Hayes, you gave your contribution without interruption.

Deputy Ruairı´ Quinn: It was a disgraceful comment.

Deputy Brian Hayes: That was something.

An Leas-Cheann Comhairle: Please allow the Minister to make her contribution without interruption.

Deputy Mary Hanafin: As I have already said, I accept that a place in a special school is the option most suited to the needs of some children but I utterly reject Deputy Kenny’s claims that inclusion in general has not worked.

Deputy Brian Hayes: Dirt.

Deputy Mary Hanafin: I hope that Deputy Kenny’s insensitive remarks were just an unfortunate choice of words——

880 Special Educational Needs: 12 February 2008. Motion

Deputy Brian Hayes: Now we know the political football the Minister plays.

Deputy Mary Hanafin: ——and that he does not really want to see a return to the restrictive and unjust policies of the past where children with special needs were sidelined from mainstream education. The Education for Persons with Special Educational Needs Act 2004 has commenced with the establishment of the NCSE, the appointment of 82 SENOs and the establishment of local offices around the country. An appeals board has also been established. This Act was revol- utionary legislation, designed not only to consign to the past Ireland’s poor history with regard to services for children with special needs, but to make our services among the best in the world. The Act includes an entitlement to an educational assessment for children with special needs and to an individual educational plan. It also provides for parents to be consulted and informed at different stages of the process. They will also have recourse to the independent appeals board.

Deputy Ulick Burke: Dream on.

Deputy Mary Hanafin: Given the scale of the improvements provided for in the Act, which amount to a significant transformation of special education services over a very short time, the legislation provides for its provisions to be phased in over a five-year period and to full implementation by 2010. I have said from the start that it was vital to improve the supports available to schools before they become subject to new responsibilities under the Act, and we have been doing that. Since 2004, investment in special education has doubled to \900 million, almost 6,000 additional special education staff have been put in place and training for teachers has been dramatically improved. Guidance has issued to primary schools on the continuum of assessment and intervention, with specific advice on devising and implementing individual education plans. Second level schools have also received specific advice on how to meet the particular challenges of including children with special needs at post-primary level. A cross-sectoral team has also been established, comprising senior officials from my Depart- ment, the NCSE, the Department of Health and Children and the HSE. This team is working hard to co-ordinate the implementation of Part 2 of the Disability Act 2005 and the relevant sections of the Education for Persons with Special Educational Needs Act 2004. The appointment of Deputy Jimmy Devins as Minister of State at the Departments of Education and Science and at the Department of Health and Children has also helped to improve co-ordination between the two sectors in the interests of a better service for children. Tonight’s motion refers to the need for an independent appeals process. As Opposition Members should be aware, this is specifically provided for in the Education for Persons with Special Educational Needs Act.

Deputy Ulick Burke: It is not working.

Deputy Brian Hayes: Where is it?

Deputy Mary Hanafin: The members of the inaugural special education appeals board were appointed in April 2007. They are working to ensure that appropriate structures and processes will be in place once the relevant sections of the Education for Persons with Special Educational Needs Act, which would allow appeals to be undertaken, are commenced. This is important work that must take place before the new entitlement of recourse to an independent appeal process can be commenced.

881 Special Educational Needs: 12 February 2008. Motion

[Deputy Mary Hanafin.]

It is expected, for example, that many of the appeals will relate to the content of the individual education plans, IEPs, that children will be entitled to under the Act. It is essential, therefore, that schools are given time to prepare for the introduction of a right to an IEP before appeals relating to the plans can be heard. Let me make it clear, the introduction of an independent appeals process is already in train. However, it is being put in place in a sensible and planned way in the interests of a smooth transition to the new arrangements that will benefit children with special needs and their families. In the meantime, parents may appeal allocations and supports through the National Council for Special Education.

Deputy Ulick Burke: Or go to court.

Deputy Mary Hanafin: The Act is, therefore, being implemented on the phased basis that was specifically provided for in the legislation as voted for in this House. There has been no delay. Much of the Act has been implemented and the rest of it will be in place by October 2010. By that time, special education in this country will have been revolutionised and children will have a world-class level of service that would have seemed unthinkable only a few short years ago. The Government has placed a particular focus on improving services for children with autism. I acknowledge, as I have done on previous occasions, the huge dedication and commitment of parents of children with autism in the face of a disability that brings with it major challenges not just for the child concerned but for his or her entire family. I have met many parents of children with autism all over the country and I admire and respect their commitment to their children and the sacrifices they make to assist their development. I welcome the chance to outline tonight what we are doing in this area and why we genuinely believe it is in the best interests of the children with autism.

Deputy Ulick Burke: What the Minister believes.

Deputy Mary Hanafin: Autism was first recognised as a specific special educational need in Ireland in 1998. Since then, we have worked hard to put in place a proper continuum of services for children with autism from age two and a half upwards. This has not been easy, given the historical lack of appropriate services for such children. However, considerable progress has been made. To prioritise early intervention, we have put in place a system of home tuition for children of preschool age with autism.

Deputy Ulick Burke: And withdrawn funding.

Deputy Mary Hanafin: Children up to the age of three are now entitled to ten hours of home tuition per week, increasing to 20 hours per week once the child is three years of age. Some 23 autism-specific preschools have also been established. The expansion of this preschool network is a priority for us for the coming years. Services for school-age children with autism have been dramatically transformed for the better in recent years. The major increases in the numbers of special education teachers and assistants has enabled approximately 2,100 autistic children to be integrated into mainstream classes in their local schools, with the benefit of specialised education and care supports as needed. Places have also been created for nearly 1,000 more children in autism-specific classes in mainstream schools all over the country. There are also places for more than 500 other children in autism-specific classes in special schools. A further 244 children attend the centres which are being funded under the pilot ABA scheme.

882 Special Educational Needs: 12 February 2008. Motion

Therefore, from a position of very limited autism-specific provision a few years ago, there are now places for approximately 3,600 children in special classes in mainstream or special schools. As I mentioned, the number of special classes for children with autism has been increased by 40% in the past year alone. The Department of Education and Science will pay for transport to the nearest class. Home tuition is available for children who are having difficulty securing an appropriate placement, though the number of children in that position is now very small. Children in special classes have the benefit of fully qualified teachers who are trained in educating and developing children generally and who have access to additional training in autism-specific approaches, including the picture exchange communication system, PECS, applied behavioural analysis and the treatment and education of autistic and communication handicapped children, TEACCH, method. The level of such training available to teachers has improved dramatically in recent years and is a major priority for the Government. Our special classes are child-centred, not method-centred.

Deputy Ulick Burke: That is a change of heart.

Deputy Mary Hanafin: There are a maximum of six children in each special class, with a teacher and at least two special needs assistants. Extra assistants are provided where the children need them. A child can have his or her own SNA, if needed.

Deputy Brian Hayes: An SNA with training?

Deputy Mary Hanafin: Members of the Joint Committee on Education and Science experienced first hand the benefits of this special class model at a recent visit to two of the schools which provide autism-specific education in special classes. I have seen how children with autism in the mainstream school are fully supported in the special classes as well as attending ordinary classes in line with their abilities and play in the school yard with the other students. They experience the school’s genuine commitment to integrate children with autism with the other students at every opportunity. Staff are enthusiastic and open to fostering a spirit of inclusion so that all children feel very much a part of the school. Staff pioneered new approaches in the mainstream classroom to enhance the quality of education provided to children with Asperger’s syndrome. The committee and I saw how this model of education teaches children how to learn, as well as addressing communication impair- ments and helping them to develop social skills and become as independent as possible. I understand that teachers in these schools explained to the Oireachtas delegation that while children in special classes can have their own special needs assistant if they need one, one-to- one support is not appropriate in all circumstances. The ultimate goal for children with autism is to enable them to reach their potential and live their adult lives as independently as possible. One of the key challenges for a child with autism is to develop the ability to relate to, and interact with, other children and adults. If children are provided with adult support unnecess- arily all the time, it can inhibit the development of their sense of self, their independence and their ability to relate to others or to interact as part of a group.

Deputy James Reilly: What does having it none of the time do for them?

Deputy Mary Hanafin: I and other Members were particularly impressed by the ‘buddy’ system which supports children. I hope the Fine Gael spokesperson on education, who was not able to participate in that visit, will take the opportunity to visit on another occasion.

Deputy Brian Hayes: On a point of order——

883 Special Educational Needs: 12 February 2008. Motion

Deputy Mary Hanafin: I would like to turn now to the issue of the use of the applied behavioural analysis intervention in the education of children with autism.

An Leas-Cheann Comhairle: The Minister’s time is limited.

Deputy Mary Hanafin: My time is very limited.

Deputy Brian Hayes: I know the Minister is flying. On a point of order——

An Leas-Cheann Comhairle: I will accept the point of order in a moment. The Minister will also obey the Chair. The Deputy has raised a point of order. What is the point of order?

Deputy Brian Hayes: Before the Minister flies off to Tahiti, or wherever she is going——

An Leas-Cheann Comhairle: Has the Deputy a point of order?

Deputy Brian Hayes: Yes, she deliberately misled the House in her vindictive little way by suggesting I had not been at a school which has——

An Leas-Cheann Comhairle: That is a charge that can only be made by way of substantive motion and the Deputy is well aware of that.

Deputy Mary Hanafin: No I did not, I said on that visit.

Deputy Brian Hayes: She deliberately mislead the House. I was visiting another school at the time. I could question her movements and where she was on the day.

An Leas-Cheann Comhairle: The Deputy will resume his seat. I call the Minister to conclude her contribution.

Deputy Brian Hayes: She is badly advised.

Deputy Mary Hanafin: In the event that I use up all the time, the Minister of State, Deputy Devins, will contribute tomorrow night. I would like to turn now to the issue of the use of the applied behavioural analysis intervention in the education of children with autism. As Deputies will be aware, autism is a spectrum disorder and children with autism can have widely varying needs and abilities. The Government believes that as each child with autism is unique, he or she should 8 o’clock have access to a range of different teaching approaches to meet his or her individual needs. Applied behavioural analysis, ABA, is one of the interventions used in the education of children with autism both in special classes in mainstream schools and in special schools. However, while behavioural interventions are significant, other methods such as TEACCH and PECS are just as important in developing children’s communication and speech skills. It is important that children have access to a range of methods so that their broader needs can be met.

Deputy Ulick Burke: Here we go again.

Deputy Mary Hanafin: Teachers in special classes, who are familiar with a range of approaches, can tailor these to the needs of the individual child. Where a child has been diagnosed as needing ABA we have brought in consultants from Norway and the US, and as Deputies will see, we also have staff in our Department because we support the use of ABA and training is provided for teachers in its use. My Department has recruited a behavioural

884 Special Educational Needs: 12 February 2008. Motion specialist support team, led by a person with a PhD in ABA. This will offer programmes in ABA for teachers. However, based on research, advice and best practice, my Department does not accept that ABA should be the only intervention used. Both the findings of the task force on autism and international best practice support the view that a range of approaches should be used, rather than just one. Autism societies in other countries also caution against relying on just one approach. This is substantiated by the US National Research Council report and the Northern Ireland task force on autism. By enabling children in special classes to have access to a range of methods including, but not limited to, ABA, the Government is doing what we are advised is in the best interests of children. I welcome the opportunity provided by this debate to put on the record some of the expert advice and research that has informed the Department’s view that a range of interventions should be available to children with autism in all settings, rather than just one. My Depart- ment’s policy reflects that there is no consensus among autism professionals on one approach being more effective for all children. The fact that experts on all sides can cite peer-reviewed research to support different positions underlines the lack of consensus. If something has been scientifically proven, it has been established beyond doubt, beyond dispute, the subject of consensus views. This is not the case regarding ABA. It has been claimed that the task force on autism found ABA to be superior to other interventions. This is not the case.The task force on autism undertook a review of international research literature on autistic spectrum disorders. With reference to studies on the ABA method of intensive intervention with young children with autism, which it said “continue to be the subject of peer review controversy”, it advised that “such discussions contribute to the closer scrutiny of all approaches and remind us once again that there is no one intervention accepted by all parents and professionals above all others”. The task force stated that it supported a “reflective practitioner model of teaching where the system has the capacity to be flexible and teachers think, plan and then react from a diverse knowledge base”.

Deputy Ulick Burke: This is selective again.

Deputy Mary Hanafin: The task force also stated that there is “no definitive evidence that supported one approach as being better than others for all children with ASDs, or supports a single approach for all aspects of development; nor is there any evidence by which children could be matched to particular approaches”. It recommended that a range of approaches be made available to meet the unique needs of each student with an autistic spectrum disorder in all school settings. That is precisely our policy and what we have aimed to do.

Deputy James Reilly: But the Minister will not offer one-to-one teaching, which ABA schools do.

Deputy Mary Hanafin: The House will appreciate that if the task force found no definitive evidence to support one intervention over the others——

Deputy Ulick Burke: There is certainly none in the Minister’s policy.

Deputy Mary Hanafin: ——it is difficult to ascribe any credibility to recent comments that listed ABA as the first and most effective educational approach.

Deputy James Reilly: This is from the Minister’s task force co-authors.

Deputy Mary Hanafin: It is not. Deputies should also remember that there were 13 members of the task force on autism. No one person can claim to speak on behalf of the group as a whole.

885 Special Educational Needs: 12 February 2008. Motion

Deputy Ulick Burke: The Minister should ask the other task force members. She will have her answer.

Deputy Mary Hanafin: Deputies may have heard the interesting and informative debate on the “News at One” today between two members of the task force who have very different views on the role of ABA in the education of children with autism. The report of the task force on autism is just one of many reports and pieces of research that has informed my Department’s policy on the appropriate educational provision for children with autism. Officials in my Department regularly review research, speak with experts, and attend international conferences on the topic to keep themselves abreast of ongoing developments in the research and best practice in other countries. My Department’s policy is also informed by advice from the National Educational Psychological Service and the inspectorate. There is nowhere near enough time in this debate to outline to the House the various different pieces of research and advice that have informed our view that the provision of access to a range of interventions in all settings is in the best interests of children with autism. I encourage all Members to educate themselves about this important issue and in particular about the extent of debate that exists in the international autism community about the success of different types of interventions.

Deputy Brian Hayes: The Minister should go back to school.

Deputy Mary Hanafin: There is much research and a lot is going on around the world on autism. Members might be interested to know that the task force on autism in Northern Ireland in 2001 also consulted widely with professionals, reviewed a wide range of literature on autism and invited experts on autism to address the group. It found “preference for no single approach but concludes that single methods by themselves may not address effectively the triad of impair- ments associated with ASD”. It concluded that “the interventions should be child-centred rather than method-centred and should address the observed and unique needs of the child and any variation in these which occurs over time and across settings and situations”. A recent UK study by Magiati, Charman and Howlin concluded as follows: “Our data support the growing consensus that no one intervention for children with ASD is universally superior to all others.” We are following best international practice which shows that all internationally recognised methods should be available to children within the education facilities we provide throughout the country because we recognise that all children are different, including children with autism. All children deserve access to a fully qualified teacher, including children with autism. That is what we aim to provide around the country. The Deputies will be interested in the Middletown Centre for Autism, which is organised on a cross-border, North-South basis aimed at promoting excellence in the field of autism. A head of research, chief executive and board were appointed there. I hope the material I have quoted has illustrated that there is not consensus that ABA is a superior method or that it should be the only method. That is why the idea of solely having ABA exclusive schools is not part of our policy.

Deputy Brian Hayes: Nobody suggested that.

Deputy Ulick Burke: This is more spin.

Deputy Brian Hayes: When will the Minister tell the truth?

886 Special Educational Needs: 12 February 2008. Motion

Deputy Mary Hanafin: It is important we have fully qualified teachers to enable children to make progress. If all that can be offered is ABA, or there is an insistence that any other interventions used must be through ABA, the optimum environment is not in place to meet the full complexity and variety of need presented by children with autism, who need broad and multiple approaches. In supporting the use of a range of interventions rather than just one, the Government is doing what it is advised is in the best interests of children with autism. A network of 277 special classes is now in place around the country. In the absence of this network, funding was provided for ABA centres as part of a pilot scheme.

Deputy Ulick Burke: Will Deputy Devins pass his speaking notes to the Minister?

Deputy Mary Hanafin: As I have made clear before, and for the reasons I have outlined tonight, new, exclusive ABA centres will not be approved. However, the Government is committed to long-term funding for the pilots, subject to agreement with the Department of Edu- cation and Science on standards that will enable the Department to support them as primary schools for children with autism. The type of standards that must be agreed include the qualifications of the staff working in the centres and the type of educational programme available to the children. All children in the country are entitled to be taught by a fully qualified teacher and so are children with autism. We are working very hard to try to obtain agreement on the conversion of the existing pilots into special schools.

Deputy Brian Hayes: That is according to the Minister.

Deputy Mary Hanafin: Deputies may be pleased to hear that my Department’s policy was recently endorsed by the first of the ABA pilots. CABAS in Cork was established in 1999.

Deputy Ulick Burke: Deputy Devins is out of luck. He should jump on the bus with the Minister. She is on a mission tonight.

Deputy Mary Hanafin: Last year CABAS applied for special school status, to use its own words, “in the interests of their children being able to avail of a child-centered, autism-specific education and with access to the Department of Education’s curriculum”. They want to have fully qualified teachers and access to the wide range of supports offered in line with the Depart- ment’s policy. Deputies may also be aware that in the past week I gave recognition to the Rehab Group as the patron of a new special school for children with autism in Limerick. St. Michael’s House is also planning for its special school for children with autism. Yesterday a school which only last September set up a special preschool class for autism in Derrinturn, County Kildare, asked if it could set up a second class because of the success of the preschool in supporting the children’s education and integration.

Deputy Brian Hayes: So much for co-ordination.

Deputy Mary Hanafin: My Department does not insist that all children with autism are educated in mainstream schools, as is sometimes claimed. We are simply working to ensure that whether in mainstream or special schools, children have access to a balanced programme, delivered by suitably trained staff. In this country we have a very strong commitment by myself and the Government to all children with special educational needs and particularly, in this instance, children with autism. We have been extending the range of special schools and classes throughout the country so that parents have the option of sending their child with autism to the same school as the other siblings. Children with autism have access to a fully qualified teacher, the option of being

887 Special Educational Needs: 12 February 2008. Motion

[Deputy Mary Hanafin.] integrated with other children and a range of teaching methods available to them, methods that include communication and social skills, as well as ABA. Such children know that we are aiming to realise the best opportunities that their parents want for them, throughout the country.

Deputy Ulick Burke: The Minister will be late for her flight.

Deputy Mary Hanafin: It is not true to say we are trying to channel children into one system or another. We recognise that every child with autism is unique and different and every child has a range of needs, which is why we are providing a range of supports for them.

Deputy Ulick Burke: Fund them, then.

Deputy James Reilly: The Minister will not give them one-to-one tuition, which will guarantee a good outcome.

Deputy Ruairı´ Quinn: I wish to share my time with Deputies Kathleen Lynch, Caoimhghı´n O´ Caola´in, Liz McManus and Joan Burton. I am saddened but, sadly, not surprised by the assertive nature of the Minister’s contribution. The contradictory nature of her comments is of little or no comfort to the parents and others who, for reasons they best know, believe that part of the educational doorway for their children is one-to-one ABA teaching. They are not denying the effects of mainstreaming. In fact, they would dearly love to have a mainstream child. They are not denying the attractiveness of a special class within a mainstream environment whereby the inadequacies, in educational terms, of their child can be dealt with in a peer group but play time, assembly time and all other things can be normalised, so that the child may very well join his or her sister and brother in the playground and go on a normal journey to school with them every day. All this motion, which the Labour Party supports unreservedly, asks is that the Minister recognise the validity of one-to-one teaching for some children, for some period of time. The Minister cited the ABACAS experience, which refers to a graduation from a one-to-one to a special needs school. Her remarks are contradictory because when one parses and analyses her speech, she said there is no one preferred method, there is no one-size-fits-all, yet she is not prepared to extend the capacity of the ABACAS school, even though there is a queue the length of her arm of distraught parents trying to get their children into it. I was fortunate to visit the school in Drogheda and to see, at first hand, the teaching methods used there. I also saw, at first hand, as the parent of children myself, the scale of difficulty that some young people had to cope with, in terms of their own barriers to learning to learn. As Cormac Rennick described it so vividly “the difference between our kids and normal kids” is that most kids automatically and intuitively learn behaviour by observing, by participating and by copying their older brothers and sisters, parents and friends on the street, but children with autism do not. We are only on the threshold of knowledge on this. We know very little about it, despite what has emerged in the past few years. I have a brother who is an international expert in the territory. He is well established in his work in Canada and the United States in the area of ADHD and related learning difficulties. There is a spectrum of ignorance, not a spectrum of knowledge, which this generation is picking at in terms of trying to find out what it is that makes one child different from another. It is against this background that there is a cry coming from some parents in this country, citizens of this Republic, to please, for God’s sake, give them the opportunity, for a short period of time, to have one-to-one teaching for their children so they can learn to learn. Yet,

888 Special Educational Needs: 12 February 2008. Motion the Minister’s speech is assertive, declaratory and of the “we’ve never had it so good”, “look at where we’ve come in ten years” variety. Of course we should have come that distance in ten years. We are the second richest country in Europe. We have money coming out of our ears, a lot of which has been wasted by the Minister’s colleagues, yet we cannot seem to reach out and provide the sort of resources needed for the ABACAS schools. That is the net point of this motion and not seven pages, which deprived the Minister’s colleague, the Minister of State, Deputy Jimmy Devins, from making his own contribution, on what is happening in all the other areas.

Deputy Mary Hanafin: He will do that tomorrow.

Deputy Ruairı´ Quinn: We knew all of that. We know there are other forms of special needs and, of course, there has been great progress. We all salute that but it is the minimum that we would look for and it is of no comfort whatsoever to somebody who became a parent in the past five years and whose child has been diagnosed with autism. In some cases, the specialists cannot even agree, as the Minister herself said in her speech. Experts differ and children linger, trying to find a way into the path of knowledge that will give them the prospect of some sort of normal education and some chance of living an independent life. That is what this motion has asked of the Minister and she has thrown it back in our faces. She has hurt a section of this community who simply want access to one-to-one ABA teaching for their children so they can learn to learn.

Deputy Kathleen Lynch: I know the Minister does not write her speeches herself. She could not do so because she is too busy. The speeches are written by civil servants but I found it very frustrating and annoying listening to that speech. I can only imagine what it would be like if I had a child who was in need of services because of a disability. How frustrating it would be to continually listen to the same thing being trotted out, the figures, the amount being spent, what we have done and what we are going to do. There is no one denying any of that. What we are saying here tonight is that it is not enough. The notion that the State would spend \12.5 million in defending cases in the courts against parents who have to go to court because there is no other appeal mechanism is appalling. The Minister has the report outlining how to set up such an appeals mechanism since October 2006 but nothing has been done. Instead, we must listen to the same thing, over and over again. Every day I am approached by at least three people, in desperation. They should not have to come to me, their TD. They should be going to the people who will provide services so that their child can live a reasonable life and participate in whatever education system is available to them. I heard of a child the other day, aged six, who is in need of speech therapy. It was recommended that the child receive three sessions per week. What does the State provide? Seven and a half hours per year. The mother pays for one session in the private sector, costing \75 per week. She now has to resort, on my advice, to approaching her community welfare office to try to get it to pay for the therapy when it is the Minister of Education and Science who should be doing so. Seven and half hours per year for a child who cannot speak. Everyone here could tell stories like that. A person e-mailed me about a case recently and said the situation is worse in disadvantaged areas, such as the one I represent, than in other areas. This individual works in the private sector, in a group that supports children. He wrote:

I have had to arrange for a private educational psychologist to see a child in the northside next Monday. The child is now 12 years and eight months. The child was recognised as needing evaluation at the age of just seven. Finally seen at ten and seven months. Then parents were told the child would have to go on an ASD waiting list and would be waiting

889 Special Educational Needs: 12 February 2008. Motion

[Deputy Kathleen Lynch.] two years plus to be seen. At this point, the person involved with the family, who is also dealing with other issues, contacted us to do something, anything. We have agreed to pay for the child to be seen by a private educational psychologist. This will be done on the 18th of February. We have arranged help and support for the school as well, as no help has been given to the teachers from the Department.

He tells me that the Minister does not know what she is talking about because these cases are not unique and are similar to those he deals with every day of the week. This is not the global figure, the great school opening or the great project. These are two cases with which I have dealt this week, namely, a boy of 12 years and a little girl of six years who can get no help from the State. It will be fantastic in the future, but where are the services to be found now?

Deputy CaoimhghıńO´ Caolaín: I thank Deputy Ruairı´ Quinn for sharing time. On behalf of the Sinn Feín Deputies, I fully support this motion on the dire situation in our country for children with autism and their parents. I totally reject the amendment in the name of the Minister for Education and Science, Deputy Mary Hanafin. I regret to state that the Minister’s approach, be it personally or that of her Department, on this matter has demonstrated a degree of intransigence and authoritarianism, and that should have no place in public administration. Even by the admission of the Minister in her amendment, education for children with autism and other special needs is an area of historic underprovision. More importantly, it is an area of great pain, fear and distress for the children and parents affected. In that context, the approach of the Minister and her Department, supported by her Government colleagues, is totally inappropriate and inflexible and is causing more distress to already dis- tressed children and parents.

Deputy Ruairı´ Quinn: Hear, hear.

Deputy Caoimhghı´nO´ Caola´in: It is very important to state that this is not a debate between two sets of educationalists about what methods are most appropriate to educate children with autism. There has been an attempt to present this as a pro and anti-ABA argument, but it is not.

Deputy Brian Hayes: Hear, hear.

Deputy CaoimhghıńO´ Caolaín: This is about ensuring that every child with autism, as of right, has access to the forms of education most appropriate to his or her individual needs. I have had help in my approach to this matter because my wife is a special needs teacher who teaches children with autism. When I make these points, it is from my exposure and personal awareness on a daily basis in a home where this is a hugely important issue to us as parents and to my wife as a teacher. It is about the ongoing failure of the State to meet these needs despite the commitments that have been made since the report of the task force on autism in 2001. In 2005, we the Sinn Feín Deputies put forward a motion and used our Private Members’ time to demand real action in support of children with special needs, including those with autism. The motion included the following points — I have picked a number of them and reiterate what is contained in them. While progress has been made in the area of special needs education, including the passage of the Education for Persons with Special Educational Needs Act 2004, families still find it necessary to seek redress in the courts for the failure of the State to meet the needs of their children. The Government must allocate the resources required to meet the special needs and equal rights of all. We urge deployment of teachers to be based on

890 Special Educational Needs: 12 February 2008. Motion the right of each individual pupil to have his or her special educational needs assessed and on the right of each pupil to the resources required to ensure that each can reach his or her full potential. The last point I have picked from the construction of that Private Members’ motion is that we urged the full implementation of the recommendations of the Report on Educational Provision and Support for Persons with Autistic Spectrum Disorders, the report of the task force on autism in 2001. That motion was debated here almost exactly three years ago. Yes, it is important that we readily acknowledge progress has been made, and I do, but thanks first and foremost — this is not begrudging on my part as a political representative because everyone present must recognise it — is due to the efforts of the parents of children with autism. This area, which has suffered historic neglect, is only being addressed slowly by the Government, from which reluc- tant action is being extracted. However, after three years we find that the State’s provision is so limited and the Minister’s approach, with respect, is so restrictive that parents are still going to court to vindicate the rights of their autistic children. I make no apology for using these phrases, but the Government has brought shame and disgrace on the State, on the entire jurisdiction, by fighting the O´ Cuanacha´in family and other families all the way through the courts to deny their children the right to the education which their special needs require. The stance of the Minister is contradictory as well as intransigent. Funding has been provided for 12 ABA schools. Most of these schools were established at the initiative of parents when there was virtually no support from the State for the education of children with special needs. However, now that the Department has made some progress and established more special classes, it wants to close the door on the development of further ABA schools. It is closing off this option for children who desperately need it. To justify this stance, the Minister and her Department are attempting to discredit the proven benefits of ABA. The Minister’s defence of her refusal to fund these schools has been demolished by the co-author of the report of the task force on autism, Dr. Rita Honan of Trinity College. Dr. Honan points out that the task force placed an emphasis on the need for options for parents and a range of essential supports for children. Obviously, every child with autism does not require full-scale ABA education, but the option must be there for those who need it. One of the most telling commentaries has been written by Adrienne Murphy in The Irish Times on 1 February, the mother of a four year old boy with autism and a journalist. The Minister should consider very carefully what Adrienne Murphy has written. She stated:

What the Department is failing to acknowledge is that autism is a spectrum disorder. Although many of the children on the mild “high-functioning” end of the spectrum do not require ABA, study after international study show that children on the moderate to severe end of the spectrum most definitely do need the intensive, scientifically-driven, evidence- based, individualised one-to-one intervention that ABA provides. Without it, their chances of leading anything like a normal life are severely diminished.

The Minister claims that the educational model provided in the Department’s special classes is eclectic and appropriate for children with autism, but it is not appropriate for all children with autism. To return to Adrienne Murphy’s article which further states:

The Department of Education has tried to get around this by saying that the eclectic model contains elements of ABA. For children on the severe end of autism, this is like offering someone falling through the sky a small portion of a parachute with which to try to land.

Let there be no confusion on this. The Minister’s refusal to provide for ABA education is not about the needs of children. It is not about favouring one educational model over another. It

891 Osteoporosis 12 February 2008. Services

[Deputy CaoimhghıńO´ Caolaín.] is something much more crass, namely, money. The Minister and her Department have got it into their heads that providing ABA for all who need it will be far too costly and, therefore, square pegs must be forced into round holes. I remind the Minister what she stated when she replied to the debate on the Sinn Feín Private Members’ motion on special needs education in 2005, to which I referred. She said:

In particular the Minister for Finance is obliged to have due regard to the State’s duty to provide for an education appropriate to the needs of every child under the Constitution and the necessity to provide equity of treatment for all children.

That is absolutely right. However, the Government has clearly failed to meet that obligation and children and parents are suffering as a result. My time has almost concluded and I want to try to beat the Acting Chairman, Deputy Charlie O’Connor, to it if I can. I urge the Minister to reconsider what has been described, and what I view as her intransigent position, to withdraw her amendment and to work with the parents of children with autism, their teachers and all concerned in the education and health services to provide these children with the care and education they so badly need and so clearly deserve.

Deputy Brian Hayes: Hear, hear.

Debate adjourned.

Adjournment Debate.

————

Osteoporosis Services. Deputy James Bannon: I thank the Ceann Comhairle for affording me time to raise this important issue, namely the need for the Minister for Health and Children to provide core funding for the continuation and expansion of osteoporosis services. These services are currently provided by the Irish Osteoporosis Society, IOS, which is a charitable organisation. It will be forced to close without such funding, leaving the public and health professionals without a point of contact that is invaluable in terms of accessing information on osteoporosis treatment and prevention. The Irish Osteoporosis Society is the only organisation in the country dedicated to assisting those with osteoporosis. It runs a help line, distributes information leaflets, runs conferences for health care professionals and organises approximately 130 lectures a year for the general public. It raises awareness of osteoporosis through television, radio and poster advertising campaigns as it is an extremely debilitating disease with which many people are unfamiliar until they the are diagnosed as having it. One in five men and one in three women — one in two women over 65 years of age — as well as many children are affected by osteoporosis. It is, however, preventable and treatable in the majority of people but early diagnosis and treatment are essential. Since the disease is silent, a dual energy X-ray absorptiometry, DXA, scan of the spine is the only recommended method of detection. Osteoporosis is the most common bone disease affecting people throughout the world and its widespread occurrence led to the publication of EU regulations in 1998 that put the onus on member state governments to fund osteoporosis charities. This year the Irish Government

892 Osteoporosis 12 February 2008. Services did just that but the importance of the continuation and extension of such funding cannot be emphasised too strongly. Not only does such investment benefit the suffers of this disease but it is an exercise in joined-up thinking as money spent on prevention and early intervention can save millions in hospital costs and reduce the occupancy of hospital beds. If more funds were available to the Irish Osteoporosis Society, the admittance of low trauma fractures to hospital accident and emergency departments would also be significantly reduced. Currently the IOS operates with a staff of two to cover the entire country and this has led to their being forced to work a 72-hour week to keep up with the volume of demand. The society is finding it extremely difficult to attract new personnel as it is impossible to attract people with the right experience when there is no guarantee that the organisation will still be operating in a year’s time. I ask the Minister of State at the Department of Health and Children, Deputy Hoctor, to make a commitment to funding this organisation as it performs a valuable role in the prevention and detection of a crippling disease that creeps up unheralded on so many unsuspecting people. Anything that can be done to prevent a disease that can, with hard work and funding, be prevented must be done. Essential funding will be the life blood of the Irish Osteoporosis Society and will allow its valuable work to prevent a disease that is increasing daily due to the stresses of modern life to continue. There may be a perception that this is a condition suffered only by the elderly but it knows no age barriers and we are all at risk. I plead with the Minister of State to continue funding this important society as it provides a valuable service to the elderly and not so elderly in society. Many sufferers of osteoporosis have approached me recently with their concerns regarding the Government’s low funding of the Irish Osteoporosis Society.

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Iam pleased to have the opportunity to discuss this matter. I reaffirm the Government’s commitment to services for older people and outline the context of this matter with regard to the Irish Osteoporosis Society. Osteoporosis can affect men, women and children of all ages. Many cases of osteoporosis remain undetected until a fracture is sustained and it is difficult to give the exact incidence and prevalence rates of the disease in Ireland. However, osteoporosis is currently estimated to affect one in three women and one in five men over 50 years of age. Furthermore, loss of bone density, symptomatic of the potential to develop osteoporosis, occurs with advancing age. In addition, rates of fracture increase markedly with age, thus giving rise to significant morbidity and mortality. The Department has supported the National Council on Ageing and Older People and the Health Service Executive in the establishment of a steering committee to oversee the development of a strategy to prevent falls and fractures in the ageing population. This committee is chaired by the HSE and it is understood that a sub-group has been established to examine the area of osteoporosis. The IOS was established in 1996 with the overall aims of reducing the incidence of osteoporosis and promoting bone health. It provides information to the public and health professionals on all aspects of the disease and offers support to people with osteoporosis and those at risk from the disease. The former Northern Area Health Board, and subsequently the HSE, met with the IOS in recent years to agree funding for various initiatives undertaken by the society. This resulted in grant aid of \100,000 in both 2004 and 2005 and \128,000 in 2006. A service level agreement was reached between the society and the HSE for 2007, which included the provision of

893 Grant 12 February 2008. Payments

[Deputy Ma´ire Hoctor.] \250,000 once-off funding towards certain objectives. These included the development of an osteoporosis and bone health lo-call telephone help line and information database and the launch of a new website by October 2007. Another objective was to support the earlier detection and prevention of osteoporosis in the wider community by educating and informing health care professionals, co-ordinating a range of awareness campaigns at national and local level and availing of opportunities to promote osteoporosis in other generic health materials. In the wider context, the development of services for older people continues to be a priority for this Government. This is reflected, for example, in the funding committed to the sector in the budgets of 2006 and 2007 where over \400 million was provided for much needed initiatives across a range of services nationally. The recent budget provided an additional \135 million for next year, \110 million of which is in respect of A Fair Deal, the new nursing home support scheme, and \25 million for complementary community support services for older people and palliative care. As the Deputy is aware the Health Act 2004 provides the HSE with responsibility for the management and delivery of health and personal social services. As a statutory body the provision of these services, including the delivery of services by agreement with voluntary and community organisations such as the Irish Osteoporosis Society, is a matter for the HSE. The Deputy will also appreciate that funding for health services has been provided as part of the HSE’s overall Vote for health and personal social services this year. The allocation of resources is a matter for the HSE in accordance with the overall priorities for particular services, as set out in its service plan. I am satisfied that the HSE recognises the valuable work undertaken by the Irish Osteop- orosis Society and makes every effort to assist them in line with resources available. This is reflected in a practical way in the funding given to the IOS in recent years. The question of any revised funding arrangements would be a matter, in the first instance, for the HSE in the light of its overall competing demands and through any new agreement with the society on future service provision.

Grant Payments. Deputy Dan Neville: I welcome the opportunity to raise this issue and call on the Minister for Agriculture, Fisheries and Food, Deputy Mary Coughlan to honour her contract with farmers on the rural environment protection scheme, REPS. The Minister must ensure that suspended REPS payments are made as soon as possible, clearly explain what is happening at the Department of Agriculture, Fisheries and Food and what she is doing to remedy the matter. Farmers are clear that the contract they entered into with the Department of Agriculture, Fisheries and Food included the payment of REPS 2 and REPS 3 as an advanced payment. The depth of feeling relating to this issue was demonstrated at the meeting at the offices of the Department of Agriculture, Fisheries and Food in Limerick on Sunday. This meeting was in support of the sit-in protest by farmer Donal O’Brien who was on hunger and thirst strike because he was promised his payment and informed he would be receiving payment but at the end of last week was told he would not receive it. Mr. O’Brien was taken to hospital tonight as a result of his experience. We wish him a speedy recovery to health. The pay freeze on the REPS payment follows hot on the heels of the suspension of the farm improvement scheme. The announcement that no advance payments will be made for REPS 4 leaves farmers in the lurch when they need to make vital capital investments. Thousands of farmers are being hit by the freeze in REPS payments. Many of these farmers will have taken

894 Grant 12 February 2008. Payments out loans to invest in essential infrastructure on their farms. This creates a serious cash flow problem while they await the arrival of their funds. The way in which the situation has been handled by the Minister and her Department has also left a lot to be desired, with farmers being left completely in the dark. The Minister must put in a strong argument for a solution to this problem but she must also inform farmers as to what is happening and when they can expect the release of REPS 2 and REPS 3 payments. The Minister states that the problem lies with the EU. However I believe it is within the control of the Department of Finance, which is limiting the amount of payments. The Minister needs to clarify this situation as a matter of urgency and needs to make a more concerted effort to communicate in an open manner with farmers, to reassure them in light of the forthcoming CAP health check and to quell uncertainty in the sector.

Deputy John Cregan: I am pleased to have the opportunity to raise this important matter and to join with my colleagues on the opposite side of the House who have also seen fit to raise this matter on the Adjournment of the House. This is a difficult issue for many farmers in County Limerick who are members of REPS and for the 50,000 farmers throughout the country who have joined the scheme in goodwill. As chairman of the Fianna Fa´il policy group on the environment, I am very aware of the excellent benefits this scheme can bring to our environment and what it has achieved since its inception in the early 1990s. Under the scheme farmers do their bit for the environment and in return are given their payment. This has always been a front-loaded scheme with an advance payment and this is what farmers signed up to. They go to their REPS planner, put their plan in place, pay him and then expend some money on the work in the farm. They were given payment in advance and this method worked very well. Ireland is the only country in Europe to have had the benefit of an advanced front-loaded REPS. It is widely recognised we have the best REPS in Europe. In the best of good faith, farmers signed the contract for REPS 2 and REPS 3 with the Department of Agriculture, Fisheries and Food acting for the EU. It is only fair and proper that this commitment should be honoured. The Minister is currently in a very difficult situation. We are very fortunate to have a Minister who is the best Minister for Agriculture that ever represented this country.

Deputy Dan Neville: What about Austin Deasy and Mark Clinton?

Deputy John Cregan: She has tremendous influence in Europe. She has worked very hard for the past number of days and nights and has been in constant contact with Commissioner Fischer Boel and with the Commission. I am quite confident that the Minister will bring a satisfactory conclusion if given a little space. I do not agree that the Minister or the Department of Finance have caused the problem. The scheme is a European scheme and we must respect its terms and conditions. It was introduced as an advance payment scheme and it is time this was recognised. I have no difficulty with REPS 4. If we are to have a scheme that is not an advance payment scheme, people will be aware of this fact when they join. REPS 2 and REPS 3 were advance payment schemes. I commend the Minister on her efforts and encourage her to bring a solution to the problem. I also wish Donal O’Brien well. He is in hospital as he has been on hunger strike on the issue in County Limerick.

(Interruptions).

895 Grant 12 February 2008. Payments

Acting Chairman (Deputy Charlie O’Connor): Allow speakers to continue without interruption.

Deputy Andrew Doyle: I know that when Deputy O’Connor is Acting Chairman I will be given the time I require.

Acting Chairman: I will do my best.

Deputy Andrew Doyle: I wish to clarify some points. It is not just REPS participants whose scheme anniversary falls on 1 January that are affected. I know this because I sought clarification about my own REPS plan, the anniversary date of which was 1 November. I sent in my full compliance on 3 December and I am informed it was not processed because of a backlog of work, due in part to an official being on long-term sick leave who was not replaced. Mairead McGuinness MEP seems to have had early indications that the EU did not direct that suspension of payments for REPS 2 and REPS 3 should take place. I accept that REPS 4 is a different matter. I ask for clarification on this issue. I raised this matter under Standing Order 32 this morning. I pointed out that the Lisbon treaty seeks the reaffirmation of the power of our own Parliament and our own national Government policy. It has been the policy of the Government to front-load the payments in order to allow people to invest. If it is the case that the EU has insisted on a change in this rule, it will be difficult to sell this concept of autonomy for Irish Government policy in the run- up to the referendum on the Lisbon treaty. REPS has been a flagship EU environmental scheme. Farmers have come to regard it as a means of investing in an upgrade of their waste facilities to bring their farm practice into line with EU standards and there have been tangible results. However, this has come at a cost which has involved borrowing to provide buildings, waste storage facilities, new habitat zones, destocking, hedgerows and other aspects of REPS. The annual REPS payment has been regarded as a method of funding and servicing this commitment and this is now in jeopardy. Many people regard cash flow as the issue. In light of the suggestion that all EU schemes are to be based on environmental aspects, it is a question of whether the budget is running out.

Deputy Martin Ferris: It is a very drastic measure for a man to go on hunger and thirst strike in order to obtain his rights and entitlements. At 7 a.m. this morning I was in Limerick city outside the office of the Department of Agriculture, Fisheries and Food where Donal O’Brien, a farmer, was on a hunger and thirst strike. I am pleased to say he has ended his thirst strike, which is a great relief to many people who support everything this man stands for. Previous speakers have made many of the relevant points. A total of 6,000 farmers are affected by this stand-off between Europe and the Department. The spin we are being given is that the Minister, Deputy Coughlan, is negotiating with the EU Commissioner to try to have the payments made. The implication of the spin is that they have changed the regulation but this is not the case. As Deputy Doyle said, Mairead McGuinness MEP outlined in the news- paper today that this is entirely a matter for the Department and there is no change in the regulation. The regulation is different for REPS 4, but not for REPS 2 and REPS 3. The Government is hiding behind an inaccuracy. The benefits of REPS 2 and REPS 3 are to be seen in what they have achieved for the environment and for the weaker sector in the agricultural community. The schemes have been a means of helping people to stay on the land and invest in it. It should be remembered that farming is seasonal and farmers depend on payments being made consistently at the agreed time. Farmers budget around those payments. A total of 6,000 farmers are currently affected and this will grow over the next weeks or months.

896 Grant 12 February 2008. Payments

Many more people will be affected by the stand-off in the same way as Donal O’Brien and the 6,000 farmers. I urge the Minister of State to prompt the Department to release the funding immediately. If this matter is not addressed promptly, more difficulties will be created and it will escalate. I fear for people as many of those involved in the agricultural sector on this island are in a desperate situation. The Minister and the Minister of State are from rural constituencies and have the same sense of this as all of us.

Acting Chairman: I ask the Deputy to conclude as the time has expired.

Deputy Martin Ferris: The Acting Chairman is also from rural Ireland as he is from Tallaght.

Deputy P. J. Sheehan: Will the Acting Chairman allow me to say one word?

Deputy Dan Neville: Do.

Acting Chairman: The order of the day——

Deputy Dan Neville: The Acting Chairman is not the Ceann Comhairle, Deputy John O’Donoghue. Let him off.

Minister of State at the Department of Agriculture, Fisheries and Food (Deputy John Browne): I will allow Deputy Sheehan to use some of my time.

Acting Chairman: The Minister of State will concede half a minute.

Deputy P. J. Sheehan: I join other Members in urging the Minister of State to take immediate steps to rectify this injustice to the 6,000 farmers who are trapped.

Deputy Dan Neville: Hear, hear.

Deputy P. J. Sheehan: Does the Minister of State want to have them working in vineyards and giving them nothing, while their counterparts in the REPS 4 scheme will be paid in a fortnight’s time? I ask the Minister of State to have compassion for the 6,000 farmers waiting for funding to pay their bills.

Deputy Dan Neville: Hear, hear.

Acting Chairman: I must bring Deputy Sheehan to Tallaght to visit my farmers.

Deputy P. J. Sheehan: Does the Acting Chairman have a big farm in Tallaght?

Deputy John Browne: I hope Deputy Sheehan appreciates that I gave him a minute or two of my time.. I thank Deputies Neville, Cregan, Doyle and Ferris for raising this issue.

Deputy Brendan Howlin: And Deputy Sheehan.

Deputy John Browne: I apologise — and Deputy Sheehan. I join them in wishing Mr. O’Brien a speedy recovery to full health. Like Deputies on all sides of the House, I regard REPS as one of the most successful farming schemes we have ever operated. Since its introduction in 1994, it has delivered more than \2 billion in payments to farmers. However, it is about much more than money. It is a scheme which has brought many benefits to the environment and to society as a whole. It enables farmers to remain viable while farming in ways compatible with protecting and improving the environment, safeguarding biodiversity and contributing to better water quality. The import-

897 Grant 12 February 2008. Payments

[Deputy John Browne.] ance of REPS is given the strongest recognition in the programme for Government, with the commitment to further promote the benefits of the scheme and achieve a participation rate of 70,000 farmers. For generations, farmers and farm families have been the keepers of Ireland’s rural landscape and rural environment. Modern farmers are extremely conscious of their responsibility for this heritage and they want to maintain it and pass it on to future generations. REPS helps them to do this. The payments may be made directly to farmers, but the benefits are for everyone. We are now into REPS 4. When the Minister for Agriculture, Fisheries and Food, Deputy Coughlan, launched the new scheme last August she pointed to the fact that \3 billion had been provided for it over the period of the new rural development programme, which runs to 2013. The Government’s commitment to REPS is demonstrated by the fact that this includes \1.6 billion of national funds, almost double the national provision in the seven years to 2006. On this point, I want to take this opportunity to state clearly that no issue arises with regard to the availability of funds for REPS this year. My Department’s Vote contains money to meet all commitments arising under REPS, and the first payments will go out this week to REPS 4 farmers under contracts which commenced in 2007. In line with the social partnership agreement, Towards 2016, all payment rates in REPS 4 are increased by 17% compared to REPS 3. This means that the average REPS farmer will receive \7,220 per year in REPS 4, while a farmer with 55 hectares will qualify for more than \10,000. REPS 4 will help to protect the rural landscape, increase biodiversity and improve water quality. It will encourage farmers to enhance the environment through a range of actions. These include a reduction in the use of fertilisers and pesticides, which will contribute to lower greenhouse gas emissions as well as improved water quality. The scheme also helps to maintain existing hedgerows and promotes the planting of new ones. Some REPS farmers will grow crops to provide food for wild birds. Others will preserve traditional breeds of animals. When REPS 3, the previous version of the scheme, closed to new entrants in December 2006 more than 59,000 farmers were taking part. We expect these numbers to grow under REPS 4. I am particularly glad to be able to state that, as we have a derogation for more intensive farmers under the nitrates regulations, they are eligible to apply for REPS for the first time. Since REPS was first introduced in 1994, it has been our practice to pay the farmer at the start of each year of the five-year contract.

Deputy Brendan Howlin: Who was in Government in 1994?

Deputy John Browne: This was in recognition of the reality that farmers may have to make capital investments and spend money throughout their contracts to bring their farms up to REPS standards. It is a system which proved attractive to farmers and worked well. REPS 4 operates under different EU regulations from previous versions of the scheme. If applied to the letter, these would mean a departure from the existing practice of paying the farmer at the start of each contract year. My officials explained this situation to the farming organisations and, with their encouragement, looked for the Commission’s agreement to continue the existing system. It was at this point, early in January, that the Commission — out of the blue -suggested we had been wrong all along to pay at the start of the REPS contract year. We were astounded by this, because the Commission had been fully aware of the way we operated. It had been commented on during successive visits by auditors from the Commission and the Court of Auditors. Never before had anyone suggested that we should not be doing this.

898 Environmental 12 February 2008. Policy

At that stage in January, we had already paid more than \6 million to farmers in REPS. Once we knew the Commission was taking this line, we had to put further payments on hold while we set about trying to persuade it to take a different view. This decision was taken extremely reluctantly and there is no question of the Department taking a decision unilaterally. We were aware it would come as bad news to farmers who were expecting their payments. However, when schemes are operated in ways not in line with EU regulations the Commission can, and does, impose disallowances. Ultimately the taxpayer has to foot the bill. This was a risk we could not take. Department officials have met the Commission twice in recent weeks about this situation. They argued strongly that the practice of paying at the start of the contract year is well established and one of which the Commission is well aware. When Commissioner Fischer Boel was in Dublin two weeks ago to attend the annual general meeting of the IFA, the Minister for Agriculture, Fisheries and Food, Deputy Coughlan, took the opportunity to make the same points strongly and directly to her. The Minister emphasised the seriousness with which she regards the situation. The Minister and her officials continue to press for a quick and pragmatic resolution to the issue and high-level contacts continue on a daily basis. We do not welcome this situation. We are making it clear to the Commissioner and her officials that there is a real risk of damaging farmers’ confidence in what we can describe without contradiction as the most successful agri-environmental measure in all of Europe. I appreciate that farmers are suffering by being caught up in this uncertainty but I can assure all concerned that the Minister and her officials are pressing the Commission for a quick resolution so that prompt payments can continue to be made as before.

Environmental Policy. Deputy Brendan Howlin: I welcome the Minister of State at the Department of the Envir- onment, Heritage and Local Government, Deputy Hoctor, and I am glad the Minister of State at the Department of Agriculture, Fisheries and Food, Deputy Browne, is still in the House. I am sorry the Minister for the Environment, Heritage and Local Government, Deputy Gormley, is not here to respond personally to what I regard as one of the most important issues I have raised on behalf of my constituency since I became a Member of this House 21 years ago. On 13 December 2007, the European Court of Justice gave a judgment in a case taken by the Commission against Ireland under the birds directive. Among the findings in this judgment, which I read, was that we have an inadequate number and size of areas classified as special protection areas, contrary to Articles 4.1 and 4.2 of the birds directive. I read not only the legal judgment but the recitals of all the ongoing dialogue and the legal exchanges between Ireland and the European Commission since 1998. In a panicked response to this judgment, the Government has begun a process of designating new areas. Last week, I spoke to the assistant director of the National Parks and Wildlife Service. He told me areas such as Dublin Bay, Galway Bay and Cork Harbour are being examined. I wish the Government had started there because when the extent of what is proposed is seen it will cause such an outcry that it must be changed. The proposed designation of Wexford Harbour up to Enniscorthy, the home town of the Minister of State, Deputy Browne, is quite scandalous, taking in a huge swathe of south County Wexford. No one has any difficulty with protecting bird species; we are all at one on the need to do this. The extent, however, of the designation laid out in the proposals under the directive will be to ruin Wexford. In the words of a senior public official in Wexford yesterday, it is the erection of an economic barrier around the town.

899 Environmental 12 February 2008. Policy

[Deputy Brendan Howlin.]

I will remind the Minister of State the activities that will require ministerial consent under this proposal. Among them is the harvesting of marine species, unless for personal use and not exceeding certain limits. This is in one of the most productive harvesting harbours in Ireland with a multi-million euro industry in mussel fisheries. Another activity is the 9 o’clock construction or alteration of tracks, paths, roads, embankments, car parks or access routes. Among the areas designated as a bird sanctuary is the park-and- ride car park for Wexford town. Any activity that develops, operates or allows leisure or sporting facilities that might cause disturbance to the birds requires ministerial consent. Wexford Harbour is a leisure harbour attracting thousands of visitors. Any activity which destroys habitats means any building on the lands contiguous to Wexford will be banned. That also includes reclamation, infilling and dredging with the final, catch-all comment, “any other activity”. This proposal is wholly unacceptable and illogical and must be changed. As I speak, a public meeting in Wexford with 600 people attending is under way. That will be the thin end of the wedge of public reaction. This proposal puts in immediate jeopardy multi-million euro projects, including the expansion of the Wexford main drainage scheme to give a 45,000 population equivalent. The Labour Party and others want the Lisbon treaty voted through in several months. However, this sort of cack-handed implementation of EU policy will destroy public confidence in the EU and public support for the Lisbon reform treaty. This must be addressed immediately. Otherwise, there will be a public outcry of resistance in Wexford to the economic sabotage to the future of our town. I hope the Minister of State will bring to the Minister for the Environment, Heritage and Local Government my strong feelings and those of the thousands in my county agitated by this proposal. I expect a speedy, sympathetic, realistic and logical response.

Deputy Ma´ire Hoctor: I am taking this matter on behalf of the Minister for the Environment, Heritage and Local Government, Deputy Gormley. EU member states are required under the birds directive to protect birds at their breeding, feeding, roosting and wintering areas. The directive was transposed by the European Communi- ties (Natural Habitats) Regulations 1997, as amended in 1998 and 2005. These regulations enable the Minister for the Environment, Heritage and Local Government to designate the most important conservation areas as special protection areas, SPAs, and to afford them legal protection. The Department engaged in a nationwide roll-out of SPAs. The exercise included redesig- nation of SPA sites, some of which, like Wexford Harbour, were first designated ten years ago. This work is particularly required as part of Ireland’s response to litigation being pursued by the European Commission under the birds directive. An adverse judgment delivered by the European Court of Justice against Ireland in December 2007 means we must press ahead with this programme. On 16 December 2007, as part of the programme, the Department proposed three sites in County Wexford for designation as SPAs for wild birds — Lady’s Island Lake, Ballyteigue Burrow and Wexford Harbour and Slobs. Details of the proposals to designate these sites were published in the regional press and local radio. While these are not new designations, the boundaries have been extended in some areas. Landowners and others identified by the Department’s National Parks and Wildlife Service, NPWS, as having land or holding rights or licences in SPAs were notified directly in writing. They were provided with a site map and description, list of activities that might damage the site, procedures for objecting to the desig-

900 Environmental 12 February 2008. Policy nation proposal and details of compensation provisions. Objections on scientific grounds to these proposals may be submitted within three months from the date of their publication. Wexford Harbour and Slobs SPA consists of the natural estuarine habitats of Wexford Har- bour, the reclaimed polders known as the north and south Slobs and the tidal river component of the Slaney.

Deputy Brendan Howlin: That goes right up to Enniscorthy.

Deputy Ma´ire Hoctor: The seaward boundary extends from the Rosslare Peninsula in the south to an area just west of Raven Point in the north. The SPA stretches upriver as far as Enniscorthy. Contrary to some allegations, the urban area of Wexford is not included in the area proposed for designation. Wexford Harbour and Slobs is one of the top three sites in diversity of wintering birds and regularly supports well in excess of 20,000 water birds. The combination of estuarine habitats, include shallow waters for grebes, diving duck and seaduck, and the farmland of the polders, which include freshwater drainage channels, provides optimum feeding and roost areas for a wide range of species. It is one of the two most important sites in the world for the Greenland white-fronted goose. To protect ecologically important sites, certain potentially harmful works are restricted within SPAs. These works, notifiable actions or operations requiring consent, are liable to destroy or significantly to alter, damage or interfere with the ecology of the site. They vary depending on the type of habitat present. A landowner or land-user contemplating works that might harm a designated habitat is required to seek the consent of the Minister. In practice, the local NPWS conservation ranger will be able to provide advice to a landowner on what may or may not require consent.

Deputy Brendan Howlin: Where stands the main drainage scheme?

Deputy Ma´ire Hoctor: Operations which require consent would include, for example, altering watercourses or wetlands, burning areas of vegetation, harvesting marine species, construction or alteration of tracks, paths, roads, embankments, car parks or access routes, dumping, burning or disposal of any materials, reclaiming land for agricultural purposes, planting of trees, reclamation or infilling, removal of soil, mud, sand, gravel, rock or minerals, etc. The fair application of these protective measures would not have any serious economic consequence for the people of Wexford town. It is not envisaged that there would be a need to interfere with current levels of recreational use of the site. The Government is committed to the payment of a fair and proper level of compensation to landowners and land-users who are at a financial loss as a result of the designation of a SPA. Lands within a SPA or a commonage constitute target areas under measure A, conservation of natural heritage of REPS, as operated by the Department of Agriculture, Fisheries and Food. Under that scheme generous top-up payments are available to those who have land in designated area. Separate from REPS, the Department of the Environment, Heritage and Local Government runs a farm plan scheme which allows a landowner to seek compensation for actual losses or costs incurred due to restrictions placed on existing activities solely as a result of the inclusion of an area in a special protected area. Any proposed large-scale development in the area would go through normal planning processes and be subject to appropriate assessment from an environmental perspective. However,

901 The 12 February 2008. Adjournment

[Deputy Ma´ire Hoctor.] the footprint of this SPA designation is on the water surface. Consequently, I do not envisage such development issues as being particularly problematic in this context.

Deputy Brendan Howlin: I will show the Minister of State the map.

The Da´il adjourned at 9.10 p.m. until 10.30 a.m. on Wednesday, 13 February 2008.

902 Questions— 12 February 2008. Written Answers

Written Answers.

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

————————

Questions Nos. 1 to 7, inclusive, answered orally.

Questions Nos. 8 to 107, inclusive, resubmitted.

Questions Nos. 108 to 116, inclusive, answered orally.

Arts Council. 117. Deputy Deirdre Clune asked the Minister for Arts, Sport and Tourism the key recommendations of the arts and education committee report; the action he will take in reaction to these recommendations; if he has been in consultation with the Department of Education and Science on the issue; and if he will make a statement on the matter. [4871/08]

134. Deputy Ruairı´ Quinn asked the Minister for Arts, Sport and Tourism when the report of the arts and education committee will be published in view of the statement from the Depart- ment of Education and Science that the publication is a matter for his Department; and if he will make a statement on the matter. [4755/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): I propose to take Questions Nos. 117 and 134 together. The publication of the report of the Arts and Education Committee is a matter for the Arts Council, as the Committee’s remit was to advise the Council on how best to align the Council’s strategies for the promotion and encouragement of the arts with the priorities of the formal education system. Since the Arts Council presented me with a copy of the draft report meetings have been taking place between officials from my Department, the Department of Education and Science and the Arts Council to consider the recommendations of the report. An inter- agency work group is currently examining the report with a view to identifying ways of implementing and giving effect to the practical recommendations that it contains. The work of this group will inform the response to the report when it is published.

National Museum. 118. Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism the plans being 903 Questions— 12 February 2008. Written Answers

[Deputy Olivia Mitchell.] considered for the Natural History Museum’s collection while the museum is being refurbished; and if he will make a statement on the matter. [4921/08]

135. Deputy Eamon Gilmore asked the Minister for Arts, Sport and Tourism the progress made towards moving some of the items normally on display in the Natural History Museum to alternative sites for the period during which restoration works will be required on the Natural History Museum site on Merrion Square; and if he will make a statement on the matter. [4759/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): I propose to take Questions Nos. 118 and 135 together. As I stated in my reply to Parliamentary Question No. 35067/07 on the 18th December 2007, the Natural History Museum is a particularly popular institution with the public and I am anxious that they would not be deprived of the opportunity to view its exhibits for the duration of the period necessary for its repair and redevelopment, if at all possible. Since the National Museum of Ireland became an autonomous statutory body under the National Cultural Insti- tutions Act, 1997 on 3rd May 2005, the Board of the National Museum is statutorily responsible for operational matters concerning its collection. In discussions with the Chairman of the Board and the Director of the National Museum of Ireland, I have emphasised the importance of alternative viewing arrangements during the duration of the refurbishment period. While the National Museum intends to utilise the refurbishment period to carry out conservation works on many of the exhibits and is currently developing a plan for the dismounting, documenting and storage of the exhibits, it is also considering the possibility of displaying elsewhere during the period in question a selection of the exhibits currently in the Natural History Museum. The National Museum has been carrying out an assessment of possible locations within its own premises to house these exhibits. It has also carried out a preliminary assessment of a number of locations external to the Museum. In assessing the suitability of these various venues, the Museum must ensure that the venue is suitable from a security and environmental control perspective and that public accessibility is appropriately provided for. I look forward to the Museum deciding on exhibition locations when it has completed its assessment of potential venues.

Tourism Industry. 119. Deputy John Deasy asked the Minister for Arts, Sport and Tourism if a review of the implementation of the tourism policy review group, New Horizons for Irish Tourism: An Agenda for Action, is currently being carried out; when it will be published; and if he will make a statement on the matter. [4887/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): The Report of the Tourism Policy Review Group, New Horizons for Irish Tourism: An Agenda for Action, was published in September 2003. It set out a 10 year Strategy for the tourism sector and laid down ambitious targets for the industry namely, 10 million visitors per annum and \6 billion in foreign revenue earnings by 2012. Following publication of the New Horizons Report, a high-level group — the Tourism Action Plan Implementation Group — was appointed to drive forward implementation of the Strategy for an initial two-year period. Its final report, in 2006, highlighted that good progress had been made on over 80% of the seventy-six actions recommended by the Review Group in the initial two-year action plan. The progress report also pointed to a number of areas where progress had been less satisfactory, including pressure on competitiveness, the need for innovation and product development.

904 Questions— 12 February 2008. Written Answers

A new Tourism Strategy Implementation Group was appointed in 2006 to oversee the implementation of the outstanding recommendations in the New Horizons report, to review the targets in the light of performance to date, and to recommend a possible framework for a mid term review due to take place in 2008. The Implementation Group has met on a number of occasions and has worked with the tourism industry and public sector bodies to help address a number of key areas, including, value for money, productivity and skills, sustainability, regional spread and product development. I am advised that the Tourism Strategy Implementation Group is at present preparing to report to me on progress, outlining achievements and developments in the sector over the past two years and initiatives underway to address ongoing challenges. The Group will report on developments in relation to its terms of reference, including

• implementation of the outstanding elements of the strategy set out in New Horizons for Irish Tourism: An Agenda for Action

• a review of the targets set out in New Horizons for Irish Tourism in light of the performance to end-2006; and

• recommendations on the scope and methodology for a mid-term review of the strategy which will be carried out in 2008.

I expect to receive the report of the Group shortly and I will consider how best to implement the mid-term review of the Tourism Strategy in light of its recommendations.

Swimming Pool Projects. 120. Deputy David Stanton asked the Minister for Arts, Sport and Tourism when he will re- launch the local authority swimming pool programme in view of the fact that the closing date for applications under the current programme was 31 July 2000; if the expenditure review of the programme has been finalised; when this will be published; and if he will make a statement on the matter. [4939/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): A Value for Money and Policy Review Report of the Local Authority Swimming Pool Programme has been completed by my Department. The Report examined, among other things, how the programme has worked to date and what changes, if any, are required to ensure its effective and efficient delivery. Following consideration of the recommendations in the Report, it is my intention to launch a new round of the Local Authority Swimming Pool Programme.

Question No. 121 answered with Question No. 114.

Decentralisation Programme. 122. Deputy Joan Burton asked the Minister for Arts, Sport and Tourism the number of departmental staff who have decentralised from the Dublin offices of his Department to the new offices in Killarney, County Kerry; the number of staff within the agencies under the aegis of his Department who have decentralised; if he is satisfied with the progress in decentralising his Department and related agencies; and if he will make a statement on the matter. [4765/08]

338. Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism the number of staff currently operating from Killarney; and if he will make a statement on the matter. [5091/08]

905 Questions— 12 February 2008. Written Answers

339. Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism the number of staff in Killarney who were part of his Department prior to the Government announcement of the programme to decentralise; and if he will make a statement on the matter. [5092/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): I propose to take Questions Nos. 122, 338 and 339 together. Following the announcement of the Government’s decentralisation programme in the 2004 Budget, my Department, which has a staff of 131 excluding the National Archives, was designated an “early mover” by the Decentralisation Implementation Group. (DIG). To date, 70 staff have relocated to temporary accommodation in Fossa, Killarney, in two tranches, 45 staff in September 2006 and 25 staff in July 2007. The objective is to complete the decentralisation process by the end of 2008 by which time the Department will be operating from new purpose built offices in Killarney. The number of staff in my Department who have opted to decentralise to Killarney is 10, of which 5 staff have already decentralised to the Department’s premises in Fossa, Killarney. The remaining 5 staff will decentralise by the end of 2008. No staff from the State Agencies under the aegis of my Department, namely the Irish Sports Council, the Arts Council and Fa´ilte Ireland, have decentralised to any of the three designated locations, Killarney, Kilkenny or Mallow. Although these agencies have not been designated as “early movers” they have decentralisation implementation plans in place that are under constant review. The Office of Public Works (OPW) is currently assessing a number of options regarding suitable locations and properties.

Sports Capital Programme. 123. Deputy Jimmy Deenihan asked the Minister for Arts, Sport and Tourism if he will give preferential treatment to applications that involve multi-sports facilities when he is deciding on the awarding of grants under the 2008 sports capital programme; and if he will make a statement on the matter. [4935/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): Under the Sports Capital Programme, which is administered by my Department, funding is allocated to sporting and community organisations. It is the main vehicle for development of sports facilities at local, regional and national level throughout the country. The 2008 Sports Capital Programme was advertised on 13th & 14th of January last and the closing date for receipt of applications is 29th February for paper-based applications and 7th March for on-line applications. The programme is open to applications from local authorities and other community organisations for the development of multi-sport facilities. Under the 2007 programme, over \5m was allocated to large municipal multi-sport facilities. When you add to this the amount allocated to community based local multi-sport facilities, over \15m was allocated last year alone to multi-sport facilities. This is against a backdrop of sustained sports capital investment in this sector since 1998. In the period 1998 — 2007, sports capital funding of over \126 million was allocated to community and municipal multi-sport projects. These projects include sports facilities built by local authorities, community sports facilities and multi-sport clubs. The Sports Capital and Local Authority Swimming Pool programmes are managed in such a manner as to provide joined-up funding for pools and supplementary dry sports facilities, thus providing a full suite of amenities in a single location catering for an even wider range of recreational and competitive sports. In assessing all applications, my Department identified projects that will, among other considerations, have the greatest impact on increasing participation and improving performance. One of the ways applicants can demonstrate how a proposed project will raise participation is by providing letters of support from other clubs, schools

906 Questions— 12 February 2008. Written Answers and community organisations that will use their grant aided facilities. Practically all the facilities assisted by the Sports Capital Programme have provided such letters of support. For this year’s programme, in line with the commitment in the Programme for Government, applications for funding from schools must include a formal agreement between the schools and at least one local club allowing the club or clubs access to school sports facilities outside of school hours and during school holidays. Work on the National Sports Facility Strategy is underway with the assistance of a firm of consultants involving both national and international experts in the area of sports facilities. The aim of the strategy is to provide high-level policy direction for future investment/grant assistance at national, regional and local level. It is intended to identify the facilities requirement for sport so that participation at reasonable cost is feasible for those who wish to engage in sport at either amateur or elite level.

Swimming Pool Projects. 124. Deputy Fergus O’Dowd asked the Minister for Arts, Sport and Tourism the budget set aside under the swimming pool programme for 2008; and if he will make a statement on the matter. [4930/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): Under the National Development Plan 2007-2013, \184m has been allocated for the provision of public swimming pools under the Local Authority Swimming Pool Programme. In 2008, the Subhead provision for this programme is \20m. A Value for Money and Policy Review Report of the Local Authority Swimming Pool Programme has been completed by my Department. The Report examined, among other things, how the programme has worked to date and what changes, if any, are required to ensure its effective and efficient delivery. Following consideration of the recommendations in the Report, it is my intention to launch a new round of the Local Authority Swimming Pool Programme.

Sport and Recreational Development. 125. Deputy Brian Hayes asked the Minister for Arts, Sport and Tourism if he has carried out a national audit of sports facilities nationwide; if so, when this audit will be published; and if he will make a statement on the matter. [4903/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): As I have previously informed the House, the nationwide audit of sports facilities has commenced and is being carried out in stages to help speed up the availability of information. Phase One, which focuses on national and regional sports facilities, has now been completed within my Department. A database of sports facilities of national and regional significance has been compiled including details of facilities at third level educational institutions and swimming pools. Phase Two of the audit, which will commence shortly, is a more complex undertaking to establish a record of existing sports facilities at local level and identifying the need for future provision. The audit is part of a wider exercise to put in place a more strategic approach to the provision of sports facilities in Ireland. Work on the National Sports Facility Strategy is currently underway with the assistance of a firm of consultants involving both national and international experts in the area of sports facilities. The aim of the strategy is to provide high-level policy direction for future investment/grant assistance at national, regional and local level. It is intended to identify the facilities requirement for sport so that participation at reasonable cost is feasible for those who wish to engage in sport at either amateur or elite level.

907 Questions— 12 February 2008. Written Answers

[Deputy Se´amus Brennan.]

A key objective in relation to the preparation of the National Sports Facility Strategy is to ensure consistency — on a nationwide basis — in relation to the completion of the audit facility so that inter-regional planning can be undertaken. With this in mind, the preparation of a guidance pack and audit toolkit for use by Local Authorities and /or Local Sports Partnerships to assist them in carrying out local audit has been prioritised as part of the Sports Facility Strategy. This element of the strategy will greatly help in the completion of the audit and the compilation of a comprehensive database on the range and nature of sporting facilities at national, regional and local level.

Tourism Industry. 126. Deputy Joanna Tuffy asked the Minister for Arts, Sport and Tourism if he has instructed An Taisce to carry out an investigation into the likely effects future rises in sea levels and coastal erosion will have on the coastline and coastal tourist attractions here, in view of the report by the National Trust of the United Kingdom regarding the effects coastal erosion and sea level rises will have on tourist destinations in Northern Ireland; and if he will make a statement on the matter. [4764/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): I have no function in relation to issuing instructions to An Taisce, which is an independent non-governmental body. I understand that The Heritage Council and Fa´ilte Ireland have jointly commissioned a desk- based study to assess the impact of climate change on marine heritage and inland waterways, and the implications of these impacts for tourism. The project is currently underway and is due to be completed by April 2008. I also refer the Deputy to the answer given by my colleague, the Minister for the Environment, Heritage and Local Government, John Gormley TD, on Wednesday 30 January 2008, to a written question from Deputy Leo Varadkar, PQ Reference Number 2269/08.

Sport and Recreational Development. 127. Deputy Ruairı´ Quinn asked the Minister for Arts, Sport and Tourism the formal links that exist between his Department and the Department of Education and Science in view of the positive role played by sport and art in the development of school pupils; and if he will make a statement on the matter. [4772/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): The Department of Edu- cation and Science is represented on the inter-agency steering group which has been established by my Department to oversee the development of a National Sports Facility Strategy. The aim of the strategy is to provide high-level policy direction for future investment at national, regional and local level. The work of this group has included discussions with the Department of Education and Science on how its policy on the provision of sports hall facilities and my Department’s policy for the provision of sports facilities might be complementary. Links also exist between the Irish Sports Council (ISC), which is the statutory body with responsibility for the development of sport, including initiatives to promote sport among young people, and the Department of Education and Science. The ISC’s Buntu´ s Programme is being rolled out through the Local Sports Partnership network to primary schools. The Programme aims to support the primary PE curriculum by providing equipment, resource cards and training to teachers and allows teachers and introductory level coaches introduce sport to children in a

908 Questions— 12 February 2008. Written Answers safe and fun way. My Department is also represented on the National Youth Work Advisory Committee which is chaired by the Department of Education and Science. The Department of Education and Science has comprehensive and wide-ranging structures and programmes in place to support arts-related activities in all areas within their remit. Work has commenced at an interdepartmental level with the Arts Council, the Department of Edu- cation and Science and my Department to further explore, consolidate and enhance this service in the context of consideration of the recommendations of a draft Report prepared for the Arts Council by a Special Committee on the subject of Arts in Education. I refer the Deputy to my earlier reply to Parliamentary Question 4871/08 in this regard.

128. Deputy Jan O’Sullivan asked the Minister for Arts, Sport and Tourism the policy initiatives his Department instigated to promote sport amongst children as a way to combat childhood obesity; and if he will make a statement on the matter. [4770/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): The Government recognises that the response to the issue of obesity must address the various complex causes, including diet, lifestyle and environmental factors. As part of this response, we are aware that investment in sport can yield very tangible returns in improved fitness and health for individuals, which can help combat obesity and result in a consequent reduction in the demand on health services. My Department funds the Irish Sports Council (ISC), the statutory body responsible for the development of sport in Ireland on an annual basis, and has allocated over \57 million to the ISC in 2008. This significant level of funding ensures that the ISC can continue to embark on initiatives and programmes that increase participation in sport and physical recreation by people of all ages in the country. The Irish Sports Council’s current strategy, “Building Sport for Life” 2006 — 2008, identifies increasing participation in sport as a key objective and, based on its research programme with the Economic and Social Research Institute, sets specific targets in this regard. Children and young people are specific target groups. There are several ISC programmes and initiatives aimed at young people including the following:

• Buntu´ s is a series of programmes aimed at giving young children the best possible start to lifelong involvement in sport. Operated through the Locals Sport Partnership (LSP) network, it supports the PE Curriculum in Primary Schools and has also been adapted for pre-school children and a range of sports-specific initiatives (e.g. soccer, rugby, golf, basketball and badminton).

• Youth Field Sports initiatives include support for the work of the GAA, FAI and the IRFU in expanding their participation base, with a particular emphasis on young people and areas of low participation.

• The Women in Sport scheme is a dedicated programme that supports innovative programmes with governing bodies and sports partnerships that target inactive women, with a particular emphasis on teenage girls.

• Various projects within the LSP network target children and young people to promote greater levels of physical activity. Some of these projects have been supported in partnership with the Health Services Executive, thus recognising the need to challenge the issue of obesity through a multi-disciplined, cross-functional approach.

909 Questions— 12 February 2008. Written Answers

[Deputy Se´amus Brennan.]

The availability of sporting facilities is crucial to the greater involvement of young people in sporting activities. In that context the government has invested significantly in the provision of such facilities through the Sports Capital and Local Authority Swimming Pool programmes. In 2007 under the Sports Capital Programme grants to the value of \85m were awarded to 935 projects nationwide while under the Pool Programme 8 new swimming pools were opened. I will continue to monitor progress in this area closely and I am confident that the programmes provided by the Irish Sports Council to increase participation, especially those programmes targeted at children and young people, together with the continued investment in sports facilities will contribute significantly to combating the problem of childhood obesity in this country.

Sports Events. 129. Deputy Kathleen Lynch asked the Minister for Arts, Sport and Tourism the support he has given to the Football Association of Ireland proposal to host the 2011 UEFA Cup Final at Lansdowne Road; and if he will make a statement on the matter. [4758/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): At the opening to the new HQ for the Football Association of Ireland, at the National Sports Campus in Abbotstown, in December last, at which both I and the President of UEFA, Mr. Michel Platini, officiated, I took the opportunity to say that the new stadium at Lansdowne Road will be ready in 2010 and I hoped that UEFA will do us the honour of bringing the UEFA Cup Final in 2011 to Dublin so that the new stadium can be seen in all its splendour. During a fact finding exercise in Dublin by a UEFA team a senior official of my Department met the team and attended an event at which my case for holding the Cup Final in Dublin in 2011 was put forward. Naturally I hope that this ambition can be realised, but fully accept, of course, that this is a matter entirely for decision of the UEFA. I am happy to support the FAI in its bid to bring this prestigious event to Dublin.

Arts Funding. 130. Deputy David Stanton asked the Minister for Arts, Sport and Tourism his Department’s policy in relation to promoting and supporting drama; and if he will make a statement on the matter. [4938/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): Government Policy on the Arts is set out in the Programme for Government and will be elaborated further in my Depart- ment’s Statement of Strategy. My policy on the arts is to promote and strengthen the arts in all its forms, increase access to and participation in the arts, and make the arts an integral and valued part of our national life. Responsibility for the promotion of the arts at all levels throughout the country, including drama, is primarily devolved to the Arts Council. The Arts Council is the principal agency through which State funding is channelled to the arts. Under the Arts Act, 2003, the general functions of the Council include the following:

• to stimulate public interest in the arts;

• to promote knowledge, appreciation and practice of the arts;

910 Questions— 12 February 2008. Written Answers

• to assist in improving standards in the arts.

The Arts Council is a statutorily independent body, funded by my Department and independent in its day-to-day operations, including in relation to its funding decisions. Funding for the Arts Council has increased by over 72% from \47.67 million in 2002 to \82.102 million this year. These are significant amounts of money in any context and have transformed and increased access to the arts and allowed the Arts Council to support artists and arts organisations nationwide. The Government’s commitment to the arts is evidenced by these large increases in funding to the Arts Council. My Department has taken a direct role in relation to the provision of grant-aid for arts and culture infrastructure and has provided over \130m in funding for the capital development of facilities around the country in recent years. The Arts Capital Programme is designed to assist in the provision of high standard arts and culture infrastructure, thereby enhancing access to all aspects of the arts throughout the country. The programme has been widely acknowledged as a significant intervention in the provision of high quality arts and culture infrastructure around the country. Facilities funded to date include integrated arts centres, theatres, galleries, studios, and creative and performance spaces. In this manner the Department provides the bulk of capital funding for building and refurbishing arts facilities around the country, mainly in the not for profit sector, while the Arts Council provides the ongoing revenue support for many of the facilities. The National Development Plan, NDP, 2007-2013 provided \81 million for the Arts Capital Programme. I intend to announce another round of the programme this year.

Sports Funding. 131. Deputy Willie Penrose asked the Minister for Arts, Sport and Tourism the amount of the estimated \9 million cost that will be borne by the central Exchequer in relation to Tallaght Stadium; if is it reasonable to assume such funding will be allocated under the sports capital grants programme; if a significant amount of funding is allocated from the sports capital allocation, if this will have an effect on other applications for the sports capital allocations for 2008; if, in the event of funding being approved from the Exchequer for this programme, directives will accompany this funding in regard to utilising Tallaght Stadium as a mutli-use venue; and if he will make a statement on the matter. [4768/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): I recently visited the Tallaght Stadium which is due to become the home of Shamrock Rovers FC in 2009 and also a significant community amenity for that area of Dublin. I am pleased that all the obstacles facing this project have now been resolved. I have been assured by South Dublin County Council that the Contractor is ready to resume the works on the stadium within weeks and it is hoped that the first phase can be completed before the end of this year at an estimated cost of \9m. Phase One will see the completion of the stand on one side of the pitch with a seating capacity of 3,000, the playing surface, changing rooms and showers and other amenities. Officials from South Dublin County Council have met with officials from my Department to discuss the funding of the project. My Department has already allocated grants of \2.44m under the Sports Capital Programme to the development over the period 2000 to 2002. I have recently announced a new round of the Sports Capital Programme and I understand that South Dublin County Council will be making an application for funding for the project under the Programme. The normal terms and conditions of the Sports Capital Programme will apply to any successful

911 Questions— 12 February 2008. Written Answers

[Deputy Se´amus Brennan.] application. Any funding which may be approved in respect of this project will be met from within Subhead C1 of my Department’s vote which is specifically for supporting projects of this nature. Through the Sports Capital Programme this Government has invested considerable sums into important sporting infrastructure in every county of Ireland. Since 1998 a total of \568m has been allocated in sports capital funding to 6,716 sports projects across the country. The programme is open to any applicant with a suitable project which meets the terms and conditions of the programme. The assessment of applications is a competitive process and a limited amount of funding is available each year. With regard to the utilisation of Tallaght Stadium, that will be a matter for South Dublin County Council. However, the Council anticipates that, in addition to the use of the facilities by Shamrock Rovers, the stadium would accommodate other sporting, municipal and community events.

National Museum. 132. Deputy Bernard J. Durkan asked the Minister for Arts, Sport and Tourism if all artefacts available to the National Museum are on public display; the extent to which such items are kept in storage; and if he will make a statement on the matter. [4837/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): Since the National Museum of Ireland became an autonomous statutory body under the National Cultural Institutions Act, 1997 on 3rd May 2005, the Board of the National Museum is statutorily responsible for operational matters concerning its collection and I, as Minister for Arts, Sport and Tourism, do not have a statutory function in respect of operational matters.

National Concert Hall. 133. Deputy Ro´ isı´n Shortall asked the Minister for Arts, Sport and Tourism the status of the redevelopment of the National Concert Hall integrating the former University College Dublin site on Earlsfort Terrace; when he expects the international design competition to be put to tender; the estimated cost of the redevelopment of this site; the amount of this funding that will be supplied by the Exchequer; and if he will make a statement on the matter. [4774/08]

136. Deputy Jimmy Deenihan asked the Minister for Arts, Sport and Tourism the position regarding the proposed refurbishment of the National Concert Hall; and if he will make a statement on the matter. [4936/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): I propose to take Questions Nos. 133 and 136 together. As stated in my reply to Parliamentary Question No. 19323/07 of 5th July 2007, the Govern- ment has decided to redevelop the National Concert Hall which will incorporate a main auditorium with a seating capacity for 2,000 patrons, the existing auditorium will be retained as a rehearsal hall and mid-scale public performance space, and a smaller flexible hall. This three- hall configuration will enable the National Concert Hall to provide for public demand including the staging of key performances by top-class world artists at reasonable ticket prices, and will meet the requirement for universal access. It is envisaged that the Earlsfort Terrace buildings will be re-united with the Iveagh Gardens, facilitating increased public access, and new public rooms, cafes and restaurants would over-look the Gardens and the city.

912 Questions— 12 February 2008. Written Answers

Work is advancing well on the project. The form of the PPP competition has been agreed and competition documentation, including the preparation of the Public Service Benchmark, is being currently finalised. The competition will be underway within a number of months with a view to contracts being signed in 2009. The redeveloped National Concert Hall will be procured through a Design/Build/Finance /Maintain PPP contract. There will not be a separate competition for the design element; it will be part of the overall competition. As stated in my reply to question 25604/07 of 25th October 2007, I am not in a position to give figures at this stage as to the total cost of the project. The actual total cost associated with the redevelopment of the National Concert Hall will depend on the terms of the contract, which will be placed for this PPP project. That cost will be determined as a result of the PPP competition. Clearly in the compilation of the Public Sector Benchmark (PSB), against which all PPP bids will be assessed, an element will be built in for construction costs. That PSB and its component parts (of which construction costs is only one) has to remain confidential, of course, to protect the integrity of the PPP competition. I look forward to this project progressing speedily through the PPP process so that Dublin will have a Concert Hall which will be on a par with leading concert halls in capital cities throughout Europe, and which will enable the current and expanding market demand for musi- cal entertainment to be met.

Question No. 134 answered with Question No. 117.

Question No. 135 answered with Question No. 118.

Question No. 136 answered with Question No. 133.

National Theatre. 137. Deputy Ciara´n Lynch asked the Minister for Arts, Sport and Tourism the progress on the redevelopment of the National Theatre on Abbey Street; the estimated cost of this project; and if he will make a statement on the matter. [4773/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): In 2006 the Government decided to proceed with the redevelopment of the Abbey Theatre at George’s Dock on a Build, Finance and Maintain (BFM) basis. Arising from the Government decision, an Interagency Steering Committee was set up to oversee this project. The Committee is chaired by my Depart- ment and comprises representatives of the National Development Finance Agency, the Office of Public Works, the Abbey Theatre and the Dublin Docklands Development Agency. The Steering Group has met a number of times and is due to meet again on 21st February. At its first meeting in December 2006 the Committee decided, inter alia, that the Office of Public Works should prepare the documentation necessary for holding an international design competition for the new Abbey Theatre. A Project Team, chaired by the Office of Public Works and representative of the same agencies as the Steering Group has also been set up and is currently overseeing the arrangements for holding the international design competition. The OPW has asked the Royal Institute of the Architects of Ireland (RIAI) to organise the competition. The RIAI, with the assistance of the OPW and input from all key stakeholders is finalising the process of drafting the competition regulations. The technical documentation for the competition must be very carefully specified, in particular the detailed accommodation brief for the new theatre, work on which is now nearing completion.

913 Questions— 12 February 2008. Written Answers

[Deputy Se´amus Brennan.]

A jury was appointed late last year to select the winning design. The jury has representatives from the Department of Arts, Sport and Tourism, the OPW, the Dublin Docklands Develop- ment Authority, the Arts Council and the Abbey. It also includes international figures in the architectural and theatre worlds. It is expected that the design competition will be completed before the autumn of 2008. In the meantime, OPW are working on preliminary drafting of output specifications and continue to liaise with the NDFA. Technical, legal, insurance and financial advisors have been appointed by the NDFA, a theatre consultant is about to be appointed and work is continuing on the appointment of acoustic consultants, with a view to progressing the project as much as possible while the design competition is being held. A Process Auditor has also been appointed, in accordance with Department of Finance Guidelines. When a winning design has been chosen, the National Development Finance Agency will oversee the PPP procurement process, in accordance with PPP guidelines. Because of the nature of the PPP procurement process it would be inappropriate for me to comment on any estimated cost of the project at this stage.

Energy Consumption. 138. Deputy Joanna Tuffy asked the Taoiseach the amount of electricity used in the offices of his Department at Government Buildings for the past three years; if he will provide a monthly breakdown for this period; and if he will make a statement on the matter. [4364/08]

The Taoiseach: Electricity and gas supplies to Government Buildings/Leinster House are metered through the Houses of the Oireachtas. The actual quantity of electricity consumed by my Department is unavailable, as until recently the supply was not separately metered. The Office of Public Works are currently in the process of implementing proposals for a new energy centre for the complex, the details of which were outlined in a presentation to the Houses of the Oireachtas Commission on 12 December, 2007. Over the last three, years the OPW has been installing web-based energy monitoring units in all the large State buildings (circa 200) which monitor and record electrical and heating fuel consumption every 15 minutes. The data can be accessed via a dedicated web site. The target is to reduce carbon emissions in each building by 15% through local energy conservation campaigns, energy workshops and close monitoring of the performance of heating/air conditioning equipment. It will be possible for a Department to monitor the energy reductions via the internet site. In late 2007, the OPW installed sub-metering in my own Department on electrical supplies which will facilitate the separate monitoring and measurement of our energy consumption and allow us to target savings in this area. The first full years data will be available in late 2008.

Ministerial Appointments. 139. Deputy Leo Varadkar asked the Taoiseach, further to his interview on RTE´ news on 26 September 2006, the persons he has appointed to sit on the boards of public bodies during his term as An Taoiseach; and if he will make a statement on the matter. [4403/08]

The Taoiseach: The information sought by the Deputy concerning appointments made by me to the boards of public bodies during my term of Office as Taoiseach is set out in the schedule.

914 Questions— 12 February 2008. Written Answers

The relevant bodies are the National Statistics Board, the Law Reform Commission, the National Economic and Social Development Office, the National Centre for Partnership and Performance, the National Economic and Social Council, the National Economic and Social Forum, the National Forum on Europe, the Second Information Society Commission, Digital Media Development Limited and Campus and Stadium Ireland Development.

The National Statistics Board (NSB)

Name Occupation Date of Appointment

Ms. Paula Carey ICTU July 1999 Aug 2001 Feb 2004 Mr. Steve Couldwell Smith and Nephew Jan 1998 Mr. Frank Cunneen IBEC July 1999 Aug 2001 Feb 2004 Mr. Ciaran Dolan ICMSA July 1999 Aug 2001 Feb 2004 Mr. David Doyle Department of Finance Jan 1998 Ms. Mary Doyle Department of the Taoiseach Jan 2001 Aug 2001 Feb 2004 July 2007 Ms. Marian Harkin Teacher July 1999 Aug 2001 Mr. Con Lucey IFA July 2007 Mr. Dermot McCarthy Department of the Taoiseach July 1999 Mr. Danny McCoy IBEC July 2007 Mr. Michael McGrath Department of Finance July 2007 Mr. Derek Moran Department of Finance July 2003 Feb 2004 Ms Helen NicFhlannchadha Teacher Mar 2002 Dr. Patricia O’Hara Western Development Commission Feb 2004 Jul 2007 Mr. Cathal O’Loghlin Department of Finance Jan 1999 July 1999 Aug 2001 Professor Frances Ruane Trinity College, Dublin July 1999 Aug 2001 Mr. Paul Sweeney ICTU Sep 2006 July 2007 Professor Brendan Walsh University College Dublin Feb 2004 Jul 2007 Note: The Director General of the Central Statistics Office sits on the board of the NSB but is an ex officio member.

The Law Reform Commission

Position Name Date of Appointment

President Mr Justice Vivian Lavan 27 July 1998-21 February 2000 President Mr Justice Declan Budd 22 February 2000-21 February 2005 President Mrs Justice Catherine McGuinness 22 February 2005 Commissioner (Full-time) Arthur Plunkett 15 April 1997-19 March 2001

915 Questions— 12 February 2008. Written Answers

[The Taoiseach.] Position Name Date of Appointment

Commissioner (Part-time) Turlough O’Donnell 15 April 1997-5 August 1999 Commissioner (Full-time) Patricia T. Rickard-Clarke, 15 April 1997 (part-time) 1 October 2001 (full-time) Reappointed 30 September 2004 Reappointed 1 September 2007 Commissioner (Part-time) Dr. Hilary A Delaney, B.L. 15 April 1997 Reappointed 15 April, 2002 Resigned May 2005 Commissioner (Part-time) Professor Finbarr McAuley, B.C.L., 1 September 1999 LLB, Mphil, LLD Reappointed 1 September 2004 Reappointed 1 September 2007 Commissioner (Part-time) Marian Shanley 13 November 2001 Reappointed 12 November 2004 Reappointed 1 September 2007 Commissioner (Part-time) Donal O’Donnell 28 June 2005 (replaced Dr. Hilary A. Delaney, BL) Reappointed 1 September 2007

National Economic and Social Development Office (NESDO)

Name Occupation/Organisation Date of Appointment

Chairperson Dermot McCarthy Secretary General, Department of 01/01/07 the Taoiseach. Chairperson, NESC. Mary Doyle Assistant Secretary General, 01/01/07 Department of the Taoiseach. Deputy Chairperson, NESC. Dr. Maureen Gaffney Chairperson, NESF. 01/01/07 Mary Doyle Assistant Secretary General, 01/01/07 Department of the Taoiseach. Deputy Chairperson, NESF. Mr. Peter Cassells, Chairperson, NCPP. 01/01/07 Mr. Philip Kelly Assistant Secretary General, 01/01/07 Department of the Taoiseach. Deputy Chairperson, NCPP.

National Centre for Partnership & Performance (NCPP)

Name Occupation / Organisation Date of Appointment

Executive Chairperson Mr. Peter Cassells October 2001-April 2004 reappointed: 7 November 2005 Government Departments Mr. Philip Kelly, Asst. Dept. of the Taoiseach October 2001 Secretary reappointed: 24 January Deputy Chairperson 2006 Mr. Ciaran Connolly, Asst. Dept. of Finance October 2001 Secretary reappointed: 24 January 2006 Mr. John Walsh, Asst. Dept. of Enterprise, June 2002 — (replaced Secretary (retired) Trade& Employment Mr. Maurice Cashell) Reappointed: 24 January 2006

916 Questions— 12 February 2008. Written Answers

Name Occupation / Organisation Date of Appointment

Employers Mr. Brendan McGinty Director, October 2001 Human/Industrial Reappointed: 24 January Resources, IBEC 2006 Mr. Liam Doherty Director, Human October 2001 Resource Services, Reappointed: 24 January IBEC 2006 Mr. Gavin Marie IBEC replaced Mr. Liam Doherty in April 2007 Mr. Eddie Keenan CIF 24 January 2006 Ms. Irene Canavan Arnotts 24 January 2006 Mr. Morgan Nolan Industrial Relations,CIF Jan 2004 — (replaced Terry McEvoy) Trade Unions Mr. Fergus Whelan Industrial Officer, ICTU October 2003 — replaced Mr. Tom Wall Reappointed: 24 January 2006 Mr. Jerry Shanahan AMICUS 24 January 2006 Ms. Catherine Byrne INTO 24 January 2006 Mr. Des Geraghty Member of Executive September 2004 — Council, ICTU (replaced Mr John Tierney, MSF) Mr. Gerry McCormack SIPTU 24 January 2006 Ms Angela Kirk IMPACT September 2004 — (replaced Ms Marie Levis) Mr. Sean Heading, Education & Training Services Trust has been nominated by ICTU as an alternate Independent Members Prof. Joyce O’Connor National College of 24 January 2006 Ireland Ms. Dorothy Butler Scally Human Resources 24 January 2006 Consultant Dr. Catherine Kavanagh UCC 24 January 2006

National Economic and Social Council (NESC)

NESC 1997-2008 Name Occupation/Organisation Date of Appointment

Chairperson Paddy Teahon Secretary General Department of 1998 the Taoiseach Dermot McCarthy Secretary General Department of Nov 2000 the Taoiseach Sept 2003 June 2007

Deputy Chairperson Dermot McCarthy Assistant Secretary Department of 1998 the Taoiseach Mary Doyle Assistant Secretary Department of June 2001 the Taoiseach Sept 2003 June 2007

Trade Union Pillar David Begg General Secretary, ICTU Aug 2001 Nominees Sept 2003 June 2007 Peter Cassells ICTU Nov 1998

917 Questions— 12 February 2008. Written Answers

[The Taoiseach.] NESC 1997-2008 Name Occupation/Organisation Date of Appointment

Patricia O’Donovan ICTU Nov 1998 Joan Carmichael (replaced Patricia ICTU June 2001 O’Donovan) Sept 2003 Sally Anne Kinahan (replaced Joan ICTU Jan 2004 Carmichael) June 2007 Peter McLoone IMPACT Nov 1998 Sept 2003 June 2007 Charlie Lennon ASTI Nov 1998 Des Geraghty (replaced Charlie SIPTU June 2001 Lennon) Jimmy Somers SIPTU Nov 1998 Manus O’Riordan (replaced Jimmy SIPTU Mar 2000 Somers) Sept 2003 June 2007 Jack O’Connor SIPTU Sep 2003 June 2007

Business and Employer Turlough O’Sullivan IBEC Nov 2001 or Organisation Pillar June 2007 Nominees Aileen O’Donoghue (replaced IBEC Sep 2003 Turlough O’Sullivan) June 2007 Simon Nugent CCI Nov 1998 Tom Toner IBEC Nov 1998 Brian Geoghegan (replaced Tom IBEC Mar 2001 Toner) Sept 2003 Danny McCoy (replaced Brian Oct 2005 Geoghegan) June 2007 John Dunne CCI Nov 2001 Sept 2003 June 2007 Liam Kelleher CIF Nov 1998 Sept 2003 June 2007 Brendan Butler IBEC Nov 1998 Sept 2003

Agricultural and Gregg Tierney ICOS Nov 1998 Farming Organisation Pillar Nominees Seamus O’Donohue (replaced Irish Co-operative Organisation April 2000 Gregg Tierney) Society Sept 2003 June 2007 Ciaran Dolan ICMSA Nov 1998 Sept 2003 June 2007 Eddie Punch General Secretary, ICSA June 2007 Michael Berkery General Secretary, IFA Nov 1998 Sept 2003 June 2007 Tom Curren Macra na Feirme Nov 1998 Maria Moynihan (replaced Tom Macra na Feirme Oct 1999 Curren and resigned July 2000)

918 Questions— 12 February 2008. Written Answers

NESC 1997-2008 Name Occupation/Organisation Date of Appointment

Damian McDonald Macra na Feirme Nov 1998 Sept 2003 June 2007 Colm Markey National President, Macra na June 2007 Feirme Con Lucey Chief Economist, IFA Nov 1998 Sept 2003

Community and Fr. Sean Healy CORI Nov 1998 Voluntary Pillar Sept 2003 Nominees June 2007 Dr. Katherine Zappone National Women’s Council Nov 1998 Orla O’Connor (replaced Katherine National Women’s Council April 2000 Zappone) Siobhan O’Donoghue Community Workers Co-operative Nov 1998 Dan Boyle National Youth Council Nov 1998 Donal Geoghegan (replaced Dan National Youth Council September Boyle) 2002 Sept 2003 Tony Monks INOU Nov 1998 Noeleen Hartigan (replaced Tony INOU Nov 2001 Monks) Deirdre Garvey The Wheel Sep 2003 Mike Allen INOU Nov 1998 John Mark McCafferty Saint Vincent de Paul Sep 2003 John Dolan Disability Federation of Ireland Sep 2003 June 2007 Seamus Boland Chief Executive, Irish Rural Link June 2007 Brid O’Brien INOU June 2007 Camille Loftus Community Platform June 2007

Government Secretary General Dept of Finance Nov 1998 Department Sept 2003 Nominees June 2007 Secretary General Dept of Enterprise, Trade and Nov 1998 Employment Sept 2003 June 2007 Secretary General Dept of Social and Family Affairs Nov 1998 Sept 2003 June 2007 Secretary General Dept of Communications, Nov 1998 Marine & Natural Resources Sept 2003 (Formerly Department of Public June 2007 Enterprise) John Fitzgerald Dublin City Manager, Dublin City Nov 1998 Council Secretary General Department Environment, Sep 2003 Heritage & Local Government June 2007 Secretary General Department of Education and June 2007 Science

Independent Nominees Jim Walsh Dept of Geography NUI Maynooth Nov 1998 Prof. John Fitzgerald ESRI Nov 1998 Sept 2003 Irene Bergin ISME Aug 1998

919 Questions— 12 February 2008. Written Answers

[The Taoiseach.] NESC 1997-2008 Name Occupation/Organisation Date of Appointment

Angela Kennedy (replaced Irene Megazame International Feb 2001 Bergin) Geraldine McAteer West Belfast Partnership Nov 1998 David Finn (replaced Angela Aer Rianta Official Nov 2001 Kennedy who resigned July 01) Prof. Brigid Laffan UCD Sep 2003 Prof. Eithne McLaughlin Queens University Sep 2003 Dr. Peter Bacon Economic Consultant Sep 2003 Colin Hunt Goodbody Stockbrokers Sep 2003 Dr. Sean Barrett (replaced Colin Economic Consultant, TCD Jan 2005 Hunt) June 2007 Con Lucey Economist, IFA June 2007 Prof. Peter Clinch UCD June 2007 Prof. Elizabeth Meehan Queens University June 2007

National Economic and Social Forum (NESF)

Full Membership Name Occupation/Organisation Date of Appointment

Independent Chairperson Maureen Gaffney October 1998 Jan/Feb 2004 May 2007

Deputy Chairperson Dermot McCarhty October 1998 Deputy Chairperson Mary Doyle Asst. Sec., Dept. of the Jan/Feb 2004 Taoiseach May 2007

Strand (i): Oireachtas John Curran Fianna Faíl TD Dec 2007 Michael McGrath Fianna Faíl TD Dec 2007 Cyprian Brady Fianna Faíl TD Dec 2007 Sean Ardagh Fianna Faíl TD Dec 2007 Senator Geraldine Feeney Fianna Faíl Dec 2007 Senator Mark MacSharry Fianna Faíl Dec 2007 Senator Brian O´ Fianna Faíl Dec 2007 Domhnaill Senator Paul Coghlan Fine Gael Jan/Feb 2004 Damien English Fine Gael TD Jan/Feb 2004 Paul Kehoe Fine Gael TD Jan/Feb 2004 Sean Sherlock Labour TD Dec 2007 Willie Penrose Labour TD Dec 2007 Senator Dan Boyle Green Party Dec 2007 Dan Neville Fine Gael February 2008 Terence Flanagan Fine Gael February 2008 Paul Coughlan Fine Gael February 2008 Jerry Buttimer Fine Gael February 2008 Gerry Reynolds Fine GAel October 1998 Paul McGrath Fine Gael October 1998 Bill Timmins Fine Gael October 1998 Therese Ridge Fine Gael October 1998 Derek McDowell Labour October 1998

920 Questions— 12 February 2008. Written Answers

Full Membership Name Occupation/Organisation Date of Appointment

Joe Costello Labour October 1998 Michael Lowry Independent October 1998 Noel Ahern Fianna Fail October 1998 Sean Haughey Fianna Fail October 1998 Beverly Cooper Flynn Fianna Fail October 1998 Michael Kitt Fianna Fail October 1998 Helen Keogh PDs October 1998 Pascal Mooney Fianna Fail October 1998 Marget Cox Fianna Fail October 1998 Mary Jackman Fine Gael October 1998 Senator Ronan Mullen Independents Dec 2007

Strand (ii): Employer/ Trade Unions Employer/Business Jackie Harrison IBEC January/February 2004 Organisations Aileen O’Donoghue IBEC October 1998 Brian Geoghegan IBEC October 1998 Maria Cronin IBEC October/November 2004 (replaced Jackie Harrison) Tony Donohue IBEC September 2006 (replaced Maria Cronin) May 2007 Heidi Lougheed IBEC January/February 2004 May 2007 Lillian O’ Carroll SFA October 1998 Patricia Callan Small Firms Association January/February 2004 May 2007 Mirette Corboy CIF October 1998 Kevin Gilna Construction Industry January/February 2004 Federation Dr. Peter Stafford Construction Industry replaced Kevin Gilna Oct Federation 05 May 2007 Robert O’Shea Chambers of January/February 2004 Commerce/Tourist Industry/Exporters Association Alison Begas Chambers of Commerce October 1998 Sean Murphy Chambers of replaced Robert O’ Shea Commerce/Tourist Aug 05 Industry/Exporters May 2007 Association

Trade Unions Eamon Devoy Technical Engineering & October 1998 Electrical Union January/February 2004 May 2007 John Tierney ICTU October 1998 Rosaleen Glacken ICTU October 1998 Blair Horan Civil & Public Service October 1998 Union January/February 2004 May 2007 Jerry Shanahan AMICUS January/February 2004 May 2007

921 Questions— 12 February 2008. Written Answers

[The Taoiseach.] Full Membership Name Occupation/Organisation Date of Appointment

Manus O’Riordan SIPTU Octber 1998 January/February 2004 May 2007 Paula Carey ICTU January/February 2004 Esther Lynch ICTU Sept 2006 (Replaced Paula Carey) May 2007

Agricultural/Farming Mary McGreal Irish Farmers Association Jan/Feb 2004 Organisations John Dillon IFA October 1998 Michael Doody Irish Creamery Milk Jan/Feb 2004 Suppliers Association May 2007 Mary Coleman ICOS October 1998 Mary Johnson Irish Co-Operative Jan/Feb 2004 Organisation Society Eileen Doyle Macra na Feirme October 1998 Carmel Brennan Macra na Feirme Jan/Feb 2004 Pat O’Rourke ICMSA October 1998 Eva Coyle ICWA October 1998 Anne Murray Irish Country Women’s Jan/Feb 2004 Association Carmel Dawson Irish Country Women’s June 2006 (Replaced Anne Association Murray) May 2007 Emer Duffy Irish Co-Operative May 2007 Organisation Society Michael Berkery General Secretary IFA May 2007 Catherine Buckley Macra na Feirme May 2007

Strand (iii) Community & Voluntary Sector Women’s Organisations Orla O’Connor National Women’s Council Jan/Feb 2004 of Ireland May 2007 Grainne Healy NWC October 1998 Ursula Barry NWC October 1998 Susan McNaughton NWC October 1998 Joanna McMinn National Women’s Council Jan/Feb 2004 of Ireland

Unemployed June Tinsley INOU Jan/Feb 2004 Joan Condon Limerick Centre for the October 1998 Unemployed Mary Murphy Dundalk Centre for the October 1998 unemployed Mike Allen INOU October 1998 John Farrell INOU replaced June TinsleyOct 05 Patricia Short ICTU Centres for the Jan/Feb 2004 Unemployed

Disadvantaged Sr. Brigid Reynolds CORI Jan/Feb 2004 May 2007 John-Mark McCafferty Society of Saint Vincent Jan/Feb 2004 de Paul May 2007

922 Questions— 12 February 2008. Written Answers

Full Membership Name Occupation/Organisation Date of Appointment

Audrey Deane Society of Saint Vincent Nov 2004 (replaced John- de Paul Mark McCafferty) Sharon Keane Anti-Poverty Networks Jan/Feb 2004 Ms Janice Ransom N/A October 1998 Mr Joe Gallagher Community Training October 1998 Programme Mr Chris McInerney Community Workers Co- October 1998 Op Joe Gallagher Anti-Poverty Networks replaced Sharon Keane Sept 05 Ms Janice Ransom N/A October 1998

Youth/Children Malcolm Byrne NYCICommunity Training Jan/Feb 2004 Mr Joe Gallagher Programme October 1998 Mr Gearo´ id O´ NYCI October 1998 Maolmhichı´l Marie Claire McAleer NYCI replaced Malcolm Byrne Sept 04 Raymond Dooley Children’s Rights Alliance Jan/Feb 2004 Jillian Ban Turnhout Children’s Rights Alliance replaced Raymond Dooley Aug 05 May 2007

Older People Robin Webster National Council for Jan/Feb 2004 Ageing and Older People/Senior Citizen’s Parliament/Age Action Mr Paddy Donegan Retired Workers October 1998 Committee

Others Frank Goodwin The Carers Association Jan/Feb 2004 May 2007 Mr Roger Acton DFI October 1998 Ms Jeanne Meldon National Planning October 1998 Committee Fr Sean Healy CORI October 1998 Mr Liam O’Dwyer St. Vincent de Paul October 1998 Seamus Boland Irish Rural Link Jan/Feb 2004 May 2007 Fergus O’Ferrall The Wheel Jan/Feb 2004 Ivan Cooper The Wheel May 2007 Brid O’Brien Pavee Point Jan/Feb 2004 Aisling Walsh Disability Federation of Jan/Feb 2004 Ireland Joanne McCarthy Disability Federation of replaced Aisling Walsh in Ireland 2006 May 2007 Michael O’ Halloran Chief Executive Officer May 2007 Irish Senior Citizens Parliament Marie Claire McAleer National Youth Council of May 2007 Ireland Karen Murphy Irish Council for Social May 2007 Housing Head of Services Frances Byrne OPEN May 2007

923 Questions— 12 February 2008. Written Answers

[The Taoiseach.] Full Membership Name Occupation/Organisation Date of Appointment

Kathleen McCann Congress Centres Network May 2007 Stavros Stavrou Integrating Ireland May 2007 Maria Joyce National Traveller May 2007 Womens Forum

Strand (iv) Central Government, Local Government and Independents Central Government Department of Finance Dept. of Finance October 1998 Mr Paul Haran Department of Enterprise, October 1998 Trade & Employment Retired 22/10/04 Mr Eddie Sullivan Department of Social, October 1998 Community & Family Affairs Ms Margaret Hayes Department of Tourism, October 1998 Sport & Recreation Mr Jimmy Farrelly Department of the October 1998 Environment & Local Government Secretary General Dept. Finance Jan/Feb 2004 May 2007 Secretary General Dept. Enterprise, Trade & Jan/Feb 2004 Employment May 2007 Secretary General Dept. Social & Family Jan/Feb 2004 Affairs May 2007 Secretary General Dept. Community, Jan/Feb 2004 Rural & Gaeltacht May 2007 Affairs Secretary General Dept. Environment, Jan/Feb 2004 Heritage & Local May 2007 Government

Local Government Councillor John Egan General Council of Jan/Feb 2004 County Councils Councillor Ger Barron General Council of Nov 2004 (replaced Cllr. County Councils John Egan) May 2007 Councillor Patsy Treanor General Council of Jan/Feb 2004 County Councils Councillor Jack Crowe General Council of Nov 2004 (replaced Cllr County Councils Patsy Treanor) Councillor Constance General Council of Jan/Feb 2004 Hanniffy County Councils May 2007 Councillor Patricia Association of Municipal Jan/Feb 2004 McCarthy Authorities Donal O’Donoghue County and City Managers Jan/Feb 2004 Association John Tierney County and City Managers Nov 2004 (replaced Donal Association O’Donoghue) Councillor Mattie Ryan Association of County and May 2007 City Councils Councillor Paddy Association of Municipal May 2007 O’Callaghan Authorities of Ireland Councillor William Ireland Local Authorities May 2007 Members Association

924 Questions— 12 February 2008. Written Answers

Full Membership Name Occupation/Organisation Date of Appointment

Independents Prof. Gearo´ id O´ Tuathaigh National University of October 1998 Ireland, Galway Ms Marian Vickers Northside Partnership October 1998 Ms Helen Johnston Surg. Equipment Ltd. October 1998 Dr Colm Harmon Institute for the Study of Jan/Feb 2004 Social Change, UCD Mr Niall Fitzduff Rural Communities May 2007 Network Dr Mary P. Corcoran Department of Sociology Jan/Feb 2004 Ms Noreen Kearney Trinity College May 2007 Dr Brian Nolan ESRI Jan/Feb 2004 Paul Tansey Tansey, Webster, Jan/Feb 2004 Stewart & Company Ltd. Cait Keane South Dublin County Jan/Feb 2004 Council May 2007 Marie Carroll Southside Partnership May 2007 Professor Rose Ann TCD May 2007 Kenny

The National Forum on Europe The National Forum on Europe does not have a board of Directors as such. It is an independent body established by the Government in consultation with the opposition parties. I appointed Senator Maurice Hayes as independent chairperson of the Forum when it convened in 2001.

The Second Information Society Commission The second Information Society Commission was appointed in November 2001, and its term of office finished at the end of December 2004. The members appointed were:

Name Occupation/Organisation

Dr Danny O’Hare (Chairman) Former President of DCU (Dublin City University) Claire Cunningham Director, Aura Internet Services Ltd Dr Chris Coughlan Hewlett Packard Michael Byrne CEO, Ennis Information Age Services Jerry Shanahan ICTU/Amicus Karen Hynes Manager of eBusiness Services, Chambers of Commerce of Ireland Colm Reilly PA Consulting Inez Bailey Director, National Adult Literacy Agency Dr Eamonn Conway Head of the Department of Theology and Religious Studies, Mary Immaculate College, UL (University of Limerick) Robert Johnston JLS Software Solutions Clodagh O’Donnell Client Executive, Financial Services Sector, IBM Dee Cari Torque Management Marion O’Neill Manager, Kilkenny Information Age Town Dr Patricia O’Hara Manager, Policy Division, Western Development Commission Christopher Took Web Developer (resigned September 2002) Charles Stanley-Smith Chief Technical Officer, Piercom Brian Lennon Guidance Counsellor, St Oliver’s College, Drogheda

925 Questions— 12 February 2008. Written Answers

[The Taoiseach.]

Name Occupation/Organisation

Donal Toolan Forum of People with Disabilities Kathryn Raleigh Director of the Irish Software Association, IBEC Joe Horan County Manager, South Dublin County Council Peter Ryan Assistant Secretary, Department of the Taoiseach

Digital Media Development Ltd. The following appointments were made by the Government to the Board of Digital Media Development Ltd. in April 2000:

Name Occupation/ Organisation

Paddy Teahon Executive Chairman Dan Flinter Enterprise Ireland Don Thirnhill HEA John Fitzgerald Dublin City Manager Paul Kavanagh Businessman Paul McGuinness Principle Management Ltd Peter Cassells ICTU Jackie Harrison IBEC Footnote: Media Lab Europe was established by the Government and MIT with effect from May 2000. Although established as a private company, the Board was appointed by MIT and the Government. MIT appointed three Board members, the Government appointed three, and three were appointed jointly. The Government appointments were Danny O’Hare (ex-DCU), Ann Riordan (ex-Microsoft) and Denis O’Brien (Esat). The joint appointees were Gerhard Schulmeyer (Siemens), Red Burns (New York University) and Bono (U2). Responsibility for both Digital Media Development Ltd. and Media Lab Europe transferred to the Department of Public Enterprise in May 2001.

Campus and Stadium Ireland Development (CSID) The Board of Campus and Stadium Ireland Development (CSID) was appointed on 29 March, 2000. The members were as follows:

Name Occupation/Organisation

Paddy Teahon Executive Chairman (former Secretary General of the Department of the Taoiseach) William Attley Former General Secretary, SIPTU Mary Davis (former Chief Executive of Special Olympics World Games, now CEO of Special Olympics Ireland) Sean Donnelly Civil Engineer Lucy Gaffney Company Director Tom Kiernan Chartered Accountant John Mulcahy Director, Jones Lang LaSalle Liam O Maolmhichil Director General, GAA John Power Solicitor John Treacy CEO, Irish Sports Council Michael Walsh Company Director Footnote: In January 2001, the responsibility for Campus and Stadium Ireland Development (CSID) transferred to the Department of Arts, Sport and Tourism.

926 Questions— 12 February 2008. Written Answers

Departmental Staff. 140. Deputy Arthur Morgan asked the Taoiseach the number of agency workers employed by his Department and by State agencies which fall under the auspices of his Department. [4791/08]

The Taoiseach: There are no agency workers employed by my Department. Two agencies for which my Department has responsibility currently employ one agency worker each.

Data Protection. 141. Deputy Leo Varadkar asked the Taoiseach if disks, laptops or memory storage devices containing personal information about members of the public have been lost or stolen from his Department; and if he will make a statement on the matter. [5009/08]

The Taoiseach: No disks, laptops or memory storage devices containing personal information about members of the public have been lost or stolen from my Department.

142. Deputy Leo Varadkar asked the Taoiseach if he has been informed by any of the agencies attached to his Department, if those agencies have lost or had stolen from them any disks, laptops or memory storage devices containing personal information regarding members of the public; and if he will make a statement on the matter. [5081/08]

The Taoiseach: No agency attached to my Department has reported the loss or theft of any disks, laptops or memory storage devices.

Cabinet Committees. 143. Deputy Richard Bruton asked the Taoiseach when the Cabinet sub-committee on housing, infrastructure and public private partnerships last met; and the regularity with which it meets. [5088/08]

The Taoiseach: The Cabinet Committee on Housing, Infrastructure and PPPs last met on 12 December, 2007. It meets as necessary, which is normally every two to three months. The next meeting is scheduled for 12 March, 2008.

National Statistics. 144. Deputy Aengus O´ Snodaigh asked the Taoiseach the number of drug related deaths each year for the past five years in Waterford. [5168/08]

Minister of State at the Department of the Taoiseach (Deputy Tom Kitt): The number of drug related deaths of Waterford residents from 2002 to 2006 is as follows:

Year Number of deaths

2002 0 2003 3 2004 4 2005 1 2006 1

Figures for 2007 are not yet available. Figures for 2005 and 2006 are provisional and subject to revision. These figures were derived using the European Monitoring Centre for Drugs and 927 Questions— 12 February 2008. Written Answers

[Deputy Tom Kitt.] Drug Addiction (EMCDDA) definition of drug related deaths, which refers to those deaths that are caused directly by the consumption of drugs of abuse.

145. Deputy Aengus O´ Snodaigh asked the Taoiseach the number of suicides and fatal accidents where illegal drugs were found to be present in the system of the deceased for each year for the past five years. [5175/08]

Minister of State at the Department of the Taoiseach (Deputy Tom Kitt): The information requested by the deputy is not available. Deaths are coded according to the Ninth Revision of the International Statistical Classification of Diseases, Injuries and Causes of Death, Volume 9 (ICD9). Only the underlying cause of death is recorded for cause of death statistics. Thus, the fact that drugs were found to be present in the system of the deceased will not be retained if this is not the cause of death. Secondly, some legal and illegal drugs have the same ICD9 code (e.g. methadone and heroin), so it is not possible to identify deaths from illegal drugs only.

Departmental Staff. 146. Deputy Phil Hogan asked the Taoiseach if persons have been dismissed from the Civil Service since the provisions of the Civil Service Regulation Act 2005 were introduced; the number and grade of the persons concerned; and if he will make a statement on the matter. [5667/08]

The Taoiseach: No persons from my Department have been dismissed from the Civil Service since the provisions of the Civil Service Regulation Act, 2005 were introduced.

Departmental Expenditure. 147. Deputy Phil Hogan asked the Taoiseach the amount paid to civil servants by way of travel, subsistence or overnight allowances or payments for each of the years 2002 to the end of 2007; and if he will make a statement on the matter. [5681/08]

The Taoiseach: I attach a schedule which contains details of travel and subsistence payments to civil servants from 2002 to end of December 2007. The figures include payments for home and foreign travel and mileage.

Year Travel and Subsistence

2002 69,930.32 2003 46,463.60 2004 51,684.18 2005 62,949.58 2006 77,610.68 2007 86,808.16

Total 395,446.52

Vehicle Registration. 148. Deputy Michael Kennedy asked the Ta´naiste and Minister for Finance if his attention has been drawn to the practice of re-registering written-off UK cars here and a report (details 928 Questions— 12 February 2008. Written Answers supplied); the action being taken to curb this practice; and if he will make a statement on the matter. [5146/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I am aware of the potential for vehicles written off in the UK to be presented for registration in the State. When a foreign vehicle is presented for registration, Revenue officials satisfy themselves that it is a mechan- ically propelled vehicle as provided for in the legislation, however Revenue has no role under legislation in determining the roadworthiness of such vehicles. The Deputy may be aware that a working group led by the Road Safety Authority is studying this issue at present.

Garda Stations. 149. Deputy Martin Mansergh asked the Ta´naiste and Minister for Finance if a site has been selected for a new Garda station in Clonmel, County Tipperary. [5153/08]

Minister of State at the Department of Finance (Deputy Noel Ahern): The Office of Public Works is currently assessing proposals received in response to an advertisement.

Vehicle Registration. 150. Deputy Ciara´n Lynch asked the Ta´naiste and Minister for Finance the length of time a motor vehicle imported from a State within the EU by a non-Irish national resident here may be driven on Irish roads before it is required to be registered here; and if he will make a statement on the matter. [5217/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I am advised by the Revenue Commissioners that as a general rule all vehicles imported permanently into the State must register for VRT purposes within seven days of arrival. This rule applies equally to vehicles imported by EU and non EU persons. However, Section 135 (a) of the Finance Act 1992 permits a European or other foreign registered vehicle which is temporarily brought into the State by a person established outside the State to be exempted from the requirement to register for vehicle registration tax purposes for a period normally not exceeding 12 months from the date upon which the vehicle concerned was brought into the State. These provisions are in line with Article 39 of the EU Treaty which provides for the free movement of people within the EU. The Deputy may wish to note that a reciprocal arrangement is also in place for our own State residents in fellow Member States.

EU Regulations. 151. Deputy CaoimhghıńO´ Caolaín asked the Tańaiste and Minister for Finance the progress the Government has made in implementing the regulations on the European Groupings of Territorial Co-operation. [5225/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): Following consultations between a number of Government Departments and the Office of the Attorney General, it has been agreed that my Department will be responsible for introducing the necessary legal instrument in order to give effect to Regulation (EC) No 1082/2006 which provides for the setting up of European Groupings of Territorial Cooperation in each Member State. At present my Depart- ment is in the process of drafting the necessary Statutory Instrument. This process will be completed within the coming months.

Departmental Properties. 152. Deputy Olivia Mitchell asked the Ta´naiste and Minister for Finance the construction

929 Questions— 12 February 2008. Written Answers

[Deputy Olivia Mitchell.] costs of the Leinster House shop recently opened at Kildare Street gate; and if he will make a statement on the matter. [4474/08]

153. Deputy Olivia Mitchell asked the Ta´naiste and Minister for Finance the construction period of the Leinster House shop recently opened at the Kildare Street gate; and if he will make a statement on the matter. [4475/08]

Minister of State at the Department of Finance (Deputy Noel Ahern): I propose to take Questions Nos. 152 and 153 together. The replacement of the unsightly concrete block structure, which served as a shop inside the main gate to Leinster House from Kildare Street, by a more appropriate and functional transparent glass building, as approved by the Oireachtas, was undertaken by way of a series of interlinked construction contracts. The new building incorporates a new external glazed covered area which facilitates the holding of press interviews in inclement weather. The enlarged shop area provides a safer and more user friendly environment for customers and staff from the National Rehabilitation Board who run the shop. Construction work was undertaken in a number of phases i.e. site preparation, off-site fabrication of superstructure, installation of superstructure, off-site fabrication of internal fittings and final completion on site. The phasing was necessary due to the intricate nature of the project and to minimise disruption to the operation of Leinster House. Work commenced on site in March 2007 and was completed in January 2008. The final account for the project has not been completed as yet. The final order of cost for the construction of the new building will be in the region of \800,000 excluding VAT and internal fittings.

Tax Code. 154. Deputy Denis Naughten asked the Ta´naiste and Minister for Finance the maximum value of cash which can be transferred to a niece or nephew which is exempt under inheritance tax in group B; his plans to increase this threshold; and if he will make a statement on the matter. [4493/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): The Group B threshold for 2008 is \52,121. Any other gifts/inheritance that might have been received within this group by an individual since 5 December 1991 are also taken into account when applying the threshold for the purposes of calculating Capital Acquisitions Tax. If the total value of all inheritances and gifts received since this date is above the relevant threshold, then a 20% CAT will apply on the difference. As regards increasing the threshold, the Deputy should note that the thresholds are increased on an annual basis in accordance with the CSO Consumer Price Index and I have no current plans to change this. Favourite niece/nephew relief is available to certain nephews and nieces who take a gift or an inheritance of a business or farm from the disponer. If the niece/nephew qualifies for the relief, they are treated as a child of the disponer for CAT purposes, and instead of a Group B threshold, they are entitled to a Group A threshold (currently \521,208) for the business or farm assets only. This means that if a gift or inheritance includes business/farm and non- business/farm assets the Group B threshold will apply to the non-business/farm assets and the Group A threshold will apply to the business/farm assets. In order to qualify for the relief, the applicant must be a child of a brother or sister of the disponer (in other words, a nephew/niece in law will not qualify) and he/she must have worked substantially on a full-time basis for the disponer for a minimum of five years ending on the date of the gift or inheritance.

930 Questions— 12 February 2008. Written Answers

Departmental Correspondence. 155. Deputy Denis Naughten asked the Ta´naiste and Minister for Finance if he will provide a response to correspondence from persons (details supplied) in Dublin 15; and if he will make a statement on the matter. [4494/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): A reply was issued by my Private Secretary on 6 February 2008.

Departmental Staff. 156. Deputy Phil Hogan asked the Ta´naiste and Minister for Finance if persons have been dismissed from the Civil Service since the provisions of the Civil Service Regulation Act 2005 were introduced; the number and grade of the persons concerned; and if he will make a statement on the matter. [4520/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): Since the provisions of the Civil Service Regulation Act 2005 came into effect on 4 July 2006 there have been no dismissals from my Department. In the case of civil service bodies under the aegis of my Department, I am advised by the Revenue Commissioners that one Executive Officer has been dismissed.

Departmental Expenditure. 157. Deputy Phil Hogan asked the Ta´naiste and Minister for Finance the amount paid to civil servants by way of travel, subsistence or overnight allowances or payments for each of the years 2002 to the end of 2007; and if he will make a statement on the matter. [4521/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): The amounts paid from my Department’s vote to civil servants in respect of travel, subsistence or overnight allowances for the years 2004 to 2007 are set out in the table. A breakdown for the years 2002 to 2003 is not readily available.

Year Amount \ (rounded to the nearest \,000)

2004 522,000 2005 468,000 2006 640,000 2007 700,000

In addition, I am advised by the Revenue Commissioners that the amount paid to staff in that Office in respect of travel and subsistence or overnight allowances for each of the years 2002 to 2007 is as set out in the table.

Year Amount \ (rounded to the nearest \,000)

2002 5,261,000 2003 5,330,000 2004 5,118,000 2005 5,191,000 2006 5,774,000 2007 6,180,000

931 Questions— 12 February 2008. Written Answers

[Deputy Brian Cowen.]

In relation to the Office of Public Works, my Department has asked that Office to communicate to the Deputy the required information.

Pension Provisions. 158. Deputy Ulick Burke asked the Tańaiste and Minister for Finance if he will initiate a process that superannuation benefits be preserved retrospectively for all public servants with more than ten years service, who left the public service prior to 1 June 1973 in the case of civil servants and prior to 1 October 1976 in the case of members of An Garda Sıóchańa; and if he will make a statement on the matter. [4555/08]

Tańaiste and Minister for Finance (Deputy Brian Cowen): I have primary responsibility for the Civil Service pension arrangements and an approving role in relation to public sector pensions generally. As you are aware preservation of superannuation benefits only came into force in respect of retirements from 1 June 1973 onwards in the Civil Service and 1 October 1976 in the case of members of An Garda Sıóchańa. Any officer retiring before the minimum retirement age (60 years ) prior to these dates has no preserved civil/public service pension entitlement. The position of former officers in this situation has been considered on a number of occasions in the past. However, it has been concluded that any change to accommodate these officers would have policy and cost repercussions in the wider public service; accordingly, no change has been made. I should also point out that the Commission on Public Service Pensions examined this issue. Taking account of a number of factors (including the fact that, prior to the introduction of preservation, the foregoing of pension was clearly understood to be an integral part of the decision to leave the public service prior to retirement age) the Commission did not recommend any change in the conditions which were applied when preservation of benefits was first introduced into public service schemes. Former public servants who take up subsequent employment in the public service may, depending on the circumstances and subject to certain conditions, opt to reckon prior service for pension purposes. The elimination of the compulsory retirement age in 2004 may facilitate some people in this regard.

159. Deputy Joan Burton asked the Ta´naiste and Minister for Finance his views on implementing a floor, in terms of a nominal amount held in the ARF account under which those whose pensions have matured and have been put into an ARF approved scheme would be exempt from withdrawing the minimum 1%, rising to 3%, from their pension accounts annually; and if he will make a statement on the matter. [4556/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): The 2006 Budget and Finance Act introduced an imputed or notional distribution of 3% of the value of the assets of an Approved Retirement Fund (ARF) on 31 December each year, where the notional amount will be taxed at the ARF owner’s marginal income tax rate. Funds actually drawn down by ARF owners will be credited against the imputed distribution in that year to arrive at a net imputed amount, if any, for the year. As a transitional measure, the 3% rate is being phased in over the period 2007 to 2009, with 1% applying in 2007, 2% in 2008 and the full 3% in 2009 and each subsequent year. The new regime applies to ARFs created on or after 6 April 2000 where the ARF holder is 60 years of age or over for the whole of a tax year. The new provisions do not impact on Approved Minimum Retirement Funds (AMRFs), although funds drawn from an individual’s AMRF can also be credited against the that individual’s imputed ARF distribution. This measure was

932 Questions— 12 February 2008. Written Answers introduced because the internal review of tax relief for pensions provision undertaken by my Department and the Revenue Commissioners in 2005 (and which was published in early 2006) found that the ARF option was largely not being used as intended to fund an income stream in retirement, but instead was being used to build up funds in a tax-free environment over the long-term. The imputed distribution measure is designed to encourage the use of ARFs as intended. The level of the imputed distribution at 3% is not excessive, especially since ARFs are supposed to provide an income stream in retirement for their owners and that actual drawdowns can be credited against the imputed amount. In regard to the Deputy’s proposal, the introduction of a floor in terms of the value of assets held in an ARF below which the notional distribution provisions would not apply would undoubtedly give rise to opportunities for individuals to seek to avoid the notional charge. This could be done by splitting the proceeds of their pension funds, or an existing ARF, into multiple ARFs, the asset value of which would be below the floor. There would be pressure to increase the floor from those whose ARF value was mar- ginally above the floor. Indeed, there would very likely be continuous pressure to adjust the floor upwards as investment returns increased ARF values over time. All of this would likely give rise to a more complex ARF tax regime. For these reasons, I have no plans to introduce a floor, as proposed.

Tax Code. 160. Deputy Michael Creed asked the Ta´naiste and Minister for Finance if a person (details supplied) in County Cork who was made redundant in October 2003 is entitled to top-slicing relief; and if he will make a statement on the matter. [4558/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I am advised by the Revenue Commissioners that as of 7 February 2008 they have not received a claim for top-slicing relief from or on behalf of the person in question. Top-slicing relief is a relief which may be applied to the taxation of lump sum payments made on termination of employment. It appears that the taxpayer’s employment terminated in 2003 and that any claim for the repayment of tax in respect of top-slicing relief would apply to the 2003 tax year. Section 865(4) of the Taxes Consolidation Act 1997, provides that the time limit for making a claim for the repayment of tax is 4 years. The time limit for making a claim for the repayment of tax in respect of the 2003 tax year expired on 31 December 2007. A claim in respect of top-slicing relief for 2003 in this case could not be accepted at this stage.

161. Deputy Jack Wall asked the Ta´naiste and Minister for Finance if a person (details supplied) in County Kildare has received all of their entitlements in relation to tax rebates; if their tax credits and standard rate of tax cut off point are correct; and if he will make a statement on the matter. [4603/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I have been advised by the Revenue Commissioners that the taxpayer is not entitled to a rebate of income tax based on the information available to them at present. PAYE balancing statements for the years 2004 to 2007 inclusive will issue to the taxpayer in the coming days. These will outline the taxpayer’s income from all sources together with a breakdown of all tax credits claimed by the taxpayer for each year. For the year 2008, the taxpayer’s tax credits and standard rate cut off point are correct based on the information available to the Revenue Commissioners. If the taxpayer has any further queries he should contact his local Revenue Office on 1890 22 24 25 where any difficulties he may have can be resolved.

933 Questions— 12 February 2008. Written Answers

162. Deputy Jack Wall asked the Ta´naiste and Minister for Finance if a person (details supplied) in County Kildare is due a rebate on their taxes following the closure of their employment; and if he will make a statement on the matter. [4667/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I have been advised by the Revenue Commissioners that the taxpayer received an income tax rebate on 6 November 2007 following cessation of employment with the taxpayer’s former employer. A further income tax rebate is now due to the taxpayer and will issue in the coming days together with PAYE balancing statement for the year 2007.

Banking Sector Regulation. 163. Deputy Leo Varadkar asked the Ta´naiste and Minister for Finance the recommendations of the Competition Authority regarding banking that he has introduced to date; and if he will make a statement on the matter. [4682/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I welcomed the publication on 22 September 2005 of the Competition Authority’s final report on competition in the non-investment banking sector. The 25 recommendations contained in the Competition Authority’s report were directed largely at the industry, its representative bodies, the Financial Regulator and Central Bank, as well as to the Minister for Finance. Points addressed for the attention of the Minister for Finance included the issues of stamp duty, the regulation of banking charges and the question of improvements in the area of cheques and mortgages. Measures had already been taken, through the Finance Act 2005, to eliminate a double stamp duty charge on switching of financial cards. I have reduced the stamp duty charge on financial cards in Budget 2008. The Authority recommended that regulation of non-interest bank charges under Section 149 of the Consumer Credit Act should only end once its other recommendations to facilitate and improve market entry and switching have been successfully implemented and are working in practice to improve competition. The Financial Regulator, in the context of its statutory consumer protection role, has advised my Department that further assessment is necessary to ensure that the interest of consumers are safeguarded, in advance of any decision to deregulate non-interest bank charges. The Authority also suggested that the Irish Payment Services Organisation should investigate if new technology, allowing banks to exchange electronic images of cheques (known as cheque truncation), would yield efficiency benefits. I understand that this assessment has been undertaken, and I am open to consider proposals for changes to legislation to facilitate improved cheque handling technology, if a clear and compelling case is made. However, the competitiveness needs of the Irish economy points to a decisive shift to efficient electronic payment systems rather than measures to maintain less efficient paper based payments. The Competition Authority report acknowledged that any measures aimed at improving competition needs to take account of relevant EU developments. This has particular relevance to recommendations relating to the establishment of an Automated Clearing House (ACH) as events at European level have changed the context considerably. Ireland is participating in the Single Euro Payment Area initiative, which aims to deliver a common payments environment for the eurozone. My Department is currently engaged in work aimed at the transposition of the Payments Services Directive, which provides a harmonised legal framework to underpin SEPA. SEPA should enhance competition in the payment services market not merely in Ireland, but across the EU/EEA. A further recommendation made by the Competition Authority related to mortgage switching. The Deputy may wish to note that subsequent to the publication of the Competition

934 Questions— 12 February 2008. Written Answers

Authority report, a number of providers have entered the Irish mortgage market offering competitive products for customers wishing to switch their mortgage. Finally, I understand the Irish Bankers’ Federation are working on a standard mortgage deed in relation to residential mortgage lending. Once this has been completed, my Department will work to identify any changes to legislation that may be necessary.

Tax Code. 164. Deputy Brian Hayes asked the Ta´naiste and Minister for Finance the number of first time buyers who claimed the stamp duty rebate brought about in the Finance (No.2) Bill in May 2007; and if he will make a statement on the matter. [4687/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I am informed by the Revenue Commissioners that the number of first-time buyer transactions which were exempted from Stamp Duty under the provisions of the Finance (No. 2) Act 2007 was 2,987 in 2007. This figure includes the number of transactions which became entitled retrospectively to exemption on the passing of the Act and obtained a refund of the Stamp Duty paid. The figure also represents only transactions that would not have been exempt from Stamp Duty, but for the changes introduced in the Finance (No. 2) Act 2007. Houses below \317,500 are therefore not included because they were already exempt, as were, for the most part, newly built houses.

Theatre Licences. 165. Deputy Charles Flanagan asked the Ta´naiste and Minister for Finance the number of theatre licences facilitating the sale of alcohol that were issued in each of the years 2002 to 2007; and if he will make a statement on the matter. [4695/08]

The Revenue Commissioners have advised me that the number of theatre licences facilitating the sale of alcohol that were issued in each of the years 2002 to 2007 are as follows:

Year Number

2002 59 2003 67 2004 63 2005 68 2006 76 2007 76

Site Acquisitions. 166. Deputy Brian Hayes asked the Ta´naiste and Minister for Finance the status of the Office of Public Works purchase of a site (details supplied) adjacent to Mountjoy Prison; the use the OPW will put the site to; the amount the site cost; when the OPW expects to occupy the site; and if he will make a statement on the matter. [4749/08]

Minister of State at the Department of Finance (Deputy Noel Ahern): The Office of Public Works have appointed a design team, in order to seek full planning Permission for the redevelopment of the Mountjoy Prison site. The Cash and Carry site, which was purchased by the OPW for \23.5m, excluding VAT, will be incorporated into redevelopment plans for the Mountjoy site. The OPW will take possession of the Cash and Carry site in July 2009. 935 Questions— 12 February 2008. Written Answers

Departmental Staff. 167. Deputy Arthur Morgan asked the Ta´naiste and Minister for Finance the number of agency workers employed by his Department and by State agencies which fall under the auspices of his Department. [4786/08]

My Department does not employ any agency workers. In relation to Offices/bodies under the aegis of my Department, I have been advised as follows: • Office of the Revenue Commissioners — Nil • Office of Public Works — 31 • The Central Bank and Financial Services Authority of Ireland — 7 • Financial Services Appeals Tribunal — Nil • National Treasury Management Agency — 1

Flood Relief. 168. Deputy Denis Naughten asked the Ta´naiste and Minister for Finance when the Office of Public Works will apply to the national parks and wildlife service for consent to address flood risk at Clonlara; when it is intended to commence the catchment flood risk assessment of the river Shannon; and if he will make a statement on the matter. [4799/08]

Minister of State at the Department of Finance (Deputy Noel Ahern): The Office of Public Works submitted an application for consent to works to alleviate flooding at Clonlara to the National Parks and Wildlife Service in December 2007. OPW understands that a response is imminent. It is expected that a catchment flood risk assessment in relation to the River Shannon will commence in Summer 2009.

Tax Code. 169. Deputy Bernard J. Durkan asked the Ta´naiste and Minister for Finance the reason inheritance tax is charged in the case of persons (details supplied); and if he will make a statement on the matter. [4942/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I am advised by the Revenue Commissioners that property valued at \115,000 was bequeathed to the taxpayer and his wife in equal shares in the estate of the taxpayer’s mother, upon her death on 13 October 1998. There was no liability to inheritance tax in respect of the disposition valued at \57,500 to the taxpayer as his inheritance was within the applicable Class A threshold of \239,219. However, there is a liability to inheritance tax in respect of the disposition of the same value to her daughter-in-law as it exceeds the applicable Class C threshold of \15,948. The rates of inheritance tax applicable in 1998 were the first \12,697.38 in excess of the threshold at 20%, the next \38,092.12 at 30% and the balance of the inheritance at 40%. Interest is also due and payable from the valuation date to the date of payment. The interest rates applicable are 0.0322% per day to 31 March 2005 and 0.0273% per day to the date of receipt of payment. This charge to inheritance tax is properly payable in this case. If the taxpayer wishes to discuss this case further, he may contact the Revenue Commissioners, East and South East Region CAT Unit, 4th Floor, Plaza Complex, Belgard Road, Dublin 24.

170. Deputy Willie Penrose asked the Ta´naiste and Minister for Finance the circumstances in which a person is entitled to their P45; and if he will make a statement on the matter. [4947/08]

936 Questions— 12 February 2008. Written Answers

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I am informed by the Revenue Commissioners that, in accordance with Regulations 20(1) and 20(2) of the Income Tax (Employments) (Consolidated) Regulations, 2001, an employee should be given parts 2 and 3 of their P45 on the date their employment ceases with part 1 of the P45 being sent immediately by the employer to Revenue.

Data Protection. 171. Deputy Leo Varadkar asked the Ta´naiste and Minister for Finance if disks, laptops or memory storage devices containing personal information about members of the public have been lost or stolen from his Department; and if he will make a statement on the matter. [5004/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): My Department has not had any disks, laptops or memory storage devices containing personal information about members of the public lost or stolen.

Departmental Publications. 172. Deputy James Bannon asked the Ta´naiste and Minister for Finance the reason for the error in the State diary 2008 which has resulted in the month of May being recorded incorrectly; the cost to the taxpayer for the publication of this substandard diary; and if he will make a statement on the matter. [5023/08]

Minister of State at the Department of Finance (Deputy Noel Ahern): The OPW through the GSA annually publishes a State Diary in two formats, an A5 desk State Diary and a smaller Pocket State Diary. The numbers produced for 2008 were 11,000 of the A5 desk State Diary and 25,000 of the pocket State Diary. The Diaries have been purchased and distributed throughout the civil service. The total cost to the State of both sets of Diaries was \41,090 (exclusive of VAT). There is an error on the calendar summary page at the front of the Pocket Diary in respect of May 2008. The error is in the summary page only. The Diary proper is correct in all other respects. The Desk Diary contains no errors either in the summary or the diary proper. The error on the summary page of the Pocket Diary occurred at printing stage and was unfortunately not detected by proofing. Arrangements have been made for enhanced quality assurance measures for future contracts for the procurement of State Diaries.

Financial Projections. 173. Deputy Leo Varadkar asked the Ta´naiste and Minister for Finance if he will calculate 2008 post-budget estimate for the current budget balance, the Exchequer balance and the general Government balance based on 2.3% GDP growth and a HIPC inflation rate of 2.8% or for any similar rates already calculated by his Department in drawing up budget 2008; and if he will make a statement on the matter. [5066/08]

174. Deputy Leo Varadkar asked the Ta´naiste and Minister for Finance the projections, in view of the fact that a growth projection of 3% of GDP was used to calculate the 2008 post- budget estimate for the current budget balance, the Exchequer balance and the general Government balance, that were made by his Department for these parameters using a lower estimated growth rate; and if he will make a statement on the matter. [5067/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I propose to take Questions Nos. 173 and 174 together.

937 Questions— 12 February 2008. Written Answers

[Deputy Brian Cowen.]

Budget 2008 was published on 5 December last year. At that time, my Department projected a GDP growth rate of 3 per cent for this year and a GNP growth rate of 2.8 per cent. While lower than that experienced in recent years this is still a robust rate of growth given the prevailing international conditions. Of course, as was noted at Budget time, there are risks, both internal and external, to these economic forecasts and my Department will, as always, continue to monitor the situation closely. The Department’s Budget Day forecasts have not changed and will not be formally re- evaluated until the next Pre-Budget Outlook which will be published after the summer. However, Chapter 4 of the Stability Programme Update in the Budget 2008 booklet provides a sensitivity analysis of the potential impact of different economic scenarios on the budgetary balance. Of course, estimates of the impacts of different economic growth rates on the General Government Balance should be seen as indicative and are subject to considerable uncertainty. The magnitude of any impact will vary according to the cause of the change in growth.

Data Protection. 175. Deputy Leo Varadkar asked the Ta´naiste and Minister for Finance if he has been informed by any of the agencies attached to his Department, if those agencies have lost or had stolen from them any disks, laptops or memory storage devices containing personal information regarding members of the public; and if he will make a statement on the matter. [5076/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I am not aware of any instances where agencies under the remit of my Department have lost or had stolen any disks, laptops or memory storage devices containing personal information regarding members of the public.

Tax Collection. 176. Deputy Ciara´n Lynch asked the Ta´naiste and Minister for Finance the sanctions imposed on tenants who fail to meet their obligation to deduct tax or to provide a certificate to the non- resident landlord of tax deducted; the sanction that applies to a tenant who fails to meet the requirement to make a return and pay to the Revenue Commissioners the tax that they have deducted from the rent due to a non-resident landlord; the number of tenants who have defaulted on the foregoing obligations in each of the past five years; the amount of tax paid to Revenue by tenants on behalf of non-resident landlords in each of the past five years; the number of tenants who have collected tax on behalf of non-resident landlords in the past five years; and if he will make a statement on the matter. [5094/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I am informed by the Revenue Commissioners that where tenants fail to meet their obligations in relation to the deduction of income tax from payments of rent to non-resident landlords, or of providing Revenue with details of such payments and of the tax deducted, and paying such tax to Revenue, the usual sanctions in relation to the collection and recovery of income tax can be applied, including the imposition of interest and penalties. However, non-compliance by individual tenants can be innocent in some cases because they genuinely may not know the tax residence status of the landlord. This difficulty has been highlighted in the Ombudsman’s Report for 1998. I am further informed by the Revenue Commissioners that they are unable to provide information on the number of tenants who have defaulted on their obligations in this regard for the last 5 years. I am also informed by the Revenue Commissioners that they do not have complete information on the amount of tax paid by tenants on behalf of non-resident landlords and the number of tenants who have collected tax on behalf of non-resident landlords. According to

938 Questions— 12 February 2008. Written Answers the annual returns of income for non-PAYE taxpayers for the years 2002 to 2005 inclusive, the amount of gross rents payable by taxpayers to non-resident landlords are as follows:

Year Amount (Gross) No. of Taxpayers

2002 1.08 111 2003 1.50 194 2004 1.40 231 2005 1.10 113

The amount of income tax that may have been withheld by tenants for those years was not separately identified. Revenue does not have similar information for PAYE taxpayers. Following an amendment to the return of income (Form 11) for the year 2006, non-resident landlords when completing a return of income have to indicate the amount of income tax that was withheld from rents paid by their Irish tenants and the PPSN(s) of tenants who deducted tax from rent payments. Returns for 2006, which had a return date of 31 October 2007 are in the course of being processed. I am advised that the policies and procedures relating to the deduction of tax on rent payable to non-residents have been set out in the Revenue publication “Tax Briefing 42” and that these policies and procedures are being kept under review.

Tax Code. 177. Deputy Joan Burton asked the Ta´naiste and Minister for Finance his views on, as a measure to discourage drink-driving, implementing an exemption on VAT on the purchase by publicans of mini-buses or other suitable modes of transport for the express purpose of ferrying customers to and from their licensed premises; and if he will make a statement on the matter. [5107/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): The position is that the VAT rating of goods and services is subject to the requirements of EU VAT law with which Irish VAT law must comply. Under the VAT Directive, passenger transport is treated as an activity that is exempt from VAT. This means that all providers of passenger transport cannot charge VAT on the services they supply and cannot recover VAT on the goods and services that they purchase. Essentially, only businesses that can register for VAT are allowed to charge VAT and therefore recover VAT.

Disabled Drivers. 178. Deputy Paul Connaughton asked the Ta´naiste and Minister for Finance when a decision will be made on an application under the disabled drivers and passengers tax concession scheme by a person (details supplied) in County Galway; and if he will make a statement on the matter. [5128/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I understand the named person applied for a Primary Medical Certificate under the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994, and the application was refused by the Senior Medical Officer of the local Health Service Executive administrative area. This decision was appealed to the Medical Board of Appeal, National Rehabilitation Hospital, Rochestown Avenue, Dun Laoghaire, Co. Dublin which I would point out is independent in the exercise of its functions. 939 Questions— 12 February 2008. Written Answers

EU Funding. 179. Deputy Olivia Mitchell asked the Ta´naiste and Minister for Finance the figure of all EU investment here since joining the EEC; and if he will make a statement on the matter. [5143/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): My Department is responsible for, amongst other things, overall policy in relation to Ireland’s EU Structural and Cohesion Funds. It also plays a central role in the development and monitoring of the programmes/projects through which the Funds are drawn down. Ireland has qualified for Struc- tural Funds since we joined the EU in 1973 and for the Cohesion Fund from 1993 when it was established. However, due to the economic progress the country has made, Ireland no longer qualifies for Cohesion Funding since 2004. Since Ireland joined the EU in 1973 we have been allocated approximately \18bn in EU Structural Funds (which comprises the European Regional Development Fund (ERDF) and the European Social Fund (ESF)) and the Cohesion Fund. In addition to the EU Structural and Cohesion Funds, the EU provides monies to Ireland through a number of other funds principally through FEOGA (CAP), and the Rural Development Fund for which my colleague the Minister for Agriculture, Fisheries and Food has responsibility. Details of receipts Ireland has received from the EU Budget under the various funds since we joined the EU in 1973 can be obtained from Table 11 of the document “Budgetary and Economic Statistics” published by my Department last year. The document can be obtained from the following website address: http://www.finance.gov.ie/documents/publications/other/BES2007V2.pdf

Tax Code. 180. Deputy Martin Mansergh asked the Ta´naiste and Minister for Finance the number of personal taxpayers who claimed mortgage interest relief in the most recent year for which figures are available. [5154/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I am advised by the Revenue Commissioners that the numbers of claimants for mortgage interest relief by way of tax relief at source for 2006, the most recent year for which full actual figures are available, is 593,200. While corresponding figures for 2007 will not be available until all annual returns for that year are received from the institutions which operate the tax relief at source system, it is estimated that the numbers of claimants for 2007 is of the order of 652,000. This figure is provisional and subject to revision. It should be noted that married couples are counted as a single claimant.

Tax Collection. 181. Deputy Eamon Scanlon asked the Ta´naiste and Minister for Finance when outstanding tax owed to a person (details supplied) in County Leitrim will be awarded; and if he will make a statement on the matter. [5158/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I am advised by the Revenue Commissioners that amended returns for the named person were submitted to Sligo Revenue District on 14 January 2008 which required some further amendment. A refund has been processed and will issue shortly.

Capital Investment Framework. 182. Deputy Richard Bruton asked the Ta´naiste and Minister for Finance if cases of non-

940 Questions— 12 February 2008. Written Answers compliance with the capital investment framework were reported to his Department in 2007; the Departments and the projects involved; and if he will make a statement on the matter. [5202/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): Under the conditions of sanction for capital expenditure issued by my Department, Departments are required to put in place a system of annual spot-checks of projects to ensure compliance with the VFM requirements and to report the findings of these spot-checks annually to my Department. Compliance with the capital investment framework is a matter in the first instance for implementing Departments and Agencies in respect of their capital expenditure. These reports are reviewed by the Central Expenditure Evaluation Unit (CEEU) in my Department who report on issues arising. The CEEU will be examining the Spot-Check reports in respect of the 2007 capital programmes and as part of this examination will report to me on progress in addressing the issues raised last year.

Health Services. 183. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children the number of persons in receipt of treatment for drug addiction in Waterford. [5167/08]

184. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children the number of persons in receipt of treatment or engaging with support services for drug addiction in Waterford. [5174/08]

258. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children the number of persons in receipt of treatment or engaging with support services for drug addiction in Waterford. [5152/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 183, 184 and 258 together. The Deputy’s questions relate to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Accident and Emergency Services. 185. Deputy John O’Mahony asked the Minister for Health and Children if research has been carried out on the number of accidents that occurred causing death which could be clearly shown to be related to the taking of illegal drugs; and if she will make a statement on the matter. [5188/08]

Minister for Health and Children (Deputy Mary Harney): There is no accurate estimate available at present of the number of accidents that have occurred causing death which could be clearly shown to be related to the taking of illegal drugs. However, I am informed by the Health Research Board that preliminary data will be available in March of this year through the National Drug Related Death Index.

Nursing Home Charges. 186. Deputy Richard Bruton asked the Minister for Health and Children if she has received

941 Questions— 12 February 2008. Written Answers

[Deputy Richard Bruton.] a report on the legal defence by the State of cases seeking to recover the private nursing home costs incurred by medical card holders; if hearings of these cases have commenced; if the substantive case has been heard; and if she will make a statement on the matter. [4476/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): I understand that the Deputy’s question refers to legal cases concerning people in private long stay in- patient facilities. The Department of Health & Children and the HSE are involved in a number of cases relating to this area. These cases are being dealt with in the ordinary way in accordance with legal advice that the Department is receiving from its legal advisers. It would not be appropriate to make further comment at this time as these matters are currently before the courts.

Health Services. 187. Deputy Richard Bruton asked the Minister for Health and Children if she will clarify the exact entitlements of medical card holders regarding dental services; if a statement exists in relation to these services under the obligation required by section 15 of the Freedom of Information Act 1997; and if she will make a statement on the matter. [4477/08]

Minister for Health and Children (Deputy Mary Harney): The Deputy’s question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Hospital Waiting Lists. 188. Deputy Michael Ring asked the Minister for Health and Children if a person (details supplied) in County Mayo is on a waiting list for a tonsillectomy; and when they can expect to be called. [4481/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have this case investigated and to have a reply issued directly to the Deputy. Patients waiting more than three months on a surgical waiting list may qualify for treatment under the National Treatment Purchase Fund. It is open to the person in question or anyone acting on their behalf to contact the Fund directly in relation to their case.

Care of the Elderly. 189. Deputy Jack Wall asked the Minister for Health and Children when a person (detail supplied) in County Kildare will be appointed a home help in view of the fact that their present home help is on sick leave for six weeks; and if she will make a statement on the matter. [4485/08]

Minister for Health and Children (Deputy Mary Harney): Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to

942 Questions— 12 February 2008. Written Answers manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

National Drugs Strategy. 190. Deputy Timmy Dooley asked the Minister for Health and Children the number of drug addicts registered in County Clare. [4487/08]

Minister for Health and Children (Deputy Mary Harney): The Deputy’s question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Youth Services. 191. Deputy Timmy Dooley asked the Minister for Health and Children the youth facilities including youth cafe´s planned for County Clare in 2008. [4488/08]

198. Deputy Margaret Conlon asked the Minister for Health and Children her plans for youth cafe´s to be initiated throughout the country; and if she will make a statement on the matter. [4537/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): I propose to take Questions Nos. 191 and 198 together. The launch of the National Recreation Policy last September highlighted Government’s commitment to the development of youth cafe´s. As the Deputy will be aware there are already a number of youth cafe´s in operation around the country. Funding for these existing initiatives is provided through local City/County Council and Health Service Executive. In addition, the Department of Community, Rural and Gaeltacht Affairs operate a number of relevant funding programmes aimed at supporting community development, locally based community and voluntary groups as well as programmes aimed specifically at supporting projects for disadvantaged youth. At this stage, my focus is to bring better coherence to the approach taken to date, retaining the strong inter-agency element and identifying an appropriate model(s) for youth cafe´s for future developments. Since September my office has undertaken a small survey of some of the existing cafe´s looking at mission/objectives, management and organisation, service levels and the role of young people. I requested the National Children’s Advisory Council’s advice on the development of a youth cafe´ model and research work has been commissioned by the Council in this regard. I am anticipating the Council will be in a position to report to me by the end of May. This work will guide government in ensuring that funding is targeted and co-ordinated most effectively on a model or models of youth cafe´s which meet the needs identified by young people themselves. Discussions are underway with my Cabinet colleagues regarding a youth cafe´ programme and appropriate funding mechanisms. I am considering which agency could best lead on the programme and how to ensure any funding which might be made available augments, without displacing, the existing inter-agency resources.

943 Questions— 12 February 2008. Written Answers

Hospital Services. 192. Deputy Ciara´n Lynch asked the Minister for Health and Children the cystic fibrosis services available at Cork University Hospital; the number of patients availing of these services; the plans in place to improve these services in 2008; and if she will make a statement on the matter. [4490/08]

Minister for Health and Children (Deputy Mary Harney): There are approximately 1,100 people with cystic fibrosis living in the Republic of Ireland. Approximately 45% are adults and 55% are children. The Minister identified the enhancement of services to persons with cystic fibrosis as a key priority. Development funding of \4.78m was provided in 2006 and a further \2m was provided to the Health Service Executive (HSE) to facilitate the recruitment of additional medical, nursing and allied health professional staff to improve services. My Depart- ment has requested the Parliamentary Affairs Division of the HSE to arrange to have the position regarding the issues raised investigated and to have a detailed reply issued directly to the Deputy.

Health Service Staff. 193. Deputy Charles Flanagan asked the Minister for Health and Children, further to Parliamentary Question No. 115 of 13 December 2007, if a vacant social worker position is still outstanding; and if she will make a statement on the matter. [4500/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): The Deputy’s question relates to the management and delivery of health and social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Adoption Services. 194 Deputy Charles Flanagan asked the Minister for Health and Children if her attention has been drawn to the lengthy delay in the midlands area with regard to the assessment of appropriate candidates for inter-country adoption; if there are sufficient social workers available to deal with the number of outstanding applications; and if she will make a statement on the matter. [4501/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): The HSE has statutory responsibility for the implementation of policy with regard to assessments for inter-country adoption. As the Deputy may be aware, requests for assessment for inter- country adoption are continuously increasing. The recent study on inter-country adoption, undertaken by the Children’s Research Centre in Trinity College, revealed that Ireland has one of the highest rates for foreign adoption in Europe. In addition, as a result of the increased number of children coming from abroad, a new and increasing demand for post-adoption reports from sending countries has been created. Both assessments and post-placement reports are being undertaken by HSE social work staff. The HSE has been assessing the provision of services in the context of moving from the health board system to a single executive. It has acknowledged that there is a divergence in the provision of services and is committed to addressing those differences. In a number of areas, the HSE has improved waiting times by contracting assessments out to non-statutory agencies with appropriate expertise. The HSE has also appointed an outside consultant to undertake a review of the inter-country adoption service. This review is examining staffing,

944 Questions— 12 February 2008. Written Answers business processes, resources, strengths and options within the service. The HSE has indicated that it will contact the Department shortly with proposals to improve this service based on the outcome of the report. I would like to assure the Deputy of my attention to this issue and reiterate the importance of a rigorous and effective assessment system.

Hospital Services. 195. Deputy Christy O’Sullivan asked the Minister for Health and Children when the bed places currently closed in Clonakilty community hospital will be made available to those in need of them; and if there is a policy to cut back bed places in community hospitals throughout west Cork. [4509/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Execu- tive is the appropriate body to consider the particular matter raised by the Deputy. The Depart- ment has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Voluntary Sector Funding. 196. Deputy Noel O’Flynn asked the Minister for Health and Children if she will provide core funding for the Irish Osteoporosis Society in 2008; and if she will make a statement on the matter. [4525/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Execu- tive is the appropriate body to consider the particular matter raised by the Deputy. My Depart- ment has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Health Services. 197. Deputy Noel O’Flynn asked the Minister for Health and Children if she will insist on the reinstatement of physiotherapy services at a school (details supplied) in County Kilkenny; and if she will make a statement on the matter. [4526/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): The Deputy’s question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the individual Deputy.

Question No. 198 answered with Question No. 191.

Pharmacy Regulations. 199. Deputy Richard Bruton asked the Minister for Health and Children if she has had communication with a person (details supplied) who has been appointed to play a role in the dispute over pharmacy fees and mark-ups or with the Irish Pharmaceutical Union since the suspension of the December 2007 implementation date of the new contract; and her views on the appointment of an arbitrator if the negotiations remain deadlocked. [4553/08]

945 Questions— 12 February 2008. Written Answers

211. Deputy Finian McGrath asked the Minister for Health and Children if she will urgently intervene in the pharmacy services dispute as a matter of priority. [4633/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 199 and 211 together. I agreed to the establishment, by the Health Service Executive, of a process of dialogue under Mr. Bill Shipsey SC to address concerns expressed by the Irish Pharmaceutical Union (IPU) on behalf of community pharmacists, about the implications of legal advice on competition law on the right of the IPU to negotiate fees or margins on their behalf with the HSE. At a meeting between the Health Service Executive (HSE) and the Irish Pharmaceutical Union (IPU) under Mr Shipsey SC on 5 December 2007, a proposal was outlined to the IPU to (i) address their immediate concerns regarding the alleged impact of the proposed revised wholesaler arrangements on GMS-dependent pharmacies and (ii) to provide a basis upon which discussions on a new substantive contract could commence. The IPU was not prepared to accept this proposal from the HSE and, accordingly, no further discussions have taken place under Mr Shipsey’s aegis since then. I have not had direct communications with Mr. Shipsey but I understand that he has indicated to the HSE his availability should either party request this. Notwithstanding the failure to reach agreement, the HSE has offered a draft interim contract to pharmacists to address their main concerns regarding the alleged impact of the proposed revised wholesaler arrangements on GMS-dependent pharmacies. I am informed that the HSE intends to implement the deferred revised wholesaler arrangements from 1st March 2008. The Executive also recently commenced discussions with the IPU and other parties on the development of a new substantive pharmacy contract. The details of the draft interim contract, and the HSE’s other intentions in this regard, were set out in a letter to individual community pharmacists on 2nd January 2008. In the light of the legal position previously outlined in the House, and after further consultation with the Attorney General, the other relevant Departments and the HSE on the best way of progressing the development of a new contract with pharmacists in compliance with competition law, my Department is working to develop appropriate arrangements for the development of contracts and for the setting of the fees payable in respect of contracts with private sector undertakings for the provision of health services on behalf of the HSE. These arrangements may include the establishment of an independent body which would consider the nature of the service to be provided and all other relevant factors in each case and make recommendations to the Government in relation to the fees it considers appropriate. The composition of such a body, its terms of reference and the timescale for its work are amongst the matters to be considered in this regard. In line with the legal advice received, the HSE may enter into discussions with community pharmacists on the non-fee aspects of their contract, with a view to developing a new substantive pharmacy contract.

Child Care Services. 200. Deputy John Deasy asked the Minister for Health and Children the criteria for approving applications for funding under the National Childcare Investment Programme 2006 to 2010; and if she will make a statement on the matter. [4559/08]

946 Questions— 12 February 2008. Written Answers

The NCIP came into effect from 1 January 2006, and aims to provide a proactive response to the development of quality childcare supports and services, which are grounded in an understanding of local needs. It is building on the success of the Equal Opportunities Childcare Programme 2000-2006 (EOCP) and incorporates among its key objectives: increasing the supply and improving the quality of early childhood care and education services. Services eligible for support include those providing care for babies, full-day care, part-time, sessional playschool and other pre-school places, school age childcare including “wrap around” childcare places, and childminding. Special consideration is given to supporting services which provide a range of these services.

Eligibility for capital grant funding under the NCIP is assessed under a number of criteria; chiefly the nature and extent of the need locally for the service proposed, the applicant’s capacity to deliver the project proposed and value for money. To comply with the criteria, services, including playschool and other pre-school services, are expected to operate for minimum periods per day. All proposals are expected to demonstrate how they will increase the supply of quality childcare and community-based projects are expected to demonstrate a focus on disadvantage. The maximum capital grants available under the scheme for the building or expansion of childcare facilities are \1.2 million per facility for community-based not for profit providers and \100,000 per facility for private providers (subject to a maximum of 75% of the total cost) and a maximum of \500,000 for multiple services in different catchment areas. In addition, a small grant scheme is available for Parent and Toddler Groups.

Following a review of the operation of the Programme to date, and in the context of the Value for Money Review of the EOCP, revised guidelines for the assessment of capital applications were introduced last April. These include provision for grant funding of up to \5,000 per additional place for short-time sessional playgroups and similar services which do not meet the minimum operating periods required under the main grant schemes. Subject to the programme criteria, grant aid is also available to assist in the renovation and equipment of existing services, including playschools. To apply for NCIP funding applicants should contact their local City or County Childcare Committee (CCC) who will provide advice and assistance in the completion of applications.

201. Deputy John Deasy asked the Minister for Health and Children the number of applications for funding under the National Childcare Investment Programme 2006 to 2010 received from each county; the number of approved applications from each county included in the \39 million NCIP capital spending announced on 30 January 2008; the amount of grants approved for each county under the 30 January 2008 NCIP announcement; and if she will make a statement on the matter. [4560/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): As the Deputy will be aware, I have responsibility for the National Childcare Investment Prog- ramme 2006-2010 (NCIP), which will invest \575 million over 5 years, with \358 million of this in capital grant aid for childcare services. The following table below gives the details requested, regarding the number of capital grant applications under the NCIP, broken down by county, which have been received and approved to date as well as the number of these which were approved in January 2008.

947 Questions— 12 February 2008. Written Answers

[Deputy Brendan Smith.] Breakdown of NCIP 2006-2010 Capital Applications

County Total No. Total No. of Applications Amount approved in applications received approved approved in Jan 2008 Jan 2008 applications

Carlow 18 16 8 2,330,344 Cavan 33 26 6 1,940,750 Clare 32 29 11 3,521,398 Cork 85 71 15 2,092,656 Donegal 30 28 6 681,437 Dublin 185 146 47 5,829,661 Galway 62 50 11 1,346,663 Kerry 51 44 11 754,310 Kildare 54 47 11 2,114,396 Kilkenny 20 19 7 1,195,500 Laois 13 9 1 100,000 Leitrim 10 9 3 700,000 Limerick 42 36 12 947,126 Longford 25 22 3 162,750 Louth 29 25 6 424,284 Mayo 22 21 6 2,745,351 Meath 44 35 9 1,875,000 Monaghan 18 16 6 2,483,064 Offaly 10 8 2 108,473 Roscommon 14 13 4 505,000 Sligo 8 7 0 0 Tipperary 39 33 10 3,134,575 Waterford 14 12 3 257,000 Westmeath 19 17 3 277,000 Wexford 24 22 5 1,935,434 Wicklow 35 29 10 1,598,309

Total 936 790 216 39,060,481

Nursing Homes Repayment Scheme. 202. Deputy Michael McGrath asked the Minister for Health and Children the position regarding an application under the nursing home charges repayment scheme for a person (details supplied) in County Cork. [4563/08]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

Hospital Staff. 203. Deputy Edward O’Keeffe asked the Minister for Health and Children the future position regarding nursing staff at a hospital (details supplied) in County Cork; and her views on the proposed changes. [4565/08] 948 Questions— 12 February 2008. Written Answers

Minister for Health and Children (Deputy Mary Harney): The Deputy’s question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act, 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and have a reply issued directly to the Deputy.

Hospital Accommodation. 204. Deputy Edward O’Keeffe asked the Minister for Health and Children the future status for a hospital (details supplied) in County Cork; and her views on whether works will be carried out to update this hospital. [4566/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. The Executive, therefore, is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Smoking Ban. 205. Deputy James Reilly asked the Minister for Health and Children if the tobacco industry or their representatives were appraised of options that her Department were considering with respect to the commencement of further provisions of the Public Health (Tobacco) Act 2002 and the Public Health (Tobacco) (Amendment) Act 2004 in advance of the public consultation process; and if she will make a statement on the matter. [4574/08]

206. Deputy James Reilly asked the Minister for Health and Children the number of meetings and detail of same with the tobacco industry or their representatives and the number of meetings and detail of same with retailers of tobacco products or their representatives which were conducted by her officials regarding the commencement of further provisions of the Public Health (Tobacco) Act 2002 and the Public Health (Tobacco) (Amendment) Act 2004 in advance of the public consultation process; and if she will make a statement on the matter. [4575/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 205 and 206 together. Neither the tobacco industry nor its representatives were apprised of the options that my Department was considering regarding the commencement of further provisions of the Public Health (Tobacco) Acts 2002 and 2004 in advance of the public consultation process, nor were any meetings conducted by my officials with the tobacco industry, its representatives or retailers of tobacco products or their representatives regarding the commencement of further provisions of the Acts in advance of the public consultation process.

Hospital Services. 207. Deputy Thomas Byrne asked the Minister for Health and Children the provisions being afforded to cystic fibrosis patients; and the plans to improve care for sufferers; and if she will make a statement on the matter. [4580/08]

Minister for Health and Children (Deputy Mary Harney): I have identified the enhancement of services to people with cystic fibrosis as a key priority. In 2006 and 2007, additional revenue

949 Questions— 12 February 2008. Written Answers

[Deputy Mary Harney.] funding of \6.78 million was provided to the Health Service Executive for cystic fibrosis services. My Department is advised that 44 additional staff dealing with cystic fibrosis have been appointed to date across a number of hospitals, including St Vincent’s Hospital, Beaumont Hospital, Temple Street Children’s Hospital, Crumlin Hospital, Tallaght Hospital, Cork Uni- versity Hospital, University College Hospital Galway, the Mid-Western Regional Hospital in Limerick and Waterford Regional Hospital. The necessary funding is available to facilitate the recruitment of a further 37 staff throughout the country. The HSE was asked to place a particular focus on the development of services at the National Tertiary Referral Centre at St. Vincent’s Hospital. It has been working intensively with the hospital and with representatives of the Cystic Fibrosis Association of Ireland to progress options for further interim improvements. A number of capital projects have recently been completed at the hospital and have helped to improve facilities. These include a new ambulat- ory care centre, the refurbishment of St. Camillus’ Ward, and a new accident and emergency unit which includes single room accommodation. The HSE is fast-tracking the redevelopment of a ward which is adjacent to the main cystic fibrosis treatment area at St. Vincent’s Hospital. The project will commence within the next few weeks and will provide six single rooms. On completion, additional work will begin to provide a further eight single rooms. This will result in a total of 14 single rooms for cystic fibrosis patients by the end of the summer. In the longer term, a new ward block is to be built and will include 120 replacement beds in single en suite accommodation. The new facility will accommodate cystic fibrosis patients and will include appropriate isolation facilities. Planning permission has been obtained, financial provision has been included in the HSE Capital Plan and the contract is to be awarded by the end of this year. It will be a condition of the contract that the design build period is to be not more than 24 months from the date of contract award. The hospital has also introduced a Home Treatment programme for cystic fibrosis patients which has enabled up to 60% of patients to receive certain aspects of their treatment at home. Beaumont Hospital operates as a regional centre in providing services to adults with cystic fibrosis. In the 2008 Budget, a special allocation of \2.5 million of capital funding was provided to enable Beaumont Hospital to provide outpatient facilities for cystic fibrosis patients. Under the 1970 Health Act, the Health Service Executive may arrange for the supply, without charge, of drugs, medicines and medical and surgical appliances to people with a specified condition, for the treatment of that condition, through the Long Term Illness Scheme. The scheme does not cover GP fees or hospital co-payments. Cystic fibrosis is one of the conditions covered by this scheme. Products which are necessary for the management of cystic fibrosis are available to LTI patients. Other products are available according to the patient’s eligibility. Non-reimbursed medical expenses above a set annual threshold may be offset against tax.

Health Services. 208. Deputy Finian McGrath asked the Minister for Health and Children if she will support a group (details supplied). [4590/08]

Minister of State at the Department of Health and Children (Deputy Pat The Cope Gallagher): The Deputy’s question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

950 Questions— 12 February 2008. Written Answers

Child Care Services. 209. Deputy Denis Naughten asked the Minister for Health and Children the number of immigrant unaccompanied children who have gone missing from Health Service Executive accommodation in each of the past five years; the steps which have been taken to retrace these children; the discussions her Department has had with the HSE on the issue; the conclusion of such discussions; and if she will make a statement on the matter. [4624/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): The Deputy’s question mainly relates to the management and delivery of health and social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have the matter investigated and to have a reply issued directly to the Deputy. The phenomenon of unaccompanied or separated children who are seeking asylum going missing from care is not unique to Ireland. Evidence from other countries indicates this is a substantial problem. In 2005 the Health Service Executive commissioned a review of services provided to unaccompanied minors seeking asylum. A Group representative of the key agencies including the HSE, the Office of the Minister for Children and the Irish Naturalisation and Immigration Service was set up and is considering the recommendations of this review and their implementation. The issue of these minors going missing is being examined in the context of this group’s work. My Office has asked the HSE to take all necessary steps to ensure the safety and welfare of these young people. The HSE has assured my Office that all possible steps are taken to protect these children within the resources available. The 2001 “Policy on Absence without Leave” is being followed by the HSE in respect of these children. In addition, new national protocols regarding missing children are being drafted by the HSE in consultation with the Garda Missing Persons Bureau and will be finalised shortly.

Computerisation Programme. 210. Deputy James Bannon asked the Minister for Health and Children if she will verify the exact financial loss resulting from the abandonment of the Progresa computer system by the Blood Transfusion Board. [4628/08]

Minister for Health and Children (Deputy Mary Harney): The Progesa Computer System in the Irish Blood Transfusion Service has been in operation since 2003. The eProgesa upgrade of that system was discontinued in March 2007. As a result of discontinuing the upgrade, a sum of \729,335.17 was written off. This can be broken down as follows: Software, \100,158.96; Professional Services, \90,756.52; and Internal Staff costs, \538,419.69. The service has assured my Department that its current IT system is operating effectively and presents no concerns for patient or product safety.

Question No. 211 answered with Question No. 199.

Services for People with Disabilities. 212. Deputy Pat Rabbitte asked the Minister for Health and Children the reason there is no provision for a person (details supplied) in Dublin 24 to receive speech therapy; if her attention has been drawn to the fact that this child with special needs never received speech therapy; and if she will make a statement on the matter. [4649/08]

951 Questions— 12 February 2008. Written Answers

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): As part of the Multi-Annual Investment Programme 2006-2009 under the Disability Strategy, the Government provided the Health Service Executive with an additional \75 million in both 2006 and 2007. This funding included moneys to provide new and enhanced services for people with disabilities, to implement Part 2 of the Disability Act 2005, which came into effect on 1 June 2007 for those under the age of five, and also for the continuation of the implementation of the transfer of persons with intellectual disability from psychiatric hospitals and other inappropriate placements. The Government is also honouring its promise in relation to the Multi-Annual Investment Programme for people with disabilities, with a further \50 million investment which was announced in the 2008 Budget. The Deputy’s question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

Health Services. 213. Deputy Phil Hogan asked the Minister for Health and Children when orthodontic treatment will be provided for a person (details supplied) in County Kilkenny; and if she will make a statement on the matter. [4672/08]

Health Service Staff. 214. Deputy Leo Varadkar asked the Minister for Health and Children if she has implemented any of the Competition Authority’s recommendations regarding optometrists to date; and if she will make a statement on the matter. [4683/08]

Minister for Health and Children (Deputy Mary Harney): The executive summary of the Report to which the Deputy refers commences “The optometry profession in Ireland is an example of a profession where competition is generally working well”. The Report makes five recommendations, four of which fall within my remit. The first of these recommendation is to “allow optometrists to provide State-funded eye examinations to children identified at national school exit screening”. My Department has informed the Competition Authority that children over the age of eight years could be referred directly to optometrists from the school medical service. The mechanics of introducing this change are being examined at present in the context of a HSE review of the role of the community ophthalmic physician. The final three recommendations concern the removal of unnecessary restrictions on advertising, setting out the functions of the Opticians Board in legislation and changing the composition of the Opticians Board. My Department has informed the Competition Authority that these recommendations will be considered in the event of a review of the Opticians Act 1956.

Hospital Services. 215. Deputy Deirdre Clune asked the Minister for Health and Children the reason it can take three months or longer to receive the results of a smear test in the Cork region; her plans to rectify this situation; and if she will make a statement on the matter. [4691/08]

952 Questions— 12 February 2008. Written Answers

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Hospital Waiting Lists. 216. Deputy Jack Wall asked the Minister for Health and Children when a person (details supplied) in County Kildare will receive an appointment date at Portlaoise General Hospital for an operation; and if she will make a statement on the matter. [4697/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Care of the Elderly. 217. Deputy Fergus O’Dowd asked the Minister for Health and Children if she will respond to the concerns of an association (details supplied) in County Louth; and if she will make a statement on the matter. [4698/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): The new nursing home support scheme, A Fair Deal, aims to remedy the inequities that exist in the current system. At present, people face greatly different costs depending on whether they are in public or private nursing homes. In addition, individual contributions in public nursing homes are based on a flat rate regardless of an individual’s wealth, whereas State support for individuals in private nursing homes is based on means testing. This means that many people in private nursing homes get no support, and even with a nursing home subvention, people can face costs they cannot afford. The result is that some people are forced to sell or mortgage their homes to pay for care costs. The new scheme will ensure that the State continues to fund the largest part of care costs overall. Furthermore, a person’s family will not have to contribute towards the cost of their care. Under A Fair Deal, individuals who require long-term residential care will contribute a maximum of 80% of their net assessable income whether for public or private nursing home care. In calculating an individual’s net assessable income, it is proposed that account can be taken of specified items of expenditure. Depending on the amount of a person’s assessable income, there may also be a contribution of up to 5% of a person’s assets. The State will meet the balance of cost thereafter in public or private nursing homes and an individual’s family and/or friends will not have to contribute towards the cost of their care. An individual can choose any nursing home subject to its ability to meet their care needs and availability. The payment of the portion of the contribution relating to assets can be paid at the time when care is received or may be deferred until the settlement of the individual’s estate if they wish. If an individual opts to defer this portion of the contribution, the Revenue Commissioners will collect it on settlement of their estate. If the contribution is based on the principal private residence,

953 Questions— 12 February 2008. Written Answers

[Deputy Ma´ire Hoctor.] it will be capped at a maximum of 15%, or 7.5% in the case of one spouse going into long- term residential care while the other remains in the home. This means that after three years in care, an individual will not be liable for any further deferred contribution based on the principal residence. If a spouse or certain dependants are living in the principal residence, the contribution may be further deferred until after the death of that spouse or dependant, or until such time as a person previously qualifying as a dependant ceases to qualify as such. Finally, the new scheme will not be limited to persons over the age of 65. Any person who enters long-term residential care in a nursing home will be able to apply to avail of the scheme.

Health Services. 218. Deputy Joe McHugh asked the Minister for Health and Children the reason the Govern- ment have failed for the past 17 months to give the Duchenne muscular dystrophy community an answer as to when a decision regarding the funding for referral will be made; and if she will make a statement on the matter. [4711/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): As the Deputy is aware, officials from the Department of Health and Children and I met representatives of Muscular Dystrophy Ireland in October last year and we discussed the issue raised by the Deputy. I issued a letter to the Director of Muscular Dystrophy Ireland last week outlining the Department’s position in relation to funding research trials into Duchenne Muscular Dys- trophy in the United Kingdom.

219. Deputy Jack Wall asked the Minister for Health and Children the reason an application for the home care grant package by a person (details supplied) in County Kildare has been refused; and if she will make a statement on the matter. [4738/08]

Community Care. 220. Deputy Brian Hayes asked the Minister for Health and Children the number of primary care teams the HSE plans to establish on the north side of Dublin city and what these primary care teams are; the number of these teams that will require capital expenditure for their establishment; and if she will make a statement on the matter. [4742/08]

Minister for Health and Children (Deputy Mary Harney): The Primary Care Strategy aims to develop services in the community to give people direct access to integrated multi-disciplinary teams of general practitioners, nurses, home helps, physiotherapists, occupational therapists and others. It has been estimated that up to 95% of people’s health and social services needs can be properly met within a primary care setting. The establishment of new Primary Care Teams can contribute greatly to enhancing community based health services. The HSE received additional funding of \40 million over the period 2006 to 2008 for the establishment of 200 primary care teams, involving 600 front-line professionals. The Government has

954 Questions— 12 February 2008. Written Answers committed under the Towards 2016 agreement to the establishment of 300 Primary Care Teams by 2008; 400 by 2009; and 500 by 2011. A review of these targets is due to be undertaken in 2008. The provision of the appropriate infrastructure to facilitate the delivery of primary care services is being considered by the HSE with regard to certain factors, including the type and configuration of the services involved, the mixed public and private nature of our health system, the suitability of existing infrastructure and the capital requirements of the health services over the coming years. The HSE recently sought expressions of interest from the private sector for the provision of the Primary Care Team infrastructure. It is proposing to enter into fixed-term leases with such providers. As the HSE has the operational and funding responsibility for Primary Care services, it is the appropriate body to consider the particular matters raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

Homeless Persons. 221. Deputy Brian Hayes asked the Minister for Health and Children if she plans to commit funding for drop-in-centres for homeless drug and alcohol users in Abbey Street in 2008; and if she will make a statement on the matter. [4743/08]

Minister for Health and Children (Deputy Mary Harney): As the Deputy’s question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Nursing Homes Repayment Scheme. 222. Deputy Joanna Tuffy asked the Minister for Health and Children if she will expedite an application to the health repayment scheme in respect of a person (details supplied) in County Dublin; the reasons for the delay in processing the application. [4745/08]

Care of the Elderly. 223. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the plans in place to ensure that the additional \1.1 million she announced in December 2007 towards progressing the care costs in sheltered housing will be delivered on in 2008; the way she will ensure that proper and transparent criteria, including prioritisation for voluntary housing associations seeking such funding, are applied in a consistent manner throughout the country; if she will clarify whether this \1.1 million is additional to the previous funding stream of less than \1.5 million that was in place in 2007; and if she will make a statement on the matter. [4750/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): The Government’s policy on older people is to support people to live in dignity and independence in their own homes and communities for as long as possible and, where this is not possible, to support access to quality long-term residential care. This policy approach is renewed and

955 Questions— 12 February 2008. Written Answers

[Deputy Ma´ire Hoctor.] developed in the latest partnership agreement, Towards 2016. The focus in Budget 2008 was to ensure continued improvements in the key area of community and home-based services. In this regard, an additional package of \22 million has been allocated for community initiatives, including an additional \1.1 million to progress the development of sheltered housing for older people. This is in addition to the \500,000 announced in Budget 2007. The Deputy may be aware that earlier this year the Department of the Environment, Heri- tage and Local Government established a Cross Departmental Team on Sheltered Housing, involving the Department of Health and Children, the HSE, the Office for Social Inclusion and local authorities. The Cross Departmental Team will, in conjunction with the Office of the Minister for Older People, develop and oversee policy on sheltered housing provision for older people and agree protocols for integrated management and delivery of housing and related care services. The establishment of the team forms part of an overall strategic response to the housing needs of older people, as outlined in the Government’s Housing Policy Statement, Delivering Homes, Sustaining Communities, which was published earlier this year. Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Funding for health services has been provided as part of the Executive’s overall vote for health and personal social services in 2008. The allocation of resources is a matter for the Executive in accordance with the overall priorities for particular services as set out in its Service Plan. Therefore, the Executive is the appropriate body to consider the particular matter raised by the Deputy. The Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Departmental Staff. 224. Deputy Arthur Morgan asked the Minister for Health and Children the number of agency workers employed by her Department and by State agencies which fall under the auspices of her Department. [4788/08]

Minister for Health and Children (Deputy Mary Harney): I wish to advise the Deputy that the number of agency workers employed by my Department is 3 (the Ombudsman for Chil- dren’s Office utilises the services of two agency staff and the Leas Cross Commission utilises the service of one). In relation to the number of agency workers employed by State agencies under the aegis of my Department, I understand these figures are being collected at present and will be forwarded to the Deputy as soon as they are available.

Judicial Proceedings. 225. Deputy Brian O’Shea asked the Minister for Health and Children the cost to the State of the recent High Court proceedings regarding the health warnings on cigarette packets sold here being published in Irish as well as in English; and if she will make a statement on the matter. [4800/08]

226. Deputy Brian O’Shea asked the Minister for Health and Children the arrangements she has made to ensure that all imported cigarette packets sold here will conform in regard to the health warning being published in both Irish and English; and if she will make a statement on the matter. [4801/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 225 and 226 together.

956 Questions— 12 February 2008. Written Answers

The costs of the action have not yet been established. In relation to all imported cigarettes conforming to the health warning being published in both Irish and English, it is not anticipated that any difficulties will arise.

Health Services. 227. Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be called for an appointment in relation to their circulation problems. [4807/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have this case investigated and to have a reply issued directly to the Deputy.

Nursing Homes Repayment Scheme. 228. Deputy Pat Breen asked the Minister for Health and Children the status of an application by a person (details supplied) in County Clare; and if she will make a statement on the matter. [4812/08]

229. Deputy Pat Breen asked the Minister for Health and Children the status of an application by a person (details supplied) in County Clare; and if she will make a statement on the matter. [4813/08]

230. Deputy Pat Breen asked the Minister for Health and Children the status of an application by a person (details supplied) in County Clare; and if she will make a statement on the matter. [4814/08]

231. Deputy Pat Breen asked the Minister for Health and Children the status of an application by a person (details supplied) in County Clare; and if she will make a statement on the matter. [4815/08]

957 Questions— 12 February 2008. Written Answers

232. Deputy Pat Breen asked the Minister for Health and Children the status of an application by a person (details supplied) in County Clare; and if she will make a statement on the matter. [4816/08]

233. Deputy Pat Breen asked the Minister for Health and Children the status of an application by a person (details supplied) in County Galway; and if she will make a statement on the matter. [4817/08]

234. Deputy Pat Breen asked the Minister for Health and Children the status of an application by persons (details supplied) in County Clare; and if she will make a statement on the matter. [4818/08]

235. Deputy Pat Breen asked the Minister for Health and Children the status of an application by persons (details supplied) in County Clare; and if she will make a statement on the matter. [4819/08]

Health Services. 236. Deputy Pat Breen asked the Minister for Health and Children if she has plans to increase funding for the home help service (details supplied); and if she will make a statement on the matter. [4820/08]

958 Questions— 12 February 2008. Written Answers

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Execu- tive is the appropriate body to consider the particular matter raised by the Deputy. My Depart- ment has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Ambulance Service. 237. Deputy Timmy Dooley asked the Minister for Health and Children when it is expected to have a 24 hour ambulance service located at the ambulance base in Scariff, County Clare. [4821/08]

Voluntary Sector Funding. 238. Deputy Mary O’Rourke asked the Minister for Health and Children if her attention has been drawn to the fact that the Health Service Executive has refused funding for a society (details supplied); and the reason for this cut-off. [4966/08]

257. Deputy Willie Penrose asked the Minister for Health and Children the reason a society (details supplied) has not been allocated funding for 2008; if her attention has been drawn to the fact that the society is reliant upon sponsorship and the generosity of donors; if, in this context, she will take steps to have the decision to refuse funding to the society fully reviewed and reversed; and if she will make a statement on the matter. [5164/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 238 and 257 together. Under the Health Act 2004, responsibility for the funding of voluntary organisations who are involved in the provision of health and personal social services rests with the Health Service Executive. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the specific matters investigated and to have replies issued directly to the Deputies.

Cancer Incidence. 239. Deputy Paul Gogarty asked the Minister for Health and Children if her attention has been drawn to the plans by the Department of Communications, Energy and Natural Resources to commission an independent study into the transmission line infrastructure to address issues of concern relating to overhead power lines; if she will carry out a concurrent study to prove or disprove anecdotal evidence of links to cancer clusters adjacent to areas where power lines and mobile phone masts are located side by side, such as in her constituency at Ronanstown; and if she will make a statement on the matter. [4991/08]

Minister for Health and Children (Deputy Mary Harney): I am aware of and welcome the study on electricity transmission lines commissioned by my colleague, the Minister for Communications, Energy and National Resources and I await the outcome of this study with

959 Questions— 12 February 2008. Written Answers

[Deputy Mary Harney.] interest. The Health Service Executive East undertook an examination of the incidence of cancer in the Ronanstown/North Clondalkin area using the most recently available information (eleven years from 1994 to 2004 inclusive) from the National Cancer Registry of Ireland (NCRI). Routine investigation of a possible cancer cluster involves comparison of incidence levels in a small local area with those found in a larger reference area. The smallest area for which information is available is an Electoral Division. Four electoral division include or are in close proximity to Ronanstown (Clondalkin-Rowlagh, Clondalkin-Cappaghmore, Clondalkin-Moor- efield, Lucan-Esker). The reference areas used were Ireland and Counties Dublin, Kildare and Wicklow. In summary, an examination of the total cancer incidence data for the four Electoral Divisions (combined) around and including Ronanstown suggests that the total incidence of cancer is similar to that of Ireland and similar to that of the Eastern area. Looking at the incidence of the four commonest cancers (lung, breast, colorectal and prostate), the examination found that Lung cancer has a significantly increased incidence compared to the Eastern area and to Ireland while Breast cancer incidence is significantly less than in the Eastern area but has a similar incidence to that of Ireland. The incidence of lymphoma, leukaemia, stomach, melanoma, bladder and brain cancer were not found to vary significantly from Ireland or from the Eastern area. The position with regard to the four Electoral Divisions is as follows: Clondalkin -Rowlagh, Clondalkin-Moorefield and Lucan-Esker have a similar total cancer incidence to the Eastern area and to Ireland. Clondalkin-Cappaghmore has a significantly lower total cancer incidence than the Eastern area but a similar incidence to Ireland. Clondalkin- Rowlagh and Clondalkin-Moorefield show a significantly increased incidence of lung cancer. This was the only cancer with an increased incidence at individual electoral division level. Overall, the NCRI cancer incidence data does not suggest that there is a particular problem with cancer, except for lung cancer, in the Ronanstown area. Tobacco smoking is the primary risk factor for lung cancer and is estimated to account for up to 80% of lung cancer in developed countries. It is expected that a reduction in smoking prevalence in the area would lead to a reduction in the incidence of lung cancer. It must be borne in mind that this outcome is most probably related to lifestyle over the past twenty or more years. The Health Service Executive East will continue to monitor the cancer incidence data as more years of data become available.

Data Protection. 240. Deputy Leo Varadkar asked the Minister for Health and Children if disks, laptops or memory storage devices containing personal information about members of the public have been lost or stolen from her Department; and if she will make a statement on the matter. [5006/08]

Minister for Health and Children (Deputy Mary Harney): I understand that there was no personal information concerning members of the public involved where a loss of ICT equipment occurred from my Department. Procedures are in place to inform staff of the issues surrounding the management of confidential data via an acceptable usage policy for ICT facilities. As part of the 2008 business plan, my Department is undertaking a comprehensive review of ICT guidelines and security arrangements.

Child Care Services. 241. Deputy Michael Ring asked the Minister for Health and Children if he will reconsider

960 Questions— 12 February 2008. Written Answers a staffing grant application by a group (details supplied) in County Mayo as had been promised, rather than basing its grant on the interim amount which was approved to it for the period from September to December 2007, particularly as this group have been informed that it is not eligible for a top-up grant. [5018/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): As the Deputy will be aware, I have responsibility for the National Childcare Investment Prog- ramme 2006-2010 (NCIP), which will invest \575 million over 5 years. I understand that, in July 2007, the Group referred to was approved under the NCIP interim staffing support scheme for a start up grant of \3,000 in respect of the period September to December 2007. The interim scheme was introduced in 2007 to facilitate services which could not meet the contractual deadline applicable to the staffing support grant scheme under the Equal Opportunities Child- care Programme 2000-2006 (EOCP), and pending the introduction of the NCIP Community Childcare Subvention Scheme (CCSS) in January 2008. With the closure in December 2007 of funding under the EOCP, community-based childcare services with a focus on disadvantage continue to be eligible for support funding under the CCSS, to which \153 million in Exchequer funding has been allocated during 2008-2010. Com- munity childcare services funded under either the EOCP or interim NCIP staffing support schemes were eligible to apply under transitional arrangements introduced for the CCSS and the Group in question has been approved for funding in respect of the period January to June 2008. All such transitional funding is calculated on a pro-rata basis on the previous level of staffing support funding for which approval was given. The service is free to appeal in writing to the Childcare Directorate of my Office in regard to the amount of transitional funding for which it has been approved, however, to date no appeal has been received. Funding for the period post June 2008 will be based on the parent profiles submitted by the Group, on the same basis as other Groups funded under the scheme.

Health Services. 242. Deputy Charlie O’Connor asked the Minister for Health and Children the number of people waiting for community services in physiotherapy, occupational therapy, speech and language therapy and audiology in each local health office; and if she will make a statement on the matter. [5049/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): As part of the Multi-Annual Investment Programme 2006-2009 under the Disability Strategy, the Government provided the Health Service Executive with an additional \75m in both 2006 and 2007. This funding included monies to provide new and enhanced services for people with disabilities, to implement Part 2 of the Disability Act 2005, which came into effect on June 1st 2007 for the under 5’s and also for the continuation of the implementation of the transfer of persons with intellectual disability from psychiatric hospitals and other inappropriate placements. The Deputy’s question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have this matter investigated and to have a reply issued directly to the Deputy.

Alcohol-related Deaths. 243. Deputy Tom Sheahan asked the Minister for Health and Children the number of

961 Questions— 12 February 2008. Written Answers

[Deputy Tom Sheahan.] alcohol-related deaths recorded in County Kerry during 2006; and if she will make a statement on the matter. [5050/08]

Minister for Health and Children (Deputy Mary Harney): The statistics requested by the Deputy are not available at present. Since 2004 direct alcohol related deaths have been collected through the National Drug-Related Deaths Index. I am informed by the Health Research Board that in March 2008 the number of alcohol related deaths for 2004 and 2005 will be available. 2006 data will be available in 2009.

Hospital Services. 244. Deputy Tom Sheahan asked the Minister for Health and Children the number of hospital bed nights taken up by people with alcohol related problems in Kerry General Hospital and in other hospitals where people from County Kerry are treated during 2006; and if she will make a statement on the matter. [5051/08]

245. Deputy Tom Sheahan asked the Minister for Health and Children the number of visits to the outpatients clinic at Kerry General Hospital by people with alcohol related problems during 2006; and if she will make a statement on the matter. [5052/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 244 and 245 together. Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issues raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matters investigated and to have a reply issued directly to the Deputy.

Infectious Diseases. 246. Deputy Olivia Mitchell asked the Minister for Health and Children if it is policy to ensure that patients with mental and physical disabilities in residential homes are segregated from residents suffering from MRSA; and if she will make a statement on the matter. [5057/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive (HSE) under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a full reply issued directly to the Deputy. HSE policy recommends that staff of such homes and the relevant GP are informed before transfer of a patient with MRSA, residents are encouraged to practise good hygiene and are assisted with this where necessary, guidelines on hand hygiene and infection control are applicable, single rooms are used where available and deemed suitable to the particular circumstances, and grouping of patients with MRSA is prac- tised where possible.

Data Protection. 247. Deputy Leo Varadkar asked the Minister for Health and Children if she has been informed by any of the agencies attached to her Department, if those agencies have lost or had

962 Questions— 12 February 2008. Written Answers stolen from them any disks, laptops or memory storage devices containing personal information regarding members of the public; and if she will make a statement on the matter. [5078/08]

Minister for Health and Children (Deputy Mary Harney): Under the Health Act 2004, the Health Service Executive has direct responsibility for the planning and management of health sector developments for both the HSE itself and the majority of other health agencies. Accord- ingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy in relation to the HSE and those agencies. In relation to other health agencies which are directly funded through my Department, arrangements are being made to have the required details collated. The information will be forwarded to the Deputy as soon as this exercise is completed.

Mental Health Services. 248. Deputy Andrew Doyle asked the Minister for Health and Children the policy for developing facilities for children and teenagers admitted to accident and emergency with mental health crises such as suicidal tendencies or self-harm behaviours. [5085/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): Policy in relation to suicide and self-harm is outlined in ‘Reach Out’ the National Strategy for Action on Suicide Prevention 2005-2014, which was launched in September 2005. The HSE’s National Office for Suicide Prevention has lead responsibility for implementing this policy. The Execu- tive, therefore, is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Hospital Services. 249. Deputy Eamon Gilmore asked the Minister for Health and Children when it is proposed to provide additional capacity in the dialysis unit at the General Hospital, Letterkenny, County Donegal. [5102/08]

Departmental Studies. 250. Deputy Leo Varadkar asked the Minister for Health and Children the basis for the Government’s decision not to include DNA sampling in the scientific longitudinal childhood study; and if she will make a statement on the matter. [5118/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): I would refer the Deputy to the text of my reply to Question No. 261 dated Tuesday, 5 February 2008 about the National Longitudinal Study of Children in Ireland. No provision has been made for DNA sampling at this time.

Departmental Correspondence. 251. Deputy Dan Neville asked the Minister for Health and Children if she has responded to correspondence from a person (details supplied) in County Limerick. [5120/08]

963 Questions— 12 February 2008. Written Answers

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): An interim reply issued to the named person on 24 December 2007 indicating that a report was being sought from the Health Service Executive. A report was recently received and a further letter will issue shortly.

Housing Aid for the Elderly. 252. Deputy Dan Neville asked the Minister for Health and Children the situation regarding the application for work to be completed to the house of a person (details supplied) in County Limerick under the special housing aid for the elderly scheme. [5121/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive (HSE) under the Health Act 2004 and funding for all health services has been provided as part of its overall Vote. The HSE’s responsibility includes the operation of the Housing Aid Scheme for the Elderly, on behalf of the Department of Environment, Heritage and Local Government. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. The Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

253. Deputy Dan Neville asked the Minister for Health and Children the position regarding work to be completed under special housing aid for the elderly for a person (details supplied) in County Limerick. [5122/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive (HSE) under the Health Act 2004 and funding for all health services has been provided as part of its overall Vote. The HSE’s responsibility includes the operation of the Housing Aid Scheme for the Elderly, on behalf of the Department of Environment, Heritage and Local Government. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. The Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Hospital Staff. 254. Deputy Brian O’Shea asked the Minister for Health and Children the number of specialist nurses that have been employed in the various departments of Waterford Regional Hospital in each of the past five years; and if she will make a statement on the matter. [5155/08]

Minister for Health and Children (Deputy Mary Harney): The numbers of doctors, nurses and other health care professionals employed in the public health system have increased significantly in recent years, in tandem with the high level of investment in the development in new services. In December 2007, a revised employment ceiling for the health service of 108,291 expressed in whole time equivalents was sanctioned, representing an increase of 291 over the December 2006 approved ceiling and 10,741 over that approved at the end of 2005. There has also been a substantial expansion of training places available at undergraduate level across a range of health care professions in order to ensure an ongoing supply of personnel in sufficient numbers for our health services into the future. Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is

964 Questions— 12 February 2008. Written Answers a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Medicinal Products. 255. Deputy Brian O’Shea asked the Minister for Health and Children when the drug sodium amytol was licensed for use here; and if she will make a statement on the matter. [5156/08]

Minister for Health and Children (Deputy Mary Harney): The Irish Medicines Board is the competent authority for the regulation of medicinal products in Ireland. I am advised by the Board that the drug sodium amytol was licensed in 1977 but taken off the market by the licensee in 1992.

Health Service Staff. 256. Deputy Brian O’Shea asked the Minister for Health and Children the number of community welfare officers employed in each community care area in each of the past five years in the south-east region; and if she will make a statement on the matter. [5157/08]

Minister for Health and Children (Deputy Mary Harney): Almost 130,000 people work full- time or part-time in our public health services. In recent years, the Government’s ongoing high level of investment in health has achieved and maintained significant increases in the number of doctors, nurses and other health care professionals employed in the public health services. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the health care needs of the population into the future. Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of the Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

Question No. 257 answered with Question No. 238.

Question No. 258 answered with Question No. 183.

Health Statistics. 259. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children the number of drug related deaths each year for the past five years in Waterford. [5166/08]

Minister for Health and Children (Deputy Mary Harney): The Central Statistics Office does not publish data on direct drug-related deaths on a county by county basis for reasons of confidentiality. I am informed by the Health Research Board that in March 2008 data from the National Drug-Related Deaths Index relating to the number of drug-related deaths will be available for 1998-2005.

965 Questions— 12 February 2008. Written Answers

Services for People with Disabilities. 260. Deputy Michael McGrath asked the Minister for Health and Children if a child (details supplied) in County Cork can be accommodated in a special speech and language class at a school in County Cork.. [5183/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): As part of the Multi-Annual Investment Programme 2006-2009 under the Disability Strategy, the Government provided the Health Service Executive with an additional \75m in both 2006 and 2007. This funding included monies to provide new and enhanced services for people with disabilities, to implement Part 2 of the Disability Act 2005, which came into effect on June 1st 2007 for the under 5’s and also for the continuation of the implementation of the transfer of persons with intellectual disability from psychiatric hospitals and other inappropriate placements. The Government is also honouring its promise in relation to the Multi-Annual Invest- ment Programme for people with disabilities, with a further \50m investment which was announced in the 2008 Budget. The Deputy’s question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

Care of the Elderly. 261. Deputy John O’Mahony asked the Minister for Health and Children when the new nursing home fair deal scheme will be become operational in the Mayo area; and if she will make a statement on the matter. [5186/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): The Bill providing for the Fair Deal Scheme is at an advanced stage and being finalised by the Office of the Attorney General at present. It is intended to publish the Bill as soon as possible following Government approval. The scheme will be introduced on a national basis once the necessary legal and administrative arrangements are in place.

Health Services. 262. Deputy Frank Feighan asked the Minister for Health and Children the reason transport was withdrawn in mid-2007 from a person (details supplied) in County Roscommon; if her Department’s cutbacks will continue to affect this person; and if she will make a statement on the matter. [5192/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

263. Deputy Frank Feighan asked the Minister for Health and Children if she will review and backdate the case of a person (details supplied) in County Roscommon; and if she will request the Health Service Executive to backdate payment to this person to cover their travel to hospital for dialysis during 2006 and 2007. [5193/08]

966 Questions— 12 February 2008. Written Answers

Ambulance Service. 264. Deputy Pat Breen asked the Minister for Health and Children if, in conjunction with the Health Service Executive, she is satisfied that the level of 24 hour ambulance cover is adequate to meet the needs of the entire geographical area of west Clare; if she has plans to extend the service; and if she will make a statement on the matter. [5196/08]

265. Deputy Michael Kennedy asked the Minister for Health and Children the number of ambulances operating in the Swords, Skerries and Balbriggan areas; the reason for the uneven distribution of ambulance services within the Dublin area; if north Dublin will be allocated more resources for the ambulance service in view of its growing population; and if she will make a statement on the matter. [5197/08]

Hospital Services. 266. Deputy James Reilly asked the Minister for Health and Children if the persons (details supplied) were made aware of the review of ultrasounds at Midlands Regional Hospital, Port- laoise; and if she will make a statement on the matter. [5205/08]

Minister for Health and Children (Deputy Mary Harney): The two persons mentioned, my Special Advisers, were aware that the review of symptomatic breast radiology services at Mid- lands Regional Hospital, Portlaoise, covered patients who had ultrasounds as well as mammograms, since this was included in information provided to my Department by the HSE in relation to the decision to initiate the review and also because it was public information. The press release issued by the HSE on 31 August 2007 referred to ‘a review of the practice of one Consultant Radiologist within the radiology breast service in the Midland Regional Hospital at Portlaoise and said that, ‘Pending the outcome of the external review, all mammography and breast ultrasound work will be carried out at St Vincent’s Hospital, Dublin.’ It was reported on RTE News on 4 September that

967 Questions— 12 February 2008. Written Answers

[Deputy Mary Harney.]

‘The Health Service Executive is to review the files of more than 3,000 breast cancer patients who attended the Midlands Regional Hospital in Portlaoise over a four-year period. 3,000 mammograms and 2,500 breast ultrasounds will be re-examined.

The Irish Times reported on the same day,

‘The review will involve a re- examination of all the mammograms and breast ultrasounds conducted at the hospital since November 2003.’

This review was clearly and reasonably understood by Department officials, including the medical staff, my advisers and myself as covering a group of approximately 3,000 women, some of whom had had both mammograms and ultrasounds. As a result, my focus and that of my officials was on tracking the progress of the review being led by Dr. Ann O’Doherty to ensure the women concerned received appropriate care as quickly as possible. My understanding in this regard should be readily apparent from my statement to the Da´il on 7 November. In the course of enquiries made by Department officials and advisers, no information was provided that contradicted this understanding, up until 21 November. A note attached to an e- mail sent to one of my advisers on 28 September does not alter that position. The note stated that the scope of the review covered all mammograms and ultrasounds performed at MRHP from the period November 2003 to the end of August 2007. It said it was ‘anticipated the review will be completed in a couple of weeks’, which turned out not to be the case. This unsigned, undated and incomplete note was marked ‘Draft for Discussion’, without identifying between whom there was to be a discussion and for what purpose. A formal briefing note provided by the HSE to my Department on 6 November 2007 confirmed that the terms of reference were “To review the symptomatic breast radiology service at Midland Hospital Portlaoise for the period November 2003 to August 2007 with particular reference to mammography and ultrasound tests taken during that period”. It was only on the day before my appearance at the Joint Oireachtas Committee on Health and Children on 22 November that my Department was made aware that the case notes of an additional number of women who had received ultrasounds in the period August 2005 to August 2007 were also being reviewed. It was only the following morning that I and my officials heard further details of the numbers involved (568 women) and the progress of this review. The Board of the HSE, with the assistance of Mr John Fitzgerald, is undertaking a review at my request of the management of all the events starting from, and subsequent to, the decisions taken by the HSE in relation to the breast radiology service at Portlaoise. In asking for this report, my main concern related to the manner in which patients were dealt with throughout this period, but the report will also cover communication arrangements within the HSE and with my Department. I await the comprehensive report about the full range of matters being considered, and I would urge everyone to do likewise.

Medical Cards. 267. Deputy Martin Mansergh asked the Minister for Health and Children her views on the case for supplying all cystic fibrosis suffers with medical cards; and the estimated cost of doing so. [5208/08]

Minister for Health and Children (Deputy Mary Harney): Medical cards are made available to persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services. In 2005 the GP visit card was introduced as a

968 Questions— 12 February 2008. Written Answers graduated benefit so that people on moderate and lower incomes, particularly parents of young children who do not qualify for a medical card, would not be deterred on cost grounds from visiting their GP. The assessment of eligibility to medical cards is statutorily a matter for the Health Service Executive (HSE) and, with the exception of persons aged over 70, who have an automatic entitlement to a medical card, is determined following an examination of the means of the applicant and his/her dependants. The HSE has discretion, in cases of exceptional need, to provide assistance to individuals where undue hardship would otherwise be caused. I have no plans to provide for the granting of medical cards to any particular group as a whole. However, my Department is currently reviewing all legislation relating to eligibility for health and personal social services with a view to making the system as fair and transparent as possible. As part of this exercise, a review of the eligibility criteria for medical cards in the context of financial, medical and social need is being undertaken and is expected to be completed by autumn 2008. As neither the Health Service Executive nor my Department hold data on the number of persons with Cystic Fibrosis who currently hold a medical card, it is not possible to provide a costing on extending this benefit to all persons with that condition.

Hospital Services. 268. Deputy David Stanton asked the Minister for Health and Children the range of services available to stroke victims, their families and carers at the stroke rehabilitation unit at Baggot Street Community Hospital; the number of staff employed at the unit, their speciality and grade and if they are full or part time staff; if this is the only dedicated stroke outpatient facility here; and if she will make a statement on the matter. [5274/08]

Minister for Health and Children (Deputy Mary Harney): Over 130,000 people work full- time or part-time in our public health services. In recent years, the Government’s ongoing high level of investment in health has achieved and maintained significant increases in the number of doctors, nurses and other health care professionals employed in the public health services. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the health care needs of the population into the future. Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of the Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

269. Deputy David Stanton asked the Minister for Health and Children the number of people who received treatment at the stroke rehabilitation unit at Baggot Street Community Hospital each year since it was established in 2007; and if she will make a statement on the matter. [5275/08]

969 Questions— 12 February 2008. Written Answers

Departmental Staff. 270. Deputy Phil Hogan asked the Minister for Health and Children if persons have been dismissed from the Civil Service since the provisions of the Civil Service Regulation Act 2005 were introduced; the number and grade of the persons concerned; and if she will make a statement on the matter. [5664/08]

Minister for Health and Children (Deputy Mary Harney): No person has been dismissed from my Department since the introduction of the Civil Service Regulation Act 2005.

Departmental Expenditure. 271. Deputy Phil Hogan asked the Minister for Health and Children the amount paid to civil servants by way of travel, subsistence or overnight allowances or payments for each of the years 2002 to the end of 2007; and if she will make a statement on the matter. [5678/08]

Minister for Health and Children (Deputy Mary Harney): The amounts paid to civil servants at my Department in each of the years 2002 to 2007 are set out in the following table:

Year \000

2002 690 2003 558 2004 640 2005 496 2006 496 2007 497

Greenhouse Gas Emissions. 272. Deputy Phil Hogan asked the Minister for Transport if emission levels from the transport sector in 2006, estimated by the Environmental Protection Agency to be 14.013 million tonnes of CO2, are in line with the Government’s greenhouse gas abatement strategy; if not, the additional measures he proposed to control transport emissions; and if he will make a statement on the matter. [5020/08]

Minister for Transport (Deputy Noel Dempsey): The latest EPA figures for transport show that emissions were 13.719 million tonnes CO2-equivalents in 2006, which was an increase of 5.2% on 2005 levels. The 2007 National Climate Change Strategy projected transport emissions for the period 2008-2012 to be 13.992 Mt CO2-equivalents, inclusive of existing measures such as technology improvements, mineral oil tax relief for biofuels, Dublin traffic measures and rebalancing of motor taxes and fuel economy labelling. These existing measures are estimated to reduce emissions by Mt CO2-equivalents per annum. The proposed Sustainable Travel and Transport Action Plan will address further measures needed to reduce emissions from the transport sector. Given its range, I intend engaging in the near future in an intensive public consultation process before the Plan is submitted to Government this year.

Taxi Regulations. 273. Deputy Sea´n Barrett asked the Minister for Transport the requirements of applicants for taxi licences; if there is a differentiation between Irish and non-Irish national applicants regarding these requirements; and if he will make a statement on the matter. [4496/08] 970 Questions— 12 February 2008. Written Answers

Minister for Transport (Deputy Noel Dempsey): The licensing of small public service vehicles, including taxis, is the responsibility of the Commission for Taxi Regulation. All applicants for licences must comply with certain regulatory requirements including the payment of the licence fee, having a valid certificate of suitability and test certificate from NCTS in respect of the vehicle to be licensed, evidence that the use of a vehicle as a taxi, wheelchair accessible taxi, hackney or limousine, as appropriate, is covered by insurance, and a tax clearance certificate issued to the licence applicant by Revenue. In addition, all drivers of small public service vehicles must hold a licence to drive a small public service vehicle. The granting of the licence to drive a small public service vehicle is currently the responsibility of the Garda Commissioner.

Rural Transport Services. 274. Deputy Joe McHugh asked the Minister for Transport his plans to provide public transport access to Malin Head, where the public service was discontinued in 2007; and if he will make a statement on the matter. [4716/08]

Minister for Transport (Deputy Noel Dempsey): Under the Rural Transport Programme (RTP) launched in February 2007, thirty-four community transport groups around the country are being funded to address social exclusion in their rural areas arising from unmet public transport needs. Older people and people with disabilities form the core customer base of the RTP. Pobal, which administers the Programme on behalf of my Department, has commenced a process to extend the RTP on a phased basis with a goal of achieving nation-wide coverage in due course in line with Government policy. As part of that process, seed funding has been provided to the Inishowen Partnership to support them to develop a transport project plan for the Inishowen Peninsula. The bottom-up approach developed during the pilot Rural Transport Initiative (2002-2006) demonstrated the effectiveness of the community and voluntary initiative and involvement in the provision of rural transport services. The RTP is building on that concept and the main drivers of community rural transport continue to be the local communities themselves.

Road and Rail Networks. 275. Deputy Joe McHugh asked the Minister for Transport the consultations that have taken place between his senior Department officials and officials from the Northern Ireland administration in relation to the progress of roads and rail; and if he will make a statement on the matter. [4717/08]

Minister for Transport (Deputy Noel Dempsey): Meetings of officials take place regularly, particularly in the context of the North South Ministerial Council Transport Sector. Two meetings of that Sector took place in 2007 and progress is being made across all agenda items, including those relating to roads and rail.

Rail Network. 276. Deputy Joe McHugh asked the Minister for Transport the criteria he used to determine the viability of the Cork-Dublin railway line; the amount the project cost; the breakdown of where the funding was sourced; and if he will make a statement on the matter. [4718/08]

Minister for Transport (Deputy Noel Dempsey): The Department of Finance Guidelines on the Appraisal and Management of Capital Expenditure and Value for Money provide the framework and criteria for the evaluation of railway upgrade projects. The Strategic Rail Review carried out in 2003 endorsed the viability of the overall railway network including the

971 Questions— 12 February 2008. Written Answers

[Deputy Noel Dempsey.] Cork-Dublin railway. In addition the most recent major investment on this route, the introduction in 2006 of 67 new intercity railcars at a cost of \117M, was evaluated in accordance with the Department of Finance Guidelines.

Road and Rail Networks. 277. Deputy Joe McHugh asked the Minister for Transport if, in view of the fact that Trans- port 21 precedes the signing of the Belfast Agreement, he will reconsider current policy, in view of potential joint co-operation projects; and if he will make a statement on the matter. [4719/08]

Minister for Transport (Deputy Noel Dempsey): There has been excellent cooperation for a long number of years between officials and transport agencies in my Department and in Northern Ireland regarding the development and operation of transport services and projects. The Belfast Agreement serves to strengthen this cooperation. Transport 21, which contains proposals for the improvement of our strategic road links with Northern Ireland, continues to be implemented as outlined. The North South Ministerial Council for the Transport Sector, since its inception, has examined opportunities to further strengthen transport links. As a result of these deliberations, funding of \580 million, additional to Transport 21, has been committed by the Government, under the National Development Plan, for upgrading the A5, Border to Derry/Letterkenny and A8, Belfast to Larne roads. The NRA and Roads Service of Northern Ireland are jointly working on the implementation of these projects. The NSMC is also examining possibilities for the future development of the Dublin-Belfast rail line and has requested officials to assess the options and prepare a report for consideration at the next NSMC meeting in Transport Sectoral format in May of this year. The Ministerial Council will continue to examine and prioritise the possible road and public transport links which can be developed separately from the existing Transport 21 programme.

National Spatial Strategy. 278. Deputy Joe McHugh asked the Minister for Transport, further to Parliamentary Ques- tion No. 560 of 30 January 2008, the responsibility of the Government in relation to policy direction, in view of the Government naming Derry as a gateway in the national development spatial strategy; and if he will make a statement on the matter. [4720/08]

Minister for Transport (Deputy Noel Dempsey): A North West Gateway Initiative (NWGI) chaired jointly by the Department of Foreign Affairs and the office of First Minister/Deputy First Minister has been established to provide a co-ordinated cross border approach to the development of the region. I understand that a draft spatial planning framework report has been prepared and is currently being considered by the NWGI senior officials group with a view to producing a final report for approval by the two Governments later this year. More broadly in relation to all island planning, my colleague the Minister for the Envir- onment, Heritage and Local Government together with his NI counterpart is developing a framework for collaboration on spatial planning and development. While these developments provide a framework for co-ordination and consultation in relation to infrastructural investment, including in railway services, decisions in relation to capital projects and programmes remain a matter in the first instance for the national and local authorities concerned.

972 Questions— 12 February 2008. Written Answers

Road Network. 279. Deputy Joe McHugh asked the Minister for Transport the breakdown by county of funding spent on national primary roads between 1997 and 2007; and if he will make a statement on the matter. [4721/08]

Minister for Transport (Deputy Noel Dempsey): As Minister for Transport I have responsibility for overall policy and funding in relation to the national roads programme element of Transport 21. The implementation of individual national road projects and the allocation of funding in relation to the construction or maintenance of national roads are matters for the National Roads Authority under the Roads Act, 1993 in conjunction with the relevant local authorities concerned.

280. Deputy Joe McHugh asked the Minister for Transport the breakdown by county of funding spent on national secondary roads between 1997 and 2007; and if he will make a statement on the matter. [4722/08]

Rail Network. 281. Deputy Joe McHugh asked the Minister for Transport his views on putting a railway line along the proposed new dual carriageway from Derry to Aughnacloy or through the centre; and if he will make a statement on the matter. [4723/08]

Minister for Transport (Deputy Noel Dempsey): The Irish Government has agreed to make available funding of \580 million to provide for a major upgrade of roads within Northern Ireland serving the North West Gateway of Letterkenny/Derry. The project is being taken forward under the auspices of the North-South Ministerial Council. There are no proposals for railway development in the context of this project.

Departmental Staff. 282. Deputy Arthur Morgan asked the Minister for Transport the number of agency workers employed by his Department and by State agencies which fall under the auspices of his Depart- ment. [4792/08]

Minister for Transport (Deputy Noel Dempsey): My Department currently employs 3 agency workers. The employment of agency workers by State agencies which fall under the auspices of this Department is a day to day matter for the State agencies.

Taxi Regulations. 283. Deputy Timmy Dooley asked the Minister for Transport the reason the liberalisation of the taxi service has not been applied to the airport at Shannon. [4824/08]

Minister for Transport (Deputy Noel Dempsey): The operation of taxi services generally at Shannon Airport is governed by the provisions of the regulatory code under the Taxi Regu- lation Act 2003 (as amended) and the Road Traffic Acts. However, the airport authority has

973 Questions— 12 February 2008. Written Answers

[Deputy Noel Dempsey.] local responsibility for certain aspects of the services in accordance with the provisions of SI No. 89 of 1980, Shannon Airport (Small Public Service Vehicles) Bye Laws 1980 and SI 425 of 1994, Airport Bye-Laws 1994. Accordingly, I have no function in the matter.

Air Services. 284. Deputy Timmy Dooley asked the Minister for Transport the status of negotiations with the USA Government regarding the provision of full custom and immigration clearance at Shannon Airport; and the timescale for roll out of this service. [4825/08]

Minister for Transport (Deputy Noel Dempsey): Since 2006 my Department has held a number of informal meetings with the US authorities with a view to exploring the scope for upgrading Dublin and Shannon airports to full pre-clearance for US-bound passengers. In December I held meetings with the Secretary and senior officials of the U.S. Department of Homeland Security to discuss the issue further. Shortly after those meetings detailed U.S. proposals for pre-clearance were submitted to my Department. These are currently under consideration by my Department and an Inter-Departmental Group comprised of officials from the Departments of Foreign Affairs, Justice Equality and Law Reform, the Revenue Commis- sioners and the Office of the Attorney General, which was set up for this purpose. Formal negotiations on the proposals commenced with the U.S. authorities on 29 January and further meetings are envisaged. Given that the matter is still under negotiation it is too early to say when the service can be rolled out.

Rail Services. 285. Deputy Joanna Tuffy asked the Minister for Transport when the construction of the Clondalkin Fonthill train station will commence; when it is expected to be open to passengers; and if he will make a statement on the matter. [4834/08]

286. Deputy Joanna Tuffy asked the Minister for Transport when the construction of Kish- ogue train station in Lucan, County Dublin will commence; when it is expected to open to passengers; and if he will make a statement on the matter. [4835/08]

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 285 and 286 together. The construction of the stations referred to by the deputy is a matter for Iarnrod Eireann as part of the Kildare Route Upgrade project. The current position in relation to this project is set out in my reply to PQ No. 3308 on 5th February.

Road Network. 287. Deputy Willie Penrose asked the Minister for Transport when he will issue local authorities with details of non-national road grants as same are long overdue; and if he will make a statement on the matter. [4952/08]

Minister for Transport (Deputy Noel Dempsey): I will announce the 2008 regional and local road grant allocations to local authorities on 15 February 2008.

Road Safety. 288. Deputy Martin Ferris asked the Minister for Transport the person who has initial responsibility for investigating the health and safety aspects of accidents involving one vehicle. [4961/08]

974 Questions— 12 February 2008. Written Answers

Minister for Transport (Deputy Noel Dempsey): The immediate investigative role in relation to road collisions is a matter for An Garda Sı´ocha´na and I have no function in this area.

Data Protection. 289. Deputy Leo Varadkar asked the Minister for Transport if disks, laptops or memory storage devices containing personal information about members of the public have been lost or stolen from his Department; and if he will make a statement on the matter. [5010/08]

Minister for Transport (Deputy Noel Dempsey): There have been two such instances of disks, laptops or storage devices that were lost or stolen. One instance involved the loss of a Blackberry device, which contained some emails and contact information. All contents were immediately remotely deleted upon report of loss. The other instance involved the theft of a laptop from the locked car of an officer from my Department. This laptop contained personal information.

Public Transport. 290. Deputy Timmy Dooley asked the Minister for Transport the status of proposals to provide a bus service for the town of Ennis and Hinterland. [5014/08]

Minister for Transport (Deputy Noel Dempsey): The Road Transport Act, 1932, as amended, provides the statutory basis for regulating the provision of public bus services by private bus operators. In accordance with the legislation, private bus operators apply to my Department for licences to operate scheduled bus passenger services within the State. Bus E´ ireann is not subject to licensing in accordance with the provisions of the 1932 Road Transport Act, as amended. However, the initiation or alteration of a bus service by the Company is subject to compliance with the necessary regulatory requirement of giving advance notice to my Depart- ment and to compliance with the provisions of Section 25 of the Transport Act 1958 concerning competition with licensed private operators. I can confirm that my Department received a proposal from Bus E´ ireann to provide bus passenger services in Ennis. On 20 November 2007, the proposal was noted by my Department and the Company was advised accordingly. The introduction of this new service is an operational matter for Bus E´ ireann. On 29 January 2008, in accordance with the Road Traffic Act 1932, my Department issued a licence to a private operator for an Ennis town service. All licences issued have standard conditions associated with them and compliance with those conditions is the responsibility of the service operator in each instance. A condition of all licences includes the requirement whereby the service must be in operation in its entirety within 4 months from the date of issue of the licence.

Road Network. 291. Deputy Olivia Mitchell asked the Minister for Transport if he has received a report from the National Roads Authority on the feasibility or otherwise of an eastern bypass for Dublin; if so, when a decision is expected in this regard; and if he will make a statement on the matter. [5027/08]

Minister for Transport (Deputy Noel Dempsey): As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme element of Transport 21. The implementation of individual national road projects, such as the proposed Dublin Eastern Bypass, is a matter for the National Roads Authority under the Roads Act, 1993 in conjunction with the relevant local authorities concerned.

975 Questions— 12 February 2008. Written Answers

[Deputy Noel Dempsey.]

As I indicated in response to a similar Parliamentary Question on 30 January 2008, two reports were commissioned by the NRA in 2000 and 2002 on the feasibility of constructing the Eastern Bypass. In the context of the launch of Transport 21 in late 2005, the NRA engaged consulting engineers to update these two studies by undertaking a further engineering and feasibility study of the Bypass. This study examines possible route options, forecasts traffic demand and reports on scheme costs for the various options examined. The report of this work was conveyed to this Department late last year and is currently under examination by my officials.

292. Deputy Olivia Mitchell asked the Minister for Transport if he has received a report from the National Roads Authority on the feasibility or otherwise of an outer orbital road for Dublin; if so, when a decision is expected in this regard; and if he will make a statement on the matter. [5028/08]

Minister for Transport (Deputy Noel Dempsey): As Minister for Transport I have responsibility for overall policy and funding in respect of the national roads programme element of Transport 21. The implementation of individual national road projects is a matter for the National Roads Authority, NRA, under the Roads Act, 1993 in conjunction with the relevant local authorities. In 2007, the NRA completed an updated feasibility study of this proposed outer orbital project, in which finds that there is merit in constructing an Orbital Route linking Drogheda, Navan and Naas. The study is under detailed consideration within my Department.

Data Protection. 293. Deputy Leo Varadkar asked the Minister for Transport if he has been informed by any of the agencies attached to his Department, if those agencies have lost or had stolen from them any disks, laptops or memory storage devices containing personal information regarding members of the public; and if he will make a statement on the matter. [5082/08]

Minister for Transport (Deputy Noel Dempsey): Protection of Personal data by the agencies attached to my Department is a day to day operational matter for those agencies and as such I have no function in the matter.

Rail services. 294. Deputy Andrew Doyle asked the Minister for Transport the strategic management plan being followed for the delivery of the rail service for the east coast for 2008, particularly since the arrival of the 183 new carriages into the railway system and the redeployment in the east coast railway line. [5084/08]

Minister for Transport (Deputy Noel Dempsey): I am informed by Iarnro´ dE´ ireann that it upgraded services on the Rosslare-Dublin line in December last with the introduction of a new early morning service to Dublin from Rosslare, Wexford and Enniscorthy, and the extension of the 17:25 Connolly-Gorey evening peak commuter service to Enniscorthy. I am also informed that Iarnro´ dE´ ireann plan to introduce an additional evening commuter service from Connolly to Gorey from 6 May 2008, departing from Connolly at 1640. Iarnro´ dE´ ireann has advised that the new InterCity railcars will be introduced on the Rosslare Line services during the second half of 2008 and an increase in frequency will be introduced in 2009.

976 Questions— 12 February 2008. Written Answers

Taxi Regulations. 295. Deputy Timmy Dooley asked the Minister for Transport the number of public service vehicle licences that were in existence in County Clare prior to taxi deregulation; and the number that currently exist. [5110/08]

Minister for Transport (Deputy Noel Dempsey): The licensing of small public service vehicles (i.e. taxis, wheelchair accessible taxis, hackneys and limousines) was a function of individual local licensing authorities at the time of liberalisation in November 2000. Information from 2000 available to the Department is based on statistical returns made by individual local authorities at the time. The Commission for Taxi Regulation is now responsible for the licensing of small public service vehicles and, with effect from 25 September 2006, the Commission has replaced the individual taximeter areas with one single national taximeter area. Having regard to the above position, the table below indicates the statistical information available to my Department in relation to County Clare. As of November 2000 the only taximeter area in County Clare was the town of Ennis and, accordingly, that was the only area in the county where taxi or wheelchair accessible taxi licences were issued. The December 2007 figures are based on information received from the Commission for Taxi Regulation and refer to the numbers of vehicle licence holders in December 2007 with a home address in County Clare.

Type of spsv licence Ennis Town Council Clare County County Clare (Nov. 2000) Council (Nov. 2000) (December 2007)

Taxi 20 0 196 Wheelchair Accessible taxi 0 0 12 Hackney 13 84 214 Limousine 0 0 45

Total 33 84 467

296. Deputy Timmy Dooley asked the Minister for Transport the number of public service vehicle licences that were in existence in Limerick City prior to taxi deregulation; and the number that currently exist. [5111/08]

Minister for Transport (Deputy Noel Dempsey): The licensing of small public service vehicles (i.e. taxis, wheelchair accessible taxis, hackneys and limousines) was a function of individual local licensing authorities at the time of liberalisation in November 2000. Information from 2000 available to the Department is based on statistical returns made by individual local authorities at the time. The Commission for Taxi Regulation is now responsible for the licensing of small public service vehicles and, with effect from 25 September 2006, the Commission has replaced the individual taximeter areas with one single national taximeter area. Having regard to the above position, the table below indicates the statistical information available to my Department in relation to Limerick City and County. As of November 2000 the only taximeter area in County Limerick was Limerick City and, accordingly, that was the only area in the county where taxi or wheelchair accessible taxi licences were issued. The December 2007 figures are based on information received from the Commission for Taxi Regu- lation and refer to the numbers of vehicle licence holders in December 2007 with a home address in County Limerick.

977 Questions— 12 February 2008. Written Answers

[Deputy Noel Dempsey.]

Type of spsv licence Limerick City Limerick County County Limerick Council (Nov. 2000) Council (Nov. 2000) (December 2007)

Taxi 206 0 569 Wheelchair Accessible taxi 0 0 38 Hackney 108 223 219 Limousine 0 7 51

Total 314 230 877

Road Network. 297. Deputy Enda Kenny asked the Minister for Transport if he has received an expenditure profile and additional information regarding the R312 Belmullet — Castlebar road from Mayo County Council; if his attention has been drawn to the poor condition of many sections of this road; if he will approve a design grant for this road in the 2008 grants for non-national roads; and if he will make a statement on the matter. [5119/08]

Minister for Transport (Deputy Noel Dempsey): The improvement and maintenance of regional and local roads in their areas is a matter for local authorities to be funded from their own resources supplemented by State grants. Following the issue of road grants for 2007, Mayo County Council sought additional funding for the upgrading of the R312 Castlebar-Belmullet Road. The Council was informed, on 5 March 2007, that the 2007 regional and local road grant allocations had already been notified to local authorities, and that accordingly there were no funds available from which further grants could be provided for the proposed project in 2007. However, in order to facilitate future consideration of the proposal, the Council was requested to submit details of the proposed scheme, including confirmation of the proposed works, a draft expenditure profile, details of the Council’s proposed own resources expenditure on the scheme and possible funding from other sources. A reply was received from the Council on 30 October 2007. I intend to announce the 2008 regional and local road grant allocations to local authorities on 15 February 2008.

Coast Guard Service. 298. Deputy Jimmy Deenihan asked the Minister for Transport if he will meet with all Oireachtas representatives from County Kerry in the near future to discuss the future of Valen- tia Coast Guard station, County Kerry; and if he will make a statement on the matter. [5219/08]

299. Deputy Jimmy Deenihan asked the Minister for Transport if he has made a decision on the future of Valentia Coast Guard station, County Kerry; and if he will make a statement on the matter. [5220/08]

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 298 to 299 together. I have already met with a number of Kerry Oireachtas members on this matter. It is my intention that the Irish Coast Guard and Maritime Administration will be strengthened on an ongoing basis over the coming years. My ambition is to put in place a service that will fully meet the needs of this country well in the 21st century. The recent decisions have been taken to reflect the future optimal configuration of co-ordination centres whilst ensuring that the 978 Questions— 12 February 2008. Written Answers detailed technical knowledge and experience of the Coast Guard Watch Officers is retained and fully utilised. I want to restate again that no Officer will be forced to move or lose their jobs. The transition arrangements for new centres, including the functions to continue at Valen- tia (and Malin Head), will be negotiated with staff to ensure there is no loss of expertise. The Deloitte and Touche Irish Coast Guard Study was published in 2002. This report has provided a backdrop to ongoing improvements and developments in the Coast Guard over the last 6 years. I have arranged that both this document and the submission to me on which recent decisions were based be published on the Department’s website www.transport.ie. I purposely outlined a long-term scenario to provide structure to negotiations, which are now taking place, on how best to implement this particular step in the modernisation of the Irish Coast Guard. I have given direction to the tendering process, where a Request for Tender is now in preparation, and given enough notice to enable difficulties to be identified and resolved before equipment has to be installed. I have made it clear that these discussions, which are underway, must take account of the safety needs of local communities, and ongoing improvement of the service to the public, and the concerns of individual staff members. As I indicated previously the proposed restructuring was raised at the relevant committees on which the relevant organisations that have an interest in search and rescue are represented. I also want to take this opportunity to make two general statements related to the issue. Firstly, I am concerned that there is confusion in the public mind between the work done in Co-Ordination centres and that undertaken by local volunteers. A significant element of ‘local knowledge’ is from the local Coast Guard Coastal Units and lifeboat crews strategically posi- tioned around our coast. Their local knowledge of tides, currents, bays and local historical incident locations is invaluable to the Watch Officers of the Coast Guard. I would like to put on record again my appreciation of their selfless voluntary efforts of the Coast Guard, RNLI Lifeboat and Community Rescue Boat crews in rescuing those in trouble on our coasts, cliffs and offshore islands. Secondly, the Coast Guard restructuring that is being worked on is aimed at improving the efficiency of a key public service. The Deputy will be aware that subsequently, in his budget day announcement, the Ta´naiste asked that each Department undertake an efficiency review of expenditure. The Review is specifically required to consider possible inefficiencies due to the multiplicity of Boards and Agencies; the need for better sharing of certain services, efficiencies in management, travel and consumables in general. My Department is in the process of evaluating options and this includes examining the similarities in service provision in the Department and its agencies — particularly in the safety area — to consider whether there are duplicating or overlapping functions which could be more efficiently delivered through the amalgamation, abolition or reduction of bodies, or pooling services. The position in relation to Coast Guard services is being considered in that context and with the benefit of the many comments that I have received since the restructuring proposal was announced. I can assure the Deputy that all views expressed will be taken into account before a west coast location is determined.

Departmental Staff. 300. Deputy Phil Hogan asked the Minister for Transport if persons have been dismissed from the Civil Service since the provisions of the Civil Service Regulation Act 2005 were introduced; the number and grade of the persons concerned; and if he will make a statement on the matter. [5668/08]

979 Questions— 12 February 2008. Written Answers

Minister for Transport (Deputy Noel Dempsey): One person, a clerical officer, has been dismissed from my Department in accordance with the terms and conditions of the probationary contract, which come under Section 7 of the Act.

Departmental Expenditure. 301. Deputy Phil Hogan asked the Minister for Transport the amount paid to civil servants by way of travel, subsistence or overnight allowances or payments for each of the years 2002 to the end of 2007; and if he will make a statement on the matter. [5682/08]

Minister for Transport (Deputy Noel Dempsey): The following is the amount paid by my Department by way of travel, subsistence or overnight allowances or payments for each of the years 2002 to the end of 2007.

Year Travel Subsistence Including overnights

2002 436,866 939,237 2003 430,103 1,488,436 2004 662,274 1,506,055 2005 770,573 1,551,715 2006 1,004,106.34 2,196,948.65 2007 454,039 405,918

Foreign Conflicts. 302. Deputy Finian McGrath asked the Minister for Foreign Affairs if the reports on two women with Downs Syndrome being used as suicide bombers in Baghdad, Iraq are correct; and if he will raise this at United Nations level. [4544/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): As Deputies will be aware, I have strongly condemned the bomb attacks in two markets in Baghdad on 1 February, which took the lives of some 73 people and wounded as many as 200 others. Iraqi police reports stated that the bombs were carried by two women believed to have been suffering from disabilities. Other reports specified Downs Syndrome, but it is not clear that the specific disability can be reliably confirmed. It was also stated that the devices were detonated by mobile phone, which strongly suggests that the two women may have been used as unwitting carriers of the bombs, which were a mixture of dynamite and ball bearings. The Prime Minister of Iraq broadly confirmed these reports in a later statement, but the Government has no additional sources to corroborate the precise details of the attack. It seems likely that, far from being suicide bombers, these two unfortunate and dependent women were brutally murdered along with many others by those who armed and detonated their bombs. The attacks on the markets were themselves a horrendous crime, clearly aimed at causing the greatest possible number of civilian casualties. They came after a period of relative calm in Baghdad, but they fit a pattern of previous attacks by the ‘Al Qaeda in Iraq’ group, aimed at provoking sectarian retaliation by militants from the Shia community against Sunni areas. Thankfully, this group appears to have been greatly weakened across much of Iraq in recent months. The only hope in relation to this ghastly attack is that the act of using disabled women as unwitting bombers reflects the increasing pressure on the armed groups. It is clear that progress on the security front will only be sustained through renewed political action to rec- oncile the different communities in Iraq and with the constructive cooperation of all of Iraq’s 980 Questions— 12 February 2008. Written Answers neighbours. There is a growing urgency to renew the political process in Iraq in order to put an end to the atrocities which have brought such suffering to the Iraqi people in recent years. We strongly support the strengthened efforts of the United Nations to support this process.

Passport Applications. 303. Deputy James Bannon asked the Minister for Foreign Affairs the reason a person (details supplied) in County Longford can not be issued with passports for themselves and their children as Gaeilge, rather than in a bilingual format, in view of the recognition of Irish as an official language of the EU. [4627/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): The format of Ireland’s passport complies fully with all the requirements of the International Civil Aviation Organisation (ICAO) and the European Union (EU). The ICAO sets common standards for travel documents as part of its role to facilitate the secure movement of people across international frontiers. ICAO Document 9303 sets out in detail the standards for machine readable travel documents. In relation to language this document requires that the wording of the information page of passports should be displayed in one of three languages, namely English, French or Spanish. In relation to personal data entered into passports, Document 9303 requires that details of date of birth, place of birth and so on must be accompanied by a translation into English, French or Spanish. Accordingly, these data appear in both Irish and English, with the Irish versions appearing first. The passport holder’s name is entered in one language only. In most cases this is the name in which he or she was registered at birth. Additional requirements apply in respect of passports issued by EU member states. Council Resolutions of 23 and 30 June 1981 set out the uniform pattern of passports to be issued by member states. The cover must have the words “European Union”, the emblem of the State, the name of the State issuing the passport and the word “Passport”. This information must be displayed in the language(s) of the issuing State. In the case of Ireland’s passport, these words appear in both Irish and English, with the Irish versions taking precedence and appearing first. Producing passports and entering data in the format described above ensures compliance with international requirements and also ensures that information on the passport can be recognised and understood across the European Union and beyond.

Foreign Conflicts. 304. Deputy Ro´ isı´n Shortall asked the Minister for Foreign Affairs the situation regarding the Darfur region of Sudan; and the action his Department is taking to assist in resolving the humanitarian crisis in this region. [4634/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): The situation in Darfur remains dire, and the suffering of its people continues unabated. The fracturing of the main rebel groups over the past year makes the pursuit of peace even more difficult. The peace talks on Darfur which the UN and African Union are mediating represent a vital window of opportunity to bring about a lasting peace, and all of the parties bear a responsibility to use this opportunity to seek to resolve their grievances peacefully. So far, the process has been disappointingly slow. The UN and AU have sent emissaries to find and speak with the rebels who have been boycott- ing the talks, and it is hoped that formal talks will restart soon. The international community is supporting AU and UN efforts, and bilaterally Ireland has contributed \500,000 to the UN Trust Fund in support of the peace talks. Although peace will not come to Darfur until a political accommodation has been reached, UNAMID, the AU/UN hybrid force, has a role to play in re-establishing a secure environment

981 Questions— 12 February 2008. Written Answers

[Deputy Dermot Ahern.] and creating a breathing-space for the people of Darfur while negotiations continue. However, UNAMID, which took over from the African Union Mission in Sudan on 1 January 2008, is being hampered by the obstructive attitude of the Sudanese authorities to non-African participation. Darfur remains a significant humanitarian challenge. Huge numbers of people require our assistance, while violence continues to force people to flee their homes and impacts on the ability of aid workers to assist them. Food distributions have resumed to some beneficiaries in North and West Darfur though accessing the northern corridor of West Darfur remains impossible. The UN estimates that at least 200,000 people were newly displaced in 2007, bringing to 2.4 million the total number who have been displaced, relocated or forced to centralise for protection and other reasons. The 2008 United Nations Workplan for Sudan estimates that approximately two-thirds of the population of Darfur, or some 4.2 million people, will rely to some degree on humanitarian assistance in 2008. The World Food Programme alone aims to provide food assistance to 3.7 million Darfuris in 2008. Since the start of 2006, Irish Government assistance to the people of Sudan, including Darfur, has amounted to almost \39 million. This includes funding of over \6 million allocated since the start of 2008. The provision of such humanitarian assistance will remain a priority for Irish Aid. The peace process remains the key to improvement in the overall situation. The General Affairs and External Relations Council of 28 January was briefed by UN Special Envoy Jan Eliasson on progress in the peace talks. We expressed our support for the pursuit and implementation of political solutions in Darfur and between north and south Sudan; condemned obstruction of, and a recent attack on, UNAMID; stressed the importance of unfettered humanitarian access; and called for full co-operation with the International Criminal Court. We also urged Sudan and Chad to refrain from incursions into each other’s territory and support for rebel groups. In this regard, reports that Sudan has been actively supporting the insurgency in Chad are very disturbing. I welcome the fact that the GAERC has decided to keep the option of further sanctions on the table until we are sure that the Sudanese Govern- ment, as well as other parties, are co-operating fully with the peace process, with UNAMID, and with humanitarian actors.

Passport Applications. 305. Deputy Jim O’Keeffe asked the Minister for Foreign Affairs the reason his Department stated on 21 January 2008 that it was no longer accepting personal cheques as it takes ten days for clearance by the banks, in view of the reply to a Da´il E´ ireann question (details supplied) that the clearing cycle for a cheque should in normal circumstances take no more than three business days; if he is reviewing his policy decision on the non-acceptance of cheques; and if he will make a statement on the matter. [4647/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): The restriction concerning payment by cheque was introduced only in respect of cases where a person requests urgent processing of an application and the issuing of a passport within five days. This approach was taken because a number of cheques had “bounced” following the issuing of a passport. The restriction on payment by cheque for urgent applications has since been reviewed and after careful consideration, it was decided that it should be withdrawn. This was effective from 30 January 2008. In addition to accepting payment by credit card, debit card, cash or through An Post for Passport Express applications, the Passport Office will continue to accept payment by cheque for all applications, including urgent applications.

306. Deputy David Stanton asked the Minister for Foreign Affairs if he will put a facility in place to allow passport application forms to be downloaded; if he will set up a facility to enable

982 Questions— 12 February 2008. Written Answers passports to be applied for on-line; if so the timescale involved; and if he will make a statement on the matter. [4701/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): The Department is fully committed to the implementation of eGovernment in its services to the public. In this regard, it has recently introduced on line tracking of passport applications. This facility enables an applicant to track the progress of his or her application on line by entering the application number into the Passport Office website. As regards a full on-line application process, this would pose a considerable challenge, and one which has been made more difficult in the post 9/11 security situation. At present in the EU, a full on on-line application facility is currently available in only two member states (Malta and Estonia). However, in both cases, the passport-issuing authority has access to a national identity database which simplifies the verification of citizenship and identity. In the absence of such a database, the verification process requires the submission of supporting documentation such as certificates of birth or marriage, and the witnessing both of photographs of the applicant and his/her signature in order to verify the correctness and accuracy of the details submitted. In some cases, it may also be necessary to submit a previous passport. The Department will continue to keep the matters of on-line application facilities under review to see whether evolv- ing technology will in time provide a solution.

307. Deputy Peter Kelly asked the Minister for Foreign Affairs the number of passport applications in 1994 and 2007 that were the subject of representations, or were transmitted or routed through, or in any way facilitated by persons (details supplied); and if he will make a statement on the matter. [4705/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): The information requested was not recorded on an individual Deputy basis in 1994. However, for 2007, the number of applications recorded by the Department as having been submitted by the Offices of Deputies Hogan and Kenny were, respectively, 0 and 39.

308. Deputy David Stanton asked the Minister for Foreign Affairs the number of passports issued by passport express by regular post by the person applying in person through diplomatic or consular missions and through offices of the Houses of the Oireachtas Members in 2005, 2006 and 2007; and if he will make a statement on the matter. [4707/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): The information requested by the Deputy is outlined in the table below. The Deputy may wish to note that, in addition to the figures requested, it is also possible for Irish citizens to apply for a passport in person at the public offices in Dublin and Cork or to drop their applications into designated collection points or ‘drop boxes’ at these offices. The combined total for these was some 100,000 for each of the years 2005, 2006 and 2007.

Method of Application 2005 2006 2007

Passport Express services of An Post and the Royal Mail 356,062 379,141 374,049 Regular post including applications submitted by registered post 33,078 32,626 32,846 Overseas Missions 67,677 83,218 80,997 Special Desk including applications forwarded by members of the Oireachtas 6,973 7,384 6,326

309. Deputy Edward O’Keeffe asked the Minister for Foreign Affairs if he will issue a passport to persons (details supplied) in County Cork. [4739/08] 983 Questions— 12 February 2008. Written Answers

Minister for Foreign Affairs (Deputy Dermot Ahern): In 2005, the Government decided that, building on the existing free transport, television licence, phone and electricity schemes for older people, passports should also be available free to persons aged 65 and over. This was warmly welcomed at the time. The reality now is that, if this attractive scheme is to work satisfactorily, there clearly has to be a fixed starting date and fixed qualifications for persons to benefit under it. In addition, and unless a passport holder has immediate travel plans, new passports do not have to be applied for on, or be valid from, the date when the previous passport expired. As the persons concerned will both reach 65 years of age in 2009, they may wish to consider waiting until they reach that age and then apply for a free passport.

Departmental Staff. 310. Deputy Arthur Morgan asked the Minister for Foreign Affairs the number of agency workers employed by his Department and by State agencies which fall under the auspices of his Department. [4787/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): At the Headquarters of the Depart- ment of Foreign Affairs, a small number of staff in specialised areas are retained on a contract basis. No agency workers are employed at Headquarters, though 26 members of local staff at Missions abroad are engaged through employment agencies. No State agencies fall under the auspices of the Department of Foreign Affairs.

Data Protection. 311. Deputy Leo Varadkar asked the Minister for Foreign Affairs if disks, laptops or memory storage devices containing personal information about members of the public have been lost or stolen from his Department; and if he will make a statement on the matter. [5005/08]

314. Deputy Leo Varadkar asked the Minister for Foreign Affairs if he has been informed by any of the agencies attached to his Department, if those agencies have lost or had stolen from them any disks, laptops or memory storage devices containing personal information regarding members of the public; and if he will make a statement on the matter. [5077/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): I propose to take Questions Nos. 311 and 314 together. No disks, laptops or memory storage devices containing personal information about members of the public have been lost or stolen from the Department of Foreign Affairs. There are no agencies attached to the Department of Foreign Affairs.

Consular Services. 312. Deputy Leo Varadkar asked the Minister for Foreign Affairs the number of representations made by, or on behalf of, Irish citizens for each of the past four years seeking financial aid for the payment of bail or bonds relating to matters arising from criminal investigations overseas; and if he will make a statement on the matter. [5012/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): Requests to the Consular Section of the Department for financial assistance are usually made by telephone and sometimes by different relatives of the same person. It is not possible for the Department to give a breakdown on the number of representations we have received over the past four years as statistics are only kept in cases where funds are actually advanced for payment. The Department has a reputation for dealing sympathetically and effectively with consular cases of all kinds, a fact that has been widely recognised, including by very many Oireachtas Members. In the case of a bond payment,

984 Questions— 12 February 2008. Written Answers the Department would not as a rule advance funds for the purpose except where it had a real concern that the life or lives of the Irish citizens were in serious danger.

313. Deputy Leo Varadkar asked the Minister for Foreign Affairs the person who repaid the sum of \17,000 which was advanced for the payment of a bond relating to the so-called Colom- bia 3; and if he will make a statement on the matter. [5013/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): The funds referred to by the Deputy were repaid in full on 20th August, 2004 by the ‘Bring Them Home Campaign’.

Question No. 314 answered with Question No. 311.

Human Rights Issues. 315. Deputy Michael Kennedy asked the Minister for Foreign Affairs the position regarding the Mogolino orphanage situation in Bulgaria; if there has been further development of the issue; the extent to which the Irish authorities are monitoring the situation; and if he will make a statement on the matter. [5145/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): I share deep concerns regarding the welfare of vulnerable children in the Mogilino social care home. The need for action to address this disturbing legacy of past policies and attitudes is acknowledged by the Bulgarian authorities. In view of Irish concerns, I asked our Ambassador to Bulgaria to meet with the Minister who has responsibility for institutional care and to raise with her these concerns. During this meeting, the Minister acknowledged the gravity of the situation and spoke of the priority that the Bulgarian Government attaches to implementing the necessary reforms. She briefed the Ambassador on plans to provide alternative options to institutional care. Providing an alternative to large-scale institutional care is a process that requires careful planning and adequate funding. There is a general recognition amongst those dealing with this situation on the ground that the solution must be well thought out, be applicable generally throughout the system, and have the interests of the children as the driving force behind it. With regard to the Mogilino social care home, the Bulgarian Minister confirmed to the Ambassador that the authorities plan to close this home. Steps are being taken to put in place the appropriate alternative arrangements for each of the children currently resident there. The objective is to provide specialist care through the creation of smaller group homes. The Bulgarian authorities are working closely with a group of Non Governmental Organisations and UNICEF in the implementation of an agreed action plan. Medical evaluations of the children have been carried out and a number of them have received hospital treatment. The children are also being assessed to determine the full extent of their problems with a view to producing detailed plans for their futures. Additional funding and supplies have been authorised to improve conditions for those living there. A new Director has been appointed to the institution and the rest of the staff are receiving training by a group of specialists in this field. The Irish Embassy in Sofia maintains close contact with organisations working to improve the living conditions of the children and young adults resident in institutions. A number of Irish citizens and organisations are also involved and the Embassy supports them in their work whenever possible. We will continue to urge the early implementation of the reforms needed to protect the interests of this particularly vulnerable section of society.

Overseas Development Aid. 316. Deputy Denis Naughten asked the Minister for Foreign Affairs, further to Parliamentary

985 Questions— 12 February 2008. Written Answers

[Deputy Denis Naughten.] Question No. 102 of 6 February 2008, the funding provided to each country in Africa in each of the past five years; his plans to include additional donor countries based on the level of migration to Ireland; and if he will make a statement on the matter. [5200/08]

Minister of State at the Department of Foreign Affairs (Deputy Michael P. Kitt): Irish Aid delivers assistance to over 30 countries in Africa and has developed long term partnerships with seven of these countries which are known as programme countries. These are Tanzania, Zambia, Lesotho, Mozambique, Uganda, Ethiopia and Malawi. In Asia, Vietnam and East Timor are also designated as programme countries. These partnerships allow Irish Aid to provide significant, predictable bilateral assistance in a structured and targeted way. The table below sets out the figures for the funding to our African Programme Countries for the last five years. The White Paper on Irish Aid, published in September 2006, commits to increasing the number of our programme countries from eight to ten. Malawi has been selected as our ninth partner country and a programme of development cooperation will begin there this year. The White Paper describes the criteria used for deciding on a programme country. These include: a strong focus on addressing poverty, the partner country being one of the Least Developed Countries; ensuring that there is scope for Ireland to be of real assistance, taking into account our track record, skills and experience; adequate governance and a commitment to fight corrup- tion; and a demonstrated capacity on the part of the partner government to take ownership of the country’s development process and lead the work of its donors in line with its own priorities. In addition, the political environment of the country should be sufficiently stable as to allow Irish Aid staff to deliver an aid programme.

Appendix

Funding Provided to Irish Aid’s African Programme Countries for the years 2003 to 2007

Figures in \000’s

2007 2006 2005 2004 2003

Ethiopia 32,150 30,000 28,000 27,500 24,233 Lesotho 9,000 8,400 9,700 10,500 9,915 Zambia 21,500 19,400 18,000 16,560 13,300 Mozambique 31,000 25,340 29,000 28,369 29,300 Tanzania 32,300 25,800 24,400 22,000 19,459 Uganda 35,500 32,000 27,700 30,650 32,369

Passport Applications. 317. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the procedure to be followed in obtaining a passport in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [5277/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): There are a number of ways in which a person, who is born outside Ireland, can obtain an Irish passport through establishing his/her citizenship. These include that of a person who has one Irish born parent, irrespective of where he/she was born. This may well be the case of the person in question. However, as we understand he was born in the UK, the first step in establishing his citizenship would be to obtain a birth certificate from the Office of the Registrar General in the UK. If the Deputy can provide 986 Questions— 12 February 2008. Written Answers more detailed information to the Passport Office (Kathleen Burke at 6733036), I will ask our Embassy in London to assist in locating a birth certificate for him. If this way forward does not yield a result, we will revert to the Deputy with other suggestions.

Departmental Staff. 318. Deputy Phil Hogan asked the Minister for Foreign Affairs if persons have been dismissed from the Civil Service since the provisions of the Civil Service Regulation Act 2005 were introduced; the number and grade of the persons concerned; and if he will make a statement on the matter. [5663/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): No member of the Department of Foreign Affairs has been dismissed since the introduction of the Civil Service Regulation Act 2005.

Departmental Expenditure. 319. Deputy Phil Hogan asked the Minister for Foreign Affairs the amount paid to civil servants by way of travel, subsistence or overnight allowances or payments for each of the years 2002 to the end of 2007; and if he will make a statement on the matter. [5677/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): I have detailed below the amounts of travel subsistence payments made to Civil Servants in my Department, both at Headquarters and in our 75 Missions abroad, over the past five years.

Subsistence Allowances (2002 to 2007)

2002 2003 2004 2005 2006 2007

Travel Subsistence \1,319,001 \1,229,711 \1,247,823 \1,215,206 \1,246,823 \1,198,049

In addition to the figures outlined above, significant travel expenditure was incurred as a direct result of the demands and responsibilities of the 2004 EU Presidency. Specific budgetary provision was made for this and the total expenditure arising was \3,300,000, incurred over 2003 and 2004.

Decentralisation Programme. 320. Deputy Phil Hogan asked the Minister for Enterprise, Trade and Employment the progress made in respect of the decentralisation of the Health and Safety Authority to Thomastown, County Kilkenny; if a site has been purchased; when it is expected construction work will commence; and if he will make a statement on the matter. [4517/08]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): The Health and Safety Authority is to move 110 posts to Thomastown, Co Kilkenny as part of the decentralisation programme. To date a total of 65 civil and public servants have expressed an interest through the Central Application Facility (CAF) process in transferring to Thomastown. In anticipation of the move to Thomastown, the Authority has established an interim office in Kilkenny city and to date 27 staff have decentralised to that office awaiting transfer to Thomastown when the new premises there are completed. The Office of Public Works (OPW) has signed a contract for sale in respect of a site in Thomastown. When the purchase is completed, expressions of interest for the design and build phase will be invited from interested parties. It will be a matter for the successful tenderer to apply for planning permission at that stage. The current estimated timeline in regard to moving 987 Questions— 12 February 2008. Written Answers

[Deputy Billy Kelleher.] staff into the new premises is 2009/2010. However, this is dependent on planning permission and the building time.

Departmental Correspondence. 321. Deputy Olivia Mitchell asked the Minister for Enterprise, Trade and Employment the action he will take in response to the letter he received from a person (details supplied) in Dublin 6 in view of the apparently intransigent and unjust approach being adopted by the Companies Registration Office towards a new business venture; and if he will make a statement on the matter. [4549/08]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy John McGuinness): My Department is currently examining, in consultation with the Companies Registration Office, the matters raised in the letter concerned and a detailed response to the letter will be issued as soon as possible.

Employment Rights. 322. Deputy Joe McHugh asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to the fact that many reputable electrical firms in the electrical contracting industry are either drastically downsizing or closing their business; and if he will make a statement on the matter. [4708/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): My Department does not collect sector specific information in relation to the electrical contracting sector. I therefore have no particular information in relation to electrical firms.

323. Deputy Joe McHugh asked the Minister for Enterprise, Trade and Employment the reason the National Employment Rights Authority has not entered into talks with trade associations in relation to the non-compliance within the electrical contracting industry; and if he will make a statement on the matter. [4709/08]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): The National Employment Rights Authority (NERA) have advised me that they are happy to meet with trade associations or representative bodies in relation to non-compliance with employment rights in any sector of the economy. In relation to trade associations representing the electrical contracting industry, I have been informed by NERA that they met with one representative body of that industry in May 2007. In addition, NERA have set up an informal working group with EPACE, whose Board includes employer and employee representative bodies. The informal working group was established to discuss matters of mutual interest in the area of employment rights..

FA´ S Training Programmes. 324. Deputy Joe McHugh asked the Minister for Enterprise, Trade and Employment the reason the standard of having the ratio of two apprentices to every qualified electrician has fallen as far back as ten apprentices to every qualified electrician; his views on whether this will affect the safety standards in the industry; and if he will make a statement on the matter. [4710/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): The Standard Based Apprenticeship programme provides for seven phases of training, four on-the-job and three off-the-job. Apprentices are assessed on a structured ongoing basis throughout their apprenticeship. Modular assessments are carried out during the off-the-job training phases.

988 Questions— 12 February 2008. Written Answers

These assessments incorporate course work, standardised practical assessments and theoretical assessments. During the on-the-job training phases of apprenticeship the apprentice’s competence is assessed to pre-specified standards by the employer and the results of these assessments are submitted to FA´ S. FA´ S Services to Business personnel adopt a pragmatic approach that recognises the variety and complexity of considerations in the work environment that can impact on both an employer’s ability to provide necessary on-the-job training for apprentices and determine the appropriate ratio of apprentices to qualified craftspersons. These are assessed on a case-by- case basis. FA´ S Services to Business monitors employers during the apprenticeship programme to ensure that the training and assessment standards for on-the-job programmes are maintained. Employers are responsible for safety standards in the workplace under the Safety, Health & Welfare Act 2005. There is no reason to believe that the ratios at issue have any negative implications for the maintenance of the required safety standards at work.

Job Creation. 325. Deputy Joe McHugh asked the Minister for Enterprise, Trade and Employment if he plans to address the need to attract high tech, high value jobs in Inishowen; and if he will make a statement on the matter. [4712/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): Donegal is a target location for the IDA with the County now competing for a different type of business to labour intensive manufacturing, which IDA so successfully won over the past four decades. The overseas investor is now seeking locations for more advanced manufacturing or office based solutions, to a great extent depending on high skill and high value work. This has required a significant change of strategy by the IDA with a focus on a limited number of key locations nationally. In line with this strategy, IDA Ireland has adopted a focused approach in the County with the choice of Letterkenny as the main location for development efforts. Notwithstanding that, should an overseas company wish to consider Buncrana or any other Inishowen location for new investment or expansion, IDA Ireland would be willing to assist in whatever way possible. The decision by Seatem/Keith Prowse in 2002 to set up a customer support centre in IDA Ireland’s Industrial Estate in Buncrana is an example of this. As regards Enterprise Ireland, it provides a wide range of supports for high potential start up companies including, financial supports, business and marketing advice, mentoring, product development etc. As part of its infrastructural support for start-up companies, Enterprise Ireland has approved some \3.5m in recent years for developments at Letterkenny Institute of Technology, which is an important aspect of supporting and attracting business to the region. Enterprise Ireland has also been very active in supporting the development of community enterprise centres in the North West Region, which are critical to continued enterprise development in rural areas and to the development of an entrepreneurial culture. Nine Community Enterprise Centres in County Donegal have received funding of approx. \2m under the Com- munity Enterprise Centre Scheme to date, including Carndonagh in 2006 and Moville in 2007. In 2006, I announced the establishment of a new Enterprise Managed Service centre (EMS) by AssetCo to be based in Buncrana, Co Donegal. Supported by Enterprise Ireland, the project involves an investment of \5.2m and will lead to the creation of 130 new jobs. Enterprise Ireland approved furtherR&Dfunding to supportR&Dactivity within AssetCo in 2007. Forward Emphasis International Ltd. based in Malin Head has expanded significantly over the past 2 years with full time employment doubling between the period November 2006 and November 2007. Enterprise Ireland also provided financial support in 2007 for this development. Powerboard (E & I Engineering) was approved as an Enterprise Ireland HPSU in 2005 and this company currently employs around 140 people on a full time basis. In addition to the

989 Questions— 12 February 2008. Written Answers

[Deputy Michea´l Martin.] above, companies in Inishowen were approved a further \326,000 in financial support in 2007. In Inishowen there are currently a total of 26 Enterprise Ireland supported companies. As regards the Donegal County Enterprise Board, its role is to provide support to micro- enterprises in the start-up and expansion phases, to promote and develop indigenous micro- enterprise potential and to stimulate economic activity and entrepreneurship at local level. Through the provision of both financial and non-financial support, the Board supports individuals, firms and community groups provided that the proposed projects have the capacity to achieve commercial viability. Financial support is available in the form of Capital Grants, Employment Grants and Feasibility Study grants. In relation to non-financial support, Donegal CEB engages in a range of activities to stimulate enterprise and to support small businesses. As regards re-training and upskilling, which comes under the remit of FA´ S, that agency liaises on an ongoing basis with other State development agencies and industry in order to identify and meet the needs of workers. FA´ S has provided many tailored and specific programmes to meet the needs of workers in County Donegal, particularly in the context of the changing nature of employment as the County transitions from traditional industries to new knowledge based activities.

Departmental Staff. 326. Deputy Arthur Morgan asked the Minister for Enterprise, Trade and Employment the number of agency workers employed by his Department and by State agencies which fall under the auspices of his Department. [4784/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): My Department does not employ any agency workers. However the following agencies, which fall under the auspices of my Department employ some agency workers. Out of a total of 4382 employees, 54.5 employees are agency workers.

Agency No. of Employees No. of Agency Workers

Enterprise Ireland 831.5 23 Industrial Development Authority 273 5 FAS 2,265.5 7 Health and Safety Authority 186 2 FORFAS 120 5 NSAI 160 1 Science Foundation Ireland 36 2 Shannon Development 130 1 IAASA 9 0 Competition Authority 51 0 County Enterprise Boards 146 0 InterTrade Ireland 42 2.5 National Consumer Agency 61 0 Personal Injuries Assessment Board 71 6

Total 4,382 54.5

Data Protection. 327. Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Employment if disks, laptops or memory storage devices containing personal information about members of 990 Questions— 12 February 2008. Written Answers the public have been lost or stolen from his Department; and if he will make a statement on the matter. [5002/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): My Department’s records indicate that, to date, four laptops and three blackberry devices were stolen or lost over the last seven years. I understand that none of these held personal information about members of the public. Of the four laptops reported stolen one was subsequently recovered. While none of the Blackberry devices have been recovered, my Department invoked the facility to automatically wipe all data from the devices as soon as they were reported missing and immediately cancelled the subscription with the service provider. Last year my Department, with the assistance of an external ICT security expert, conducted a comprehensive review of ICT security across my Department and its Offices. The findings of the report now form a significant part of my Department’s new ICT Strategy (2008-2010) which will focus on ensuring continuity of ICT availability including increased security awareness of users, additional process and technological controls and ongoing inclusion of security considerations as part of a project’s planning process. The Review took into consideration the balance that is required between ensuring integrity and confidentiality of information and systems on one hand, and availability and usability of information on the other. The recent growth of electronic storage devices such as those mentioned in the question is a concern for my Department in terms of how it can ensure that sensitive information remains secure. Indeed, the fact of the matter is that many people including staff of my Department would personally own a number of such devices including memory keys, mobile phones, MP3 players and hand-held game consoles. Therefore, my Department is adopting a dual approach by concentrating on both awareness and prevention of any security lapses. An ICT security awareness programme is underway, involving newsletters, workshops and presentations to staff along with reminders of ICT usage policies and regulations. Furthermore, and in light of recent events internationally involving loss of media containing sensitive data, my Department has reviewed the manner in which data is transported within the Department and between the Department and other Public Bodies. A number of changes were made to the processes involved and my Department will continue to implement new procedures and technologies to ensure ongoing improvements in securing sensitive data.

Proposed Legislation. 328. Deputy Ciara´n Lynch asked the Minister for Enterprise, Trade and Employment if he will introduce legislation to regulate agency workers; the areas the legislation will cover; when he expects it to be introduced; and if he will make a statement on the matter. [5016/08]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): I presume the Deputy is referring to the regulation of employment agencies. The Employment Agency Act 1971 currently provides such regulation. Following a period of extensive consultation, proposals for an Employment Agency Regulation Bill which will modernise the regulation of the employment agency sector and which will repeal and replace the Employ- ment Agency Act 1971, have now been finalized, and I intend to submit to Government later this month a Memorandum seeking approval for the drafting of a Bill by the Office of the Parliamentary Counsel to the Government. The Bill as drafted will reflect the commitment, in Towards 2016, to a licensing system where, to be licensed, employment agencies will be required to comply with the terms of a Statutory Code of Practice which will set out the practices and standards which employment agencies would be expected to follow. A Monitoring and Advisory Committee will advise me on the

991 Questions— 12 February 2008. Written Answers

[Deputy Billy Kelleher.] Code of Practice and on other matters related to this sector of our economy. This Committee will include representatives of the Social Partners and of the Agency sector. Other elements in the Bill are aimed at further strengthening and enhancing the effective enforcement of the employment rights of agency workers.

Data Protection. 329. Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Employment if he has been informed by any of the agencies attached to his Department, if those agencies have lost or had stolen from them any disks, laptops or memory storage devices containing personal information regarding members of the public; and if he will make a statement on the matter. [5074/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): The loss or otherwise of equipment belonging to the Agencies is a day-to-day operational matter for the agencies concerned and not one for which I have a function. The various agency liaison units across my Department have confirmed that they have no records of an agency reporting the loss or theft from them of any disks, laptops or memory storage devices containing personal information regarding members of the public.

Community Employment Schemes. 330. Deputy Willie Penrose asked the Minister for Enterprise, Trade and Employment if he will review the regulations pertaining to participation on community employment schemes, particularly those relating to participants who are in the 35 to 55 years age category, and who are only permitted a maximum of three years on the scheme; if he will amend this restrictive stipulation which prevents FA´ S from approving suitable applicants in that age category to spend more than three years on a community employment scheme where all the parties agree that it is vital to the continuation of the particular scheme; and if he will make a statement on the matter. [5162/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): Community Employment (CE) is an active labour market programme designed to provide eligible long term unemployed people and other disadvantaged persons with an opportunity to engage in useful work within their communities on a fixed term basis. The programme helps unemployed people to progress to the open labour market by breaking their experience of unemployment through a return to work routine and assists them in enhancing/developing both their technical and personal skills. To cater for older workers in particular, in November 2004 I revised the 3 year CE capping to allow those of 55 years of age and over to avail of a 6-year period on CE (based on participation since 3rd April, 2000). Subsequently, the participation limit for persons eligible for CE based on a Social Welfare disability linked payment was increased by 1 year. These measures were introduced in recognition of the fact that older participants and people with disabilities may find it more difficult to progress into the open labour market. The aim of CE still remains as an active labour market programme with the emphasis on progression into employment. The programme is managed within this context, with consideration to the availability of resources and the needs of participants and the community. However, it should be remembered that, in so far as participants remain on CE, they are precluding someone else from benefiting from the programme. FA´ S makes every effort to ensure that differing levels of demand between neighbouring schemes are equalised. FA´ S also operates the programme flexibly as far as possible to ensure the continuation of community

992 Questions— 12 February 2008. Written Answers projects. In conclusion then, I would say that this Government will continue to support the positive role of CE in meeting the needs of long-term unemployed persons while at the same time providing essential services to communities. In this regard, we are keeping the operation of the Scheme under constant review.

Departmental Staff. 331. Deputy Phil Hogan asked the Minister for Enterprise, Trade and Employment if persons have been dismissed from the Civil Service since the provisions of the Civil Service Regulation Act 2005 were introduced; the number and grade of the persons concerned; and if he will make a statement on the matter. [5661/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): The Civil Service Disciplinary Code, which was revised in July 2006 in accordance with the Civil Service Regu- lation Act 2005, provides for a number of disciplinary actions including dismissal. The provisions of the code apply to all officers other than officers serving in a probationary capacity after entry to the Civil Service. To date no member of staff who has completed their probationary period has been dismissed from my Department since the provisions of the Civil Service Regulation Act 2005 were introduced. One member of staff at in the Clerical Officer grade had their employment terminated while on probation because they failed to satisfy the conditions attached to their probationary contract.

Departmental Expenditure. 332. Deputy Phil Hogan asked the Minister for Enterprise, Trade and Employment the amount paid to civil servants by way of travel, subsistence or overnight allowances or payments for each of the years 2002 to the end of 2007; and if he will make a statement on the matter. [5675/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): Due to the fact that my Department changed its financial management system within the last five years, the information requested by the Deputy is readily available only from the beginning of 2004. The table below sets out the amount paid to staff of my Department and its Offices in respect of travel, subsistence and related payments for each of the years 2004 to 2007 inclusive. The figures include payments made to a small number of non-civil servants (e.g. Ministerial Advisors) who were employed by my Department during the years in question. It is not feasible to separate out payments made to these staff.

Year Amount paid in Travel and Subsistence allowances and related expenses

2004 1,838,262.10 2005 1,585,524.25 2006 1,888,978.39 2007 1,876,003.10

Ministerial Appointments. 333. Deputy Lucinda Creighton asked the Minister for Arts, Sport and Tourism the input or role he or his Department had in the appointment of a person (details supplied) to the board of governors and guardians of the National Gallery of Ireland in 1998. [4959/08] 993 Questions— 12 February 2008. Written Answers

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): The Board of Governors and Guardians of the National Gallery of Ireland is comprised of 17 members; ten of whom are appointed by the Minister for Arts, Sport and Tourism, two of whom are appointed by the Royal Hibernian Academy, and five of whom are appointed in an ex-officio capacity. The person who is the subject of this Question was one of four members of the Board of Governors and Guardians appointed by the then Minister for Arts, Heritage, Gaeltacht and the Islands in 1998.

National Aquatic Centre. 334. Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism if, in view of the heavy loss making National Aquatic Centre, all staff and management positions will be retained. [5142/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): As the Deputy is aware, the statutorily established National Sports Campus Development Authority has taken over the role and function of Campus and Stadium Ireland Development Ltd. since 1 January 2007 and a fully-owned subsidiary of the Authority, NSCDA (Operations) Ltd., is now operating the National Aquatic Centre. Therefore the Centre has reverted to the effective control of the Authority by way of the above subsidiary company within the last 14 months. The operation and the performance of the National Aquatic Centre from a trading perspective is being kept under continuous review. The Authority is reviewing the results of the first full year’s trading at the Centre and to assist this process the Authority have commissioned a benchmarking exercise to compare the operations of the National Aquatic Centre to similar facilities. I would emphasise that the National Aquatic Centre is a world class facility and is now operating to the highest standards and there has been an improved level of throughput in recent months.

335. Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism the breakdown for repairs at the National Aquatic Centre, legal and consultancy costs incurred by the State in relation to the National Aquatic Centre and utility costs at the National Aquatic Centre; and the breakdown of the provision for subsidies for 2008/09 for the National Aquatic Centre. [5144/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): I am informed by the National Sports Campus Development Authority which has responsibility for the operation of the National Aquatic Centre through its subsidiary company, NSCDA (Operations) Ltd., that the following is a breakdown of the costs involved for 2007;

Legal and Professional \75,000

General Consultancy \282,000 Gas \638,000 Electricity \499,000 Maintenance, Plant & Capital Maintenance *\1.6million *Maintenance, Plant and Capital Maintenance on take over of the Centre from previous operator, from end November, 2006,

No decision has been taken on the level of subsidy for 2008 and I expect that the National Sports Campus Development Authority will be making a submission to me on this in due course. 994 Questions— 12 February 2008. Written Answers

Departmental Staff. 336. Deputy Arthur Morgan asked the Minister for Arts, Sport and Tourism the number of agency workers employed by his Department and by State agencies which fall under the auspices of his Department. [4779/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): There are no agency workers currently employed by my Department. Staffing of the agencies under the aegis of my Department is a day to day matter for the agencies themselves.

Data Protection. 337. Deputy Leo Varadkar asked the Minister for Arts, Sport and Tourism if he has been informed by any of the agencies attached to his Department, if those agencies have lost or had stolen from them any disks, laptops or memory storage devices containing personal information regarding members of the public; and if he will make a statement on the matter. [5069/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): I have not been informed of any such items containing personal information regarding members of the public being lost or stolen from the agencies under the aegis of my Department.

Questions Nos. 338 and 339 answered with Question No. 122.

Tourism Industry. 340. Deputy Jim O’Keeffe asked the Minister for Arts, Sport and Tourism the proposals under the tourism development programme established under the National Development Plan 2007 to 2013 for the establishment of a fund for tourism infrastructure covering marinas; and if he will make a statement on the matter. [5179/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): Under the previous National Development Plan, 2000-2006, the former Department of Communications, Marine and Natural Resources was responsible for marine issues including the provision of support for what could be termed marine tourism projects, e.g. visitor angling facilities, marinas etc. While funding will continue to be available under the current National Development Plan’s Tourism Product Development Sub Programme administered by Fa´ilte Ireland, to support a limited range of activities such as beach management, specialised water-sports centres and inland cruis- ing, this does not extend to coastal infrastructure such as maritime marinas.

Sports Capital Programme. 341. Deputy Bernard J. Durkan asked the Minister for Arts, Sport and Tourism the extent to which his attention has been drawn to the applications for grant aid in the past 12 months from the various sporting and recreational authorities or bodies in County Kildare with particular reference to those providing facilities for young people; the number of cases in respect of which he has made financial assistance available; the number of applications made to date in 2008; if closing dates have expired; the extent to which he expects to make a positive response; and if he will make a statement on the matter. [5280/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): Under the sports capital programme, which is administered by my Department, funding is allocated to sporting and community organisations at local, regional and national level throughout the country. The 2008

995 Questions— 12 February 2008. Written Answers

[Deputy Se´amus Brennan.] sports capital programme was advertised on 13th & 14th of January last and the closing date for receipt of applications is 29th February for paper-based applications and 7th March for on-line applications. No details are available at this stage as to the number of applications from Kildare. All applications received before the deadline will be evaluated against the programme’s assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed. Under the 2007 programme, provisional funding allocations totalling \1.948 million were made to eighteen sporting organisations in Kildare.

Youth Services. 342. Deputy Bernard J. Durkan asked the Minister for Arts, Sport and Tourism if his attention has been drawn to the Kildare Youth Services development plan for the future; if he has examined the possibility of offering grant assistance; and if he will make a statement on the matter. [5281/08]

343. Deputy Bernard J. Durkan asked the Minister for Arts, Sport and Tourism if his attention has been drawn to the full extent and scale of the services provided through or by Kildare Youth Services; the extent to which he is aware of their financial needs in 2008; if he will positively respond to such requests; and if he will make a statement on the matter. [5282/08]

344. Deputy Bernard J. Durkan asked the Minister for Arts, Sport and Tourism if he proposes to offer financial support to the services provided by Kildare Youth Services in 2008; and if he will make a statement on the matter. [5283/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): I propose to take Questions Nos. 342 to 344, inclusive, together. Details of the individual schemes and programmes operated directly by my Department are as follows and may be of interest to the Kildare Youth Services. Under the sports capital programme, which is administered by my Department, funding is allocated to sporting and community organisations at local, regional and national level throughout the country for the provision of sports facilities. The 2008 sports capital programme was advertised on 13th & 14th of January last and the closing date for receipt of applications is 29th February for paper-based applications and 7th March for on-line applications. If Kildare Youth Services has a capital project that meets the terms and conditions of the sports capital programme they are free to apply under the current round before the deadline. All applications received before the deadline will be evaluated against the programme’s assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed. My Department also administers the Local Authority Swimming Pool Programme, which provides grant aid towards the capital costs of a new or replacement public swimming pool. This programme is currently closed to applications but it is my intention to launch a new round of the programme in the near future. The ACCESS scheme, which provides capital grants for arts and culture infrastructure around the country, including community based initiatives is also currently closed to applications but I propose to announce a further round of this programme later in the year.

996 Questions— 12 February 2008. Written Answers

Arts Funding. 345. Deputy Bernard J. Durkan asked the Minister for Arts, Sport and Tourism his preferred options for the promotion and development of participation and interest in the arts among young people at community level with particular reference to the need for capital or current funding for same; and if he will make a statement on the matter. [5284/08]

346. Deputy Bernard J. Durkan asked the Minister for Arts, Sport and Tourism if his attention has been drawn to the need to promote the arts at local or community level with particular reference to targeting the youth; his proposals in this regard in the future; and if he will make a statement on the matter. [5285/08]

347. Deputy Bernard J. Durkan asked the Minister for Arts, Sport and Tourism if he is satisfied that adequate and ready access to support and funding, capital or otherwise, is readily available to those promoting the arts at local level throughout the country; if his attention has been drawn to the number of applications made for such aid in the past 12 months; the expected projection in 2008; the extent to which he has made budgetary provision under his various departmental headings to meet such requirements; and if he will make a statement on the matter. [5286/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): I propose to take Questions Nos. 345 to 347, inclusive, together. Government Policy on the Arts is set out in the Programme for Government and elaborated further in my Department’s Statement of Strategy. The Arts Council is the principal agency through which State funding is channelled to the arts and one of whose goals is to strengthen arts organisations countrywide, so as to secure the basis of a vibrant and stable arts community. Under the Arts Act, 2003, the general functions of the Council include the following:

• to stimulate public interest in the arts;

• to promote knowledge, appreciation and practice of the arts;

• to assist in improving standards in the arts.

Neither my Department nor I have a function in deciding on the extent of Arts Council funding for particular projects or venues. Indeed, the Arts Act, 2003, underpins the Council’s statutory independence in this context. Funding for the Arts Council has increased by almost 72% — from \47.67m in 2002, to \82.102m this year. This has allowed the Arts Council to support a record number of artists and arts organisations and a wide range of programmes aimed at all sectors, including young people. In addition funding of over \130m has been allocated by my Department for the capital development of arts and culture infrastructural facilities around the country in recent years. These initiatives are aimed at providing improved and increased access to the arts, in high quality venues, to all elements of society. These are significant amounts of money in any context, and the amounts of both current and capital funding that have been provided in recent years have transformed the arts and arts venues, have increased access to the arts, and provide an excellent platform for still further developments in the years ahead.

Sports Capital Programme. 348. Deputy Bernard J. Durkan asked the Minister for Arts, Sport and Tourism the extent

997 Questions— 12 February 2008. Written Answers

[Deputy Bernard J. Durkan.] to which he has had discussions with all sporting authorities in the context of meeting ongoing funding requirements; his intentions in this regard in 2008 or future years; and if he will make a statement on the matter. [5287/08]

349. Deputy Bernard J. Durkan asked the Minister for Arts, Sport and Tourism his proposals to directly assist by way of capital allocation or otherwise, the various sporting disciplines in 2008; the main sports expected to benefit under these or other headings; and if he will make a statement on the matter. [5288/08]

350. Deputy Bernard J. Durkan asked the Minister for Arts, Sport and Tourism the extent to which he and his Department has provided capital grants or other grant aid to the various sporting bodies, directly or indirectly, in the past 12 months; the extent to which he proposes to do so in 2008; if he proposes changes; and if he will make a statement on the matter. [5289/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): I propose to take Questions Nos. 348 to 350, inclusive, together. Under the Sports Capital Programme, which is administered by my Department, funding is allocated to sporting and community organisations at local, regional and national level throughout the country. The 2008 sports capital programme was advertised on 13 & 14 January last and the closing date for receipt of applications is 29 February for paper-based applications and 7 March for on-line applications. Applications are accepted from all recognised sports and the level of funding allocated under the programme to each sport depends on the range and quality of applications received in any given round of the programme. All applications received before the deadline will be evaluated against the programme’s assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed. Under the 2007 sports capital programme, \85 million was provisionally allocated to 935 sporting organisations. These allocations were announced in April 2007. I should point out to the Deputy that current funding to sporting bodies is allocated by the Irish Sports Council, the statutory body with responsibility for the promotion and development of sport in Ireland. Finally, as Deputy will appreciate, I meet sporting organisations on a regular basis and funding availability is often one of the items under discussion.

Question Nos. 351 to 353, inclusive, answered with Question No. 113.

Departmental Staff. 354. Deputy Phil Hogan asked the Minister for Arts, Sport and Tourism if persons have been dismissed from the Civil Service since the provisions of the Civil Service Regulation Act 2005 were introduced; the number and grade of the persons concerned; and if he will make a statement on the matter. [5656/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): No staff have been dismissed in my Department since the provisions of the Civil Service Regulation Act, 2005 were introduced.

Departmental Expenditure. 355. Deputy Phil Hogan asked the Minister for Arts, Sport and Tourism the amount paid to

998 Questions— 12 February 2008. Written Answers civil servants by way of travel, subsistence or overnight allowances or payments for each of the years 2002 to the end of 2007; and if he will make a statement on the matter. [5670/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): The amount paid by my Department by way of travel, subsistence or overnight allowances or payments for each of the years 2002 to the end of 2007 was as follows: \180,000, \280,000, \310,000, \267,000, \279,000, \284,000 (Provisional Outturn).

Social Welfare Benefits. 356. Deputy Finian McGrath asked the Minister for Social and Family Affairs if he will assist a person (details supplied) in Dublin 3. [4591/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): Under the terms of the supplementary welfare allowance scheme, which is administered on my behalf by the community welfare division of the Health Service Executive, an exceptional needs payment (ENP) may be made to help meet an essential, once-off cost which the applicant is unable to meet out of his/her own resources. There is no automatic entitlement to this payment. Each application is determined by the Executive based on the particular circumstances of the case. Eligible people would normally be in receipt of a social welfare or health service executive payment. In the case of the person concerned, the Dublin / Mid-Leinster Area of the Executive have advised that they have no record of a request for an exceptional needs payment from her. It is open to the person concerned to approach the Executive should she wish to make an application for support.

357. Deputy Pat Breen asked the Minister for Social and Family Affairs if a person (details supplied) in County Clare will be facilitated; and if he will make a statement on the matter. [4630/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The position is that in accordance with formal procedures agreed between the Civil and Public Service Union (CPSU) and the Department of Finance, the names of officers applying for transfer to a location are entered on the Department’s transfer lists in the order in which they are received. Vacancies which arise are then filled by reference to these lists. This is a matter for management in the Depart- ment and I have passed your enquiry to them for noting.

Registration of Marriages. 358. Deputy David Stanton asked the Minister for Social and Family Affairs the number of marriages by civil ceremony which have taken place through the Civil Registration Office in Cork since the commencement of Part 6 of the Civil Registration Act 2007; the number of these civil ceremonies which have been held at some other venue other than the registry office in Cork; the number of these civil ceremonies which are planned, each day, for the remainder of 2008; the number of these ceremonies respectively which are to take place in a venue other than the registry office; and if he will make a statement on the matter. [4639/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): I have been advised by the Registrar General that the position is as set out below. The new marriage provisions in question came in to effect on 5 November, 2007 and the following is the position in relation to Cork:

999 Questions— 12 February 2008. Written Answers

[Deputy Martin Cullen.]

1. Marriages by civil ceremony which have taken place through the Civil Registration Office in Cork since the commencement of Part 6 of the Civil Registration Act, 2004 on 5 November 2007 142 2. Civil ceremonies which have been held at a venue other than the registry office in Cork since the commencement of Part 6 of the Civil Registration Act, 2004 on 5 November 2007 7 3. Civil ceremonies which are planned to year end — as on 8 February 2008 (breakdown attached) 428 4. Civil ceremonies which are planned to take place in a venue other than the registry office to year end — as on 8 February 2008 (breakdown attached) 94

Civil Ceremonies planned for each day from 11 February to 31 December 2008 broken down by Registry Office and ‘Other’ Venues

Date Total Marriages Registry Office ‘Other’ Venues

11/02/2008 2 2 0 12/02/2008 0 0 0 13/02/2008 2 2 0 14/02/2008 2 2 0 15/02/2008 5 5 0 18/02/2008 2 2 0 19/02/2008 2 2 0 20/02/2008 4 4 0 21/02/2008 4 3 1 22/02/2008 5 5 0 25/02/2008 0 0 0 26/02/2008 2 2 0 27/02/2008 1 1 0 28/02/2008 5 4 1 29/02/2008 5 4 1

Total February 41 38 3

03/03/2008 2 2 0 04/03/2008 1 1 0 05/03/2008 0 0 0 06/03/2008 5 4 1 07/03/2008 6 6 1 10/03/2008 2 2 0 11/03/2008 2 2 0 12/03/2008 0 0 0 13/03/2008 4 4 1 14/03/2008 6 5 1 18/03/2008 0 0 0 19/03/2008 2 2 0 20/03/2008 2 2 0 25/03/2008 2 2 0 26/03/2008 1 1 0 27/03/2008 6 5 1 28/03/2008 7 6 1 31/03/2008 0 0 0

Total March 48 42 6

1000 Questions— 12 February 2008. Written Answers

Date Total Marriages Registry Office ‘Other’ Venues

01/04/2008 0 0 0 02/04/2008 1 1 0 03/04/2008 3 2 1 04/04/2008 5 4 1 07/04/2008 0 0 0 08/04/2008 0 0 0 09/04/2008 3 2 1 10/04/2008 2 1 1 11/04/2008 3 2 1 14/04/2008 0 0 0 15/04/2008 0 0 0 16/04/2008 4 4 0 17/04/2008 3 2 1 18/04/2008 6 5 1 21/04/2008 1 0 1 22/04/2008 1 1 0 23/04/2008 0 0 0 24/04/2008 3 2 1 25/04/2008 6 5 1 28/04/2008 1 1 0 30/04/2008 0 0 0

Total April 42 32 10

01/05/2008 5 4 1 02/05/2008 6 4 2 06/05/2008 1 1 0 07/05/2008 1 1 0 08/05/2008 1 1 0 09/05/2008 6 5 1 10/05/2008 0 0 0 12/05/2008 1 1 1 13/05/2008 0 0 0 14/05/2008 1 1 0 15/05/2008 5 4 1 16/05/2008 7 6 1 19/05/2008 3 3 0 20/05/2008 0 0 0 21/05/2008 0 0 0 22/05/2008 5 5 0 23/05/2008 6 4 2 26/05/2008 2 1 1 27/05/2008 3 2 1 28/05/2008 3 2 1 29/05/2008 3 3 0 30/05/2008 6 5 1

Total May 65 52 13

1001 Questions— 12 February 2008. Written Answers

[Deputy Martin Cullen.] Date Total Marriages Registry Office ‘Other’ Venues

03/06/2008 1 1 0 04/06/2008 3 3 0 05/06/2008 4 3 1 06/06/2008 8 6 2 09/06/2008 1 1 0 10/06/2008 0 0 0 11/06/2008 1 1 0 12/06/2008 2 1 1 13/06/2008 5 4 1 16/06/2008 1 1 0 17/06/2008 0 0 0 18/06/2008 2 2 0 19/06/2008 7 5 2 20/06/2008 6 5 1 23/06/2008 0 0 0 24/06/2008 0 0 0 25/06/2008 0 0 0 26/06/2008 6 5 1 27/06/2008 6 5 1 30/06/2008 2 2 0

Total June 55 45 10

01/07/2008 3 3 0 02/07/2008 1 1 0 03/07/2008 5 4 1 04/07/2008 6 5 1 07/07/2008 1 1 0 08/07/2008 0 0 0 09/07/2008 2 2 0 10/07/2008 5 5 0 11/07/2008 6 5 1 14/07/2008 2 2 0 15/07/2008 0 0 0 16/07/2008 0 0 0 17/07/2008 4 3 1 18/07/2008 7 5 2 21/07/2008 1 0 1 22/07/2008 0 0 0 23/07/2008 1 1 0 24/07/2008 4 3 1 25/07/2008 6 5 1 28/07/2008 3 3 0 29/07/2008 1 1 0 30/07/2008 3 2 1 31/07/2008 6 5 1

Total July 67 56 11

1002 Questions— 12 February 2008. Written Answers

Date Total Marriages Registry Office ‘Other’ Venues

01/08/2008 5 5 0 05/08/2008 1 1 0 06/08/2008 2 1 1 07/08/2008 2 2 0 08/08/2008 7 4 3 11/08/2008 2 1 1 12/08/2008 1 1 0 13/08/2008 3 2 1 14/08/2008 7 6 1 18/08/2008 6 5 1 19/08/2008 1 1 0 20/08/2008 1 0 1 21/08/2008 2 1 1 22/08/2008 6 5 1 25/08/2008 2 2 0 26/05/2008 1 1 0 27/08/2008 1 0 1 28/05/2008 3 1 2 29/08/2008 6 5 1

Total August 59 44 15

01/09/2008 0 0 0 02/09/2008 1 1 0 03/09/2008 1 1 0 04/09/2008 2 1 1 05/09/2008 3 2 1 08/09/2008 0 0 0 09/09/2008 0 0 0 10/09/2008 0 0 0 11/09/2008 1 0 1 12/09/2008 2 1 1 15/09/2008 0 0 0 16/09/2008 0 0 0 17/09/2008 0 0 0 18/09/2008 1 0 1 19/09/2008 1 0 1 22/09/2008 0 0 0 23/09/2008 0 0 0 24/09/2008 0 0 0 25/09/2008 1 0 1 26/09/2008 3 2 1 29/09/2008 1 1 0 30/09/2008 0 0 0

Total September 17 9 8

01/10/2008 0 0 0 02/10/2008 0 0 0 03/10/2008 6 5 1

1003 Questions— 12 February 2008. Written Answers

[Deputy Martin Cullen.] Date Total Marriages Registry Office ‘Other’ Venues

06/10/2008 0 0 0 07/10/2008 0 0 0 08/10/2008 0 0 0 09/10/2008 0 0 0 10/10/2008 2 1 1 13/10/2008 0 0 0 14/10/2008 0 0 0 15/10/2008 0 0 0 16/10/2008 0 0 0 17/10/2008 2 1 1 20/10/2008 0 0 0 21/10/2008 0 0 0 22/10/2008 0 0 0 23/10/2008 1 0 1 24/10/2008 3 2 1 27/10/2008 0 0 0 28/10/2008 0 0 0 29/10/2008 0 0 0 30/10/2008 0 0 0 31/10/2008 5 3 2

Total October 19 12 7

03/11/2008 1 0 1 04/11/2008 0 0 0 05/11/2008 0 0 0 06/11/2008 0 0 0 07/11/2008 3 2 1 10/11/2008 0 0 0 11/11/2008 0 0 0 12/11/2008 0 0 0 13/11/2008 0 0 0 14/11/2008 1 0 1 17/11/2008 0 0 0 18/11/2008 0 0 0 19/11/2008 0 0 0 20/11/2008 1 0 1 21/11/2008 1 0 1 24/11/2008 0 0 0 25/11/2008 1 0 1 26/11/2008 0 0 0 27/11/2008 1 0 1 28/11/2008 1 0 1

Total November 10 2 8

01/12/2008 0 0 0 02/12/2008 0 0 0 03/12/2008 0 0 0 04/12/2008 0 0 0

1004 Questions— 12 February 2008. Written Answers

Date Total Marriages Registry Office ‘Other’ Venues

05/12/2008 1 0 1 08/12/2008 0 0 0 09/12/2008 0 0 0 10/12/2008 0 0 0 11/12/2008 0 0 0 12/12/2008 0 0 0 15/12/2008 0 0 0 16/12/2008 0 0 0 17/12/2008 0 0 0 18/12/2008 0 0 0 19/12/2008 3 2 1 22/12/2008 0 0 0 23/12/2008 0 0 0 30/12/2008 0 0 0 31/12/2008 1 0 1

Total December 5 2 3

TOTAL 428 334 94

Social Welfare Benefits. 359. Deputy Phil Hogan asked the Minister for Social and Family Affairs if a termination of rent allowance for a person (details supplied) in County Kilkenny will be reviewed and restored; and if he will make a statement on the matter. [4519/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The Health Service Executive has confirmed that the person concerned was advised that payment of rent supplement would be suspended on the grounds that it had been unable to establish to its satisfaction the household income or household composition. The Executive has advised that the person concerned has asked that her claim be reviewed by another officer, and if appropriate an Appeals Officer. Her claim is currently being reviewed and she will be advised of the outcome of the review.

360. Deputy Noel O’Flynn asked the Minister for Social and Family Affairs if an enhanced payment of rent allowance will be awarded in the case of a person (details supplied) in County Kilkenny in view of the medical circumstances of the person; and if he will expedite a response. [4530/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The Health Service Executive has advised that the person concerned was initially awarded a rent supplement in excess of the rent limits appropriate to her family size. The payment was made as an exceptional measure and on a temporary basis to allow the opportunity of securing alternative accommodation. The person concerned was advised of the decision to terminate rent supplement with effect from 3 February 2007, if she had not secured alternative accommodation with a rent payment appropriate to her particular circumstances. This decision has been appealed to the Chief Appeals Office of my Department and an oral hearing has taken place. The person concerned will be advised of the outcome of the appeal in writing shortly.

361. Deputy Noel O’Flynn asked the Minister for Social and Family Affairs if rent allowance will be approved in the case of a person (details supplied) in County Kilkenny. [4531/08] 1005 Questions— 12 February 2008. Written Answers

Minister for Social and Family Affairs (Deputy Martin Cullen): The Health Service Executive has advised that an application for assistance under the supplementary allowance scheme has not been received from the person concerned. However, the person was advised informally that in order to process a rent supplement claim, an assessment of housing need by her local housing authority would be required. It is open to the person concerned to make an application for rent supplement to her local community welfare officer. Once she is assessed by a housing authority as having a housing need, entitlement to rent supplement will be examined, subject to the other qualifying conditions of the scheme. If she is unhappy with the outcome of this decision, she may lodge an appeal against the decision with the Appeals Office of the Health Service Executive.

362. Deputy Bernard Allen asked the Minister for Social and Family Affairs if he will investigate a situation where ferry companies’ fare concessions for senior citizens have been gradually eroded since 2005 and in most cases have now been totally eliminated. [4626/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The Department of Social and Family Affairs has no role with regard to the concessionary fares schemes which ferry companies or any other transport operators may choose to extend to their customers. The Department does operate the free travel scheme which provides free travel on the main public and private transport services for those eligible under the scheme. These include road, rail and ferry services provided by companies such as Bus A´ tha Cliath, Bus E´ ireann and Iarnro´ d E´ ireann, as well as Luas and services provided by over 80 private transport operators. The free travel scheme also incorporates air travel arrangements for residents of the Aran Islands and Tory Island.

General Register Office. 363. Deputy Brian Hayes asked the Minister for Social and Family Affairs his views with reference to his Department’s customer charter, that the General Register Office in Roscommon town has made improvements in the turn around of its postal business provided to the public; if in hope of maintaining this momentum, he will endorse the Civil Registration Service’s policy of making maximum use of its resources by encouraging members of the public, solicitors, legal researchers, genealogists and local historians and so on to make full use of the GRO’s new computerised database for obtaining certified and uncertified copies of birth, marriage and death records through application not only to the central office but to the State’s 32 local registration offices; and if he will make a statement on the matter. [4685/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The General Register Office (GRO) is the central repository for records of life events in the State, including records relating to legal domestic adoption. The primary function of the Civil Registration Service is to facilitate the civil registration of life events and to provide certified copies of entries in registers of such life events on application from clients. The GRO also provides certain other services directly to clients including the civil registration of stillbirths, the recognition of foreign divorces and a family history/genealogical research service. Registration services are delivered at local level by the Health Service Executive (HSE) through a network of local registration offices managed by Area Superintendent Registrars appointed by the Executive. Access to the life event records, previously held in the single physical repository of the General Register Office, has been extended by the creation of a computerised electronic data base of these records. It is now possible for anybody to obtain certified or uncertified copies of records of life events at any civil registration office across the

1006 Questions— 12 February 2008. Written Answers

State regardless of where the life events occurred. This provides clients with a choice as to whether they direct applications for certificates to a local office or to the GRO. One of the most important aspects of the modernisation programme has been the introduction of new legislation relating to civil registration, this legislation is contained in the Civil Registration Act, 2004. The provisions of this Act are being commenced on a phased basis and to date provisions relating to the registration of births, stillbirths, deaths and marriages have come into effect. Arising from the commencement of these provisions these life events may now be registered at any local registration office irrespective of where the life event took place. As the new provisions of the Civil Registration Act, 2004 have been introduced new practices and procedures relevant to them were drawn up. These were set out in various information leaflets and booklets which are available from GRO, local registration offices and from the offices of voluntary and community organisations. They are also available on both the GRO website and that of the Health Service Executive.

Official Languages. 364. Deputy Olwyn Enright asked the Minister for Social and Family Affairs his views on the recognition of sign language as an official language here; and if he will make a statement on the matter. [4699/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): There are no plans to recognise sign language as an official language of the State. However, sign language has formal recognition in the Education Act 1998. Under the Act, it is a function of the Minister for Education and Science to ensure, subject to the provisions of the Act, that there is made available to each person resident in the State, including a person with a disability or who has other special educational needs, support services and a level and quality of education appropriate to meeting the needs and abilities of that person. This includes provision for students learning through sign language. A number of practical initiatives which seek to promote, develop and implement sign language in are currently in place. The Citizens Information Board, an agency of my Department, established the Sign Language Interpreting Service (SLIS) in March 2007. This was in line with the recommendations in the report, Review of Sign Language Interpretation Services and Service Requirements in Ireland. The Board of the new company comprises representatives drawn from the Deaf community, people with a background in delivering services to the Deaf community, from relevant public bodies including the Citizens Information Board, my own Department and the private sector. SLIS began operations in April 2007 and since then has dealt with over a 1000 bookings and provided interpreters to meet the needs of a range of public and private sector organisations. SLIS has also recently established its website www.slis.ie.

Social Welfare Benefits. 365. Deputy Catherine Byrne asked the Minister for Social and Family Affairs the number of people in receipt of social welfare rent supplements nationwide and in Dublin city; the cost to his Department for the rent supplement scheme for 2007; and if he will make a statement on the matter. [4740/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): At the end of 2007 there were 59,726 persons in receipt of rent supplement. This includes 20,498 recipients in Dublin. Expenditure on rent supplement in 2007 was \391.2 million.

1007 Questions— 12 February 2008. Written Answers

Departmental Staff. 366. Deputy Arthur Morgan asked the Minister for Social and Family Affairs the number of agency workers employed by his Department and by State agencies which fall under the auspices of his Department. [4790/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): REACH, the Unit established in my Department to provide e-services across the public service, currently employs 20 agency workers to provide various services on a short-term contract basis. The Citizens Infor- mation Board currently employs 2 agency workers for the purpose of filling short-term vacancies.

Social Welfare Benefits. 367. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when rent support will be awarded to persons (details supplied) in County Kildare; and if he will make a statement on the matter. [4842/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The Health Service Executive has confirmed that it has received an application for rent supplement from the persons concerned on 23rd January 2008. The Executive has advised that it has requested documentation indicating the employment status of the members of the household but this has not been received to date. If the persons concerned contact the community welfare officer dealing with the application in question and provide the relevant documentation, a decision will be made on the application for rent supplement without delay.

Social Welfare Code. 368. Deputy David Stanton asked the Minister for Social and Family Affairs if assistance is available to persons with diabetes who have to incur extra expenses by being on special diets; if he has given consideration to extending the diet supplements administered by his Department to include such persons; and if he will make a statement on the matter. [4956/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): Any person who is receiving a Social Welfare or Health Service Executive payment and who has been prescribed a special diet as a result of a specified medical condition, and whose means are insufficient to meet his/her needs, may qualify for a diet supplement under the supplementary welfare allowance scheme. The amount of diet supplement payable in individual cases is calculated by assessing one-third (single people) or one-sixth (couples) of the applicant’s weekly income against the cost of the relevant diet. Revised diet supplements arrangements were introduced in April 2006 and subsequently updated in January 2007. These revised arrangements reflected the findings of a study commissioned from the Irish Nutrition and Dietetic Institute (INDI) in 2006 on healthy eating. The objective is that all social welfare recipients, including those with special dietary needs, should be able to purchase an appropriate diet at a cost of no more than one third of their income. However, under the revised arrangements, diabetes is not classified as a prescribed diet but rather comes within a healthy eating diet which every person can meet from one third of their basic payment. Current diet supplement regulations prescribe the following specialised diets, (as recommended by INDI):

1008 Questions— 12 February 2008. Written Answers

1. Low-lactose, milk-free

2. Gluten-free

3. High-protein, high calorie

4. Altered consistency (liquidised)

The healthy eating study is being updated in the light of changing prices and ongoing research on nutritional issues. One of the key findings emerging in this update is that a balanced healthy eating diet can be purchased for between 18% and 30% of a person’s social welfare payment. I am mindful to ensure that people on low incomes generally can afford a healthy eating diet even when they have not been prescribed a specialised diet. The policy of providing substantial real increases in primary social welfare and assistance payment rates will help to achieve this by ensuring that healthy food is now more affordable for people relying on social welfare payments.

Data Protection. 369. Deputy Leo Varadkar asked the Minister for Social and Family Affairs if disks, laptops or memory storage devices containing personal information about members of the public have been lost or stolen from his Department; and if he will make a statement on the matter. [5008/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The only such devices reported lost or stolen in recent years were: 2002 — One Laptop computer — while staff member was on public transport 2004 — One Laptop — house break-in 2006 — Two laptops — one house break-in and one car break-in 2007 — One laptop — house break-in While laptop computers, can be used to remote access customer information, such data is not retained on the device following access. Industry standard security protocols, such as password protection and security software, are deployed to protect all departmentally supplied devices and preserve the confidentiality of data.

Social Welfare Benefits. 370. Deputy Tom Sheahan asked the Minister for Social and Family Affairs the reason rent allowance was discontinued to a person (details supplied) in County Kerry; if it will be reinstated; and if he will make a statement on the matter. [5055/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The Health Service Executive has advised that it suspended payment of rent supplement when it became aware that the person concerned had commenced full-time employment. Those engaged in employment of 30 hours or more per week are disqualified from payment of rent supplement. However, if a claimant is accepted by a local authority as being in need of accommodation under the rental accommodation scheme, the person may engage in full-time employment and retain rent supplement, subject to the normal qualifying conditions of the scheme, including a means assessment. The Executive has advised that the person concerned should contact her local community welfare office so that any entitlement she may have to rent supplement can be determined.

1009 Questions— 12 February 2008. Written Answers

371. Deputy Sea´nO´ Fearghaı´l asked the Minister for Social and Family Affairs his views on correspondence from a person (details supplied); if the person who suffers from a long-term progressive and incurable illness is entitled to payment from his Department. [5056/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The person concerned applied for Disability Allowance on 13 April 2006. His claim was refused on 8 June 2006 as it was found that the income derived from his spouse’s earnings was in excess of the statutory limit for entitlement to a Disability Allowance. His claim was subsequently reviewed when revised Regulations came into effect on 26 September 2007 amending the rules for assessing spousal income. Following that review the person concerned was advised that his means derived from his spouse’s earnings were still in excess of the statutory limit. He appealed the decision to the Social Welfare Appeals Office and following an examination of the facts the Appeals Officer disallowed the appeal. An Appeals officer’s decision is final in the absence of new evidence or new facts or any change of circumstances. Decisions on claims and appeals are made by Deciding Officer and Appeals Officer and I have no role in these functions.

Social Welfare Code. 372. Deputy Paul Kehoe asked the Minister for Social and Family Affairs his views on whether the first \200 of a persons occupational pension could be disregarded in the same way as from employment when applying the means test for a non-contributory pension; and if he will make a statement on the matter. [5060/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): From September 2006, a specific additional earnings disregard of \100 per week (now \200 per week) was introduced where the pensioner is in employment, i.e. working for an employer. This disregard is intended as an incentive to non-contributory pensioners to continue working, or to re-enter the workforce after reaching pension age. This disregard does not apply to income from any other sources. Income from sources other than employment, including pensions, is covered by the enhanced general means disregard of \30 per week which came into effect from January 2007. Increases in rates and other improvements in pensions over many years have been among the major achievements of the Government. Since 2002, the level of the State pension (non- contributory) has increased by over 58% from \134 to \212 following Budget 2008. This improvement has had a marked impact on the living standards of older people enabling them to face the future with a greater sense of security and dignity. This is shown most strikingly in the numbers of older people deemed to be at risk of poverty, measured on a relative income basis. The most recent figures from the EU Survey on Income and Living Conditions (SILC), which were published late last year, have confirmed the steady improvements of recent years. The risk of poverty rate for older people has fallen from just under 30% in 2003 to 13.6% in 2006. The fall last year was 6.5 percentage points from the previous year and this is before the significant improvement in social welfare pensions in 2007, and those announced in Budget 2008, are taken into account. Similarly, the consistent poverty rate has also fallen, from 3.7 to 2.1%, which means that the Government’s overall poverty reduction target set out in the National Action Plan for Social Inclusion has been achieved. The Government is determined to maintain and improve on the progress that has been made in improving pensioners’ incomes. It is committed to achieving a pension of at least \300 per week by 2012.

1010 Questions— 12 February 2008. Written Answers

Data Protection. 373. Deputy Leo Varadkar asked the Minister for Social and Family Affairs if he has been informed by any of the agencies attached to his Department, if those agencies have lost or had stolen from them any disks, laptops or memory storage devices containing personal information regarding members of the public; and if he will make a statement on the matter. [5080/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The five statutory bodies operating under the aegis of my Department are the Pensions Board, the Combat Poverty Agency, the Citizens Information Board (formerly Comhairle), the Family Support Agency and the Social Welfare Tribunal. In addition the Pensions Ombudsman comes under the remit of my Department. The Pensions Ombudsman’s Office had a laptop stolen in 2004, there has been no loss of any computer equipment from the other agencies. The stolen laptop was password protected and contained limited personal data. The laptop would not have been capable of accessing the Department’s databases.

Social Welfare Benefits. 374. Deputy Timmy Dooley asked the Minister for Social and Family Affairs if he will review the reduction in rent allowance payable to a person (details supplied) in County Clare. [5098/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The Health Service Executive has advised that following a review of the means of the person concerned, the amount of rent supplement payable was reduced on foot of income from maintenance payments. The Execu- tive has further advised that this decision was appealed to its designated appeals officer on 21st December 2007 but the original decision of the community welfare office was upheld on 29th January 2008. It is open to the person concerned to appeal this decision to the Chief Appeals Office of the Department of Social and Family Affairs.

Social Welfare Code. 375. Deputy James Reilly asked the Minister for Social and Family Affairs his views on whether the earnings limit which applies to some recipients of deserted wife’s benefit is a barrier to full time employment in view of the fact that many of these women will not qualify for a contributory State pension; if he will amend the legislation to allow women who exceed the earnings limit to re-qualify for deserted wife’s benefit at age 66 or earlier should their employment cease; and if he will make a statement on the matter. [5116/08]

376. Deputy James Reilly asked the Minister for Social and Family Affairs if a recipient of deserted wife’s benefit who transfers to one-parent family payment due to the increase in earnings limit on that payment, can re-qualify for deserted wife’s benefit if their earnings should drop below \20,000 per annum in the future; and if he will make a statement on the matter. [5117/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): I propose to take Questions Nos. 375 and 376 together. The deserted wife’s benefit (DWB) scheme was closed off to new applications with effect from 2 January 1997, when one-parent family payment (OFP) was introduced. Thereafter, both lone parents and deserted wives with qualified children are supported under the OFP, with the resultant increases in income limits being focused on the OFP scheme. Prior to 1992 there was

1011 Questions— 12 February 2008. Written Answers

[Deputy Martin Cullen.] no means test for DWB. One of the main reasons for the introduction of the earnings limit for the scheme was to more effectively target support on those deserted wives who required an additional supplement to their income until they were able to support themselves. This is consistent with other social insurance payments which seek to support claimants during short- term periods of unemployment and or illness. With the exception of those recipients of DWB who first claimed the payment prior to 31st August 1992, the only social insurance payments which are long-term in nature are to those people who are unable to return to work either through retirement or long-term disability or illness. The current income disregard of \20,000 was introduced in Budget 2007 and represented a substantial increase on the previous income disregard whereby recipients earning more than \12,697 per annum received a reduced payment and whereby claimants earning more than \17,776 lost entitlement to the payment. This new arrangement, in effect allows DWB recipients to earn up to \384 per week and still retain full entitlement to benefit of \197.80 per week. DWB recipients whose income goes over \20,000 per annum are also entitled to a half-rate transitional payment for 6 months. Once the claimant’s income goes over the \20,000 threshold, they can not re-qualify for deserted wife’s benefit. However, customers with qualified children who transferred from DWB to the one parent family payment, can revert to DWB when they reach 40 years of age and no longer have qualifying children. It is likely that most DWB recipients who are working would retain eligibility for contributory state pension, based on their social insurance contributions. Those who do not are entitled to apply for the non-contributory state pension.

377. Deputy Damien English asked the Minister for Social and Family Affairs the consideration he has given to raising the amount payable under the living alone increase; when the current rates payable were set; and if he will make a statement on the matter. [5176/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The living alone increase is an additional payment of \7.70 per week made to people aged 66 years or over who are in receipt of certain social welfare payments and who are living alone. It is also available to people who are under 66 years of age who are living alone and receiving payments under one of a number of invalidity type schemes. This additional payment is intended as a contribution towards the additional costs people face when they live alone. The payment was last increased in 1996. The policy in relation to support for pensioners has been, for many years, to give priority to increasing the personal rates of pension in addition to enhancing the Household Benefits Pack- age which includes T.V. Licence, Telephone, Electricity/Gas and the Fuel Allowance rather than supplements like the living alone increase. The objective is to use resources to improve the position of all pensioners to the fullest extent possible rather than focusing on particular groups. The results of this policy can be seen in the results from the EU Survey on Income and Living Conditions (SILC) released last November, which showed that the position of older people improved significantly from 2005 to 2006, with the ‘at risk of poverty’ rate falling from 20.1% to 13.6% and the consistent poverty rate falling from 3.7% to 2.1%. Furthermore, the number of people aged 65 and over ‘at risk of poverty’ was significantly lower than the figure of 17% for the general population. I will continue to keep the position under review.

Social Welfare Benefits. 378. Deputy Ro´ isı´n Shortall asked the Minister for Social and Family Affairs the number of

1012 Questions— 12 February 2008. Written Answers people in receipt of a local authority mortgage interest supplement in 2007; the number in receipt of private mortgage interest supplements in 2007; and the total expenditure on these schemes in 2007. [5265/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The following table sets out the number of recipients and expenditure on mortgage interest supplement in 2007.

Recipients and Expenditure(1) on Mortgage Interest Supplement and Local Authority Mortgage Interest Supplement, 2007

Private Mortgage Interest Supplement Local Authority Mortgage Interest Supplement

Year Recipients \000 Recipients \000

2007 3,712 11,620 399 575 (1) Provisional.

Departmental Programmes. 379. Deputy Ro´ isı´n Shortall asked the Minister for Social and Family Affairs the amount of funding provided for his Department’s DRIM project; and if he will make a statement on the matter. [5269/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The Document, Record and Information Management (DRIM) programme is a key part of my Department’s Modernis- ation Action Plan. The programme was initiated in 2005 to transform radically the way the business of the Department is carried out. The Department aims to have all documents, records and information easily accessible, usable and managed in a manner that satisfies all stakeholders. The intention is to eliminate paper, in so far as is possible, from both the claim and administrative processes and to capture, store, retrieve and process all files, records, etc. in electronic format. To date, approximately \160,000 has been spent on the programme. Pro- vision has been made in the estimates for 2008 for expenditure in the region of \2 million to progress the programme further.

Departmental Agencies. 380. Deputy Ro´ isı´n Shortall asked the Minister for Social and Family Affairs the 2007 data from the MABSIS system in relation to the number of new clients, the number and percentage of new clients on social welfare and by type of payment, the number and percentage of new clients earning a wage, client profile by tenure type, the total debt owed by new clients when they first presented to MABS with a breakdown by creditor type and the average debt owed by new clients when they first presented to MABS. [5270/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): During 2007, the Money Advice and Budgeting Service (MABS) provided services to 12,433 new clients. In addition, 2,643 people sought information about budgeting and money management. The MABS National Helpline, which was launched on 4th October 2007, dealt with some 1,700 calls. The majority of clients were on social welfare payments (57%), the highest numbers being 2,455 (20%) who were in receipt of the one parent family payment, 1,800 (14%) who were in receipt of jobseekers payments and 1,762 (14%) in receipt of illness/disability payments. Some 29% of clients were in receipt of wages and just under 3% were self-employed. 1013 Questions— 12 February 2008. Written Answers

[Deputy Martin Cullen.]

Clients mostly lived in rented accommodation, with 30% living in private rented accommodation and 26% in rented local authority accommodation. People with mortgages made up 20% of new clients and 7% lived with parents. The average amount owed by new clients in 2007, to creditors, based on the debt they had when they first came to the MABS amounted to \7,600; of this total \94.6 million indebtedness 55% was owed to banks/financial institutions, 19% was owed to credit unions, 6% was owed in respect of utilities bills and 2% was owed to moneylenders.

Social Welfare Appeals. 381. Deputy Ro´ isı´n Shortall asked the Minister for Social and Family Affairs the number of appeals made in 2007 with a breakdown by payment type; and the outcome of the appeal. [5271/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): I am advised by the Social Welfare Appeals Office that the statistics requested by the Deputy in respect of 2007 are being processed for inclusion in the annual report of the Chief Appeals Officer which is currently being compiled for publication shortly.

Customer Service Targets. 382. Deputy Ro´ isı´n Shortall asked the Minister for Social and Family Affairs the customer service targets for his Department and the percentage of these that were met in 2007. [5272/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): My Department has adopted challenging customer service targets particularly in relation to the timescales for the processing of claims. The following tabular statement sets out the various customer service targets and the performance figures for the 2007 year. The claim processing targets refer only to new and repeat claims and do not reflect the significant amount of work involved in dealing with changes to current claims e.g. to amend entitlement where a person’s circumstances have changed. The time taken to process a claim is measured by calculating the elapsed time from the date the claim is made until the date of decision. However, no account is taken of the many factors outside my Department’s control which can impinge on the time it takes to make a decision e.g. the supply of relevant information by the customer, employers, other third parties or the provision of medical reports. My Department is committed to ensuring that applications are processed and that decisions on entitlement are issued as expeditiously as possible having regard to the eligibility conditions that apply. These conditions vary from scheme to scheme and may include establishment of a customer’s social insurance record, the provision of medical evidence, verification of identity, satisfying residency conditions and an assessment of means where appropriate.

1014 Questions— 12 February 2008. Written Answers Processed (2) Context Performance Achieved Volume Claims (1) seconds 55% in 6 weeks80% in 5 weeks85% in 9 weeks70% in 7 weeks80% in 3 weeks80% in 46% 3 Achieved weeks 47% Achieved85% in 58% 2 Achieved weeks 14,00070% in 81% 2 Achieved weeks 14,000 96% Achieved 72% Achieved 25,101 12,685 10,80090% in 1 week 88,080 18,000 66% Achieved 12,120 6,300 108,456 49% Achieved 9,617 6,666 120,000 64% 120,000 Achieved 154,607 77,193 168,000 188,553 DSFA Performance Standards 2007 (3) (3) (4) (3) Activity Performance Standard (3) (3) (4) (4) (3) Performance Standard to clearVolume new Context: claims Annual was volume fromProvisional that date figures. scheme of sections receipt can toVolume reasonably date context be of figure expected award. relates to only clear. to award cases. State Pension (Contributory) State Pension (Transitional) Widow(er)’s Contributory PensionState Pension (Non-Contributory)Widow(er)’s (Non-Contributory) Pension & OneOne-Parent Parent Family Family — Payment (Local (Widow) OfficeFree based) Telephone/Electricity Allowance 75% in 8Bereavement weeks Grant (Social Welfare ServicesBereavement Office Grant Sligo) (Social Welfare ServicesInvalidity Office Pension Longford) Family Income SupplementDisability AllowanceCarer’s AllowanceJobseeker’s Benefit Jobseeker’s Assistance 69% AchievedIllness BenefitOccupational Injury 80% Benefit in — 5 Interim weeksMaternity Illness Benefit Benefit 65% in 8Treatment weeks BenefitChild Benefit Telephone Service 1,920Replies to Public RepresentativesIssue of Contribution history Records 1,059 Issue to of customers PPSN numbers to 80%Decisions Tax Achieved on & Insurability Probate of Offices Employment 59% 85%Notes Achieved in for 1 70% Information week(1) in 3 weeks(2) 70% in(3) 9 weeks(4) 70% in 9 weeks 8,520 70% in 9 weeks 11,520 60% in 7,799 5 days 11,894 84% Achieved 17% 90% Achieved in 1 70% week in 5 days 80% before 68% commencement Achieved of 80% benefit 90% within in 3 2 working weeks 20% weeks Achieved 55% in 70% 13 Achieved weeks aiming to 34% answer Achieved all calls within 30 18,000 18,000 71% Achieved 7,500 N/A 10.4 seconds 14,380 12,000 32,278 81% Achieved 27,960 100% Achieved 6,000 87% 7,960 Achieved 18,959 65% Achieved 44,425 4,800 13,918 4,200,000 200,040 48,000 4,808,362 684,000 4,958 3,600 302,285 1,200 19,767 940,869 12,951 1,437

1015 Questions— 12 February 2008. Written Answers

Social Welfare Benefits. 383. Deputy Ro´ isı´n Shortall asked the Minister for Social and Family Affairs the number of landlords of Irish properties in 2006 and 2007 who were living outside Ireland and receiving payments for rent supplement; and the total amount paid to them in each of these years. [5273/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): Rent supplement is administered on my behalf by the Health Service Executive (HSE), as part of the supplementary welfare allowance scheme. The purpose of the rent supplement scheme is to provide short- term income support to eligible people living in private rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. The tenant makes the application for payment and the rent supplement payment is made to the tenant in most cases. The following table shows the value of rent supplement payments made to tenants whose landlords live outside the state represents no more than 1% of total expenditure on rent supplement in 2006 and 2007. The value of rent supplement payments nominated by tenants to be paid directly to landlords living abroad, represents about one quarter of 1% of all rent supplement payments. The Department has given details of landlords living outside the state to the Revenue Commissioners, where rent payments were made directly to these landlords in 2006. This information should facilitate the Revenue Commissioners in pursuing relevant enquiries as to the tax compliance position of the landlords in question. Details for 2007 will be provided to the Revenue Commissioners in due course as part of the Department’s annual provision of information to the revenue commissioners.

Rent Supplement paid in respect of tenancies, in 2006 and 2007, where Landlord is living outside the state

Year Tenants Receiving Estimated Landlords Living Estimated Rent Supplement Expenditure Outside State Expenditure where Landlord Nominated to Lives Outside State Receive Rent Payments

2006 922 \3.5 m 107 * \930,260 2007 936 \4.1 m 127 ** \938,898 * In respect of 148 tenancies. ** In respect of 149 tenancies.

Social Welfare Code. 384. Deputy Denis Naughten asked the Minister for Social and Family Affairs his plans to review the conditions on the back to education allowance; and if he will make a statement on the matter. [4796/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The back to education allowance (BTEA) is an educational opportunities scheme for unemployed people, lone parents and people with disabilities in receipt of particular payments from my Department. It affords them the opportunity to undertake approved second or third level courses of education to improve their skills and qualification and, therefore their prospects of returning to the active work force. The objective of the scheme is to enhance the employability skills of vulnerable groups who are distant from the labour market. It is paid at a standard weekly rate equivalent to the maximum personal rate of the relevant a social welfare payment that qualifies the applicant for participation in the scheme. Increases for qualified adult and child dependants are also 1016 Questions— 12 February 2008. Written Answers payable, where appropriate. It addition an annual cost of education allowance of \400 is payable. For the 2008/09 academic year this allowance will be \500. The current scheme has been subject to review and modification over the years to ensure it continues to support those people who are most distant from the labour market and whose need is greatest. The number of people availing of the scheme is at its highest ever level, with more than 8,000 participating at present. I am satisfied that overall, the current arrangements applying to the back to education allowance scheme meet the objectives of the scheme and ensure that resources are targeted at those who are most in need. Any further changes to the scheme would need to be considered in a budgetary context and in the light of the resources available for improvements in social welfare generally.

Pension Provisions. 385. Deputy Denis Naughten asked the Minister for Social and Family Affairs his plans to extend the homemakers credit beyond 1994; and if he will make a statement on the matter. [4795/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The social welfare pension rights of those who take time out of the workforce for caring duties are protected by the Homemaker’s scheme which was introduced in and took effect from 1994. The scheme allows up to 20 years spent caring for children or incapacitated adults to be disregarded when a person’s social insurance record is being averaged for pension purposes. However, the scheme will not of itself qualify a person for a pension. The standard qualifying conditions, which require a person to enter insurance 10 years before pension age, pay a minimum of 260 contributions at the correct rate and achieve a yearly average of at least 10 contributions on their record from the time they enter insurance until they reach pension age, must also be satisfied. The minimum paid contributions required will increase to 520 in 2012. These conditions are designed to ensure that those qualifying for pensions have had an adequate and sustained commitment to the social insurance system as well as to uphold the contributory principle that underpins the qualifying conditions for all social insurance payments. While there are no plans to alter these arrangements in the immediate term, the operation of this scheme is subject to review in the context of the Green Paper on Pensions, with particular regard being paid to the operative date of the scheme and the use of credits for pension purposes rather than the current system of disregards. A consultation process on the Green Paper is now underway and will remain open until mid 2008. The Government will respond to the process by publishing a framework for future pensions policy and I expect that this will happen towards the end of the year. It should also be noted that people of working age who are no longer liable for PRSI contributions may opt to protect their pension entitlements by applying to become a voluntary con- tributor. In order to be admitted to the voluntary contributions scheme, a person must have a minimum of 260 weeks of PRSI paid in either employment or self-employment and apply within 12 months of the end of the tax year during which they last paid PRSI or had a PRSI credited contribution. The requirement to have 260 paid contributions to gain access to the scheme is essential in that it ensures that the requisite minimum number of paid contributions required is in place to establish a contributory pension entitlement.

Departmental Staff. 386. Deputy Phil Hogan asked the Minister for Social and Family Affairs if persons have been dismissed from the Civil Service since the provisions of the Civil Service Regulation Act

1017 Questions— 12 February 2008. Written Answers

[Deputy Phil Hogan.] 2005 were introduced; the number and grade of the persons concerned; and if he will make a statement on the matter. [5666/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): Ten staff have been dismissed from my Department under the provisions of the Civil Service Regulation Act Amendment 2005 as follows:

• 2 Service Attendants

• 1 Service Officer

• 1 Executive Officer

• 6 Clerical Officers.

Three of the above were officers on probationary contracts.

Departmental Expenditure. 387. Deputy Phil Hogan asked the Minister for Social and Family Affairs the amount paid to civil servants by way of travel, subsistence or overnight allowances or payments for each of the years 2002 to the end of 2007; and if he will make a statement on the matter. [5680/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): Arising from the dispersed nature of my Department’s services based nationwide and the fact that a considerable level of investigative work must be carried out in the course of delivering the Department’s services. A relatively high level of travel expenditure is incurred annually in my Department’s administrative budget. Details of domestic and foreign travel, subsistence — which includes overnight rates — and delegates allowance payments for 2002 to 2007 are listed in the following table. These payments are made in accordance with Department of Finance guidelines. The figures in the table differ from the A.2 Travel and Subsistence published Appropriation Account figures as this subhead includes payments to members of the public attending appeals hearings and medical referee assessments.

Year Travel Subsistence Delegates Allowance

\\\

2002 2,591,302 1,701,719 26,553 2003 2,033,429 1,452,986 22427 2004 2,296,583 1,433,170 35,133 2005 2,272,792 1,441,720 15,563 2006 2,265,446 1,458,628 31,094 2007 (provisional) 2,431,343 1,732,199 31,565

National Drugs Strategy. 388. Deputy Catherine Byrne asked the Minister for Community, Rural and Gaeltacht Affairs if an evaluation of the national drugs strategy 2001 to 2008, outlining both its merits and shortcomings, will be carried out; and if he will make a statement on the matter. [4557/08] 1018 Questions— 12 February 2008. Written Answers

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy Pat Carey): My Department has commenced work on the development of the new National Drugs Strategy for the period 2009 — 2016. A Steering Group has been established to oversee the development of the Strategy and the first meeting of that Group was held on 10 January. The Group includes representatives from the key statutory, community and voluntary interests involved in tackling problem drug use. Part of the work of developing a new Strategy will involve a review of the current Strategy. In that regard, the Terms of Reference for the Steering Group include the following:

• examining the progress and impact of the National Drugs Strategy 2001-2008 across the five pillars of supply reduction, prevention, treatment, rehabilitation and research in the context of the objectives, key performance indicators and actions set out therein;

• examining the relevance of the existing Strategy in tackling the current nature and extent of problem drug use in Ireland, including emerging trends and cross-cutting issues;

• identifying any gaps presenting and indicating how they might be addressed; and

• reviewing the operational effectiveness of the structures of the Drugs Strategy, including co-ordination mechanisms.

Decentralisation Programme. 389. Deputy Enda Kenny asked the Minister for Community, Rural and Gaeltacht Affairs the timescale involved for decentralisation of his Department to Knock and Charlestown; and if he will make a statement on the matter. [4604/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): It was originally planned that my Department’s headquarters would relocate to Knock Airport, Co. Mayo, but An Bord Pleana´la refused planning permission for that location. In July 2007 the Govern- ment decided on Charlestown, Co. Mayo, as the new location for my Department’s headquarters. The Office of Public Works is in negotiations for the purchase of a site at that location and it is not possible at this juncture to say precisely when the new headquarters will be ready. In the meantime, 76 of the 140 staff of my Department originally due to relocate to Co. Mayo have transferred to an interim location in Tubbercurry, Co. Sligo. It is planned to increase the number at the interim location to just over 100 from March 2008.

Departmental Staff. 390. Deputy Arthur Morgan asked the Minister for Community, Rural and Gaeltacht Affairs the number of agency workers employed by his Department and by State agencies which fall under the auspices of his Department. [4781/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): No agency workers are employed by my Department. The position in relation to state agencies within the remit of my Department is as follows: Waterways Ireland have 11 agency staff in employment. 1 person is employed in the South and 10 are employed in the North.POBAL currently has 2 agency staff in their employment. These staff typically cover temporary peaks in work or take on a specific short-term task.National Advisory Committee on Drugs employs 3 agency staffN- ational Drugs Strategy Team employs 2.5 agency staff.

Ferry Services. 391. Deputy Joanna Tuffy asked the Minister for Community, Rural and Gaeltacht Affairs

1019 Questions— 12 February 2008. Written Answers

[Deputy Joanna Tuffy.] the steps being taken to ensure that there is a ferry service to Cape Clear, Cork; and if he will make a statement on the matter. [4945/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): My Depart- ment currently has a contract in place with Tithe Saoire Chle´ire Teo to provide a passenger and cargo service to Cle´ire for the period 1 March 2007 to 29 February 2012.

Data Protection. 392. Deputy Leo Varadkar asked the Minister for Community, Rural and Gaeltacht Affairs if disks, laptops or memory storage devices containing personal information about members of the public have been lost or stolen from his Department; and if he will make a statement on the matter. [4999/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): While 1 laptop and 2 memory sticks have been either lost or stolen in recent years, I understand that no personal information about members of the public was contained on these devices.

393. Deputy Leo Varadkar asked the Minister for Community, Rural and Gaeltacht Affairs if he has been informed by any of the agencies attached to his Department, if those agencies have lost or had stolen from them any disks, laptops or memory storage devices containing personal information regarding members of the public; and if he will make a statement on the matter. [5071/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I refer the Deputy to my reply to parliamentary question 789 of the 30th January 2008. I can confirm that I have not been informed by any of the agencies that come within the ambit of my Department that they have lost or had stolen from them any disks, laptops or memory storage devices containing personal information regarding members of the public.

Calafoirt agus Ceánna. 394. D’fhiafraigh Deputy Eamon Gilmore den Aire Gno´ thaı´ Pobail, Tuaithe agus Gaeltachta cad e´ an dul chun cinn ata´ deánta leis an obair feabhsu´ chaín ar an che´ ag Rannaigh, Oileań A´ rainn Mho´ r, Contae Dhu´ n na nGall agus le fad a chur leis an che´ sin. [5100/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): Ta´ an t- iarratas ata´ faighte ag mo Roinn o´ Chomhairle Contae Dhu´ n na nGall maidir le comhairleoirı´ innealto´ ireachta a cheapadh i ndaíl leis an togra seo a´ mheas faoi la´thair i gcomhtheács an tsola´thair ata´ ar faíl dom le caitheamh ar fhorbairt oileańda i 2008 agus na n-eíleamh eágsu´ la ar an sola´thar sin.

Greásań Boithre. 395. D’fhiafraigh Deputy Eamon Gilmore den Aire Gno´ thaı´ Pobail, Tuaithe agus Gaeltachta maidir leis an drochstaid ata´ ar an bho´ thar reígiu´ nach go hAerfort Dhu´ n na nGall, an mbeidh deontas a´ cheadu´ don phıósa den bho´ thar seo idir Mıń na Leice agus Loch na nDeorań. [5101/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): Ta´ os cionn \2 mhilliu´ n ceadaithe ag mo Roinnse i gcomhar an bho´ thair seo le trı´ bliana anuas. Deánfar an ca´s maidir le hairgead breise ina leith a mheas i gcomhtheács riachtanas na hoibre, eíleamh eile ar laímh agus an tsola´thair airgid ata´ ar faíl do mo Roinn chun caitheamh ar oibreacha

1020 Questions— 12 February 2008. Written Answers mar seo. Agus e´ sin ra´ite, nı´ miste a lua, mar a chuir me´ in iu´ l don Teachta mar fhreagra ar Cheist Da´la Uimhir 364 ar 31 Deireadh Fo´ mhair 2007, ta´ an phrı´omhfhreagracht maidir leis an mbo´ thar seo ar Chomhairle Contae Dhu´ n na nGall.

National Drugs Strategy. 396. Deputy Aengus O´ Snodaigh asked the Minister for Community, Rural and Gaeltacht Affairs the drug treatment and support services in receipt of public money in Waterford. [5172/08]

397. Deputy Aengus O´ Snodaigh asked the Minister for Community, Rural and Gaeltacht Affairs if he will make a statement detailing the breakdown of funding to drug treatment and support services in Waterford each year for the past five years. [5173/08]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy Pat Carey): I propose to take Questions Nos. 396 and 397 together. As the Deputy is aware, under the Health Act 2004 the management and delivery of health and personal social services is the responsibility of the Health Service Executive (HSE). The HSE, therefore, has statutory responsibility for the provision of drug treatment services. The majority of expenditure by my Department for drugs initiatives is channelled through 14 Local Drugs Task Forces (LDTFs), 10 Regional Drugs Task Forces (RDTFs) and 18 urban areas included under the Young People’s Facilities and Services Fund (YPFSF). The South East RDTF covers Carlow, Kilkenny, Tipperary SR, Waterford and Wexford. Specific allocations are not made on a county basis, rather each RDTF produced a strategic plan to deal with problem drug use for the region involved. With regard to Co. Waterford, under the South East RDTF action plan allocations have been approved to date in 2008 for 7 Education & Prevention projects and 2 Treatment & Rehabilitation projects specifically relating to the county. Details of the 2008 allocations are contained in Appendix 1, as well as of expenditure from 2005 to 2007 on such projects in Waterford. Funding commenced in 2005 with the start of the implementation of the action plan for the region. Some of the other South East RDTF projects would provide benefit broadly across the whole region, including Waterford. Allocations to Waterford over the past five years under the Young People’s Facilities and Services Fund (YPFSF) are shown in Appendices 2 and 3.

Appendix 1

Task Force Funding

Project Project Name 2005 2006 2007 Budget Type Exp. Exp. Exp. 2008

E&P Southside Youth Arts Project, Waterford City 2,500 2,040 4,466 4,680 E&P Facilitation Training Programme, Waterford City 2,000 1,850 2,602 4,600 E&P Ballybeg Community Drug Awareness Week, Waterford City 3,700 4,250 4,750 8,350 E&P Young Persons Guide to Survival: Drugs and Decision making, Ballybeg 1,000 1,250 — 2,250 E&P County Waterford Community Based Drugs Initiative, Waterford City 11,390 38,610 34,503 50,000 E&P Inner City Ferrybank Community Based Drugs Initiative, Waterford City 12,500 37,843 19,591 50,333

1021 Questions— 12 February 2008. Written Answers

[Deputy Pat Carey.] Project Project Name 2005 2006 2007 Budget Type Exp. Exp. Exp. 2008

E&P Waterford Community Drugs Network, Waterford City 1,000 1,450 — 1,683 T&R Extension to County Waterford Frontline Project, Waterford City 4,000 24,065 12,041 28,065 T&R Outreach Worker — Waterford, Waterford City — 44,105 20,179 50,000 T&R FAS CE Scheme Waterford. Lisduggan — — 6,000 —

Total 38,090 155,463 104,132 199,961

Appendix 2

Young People’s Facilities and Services Fund (YPFSF)

Current

Project Exp. Exp. Exp. Exp. 2008* 2004 2005 2006 2007

\m \m \m \m \m Innercity Community Youth Project 0.052 0.053 0.058 0.059 0.062 Farran Park Community Youth Project 0.052 0.053 0.058 0.059 0.062 Frontline Project 0.052 0.053 0.057 0.059 0.062 Ferrybank Drugs Prevention Project 0.052 0.053 0.057 0.059 0.062 Evaluation 0.006 ———— Administration 0.034 0.035 0.037 0.042 0.045 Small Grants Fund 0.035 0.035 0.035 0.035 0.037 Gracedieu/Logloss & HillviewYouth Project — — — 0.059 0.062 Ferrybank Drugs Prevention Project — — — 0.059 0.062 Axis Programme Ballybeg — — — 0.030 0.031 Larchville/Lisduggan Youth Project — — — 0.030 0.031 Waterford Inner City DramaWorkshops — — — 0.007 0.007 Farronshoneen Youth &Community Centre ————0.341

Total 0.283 0.282 0.302 0.498 0.865 *estimated.

Appendix 3

Young People’s Facilities and Services Fund (YPFSF)

Capital

Project Exp. Exp. Exp. Exp. 2004 2005 2006 2007 2008*

\\\\

Farronshoneen Youth &Community Resource Centre — — 0.200 0.653 — Ferrybank Football Club — — 0.100 — — Children’s Group Link — — 0.027 — — Waterford Regional YouthService Manor Street Centre — — 0.385 0.335 —

1022 Questions— 12 February 2008. Written Answers

Project Exp. Exp. Exp. Exp. 2004 2005 2006 2007 2008* \\\\ St. Saviour’s F.C. & SavioursCrystal Boxing Club — — 0.055 — — Ferrybank Drugs PreventionProject — — 0.003 — — Sacred Heart Youth Resource Centre — — 0.000 0.100 0.446

Total — — 0.770 1.088 0.446 *estimated.

Community Development. 398. Deputy Willie Penrose asked the Minister for Community, Rural and Gaeltacht Affairs the amount of money allocated to the community services programme operated by Pobal on behalf of his Department; if, in this context his attention has been drawn to the fact that some of the applicants for this grant have to undertake the preparation of a significant volume of detailed paperwork which imposes a significant burden on the recipients of such grants in terms of financial projections, recruitment policies, financing policies, quarterly financial returns and financial reserve policies; if he will review this level of requirement which could serve as a deterrent to any person setting up a partly-funded community-based venture; and if he will make a statement on the matter. [5294/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): The Com- munity Services Programme has been operated by my Department since 1 January 2006. Since that date, more than \84 million has been disbursed by my Department to support approx 330 community projects throughout the country. On behalf of my Department, Pobal assess any applications for funding and review the projects that receive grants. The assessment and review process carried out by Pobal is to ensure that reporting on the projects funded complies with accountability for public funds and has a genuine positive impact on the communities involved. Pobal hosts information seminars and provides ongoing advice to groups applying to and involved in the scheme. I have been concerned to ensure that the scheme is administered in as simple and accessible a way as possible, while maintaining good practices and in this regard I met with executives of Pobal recently. I asked them to review and if necessary to amend procedures to minimise the administrative burden on community groups while maintaining accountability requirements.

Departmental Staff. 399. Deputy Phil Hogan asked the Minister for Community, Rural and Gaeltacht Affairs if persons have been dismissed from the Civil Service since the provisions of the Civil Service Regulation Act 2005 were introduced; the number and grade of the persons concerned; and if he will make a statement on the matter. [5658/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): No persons have been dismissed from my Department since the provisions of the Civil Service Regulation Act 2005 were introduced.

Departmental Expenditure. 400. Deputy Phil Hogan asked the Minister for Community, Rural and Gaeltacht Affairs the amount paid to civil servants by way of travel, subsistence or overnight allowances or payments 1023 Questions— 12 February 2008. Written Answers

[Deputy Phil Hogan.] for each of the years 2002 to the end of 2007; and if he will make a statement on the matter. [5672/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): As the Deputy will be aware my Department was established in June 2002 and payments in respect of travel and subsistence to civil servants in my Department are reflected in the following table. I should mention that the 2002 figures include travel and subsistence expenditure for the former Department of Arts, Heritage, Gaeltacht and the Islands. Also the 2002 and 2003 figures, based on a previous financial management system, include ministerial payments.

Year Amount (\000)

2002 1,496 2003 679 2004 733 2005 611 2006 734 2007 748 (Provisional Outturn)

Harbours and Piers. 401. Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food when the grant will issue for a project (details supplied) in County Mayo. [4702/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): Kilcummin Pier is owned by Mayo County Council and responsibility for its repair and maintenance rests with the Local Authority in the first instance. However, in late 2007, my Department invited Mayo County Council to submit its proposals for inclusion in the Fishery Harbours & Coastal Infra- structure Development Programme for 2008. An application for funding for a new slipway and hard standing area at Kilcummin Pier was included in the submission received from Mayo County Council. The project is expected to cost \200,000. The Fishery Harbours & Coastal Infrastructure Development Programme for 2008 is currently being finalised and the application from Mayo County Council will be given due consideration subject to the availability of Exchequer funding and overall national priorities.

Food Industry. 402. Deputy Phil Hogan asked the Minister for Agriculture, Fisheries and Food if she will ensure that the \50 million fund available through Enterprise Ireland for the restructuring of the beef industry will not be utilised for the rationalisation of that industry; the action she will take to ensure the reopening of a plant (details supplied) in County Kilkenny; and if she will make a statement on the matter. [4753/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): In keeping with commitments given in the Agri-Vision 2015 Action Plan, I have put in place a Capital Investment Scheme, totalling \50 million, for the beef and sheepmeat processing sectors. This grant assistance, which should trigger investment of some \120 million, is indicative of my commitment to the continued development of a modern, competitive, innovative and market-focused food industry. I cannot, however, dictate actions in relation to individual plants. That remains the prerogative of the meat companies themselves. 1024 Questions— 12 February 2008. Written Answers

The Capital Investment Scheme will make financial assistance available towards the cost of the construction and acquisition of buildings, new machinery and equipment. It will, consequently, assist the industry in improving efficiency and competitiveness and in so doing, not only strengthen primary processing but also underpin agricultural incomes. It is not intended that rationalisation costs will be grant aided under the Fund.

Foreshore Licences. 403. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a foreshore licence will be issued (details supplied). [5209/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): An application was made to my Department by Mayo County Council on 30 May 2007 for a foreshore lease to facilitate construction of a slipway at Kilcummin, Co. Mayo. The application was circulated to the Department’s consultees for assessment and comment. The Development Applications Unit of the Department of the Environment, Heritage and Local Government has requested that a full underwater archaeological assessment of the area be carried out. This request has been communicated to Mayo County Council. The archaeological assessment will require examination and approval by the Department of the Environment, Heritage and Local Govern- ment. Responses are also awaited from the Valuation Office and my Department’s Engineering Division. As soon as the necessary information becomes available, every effort will be made to finalise the lease.

Grant Payments. 404. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive their disadvantaged area scheme payment for 2007, in view of the fact that evidence of their REP scheme stocking levels has been submitted to address the stocking density issue. [4482/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 26 April 2007. One of the primary requirements of the Disadvantaged Areas Scheme is that applicants maintain a minimum stocking density on their holding of 0.15 livestock units per forage hectare declared for at least three consecutive months. However, where the holding of an applicant is identified as not meeting this minimum requirement, the person in question is invited to submit evidence of satisfactory stocking, i.e. Flock Register, Horse Passports, or details of a REPS or Commonage Framework Plan, which provides for a lower stocking level. The person named was written to and invited to submit appropriate evidence of the number of sheep maintained on the farm. The REPS Plan and the Commonage Framework Plan were submitted and have been examined. My Department has reviewed this case on foot of a submission with supporting documentation made by the applicant’s consultant, and has decided that payment can issue in this case. It is expected that payment will issue shortly to the person named.

Land Division. 405. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the position regarding the division of lands in a town-land (details supplied) in County Mayo; the way that land was divided; and if she will make a statement on the matter. [4483/08]

1025 Questions— 12 February 2008. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): My Department has been in contact with the person named in the question. However, the exact nature of the issue involved is not as yet clear to my staff. It appears to relate to a Vesting Order completed in 1988 where plots were surrendered and exchanged. If the person named sets out the exact nature of his query in writing to my staff at Government Buildings, Farnham Street, Cavan, it will be considered and I will then be in a position to communicate further with the Deputy.

Rendering Industry. 406. Deputy Martin Mansergh asked the Minister for Agriculture, Fisheries and Food the names and number of rendering plants in operation within the State; the categories of material they are licensed to process; the volumes of materials in both categories handled in the most recent years for which statistics are available; the retrospective proportions of fallen animals and animal by-products treated; the volumes handled by each plant under the destruct scheme; and the amount of materials exported and imported for rendering in recent years. [4492/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): There are nine rendering plants, approved in accordance with the Animal By-Products (ABP) Regulation (EC) 1774 of 2002, operating within the State. Five of these plants are approved to process Category 1 (and Category 2) material and the remaining four are approved to process lower risk Category 3 material, as defined in the Regulation. Details of these plants, along with the category of material each plant is approved to process, are contained in the following table:

List of Processing Plants Approved in Accordance with Regulation (EC) 1774 of 2002

Approval Number Name of Plant Category of material which premises is approved to process

R910 Dublin Products Category 1 R911 College Proteins Ltd. Category 1 R914 Munster Proteins Category 3 R915 Premier Proteins Category 1 R917 Slaney Proteins Category 3 R918 Western Proteins Category 3 R919 Waterford Proteins Category 1 R921 Farragh Proteins Category 3 R922 Ecosafe Systems Ltd. Category 1

The volumes of Category 1 and Category 3 raw material being processed by the rendering plants, with a breakdown between fallen animals and other ABP material, for the years 2005 to 2007 inclusive, are shown in the table below.

Raw Material Intake (tonnes)

Category 1 Category 3 Total % Fallen % Other ABP Animals

2005 333,962.41 211,590.74 545,553.15 12.7 87.3 2006 367,217.44 196,797.96 564,015.40 13.8 86.2 2007 344,306.65 205,575.69 549,882.34 12.3 87.7

With regard to trade in ABP material for rendering, while a limited amount of material for rendering is being imported from the North, statistics on this trade are not available. The 1026 Questions— 12 February 2008. Written Answers following table shows the amounts of material being exported to the North during the past three years.

Material Exports to Northern Ireland for Rendering

Category 1 and 2 (Tonnes) Category 3 (Tonnes) Total (Tonnes)

2005 9,893.03 10,603.08 20,496.11 2006 15,372.62 26,609.03 41,981.65 2007 24,906.88 23,309.20 48,216.08

With regard to the Purchase for Destruction scheme which operated between January 2001 and June 2001, the rendering of 278,000 animals weighing 83,389 tonnes was carried out by 7 plants, viz: Monery By-Products, Munster Proteins, National By-Products, Premier Proteins, Slaney Proteins, Western Proteins and Ronans. The total cost of this scheme was \29.1million.

Grant Payments. 407. Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the reason the total 2007 single farm payment has not been granted to a person (details supplied) in County Galway; and if she will make a statement on the matter. [4497/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): An application was received under the 2005 Single Payment Scheme year requesting the transfer of 17.88 standard entitlements by way of lease from the second person named to the first person named. This application was successfully processed and full payment issued on foot of the leased entitlements to the first person named for the Scheme years 2005 and 2006. The lease in question had an expiry date of 27 April 2007 and the entitlements in question automatically reverted to the second person named on that date. Consequently they were not available to the first person named for the 2007 Scheme year. The Transfer of Entitlements section of my Department did not receive an application from either of the persons named requesting a transfer of entitlements under the 2007 Scheme year by way of a new lease agreement. The closing date for receipt of 2007 Transfer of Entitlement applications was 15th May 2007. An official from my Department has been in touch with the first person named to establish if force majeure circumstances may be applied to a late application for this case.

408. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if an application has been received for a person (details supplied) in County Mayo; if this application has been accepted; and when this application will be processed. [4510/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The person concerned is an applicant under the Farm Improvement Scheme. Applications under this Scheme are being processed by my Department up to the level of funding provided for the Scheme in the 2006 partnership agreement, Towards 2016. The application concerned is, therefore, eligible for consideration and will be processed subject to funding still being available at that time.

Alternative Energy Projects. 409. Deputy Ulick Burke asked the Minister for Agriculture, Fisheries and Food if she has instructed her Department and the semi-state bodies responsible to her Department to promote and facilitate the development of indigenous green energy projects in all practical circumstances; and if she will make a statement on the matter. [4535/08] 1027 Questions— 12 February 2008. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): My Department and the agencies under its remit are involved in various initiatives for the promotion and development of indigenous green energy projects. In 2007 a new wood-fired heating system was installed in the offices at Johnstown Castle, Wexford, as an alternative to fossil fuel. This provides all office and water heating. In relation to Animal By-Products (ABP), the policy of my Department is to encourage alternative commercially viable uses of such products in Ireland. In June 2006, I introduced the Scheme of Investment Aid for Demonstration On-Farm Waste Processing Facilities, which provided grant-aid for up to 10 projects throughout the State for the introduction or development of on-farm waste processing facilities such as anaerobic/aerobic digestion and fluidised bed combustion systems. The criteria for selection of projects included the potential of the proposed project for the creation of a renewable energy source. The total Exchequer commitment to the Scheme is \4 million, which is provided for in the National Development Plan 2000-2006. In that context, I am also pleased to note that my colleague the Minister for Communications, Energy and Natural Resources has recently announced the availability of grants for Anaerobic Digestion (AD) driven Combined Heat and Power (CHP) Units; and an increase in the guaranteed Renewable Energy Feed in Tariff (REFIT) price for AD electricity to \120 per MWH. A significant amount of meat and bone meal (MBM) is being used as a fuel in the cement industry. This has reduced the amount of coal that would otherwise be imported by that industry. I am also aware of proposals to use MBM in the generation of electricity. There is a growing interest in using biomass including MBM as a carbon neutral co-fuel in peat-burning electricity plants. Promoting the increased use of MBM would deliver financial benefits for the industries involved, reduce disposal costs and represent a significant bioenergy contribution from agriculture. In the recent ‘National Bioenergy Action Plan’ the Government has targeted 30% co-firing in peat stations by 2015. My Department has had discussions with a number of investors regarding the planned establishment of biodiesel plants, which would use tallow as a feedstock, including a number of operators granted excise relief under the Biofuels Scheme II (which is administered by the Department of Communications, Energy and Natural Resources). Planning permission has been obtained and development work is well underway in some instances. Wood energy has a key role to play in achieving the Government targets for renewable energy as set out in the White Paper, ‘Delivering a Sustainable Energy Future for Ireland’. My Department actively encourages the development of the wood-energy sector through a range of support measures. A capital grant scheme to support emerging enterprises in the wood chip supply sector was launched in 2007. The Wood Biomass Harvesting Machinery Grant Scheme grant aids the purchase of medium-scale wood chippers and self-contained chippers by providing up to 40% of the purchase price of this equipment. The specialized harvesting capacity created will have a significant impact in assisting developing enterprises in the wood chip supply sector while complementing the Reheat Scheme operated by Sustainable Energy Ireland. My Department has also supported a number of wood energy pilot projects, which aim to develop models of best practice for wood supply and to encourage increased use of wood fuel, primarily in the form of woodchip. Examples of the pilot projects being funded include the County Clare Wood Energy Project and the Forest Link project in Donegal. Energy has been targeted as a key development area for the Coillte Group. Significant progress continues to be made with regard to advancing wind farm developments on Coillte’s property and a comprehensive examination of Coillte’s biomass energy potential has commenced. COFORD, the National Council for Forest Research and Development, which is

1028 Questions— 12 February 2008. Written Answers wholly funded by my Department, in association with Teagasc, has been to the fore in promoting green energy projects through the Forest Energy Programmes. COFORD hosts and man- ages a website (www.woodenergy.ie) dedicated to providing factual information on using wood biomass as a carbon neutral, renewable energy source. Teagasc actively promotes green energy on an ongoing basis through its Advisory service and has organized conferences, open days, workshops and other events to promote the uptake. They work closely with other organizations in this regard. For example, Teagasc, together with COFORD and Sustainable Energy Ireland (SEI) organized a major Bioenergy Open Day in Oak Park in August 2007. Today, Tuesday 12th February, a Bioenergy conference organised by Teagasc, in association with the Irish Bioenergy Association, is taking place in Tullamore. Teagasc has installed wood chip boilers in a number of its Advisory offices and a wood chip boiler provides heating for part of the Oak Park Research Centre. Teagasc will look at all options for greater energy efficiency and/or installation of alternative energy heating systems in all new buildings and in major refurbishments. Teagasc are also in the process of preparing a comprehensive plan for green energy projects throughout the organization and these projects will serve to meet their own requirements whilst also acting as demonstration projects for all interested parties. As part of this, they are currently conducting feasibility studies on the development of Biogas units in Grange and Moorepark and a wind energy unit in Ballyhaise College. The Marine Institute is building up and enhancing research and technical support capability which assists device developers in wave energy. This support has been concentrated in the Hydraulics and Maritime Research Centre in University College Cork. The Institute works closely with Sustainable Energy Ireland and Enterprise Ireland in developing and implementing a national ocean energy strategy which contains measures to assist developers of commercial wave energy devices. The Marine Institute also provides a test site in Galway Bay for wave energy device developers. It is currently finalising plans for the establishment of an offshore grid connected test facility for full-scale wave energy devices. Finally, Bord Iascaigh Mhara is working with industry to develop more environmentally friendly fishing gear and more fuel-efficient engines for fishing boats. This will continue to be a priority taking into account the importance of sustainable fishing practices and the need to reduce the operating costs of fishing vessels.

Rural Environmental Protection Scheme. 410. Deputy Ulick Burke asked the Minister for Agriculture, Fisheries and Food the number of appeals to the independent appeals boards from each AES region within her Department for the years 2006 and 2007; the number that were successful, partly successful, rejected or not concluded in each separate region arising from penalties applied by the RDE inspectorate; and if she will make a statement on the matter. [4536/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): It is not possible to provide the information in the time frame given and I will revert to the Deputy shortly.

Grant Payments. 411. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food if the dual claim issue on a 2007 single farm payment for a person (details supplied) in County Roscommon has been resolved to the satisfaction of her Department; and if she will make a statement on the matter. [4545/08]

1029 Questions— 12 February 2008. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The issue of a dual- claim on a land parcel declared by the person named on her 2007 Single Payment Scheme application has now been resolved. The applicant has been fully paid under the Single Payment Scheme in respect of the eligible hectares declared on her 2007 Single Payment Scheme application.

412. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food when payment will be issued to a person (details supplied) in County Clare; and if she will make a statement on the matter. [4551/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The person named established her own Single Payment entitlements during the reference period 2000 -2002. Fol- lowing the introduction of the Single Payment Scheme in 2005 she also inherited entitlements giving her an overall total of 28.91 entitlements. For the scheme year 2005 the person named leased out 24.59 entitlements to another farmer. This leasing arrangement has now ceased and the 24.59 entitlements leased out by the person named have been returned to her. Payment in respect of these entitlements for 2006 and 2007 schemes will issue shortly.

Foreshore Licences. 413. Deputy Brendan Kenneally asked the Minister for Agriculture, Fisheries and Food when a foreshore licence will be issued to a person (details supplied) in County Waterford who applied for this almost four years ago; and if she will make a statement on the matter. [4561/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The person in question was granted a fish culture licence and a corresponding foreshore licence for the cultivation of oysters in Dungarvan Harbour for a period of 10 years from 12 November 1993. The licensee has applied for a renewal of these licences. In such circumstances, in accordance with the terms of the Fisheries (Amendment) Act, 1997, as amended, the licensee is, subject to the terms and conditions of the licence, entitled to continue the aquaculture authorised by the licence pending the decision on the said application. Before the application for renewal of the licence could be considered in detail the licensee was requested to remove oyster trestles and structures on an area of foreshore outside his licensed area. Furthermore, there are a number of issues which require to be addressed with regard to the overall licensing situation in Dungarvan Harbour including arrangements for the appropriate marking of sites for the safety of navigation. Every effort is being made to expedite this application having regard to the complexities involved.

Rural Environmental Protection Scheme. 414. Deputy Beverley Flynn asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive their REP scheme payment. [4606/08]

1030 Questions— 12 February 2008. Written Answers

Department’s position was outlined in considerable detail at a meeting with the Commission in Brussels on 25 January. When Commissioner Fischer Boel was in Dublin two weeks ago to attend the Annual General Meeting of the IFA, I took the opportunity to make the same points directly to her and I emphasised the seriousness with which I regarded the situation. I am continuing, along with my officials, to press for a quick resolution to the issue and high- level contacts are ongoing with the Commission. However, until the matter is clarified, my Department is not in a position to release any further payments under REPS 2 and REPS 3. Payments to REPS 4 farmers under contracts which commenced in 2007 are beginning to issue this week.

Grant Payments. 415. Deputy Beverley Flynn asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Mayo has not been granted their 2006 single payment. [4607/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The person named did not establish any Single Payment entitlements during the reference period 2000-2002. In 2005 she applied to transfer 10.48 standard entitlements by way of lease for a period of one year from another farmer and received Single Payment on foot of these entitlements. Upon expiry of the lease on 31 December 2005, the entitlements reverted from the person named to the farmer from whom they were transferred. No application was received requesting a further transfer of these entitlements for the Scheme year 2006. As a result there were no entitlements available to the person named for the 2006 scheme year and no Single Payment was due. An application was received from the person named on the 4th April 2007 requesting a transfer of 10.48 entitlements from the Representatives of the farmer from whom she had originally leased the entitlements in 2005. Correspondence issued on the 15th May 2007 to the person named and to the Representatives of the farmer advising that it is not permitted to lease entitlements from a deceased person. The rightful beneficiary must first inherit the entitlements in question and may then subsequently apply to lease them to a third party. No reply to this correspondence was received from either the person named or from the Representatives of the deceased farmer. My Department is now in direct contact with both parties with a view to resolving this matter.

Foreshore Licences. 416. Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food when a foreshore lease will be issued to facilitate the construction of a slipway (details supplied) in County Mayo. [4704/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): An application was made to my Department by Mayo County Council on 30 May 2007 for a foreshore lease to facilitate construction of a slipway at Kilcummin, Co Mayo. The application was circulated to the Department’s consultees for assessment and comment. The Development Applications Unit of the Department of the Environment, Heritage and Local Government has requested that a full underwater archaeological assessment of the area be carried out. This request has been communicated to Mayo County Council. The archaeological assessment will require examination and approval by the Department of the Environment, Heritage and Local Govern- ment. Responses are also awaited from the Valuation Office and my Department’s Engineering Division. As soon as the necessary information becomes available, every effort will be made to finalise the lease.

1031 Questions— 12 February 2008. Written Answers

Departmental Funding. 417. Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food if she plans to fund optimal locations for marina development in Sheephaven Bay, Mulroy Bay, Lough Swilly and Lough Foyle; and if she will make a statement on the matter. [4714/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): My Department does not provide funding for Marina Developments and therefore I have no function in relation to this matter.

Departmental Staff. 418. Deputy Arthur Morgan asked the Minister for Agriculture, Fisheries and Food the number of agency workers employed by her Department and by State agencies which fall under the auspices of her Department. [4778/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): There are no agency workers employed by my Department. With regard to agency workers employed by State agencies under the remit of my Department, this is an organisational matter for the bodies themselves.

Departmental Funding. 419. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if the funding is in place for a scheme (details supplied); and if the scheme will be paid on all the animals or on a piecemeal basis. [4802/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): Under the Rural Development Programme 2007-2013, which was agreed at Partnership, there is provision for expenditure of \250 million over the five years of the Suckler Welfare scheme (2008-2012). Payment will be made only where the suckler cow has calved and after the farmer has complied with the various measures of the scheme. Therefore, the timing of the payment will depend on when the calf is weaned and when the farmer returns all the animal events information to the Department.

Rural Environmental Protection Scheme. 420. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive their REP scheme III year two payment in view of the fact that it was cleared by the local office sometime ago. [4803/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The person named is a participant in REPS 3. In the course of the ongoing discussions on the payment arrangements for REPS 4, the European Commission raised questions early in January 2008 about the established practice of paying REPS 2 and REPS 3 farmers at the beginning of each contract year. At that stage, some \6 million had already been paid to REPS 2 and REPS 3 farmers since 1 January 2008. My officials have argued strongly with the Commission that the practice of paying at the start of the contract year is well established and one of which the Commission is well aware. My Department’s position was outlined in considerable detail at a meeting with the Commission in Brussels on 25 January. When Commissioner Fischer Boel was in Dublin two weeks ago to attend the Annual General Meeting of the IFA, I took the opportunity to make the same points directly to her and I emphasised the seriousness with which I regarded the situation.

1032 Questions— 12 February 2008. Written Answers

I am continuing, along with my officials, to press for a quick resolution to the issue and high- level contacts are ongoing with the Commission. However, until the matter is clarified, my Department is not in a position to release any further payments under REPS 2 and REPS 3. Payments to REPS 4 farmers under contracts which commenced in 2007 are beginning to issue this week.

421. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the position in relation to the issuing of all REP scheme payments at present from her Department; and if she will make a statement on the matter. [4804/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): In the course of the ongoing discussions on the payment arrangements for REPS 4, the European Commission raised questions early in January 2008 about the established practice of paying REPS 2 and REPS 3 farmers at the beginning of each contract year. At that stage, some \6 million had already been paid to REPS 2 and REPS 3 farmers since 1 January 2008. My officials have argued strongly with the Commission that the practice of paying at the start of the contract year is well established and one of which the Commission is well aware. My Department’s position was outlined in considerable detail at a meeting with the Commission in Brussels on 25 January. When Commissioner Fischer Boel was in Dublin two weeks ago to attend the Annual General Meeting of the IFA, I took the opportunity to make the same points directly to her and I emphasised the seriousness with which I regarded the situation. I am continuing, along with my officials, to press for a quick resolution to the issue and high- level contacts are ongoing with the Commission. However, until the matter is clarified, my Department is not in a position to release any further payments under REPS 2 and REPS 3. Payments to REPS 4 farmers under contracts which commenced in 2007 are beginning to issue this week.

Grant Payments. 422. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the number of applications received to date under a scheme (details supplied); and the projected number of applications expected by the scheme closing date of 31 March 2008. [4805/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): Over 37,000 applications have been received so far. It is impossible to predict the number of applications that will be received by the closing date.

423. Deputy Seymour Crawford asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Cavan will be granted their area aid and single farm payment; and if she will make a statement on the matter. [4823/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): An application for Single Payment 2007 was received from the late husband of the person named on 11 April 2007. My Department has forwarded an Indemnity Form to the person named, which should be completed and returned. When the returned form has been processed, the payments currently held in the amount of \7,991.74 will be released to the legal representative acting on behalf of the estate of the husband of the person named.

424. Deputy Willie Penrose asked the Minister for Agriculture, Fisheries and Food when a REP scheme payment due to a person (details supplied) in County Westmeath will be granted to them; and if she will make a statement on the matter. [4951/08]

1033 Questions— 12 February 2008. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The holder of the herd number referred to is a participant in REPS 3. In the course of the ongoing discussions on the payment arrangements for REPS 4, the European Commission raised questions early in January 2008 about the established practice of paying REPS 2 and REPS 3 farmers at the beginning of each contract year. At that stage, some \6 million had already been paid to REPS 2 and REPS 3 farmers since 1 January 2008. My officials have argued strongly with the Commission that the practice of paying at the start of the contract year is well established and one of which the Commission is well aware. My Department’s position was outlined in considerable detail at a meeting with the Commission in Brussels on 25 January. When Commissioner Fischer Boel was in Dublin two weeks ago to attend the Annual General Meeting of the IFA, I took the opportunity to make the same points directly to her and I emphasised the seriousness with which I regarded the situation. I am continuing, along with my officials, to press for a quick resolution to the issue and high- level contacts are ongoing with the Commission. However, until the matter is clarified, my Department is not in a position to release any further payments under REPS 2 and REPS 3. Payments to REPS 4 farmers under contracts which commenced in 2007 are beginning to issue this week.

Data Protection. 425. Deputy Leo Varadkar asked the Minister for Agriculture, Fisheries and Food if disks, laptops or memory storage devices containing personal information about members of the public have been lost or stolen from her Department; and if she will make a statement on the matter. [4996/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The Table below sets out the number of Department owned disks, laptops and memory storage devices, reported lost or stolen from my Department in recent years:

Year Lost/Stolen Recovered/Found

2002 3 Laptops were reported stolen None 2003 None N/A 2004 None N/A 2005 None N/A 2006 1 Laptop reported stolen None 2007 1 Laptop reported stolen None

All laptops are protected by use of a user-id and password. In all cases, the theft was reported to the Garda. To date, no personal information concerning members of the public has been compromised.

Grant Payments. 426. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if she will inform the Agricultural, Environment and Structures offices in County Mayo that farm improvement scheme applications received prior to 31 October 2007 should be accepted and processed, as this is currently not the case; and if she will make a statement on the matter. [5019/08] 1034 Questions— 12 February 2008. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): As is the case with other local AES offices of my Department, applications received in the AES offices in County Mayo under the Farm Improvement Scheme prior to its suspension on 31 October 2007 are being processed by my Department up to the level of funding provided for the Scheme in the 2006 partnership agreement, Towards 2016.

427. Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Kerry has not received payment for REP scheme four; and if she will make a statement on the matter. [5053/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): An application from the person named was received in my Department on 18 December 2007. His contract cannot therefore commence before 1 January 2008. As regards REPS 4 contracts commencing on or after 1 January 2008, my Department is in discussions with the European Commission as to whether the previous practice of paying farmers at the start of each contract year in REPS can continue. I am continuing, along with my officials, to press for a quick resolution to the issue and high-level contacts are ongoing with the Commission. Payments to REPS 4 farmers under contracts which commenced in 2007 are beginning to issue this week.

Data Protection. 428. Deputy Leo Varadkar asked the Minister for Agriculture, Fisheries and Food if she has been informed by any of the agencies attached to her Department, if those agencies have lost or had stolen from them any disks, laptops or memory storage devices containing personal information regarding members of the public; and if she will make a statement on the matter. [5068/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): In relation to agencies under the aegis of my Department, the matter of lost or stolen disks, laptops or memory storage devices containing personal information regarding members of the public is an operational matter for the bodies themselves.

Rural Environment Protection Scheme. 429. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the reason payments have ceased in relation to REP scheme two and REP scheme three; if she will elaborate in detail on the nature of the conflict between the EU Commission and her Department; and if she will make a statement on the matter. [5104/08]

1035 Questions— 12 February 2008. Written Answers

[Deputy Mary Coughlan.] Department is not in a position to release any further payments under REPS 2 and REPS 3. Payments to REPS 4 farmers under contracts which commenced in 2007 are beginning to issue this week.

Grant Payments. 430. Deputy Bobby Aylward asked the Minister for Agriculture, Fisheries and Food if she will revise the application for grant aid under the installation aid package for a person (details supplied) in County Kilkenny with a view to approving this application under the new scheme in view of the applicant’s situation as outlined to her Department. [5106/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The person concerned has submitted an application for payment (IAS 2) under the Installation Aid Scheme to my Department. Additional information in relation to that application has, however, been requested in writing from the person concerned and the application cannot be further progressed until that information is received.

431. Deputy Seymour Crawford asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Monaghan will receive their grant payment under the 70% farmyard pollution scheme; and if she will make a statement on the matter. [5109/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): Grant-aid was paid to the person concerned on 11 February 2008.

Milk Quota. 432. Deputy Sea´n Fleming asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 490 of 5 February 2008 if a person (details supplied) was eligible for the milk trading scheme 2007/08 second stage; and if so, the reason that person was not eligible for the first stage of this scheme despite having applied notwithstanding the person was ultimately eligible to sell their quota in the 2008/09 milk quota trading scheme. [5113/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The named person did not submit an application to either Stage 1 or Stage 2 of the 2007/2008 Milk Quota Trading Scheme. Therefore, from the Department’s perspective, the question of whether the named person was eligible to participate in the 2007/2008 Scheme was one that never arose. As outlined in my previous reply, the named person ultimately successfully sold his quota in the first stage of the 2008/2009 Scheme. Details concerning eligibility for the Trading Scheme are contained in the Explanatory Memorandum for the Scheme, which is available from Co-operatives or my Department.

Grant Payments. 433. Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Galway will receive their REP scheme three payment; and if she will make a statement on the matter. [5126/08]

1036 Questions— 12 February 2008. Written Answers year. At that stage, some \6 million had already been paid to REPS 2 and REPS 3 farmers since 1 January 2008. My officials have argued strongly with the Commission that the practice of paying at the start of the contract year is well established and one of which the Commission is well aware. My Department’s position was outlined in considerable detail at a meeting with the Commission in Brussels on 25 January. When Commissioner Fischer Boel was in Dublin two weeks ago to attend the Annual General Meeting of the IFA, I took the opportunity to make the same points directly to her and I emphasised the seriousness with which I regarded the situation. I am continuing, along with my officials, to press for a quick resolution to the issue and high- level contacts are ongoing with the Commission. However, until the matter is clarified, my Department is not in a position to release any further payments under REPS 2 and REPS 3. Payments to REPS 4 farmers under contracts which commenced in 2007 are beginning to issue this week.

434. Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the position regarding an application for a slatted house grant by a person (details supplied) in County Galway; and if she will make a statement on the matter. [5127/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): Grant-aid was paid to the person concerned on 11 February 2008.

435. Deputy Willie Penrose asked the Minister for Agriculture, Fisheries and Food the reason farmers who are contractual participants in REP scheme two, three and four are not being paid their due amounts on the anniversary date of them signing up to participate in the REP scheme for a five year period; the further reason these payments are being delayed particularly in this year; the way this lateness of payment and unnecessary delays associated there- with, accords with the prompt payment legislation passed by the Houses of the Oireachtas; if interest will be payable to farmers who do not receive their payments by the due date; and if she will make a statement on the matter. [5161/08]

1037 Questions— 12 February 2008. Written Answers

436. Deputy Frank Feighan asked the Minister for Agriculture, Fisheries and Food the reason travelling and overtime budget restrictions are being allowed to prevent the issue of approval and processing of payment under the farm waste management scheme; and if she will make a statement on the matter. [5190/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): Sufficient financial resources have been made available in my Department’s estimates for 2008 to enable my Department’s staff continue to process approvals and payments under the Farm Waste Man- agement Scheme over the course of the current year.

Departmental Staff. 437. Deputy Phil Hogan asked the Minister for Agriculture, Fisheries and Food if persons have been dismissed from the Civil Service since the provisions of the Civil Service Regulation Act 2005 were introduced; the number and grade of the persons concerned; and if she will make a statement on the matter. [5655/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): One Supervisory Agricultural Officer (SAO) was dismissed in October 2005 from my Department.

438. Deputy Phil Hogan asked the Minister for Agriculture, Fisheries and Food the amount paid to civil servants by way of travel, subsistence or overnight allowances or payments for each of the years 2002 to the end of 2007; and if she will make a statement on the matter. [5669/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The information requested is set out in the following table.

Year 2002 2003 2004 2005 2006 2007

\\\\\\

Travel 10,228,840 9,394,955 10,098,822 9,973,311 10,292,160 10,913,240 Subsistence 6,120,519 5,004,000 4,903,006 5,243,120 5,187,349 6,111,014

Totals 16,349,359 14,398,955 15,001,828 15,216,431 15,479,509 17,024,254

Pension Provisions. 439. Deputy Olwyn Enright asked the Minister for Education and Science the reason vocational teachers who paid into a compulsory widow and orphans scheme which existed from 1935 to 1969, are required on retirement to pay 1% per each year worked into their pension on the basis that they had not contributed prior to 1969; the action she will take to address this; and if she will make a statement on the matter. [4970/08]

Minister for Education and Science (Deputy Mary Hanafin): Prior to 1969 there was no widows’ and orphans’ pension scheme. A contributory main superannuation scheme existed prior to 1969 for vocational teachers which provided on retirement for payment of a pension and retirement gratuity, or a death gratuity where death in service occurred. In 1969 a contributory widows’ and orphans’ scheme was introduced for male vocational teachers to provide benefits for the teacher’s widow and eligible children on his death. This scheme was extended in 1984 to provide benefits for the spouses of female vocational teachers. The scheme then became known as the Spouses’ and Children’s Pension Scheme. 1038 Questions— 12 February 2008. Written Answers

Benefits under the spouses’ and children’s scheme are determined on all of the member’s reckonable service subject to a maximum of 40 years reckonable service. The arrangements agreed on the introduction of the scheme provide that payment for reckonable service given before 1 January 1969 in the case of male teachers or before 10 January 1984 in the case of female teachers would be deferred until retirement. These contributions are paid by deduction from the retirement gratuity. Contributions payable by this method are calculated at the rate of 1% of the annual rate of retiring pay for each year of reckonable service for which contributions are outstanding.

Schools Building Programme. 440. Deputy Shane McEntee asked the Minister for Education and Science when construction work will begin on a school (details supplied) in County Meath; if the building work will be completed on time to enable students to be accommodated in the new premises from 1 September 2008; and if she will make a statement on the matter. [4473/08]

Minister for Education and Science (Deputy Mary Hanafin): The School to which the Deputy refers to is currently located in a temporary building adjacent to the proposed new site for the permanent school. Contracts for the procurement and building of the new permanent school are at the final stages of preparation. It is anticipated that the contract will be signed with the successful Design and Build Contractor shortly. Once the contracts are signed, the successful contractor will apply for planning permission and it is anticipated that on granting of planning permission, construction will begin on site immediately.

Psychological Service. 441. Deputy Olwyn Enright asked the Minister for Education and Science if she will confirm receipt of correspondence relating to a person (details supplied) in County Laois; if a reply was issued on the matter; and if she will make a statement on the matter. [4499/08]

Minister for Education and Science (Deputy Mary Hanafin): I can confirm that correspondence in respect of the person named in the question was received in my Department and responded to in early 2007. I can also inform the Deputy that a psychologist from my Depart- ment’s National Educational Psychological Service has been in touch with relevant local school authorities and has offered the facility of a consultation with the parents of the named pupil in relation to his particular needs.

Voluntary Sector Funding. 442. Deputy Michael D. Higgins asked the Minister for Education and Science if she will make provision from her Department to a group (details supplied) in County Galway to enable them to fund the Young Mothers in Education project in view of the good work that is being carried out by the project which involves more than 60 young mothers and whose continuing of their education will be put in jeopardy without the support of the project. [4504/08]

465. Deputy Pa´draic McCormack asked the Minister for Education and Science if her Department will approve funding for a project (details supplied) in County Galway; and if she will make a statement on the matter. [4665/08]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): I propose to take Questions Nos. 442 and 465 together. In assessing applications for funding, consideration is given to Department supported interventions already in place in the areas concerned so as to avoid duplication of effort and

1039 Questions— 12 February 2008. Written Answers

[Deputy Sea´n Haughey.] resource. My Department currently supports the educational element of eight Teenage Parenting Support Projects under the Health Services Executive’s Teenage Parenting Support Initiative in Galway, Limerick, Louth, Coolock, Donegal, Carlow, Cork and Dublin and it would be inappropriate to support a second initiative in an area which provides a similar service to the same target group. Funding has been committed in 2008 to the 8 Teenage Parenting Support projects as a specific gender element of the School Completion Programme under DEIS in preventing early school leaving among teenage mothers. Links have been established between local School Completion projects in these areas, assisted by the SCP National Coordination Team and the Teenage Parenting Support Initiative Coordinators. The aim of these projects is to enable young women who are pregnant and young mothers to stay in second level education and to progress on to third level education or training. The Project does this by providing individual support, information and grinds where necessary. Young people participating in Teen Parenting Support Programmes are targeted in-school, out-of-school and in higher /further education, giving them the opportunity to reach their full potential through continued participation in education and training. This will improve their life opportunities and reduce the likelihood of the young family experiencing poverty and social exclusion and being long-term dependants on state support. My Department also received an application on behalf of the project in question to be considered for funding in 2008 under the Special Projects for Youth Scheme funded by my Department. Pending completion of the 2008 funding allocations process, and owing to budgetary constraints and the high level of existing commitments in the youth work sector, I am not in a position to make any commitments with regard to funding in this case.

Special Educational Needs. 443. Deputy Enda Kenny asked the Minister for Education and Science the status of the Post Primary Policy Document on Second Level Education for People with Autism; if she will publish this document; and if she will make a statement on the matter. [4505/08]

Minister for Education and Science (Deputy Mary Hanafin): The Deputy will be aware that my Department’s policy is to support the inclusive education of students with special educational needs across the schools system. In this context, a range of supports are provided to second level schools to enable them cater for pupils with special educational needs, including the needs of pupils with autism. The supports available include additional teaching support, special needs assistant support, school transport and grants for the purchase of teaching materials and specialised equipment. As the Deputy is aware enormous progress has been made over the past number of years in relation to increasing the number of teachers who are specifically dedicated to providing education for children with special educational needs. At second level, approximately 1,990 whole time equivalent additional teachers are in place to support pupils with special educational needs. In addition, there are 561 whole time equivalent learning support teachers and approximately 1,700 whole time equivalent special needs assistants (SNAs) in our second level schools. Comprehensive guidance has recently been provided to schools on best practice for inclusion of students with special educational needs. The guideline document “Inclusion of Students with Special Educational Needs: Post-Primary Guidelines” was published by my Department’s Inspectorate in June 2007 and is a significant step to further support second level schools in the inclusion of students with special educational needs. The guidelines advocate a whole- school approach to effectively meet the educational needs of students with special educational

1040 Questions— 12 February 2008. Written Answers needs. Practical advice is provided to schools on the organisation and co-ordination of resources so as to maximise the support to each individual student. The Deputy may also wish to note that the availability of continuing professional development for personnel working with children with special educational needs has been greatly expanded through a range of post-graduate professional training programmes and the ongoing development of the Special Education Support Service (SESS) to support schools staff locally.

444. Deputy Enda Kenny asked the Minister for Education and Science her Department’s involvement to date with a facility (details supplied); the financial contribution of the Govern- ment to date to this facility. [4506/08]

Minister for Education and Science (Deputy Mary Hanafin): The Middletown Centre for Autism project is a joint initiative between the Department of Education in Northern Ireland and the Department of Education and Science aimed at supporting the promotion of excellence in the development and harmonisation of education and allied services to children and young people with autistic spectrum disorders. It has been agreed that the following four key services will be provided by the centre: learning support service (on a residential basis); an educational assessment service; training and advisory service and an autism research and information service. I am pleased to inform the Deputy that officials from my Department and the Department of Education in Northern Ireland continue to work closely together to progress the development of the Middletown Centre for Autism. Members were appointed to a Board of Directors in 2007 and a small number of key staff has taken up positions facilitating the phasing in of service provision. However services associated with the intake of children will not commence until the building project is completed, which is scheduled for 2009. The financial information requested by the Deputy is not readily available and I have arranged for it to be forwarded to him directly.

Schools Refurbishment. 445. Deputy Phil Hogan asked the Minister for Education and Science when a school (details supplied) in County Kilkenny will receive approval to proceed with urgent improvement works; and if she will make a statement on the matter. [4518/08]

Minister for Education and Science (Deputy Mary Hanafin): I am pleased to inform the Deputy that the Building Section of my Department recently approved emergency funding for works related to the heating system at the school in question.

School Accommodation. 446. Deputy Michael Kennedy asked the Minister for Education and Science the outcome of the discussion between her Department and a school (details supplied) in north Dublin regarding the shortfall in school places over the next four to five years; and if she will make a statement on the matter. [4541/08]

Minister for Education and Science (Deputy Mary Hanafin): As the Deputy will be aware, a Developing Areas Unit has been established in the Department of Education and Science to focus on the school accommodation needs of rapidly developing areas including Balbriggan. The particular emphasis in 2008 is on providing sufficient school places in developing areas including Balbriggan, while also showing the Government’s commitment to delivering improve-

1041 Questions— 12 February 2008. Written Answers

[Deputy Mary Hanafin.] ments in the quality of existing primary and post-primary school accommodation throughout the country. The Department is currently pursuing the provision a site to provide two sixteen classroom primary schools (including Special Needs Units) and a 1,000 pupil post primary school. Phase one of this development will be provided in September 2008 with the installation of two eight classroom off site constructed schools. In addition, a separate site is being pursued to provide a further 16 classroom new school on a temporary site, again for September 2008. Both planned developments are subject to Planning Permission. The Deputy will appreciate that due to commercial sensitivities, I cannot comment on specific sites at this time, however, I can assure the Deputy that the Department will continue to work very closely with Fingal County Council to meet the needs of the Fingal area, including those to which he refers, for next year and beyond. With regard to the school to which the Deputy specifically refers, the Department approved the provision of one additional mainstream classroom for September 2007 to cater for additional enrolments. However, I understand that due to site restrictions it would prove difficult to expand this school further. Greenfield provision for this school will be considered in the context of the additional provision being made in the area.

School Management. 447. Deputy Paul Gogarty asked the Minister for Education and Science the status of the proposed new vocational education committee model primary school for the Diswellstown area in Dublin 15; if a new school (details supplied) will become the new VEC school or if the new VEC school will be a separate school; and if she will make a statement on the matter. [4573/08]

Minister for Education and Science (Deputy Mary Hanafin): In December 2007 I announced that a new State model of community national school, under the patronage of County Dublin Vocational Education Committee (VEC) is to be piloted in two locations from September, 2008, with a third location to come on stream after a transition period. It was announced that one of the two initial schools will be in the Phoenix Park, with the other to be based in Phibbles- town, Dublin 15. The new model has been developed following a period of consultation with all of the main education partners and church groups. As in the primary school system generally, the schools will operate under the management of an independent Board of Management. The VEC will be represented on the Board of Management, as patron, and will provide relevant practical management supports to the school. Arrangements will also be in place to enable the VEC to meet its general financial accountability responsibilities. I also indicated that I would be bringing proposals to Government to provide necessary amending legislation to underpin the VEC role in the primary sector. Pending the enactment of the legislation, I, as Minister for Education and Science, will act as interim patron for the new schools. In relation to the third school referred to in my announcement of December 2007, which is the school in Diswellstown to which the Deputy refers, it was envisaged that this would transition to the new model after a two year period. This school had been opened in September 2007 under the temporary patronage of the Catholic Archbishop in response to an emerging need that had presented at that time. Following further recent consultations with the school community, the temporary patron and County Dublin VEC, it has now been agreed that the school in question should come under the new pilot patronage model arrangements from this coming September 2008. The position in relation to the possible inclusion of any further schools under the new model in September 2008 is currently being examined in the context of the

1042 Questions— 12 February 2008. Written Answers identified need for new schools in particular areas and a review of expressions of interest received from established patron bodies to open schools in these locations.

Schools Building Projects. 448. Deputy Jimmy Deenihan asked the Minister for Education and Science if her Depart- ment has received an application for a new Gaelscoil from the board of management of a school (details supplied) in County Kerry; if she will advance the project to the next stage as a matter of urgency; and if she will make a statement on the matter. [4583/08]

Minister for Education and Science (Deputy Mary Hanafin): I assume that the Deputy is referring to a new building for the school in question. It is currently located on a temporary basis on grounds under the ownership of the Vocational Education Committee. The issue of a new school building project and the location of same will be considered in the context of my Department’s School Building and Modernisation Programme.

Higher Education Grants. 449. Deputy Brian Hayes asked the Minister for Education and Science the reason a person (details supplied) in County Cork was refused a maintenance grant from Cork County Council; if in other years the fees were waived for the purpose of this maintenance grant; if their case will be re-examined for a maintenance grant; and if she will make a statement on the matter. [4588/08]

Minister for Education and Science (Deputy Mary Hanafin): My Department funds three maintenance grant schemes for third level students which are administered by the Local Auth- orities and the Vocational Education Committees. These are the Higher Education Grants Scheme, the Vocational Education Committees’ Scholarship Scheme, the Third Level Mainten- ance Grants Scheme for Trainees and the Maintenance Grants Scheme for Students attending Post Leaving Certificate Courses. The Higher Education Grants Scheme is administered by the Local Authorities. The other three schemes are administered by the Vocational Education Committees. Under the terms of the maintenance grants schemes grant assistance is awarded to students who meet the prescribed conditions of funding including those which relate to age, residence, means, nationality and previous academic attainment. The decision on eligibility for third level grants is a matter for the relevant assessing authority — i.e. the local authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required. If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant local authority or VEC. Where an individual applicant has had an appeal turned down, in writing, by the relevant local authority or VEC, and remains of the view that the body has not interpreted the schemes correctly in his/her case, an appeal form outlining the position may be submitted by the applicant to my Department. Alternatively, as already indicated, the local authority or VEC may, itself, in exceptional circumstances, seek clarification on issues from my Department.

School Management. 450. Deputy Joe Costello asked the Minister for Education and Science her proposals for a new community primary school at Phoenix Park; the management structure for the school; and if she will make a statement on the matter. [4599/08]

1043 Questions— 12 February 2008. Written Answers

Minister for Education and Science (Deputy Mary Hanafin): In December 2007 I announced that a new State model of community national school, under the patronage of County Dublin Vocational Education Committee (VEC) is to be piloted in two locations from September, 2008, with a third location to come on stream after a transition period. It was announced that one of the two initial schools will be in the Phoenix Park, with the other to be based in Phibbles- town, Dublin 15. The new model has been developed following a period of consultation with all of the main education partners and church groups. As in the primary school system generally, the schools will operate under the management of an independent Board of Management. The VEC will be represented on the Board of Management, as patron, and will provide relevant practical management supports to the school. Arrangements will also be in place to enable the VEC to meet its general financial accountability responsibilities. I also indicated that I would be bringing proposals to Government to provide necessary amending legislation to underpin the VEC role in the primary sector. Pending the enactment of the legislation, I, as Minister for Education and Science, will act as interim patron for the new schools. In relation to the third school referred to in my announcement of December 2007, Scoil Choilm, Diswellstown, it was envisaged that this would transition to the new model after a two year period. This school had been opened in September 2007 under the temporary patronage of the Catholic Archbishop in response to an emerging need that had presented at that time. Following further recent consultations with the school community, the temporary patron and County Dublin VEC, it has now been agreed that Scoil Choilm should come under the new pilot patronage model arrangements from this coming September 2008. The position in relation to the possible inclusion of any further schools under the new model in September 2008 is currently being examined in the context of the identified need for new schools in particular areas and a review of expressions of interest received from established patron bodies to open schools in these locations.

Schools Building Projects. 451. Deputy Charles Flanagan asked the Minister for Education and Science the position in regard to the provision of new buildings for a school (details supplied) in County Laois; and if she will make a statement on the matter. [4622/08]

Minister for Education and Science (Deputy Mary Hanafin): I wish to advise the Deputy that the process of appointing a Design Team for the school building project in question is under consideration. The proposed building project for the school will be considered for progression in the context of my Departments Multi-Annual School Building and Modernisation Programme.

Site Acquisitions. 452. Deputy Charles Flanagan asked the Minister for Education and Science if her Depart- ment will purchase land for the provision of a new building for a school (details supplied) in County Laois; and if she will make a statement on the matter. [4623/08]

Minister for Education and Science (Deputy Mary Hanafin): The Department’s long term plan for Portlaoise is to provide three new post primary schools and to amalgamate and expand primary provision to meet the growing needs of the area. Educational provision at post primary level in the town needed to be addressed first and a new V.E.C. school building has already been delivered. The two other post primary school building projects are due to go on site next year.

1044 Questions— 12 February 2008. Written Answers

Now that the accommodation requirements of the town at post primary level are well on the way to being addressed, it is proposed to deal with the primary school requirements. Approval in principle has been given for five large scale primary building projects in Portlaoise which will improve conditions for the schools concerned and provide much needed extra school places. Two new greenfield site schools will be built to facilitate the amalgamation of Scoil Na´isiu´ nta an Chroı´ Naofa, St Paul’s Primary School and Scoil Na´isiu´ nta Mhuire. The new facilities will be configured as a junior and senior school and they will cater for some 1,600 pupils. The third project is the extension of Scoil Bride, Knockmay to create a 32 classroom school catering for 800 pupils. The fourth is the extension of The Heath National School which will enable it to cater for 200 pupils. Funding is also being made available to Maryboro National School on a devolved basis to enable the construction of a new three classroom school for 75 pupils. The accommodation needs of the school referred to by the Deputy will be addressed in the context of the overall developments for primary education in the town. However, at this early stage, I am not in a position to say when the project will proceed to construction. My Department will, of course, keep the school informed of developments in relation to the provision of accommodation.

Schools Refurbishment. 453. Deputy Paul Kehoe asked the Minister for Education and Science the way in which the ten categories of projects will be funded to keep the affected school buildings, facilities and staff and pupil safety maintained without the summer works scheme; her views on the waste of time and money for the 2008 applications made by the schools in September 2007; if the dust extraction projects will be continued; and if she will make a statement on the matter. [4631/08]

Minister for Education and Science (Deputy Mary Hanafin): As the Deputy may be aware, the Summer Works Scheme was introduced in 2004. Since then, over 3,000 projects costing in excess of \300 million have been completed. Considerable extra investment has been provided in the Budget to increase funding for school buildings to almost \600 million next year. With so many small projects having been completed over the past few years, I intend to focus on delivering as many large projects as possible in 2008. There will not, therefore, be a new Sum- mer Works Scheme as part of our building programme this year. Individual school authorities are responsible in the first instance for health and safety issues relating to schools. Primary school authorities may use their annual minor works grant to deal with such issues. In November 2006 I increased funding for the minor works grant by 44% on the previous year. Around \27m was paid out to primary schools throughout the country late last year to enable thousands of small scale works to be completed without the need to interact with my Department. Another avenue to claim grant-aid from my Department is the Emer- gency Works Fund. Grants from this fund are available for very urgent unforeseen works, primarily of a major health and safety nature, to schools that are in most need of resources for capital works. Funding will continue to be available for dust extraction projects in 2008.

Schools Building Projects. 454. Deputy Billy Timmins asked the Minister for Education and Science the position in relation to the application for an extension from a school (details supplied) in County Wicklow; if this will be dealt with as a matter of urgency; when this work will be carried out; and if she will make a statement on the matter. [4637/08]

1045 Questions— 12 February 2008. Written Answers

Minister for Education and Science (Deputy Mary Hanafin): The school referred to by the Deputy made an application for capital funding towards the provision of additional accommodation. An assessment of projected enrolment trends, demographic trends and housing developments in the area was carried out in order to determine the long term accommodation needs of the school. This has been finalised and notified to the school. The proposed building project will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme.

Schools Recognition. 455. Deputy Liz McManus asked the Minister for Education and Science her plans to provide accommodation for an Educate Together school as expressed by parents in Greystones, County Wicklow. [4640/08]

456. Deputy Liz McManus asked the Minister for Education and Science her plans to provide accommodation for a Gaelscoil as expressed by parents in Greystones, County Wicklow. [4641/08]

484. Deputy Michael McGrath asked the Minister for Education and Science if a proposed new school (details supplied) in County Cork will be sanctioned and operational by September 2008. [4810/08]

Minister for Education and Science (Deputy Mary Hanafin): I propose to take Questions Nos. 455, 456 and 484 together. The New School Advisory Committee (NSAC) has received applications for the recognition of new primary schools for September, 2008 in the locations referred to by the Deputies. The NSAC is an independent advisory group established to process applications for the recognition of new primary schools and to make recommendations to the Minister for Education and Science. It is expected that the NSAC will produce its report by the end of March.

Departmental Agencies. 457. Deputy Ro´ isı´n Shortall asked the Minister for Education and Science the most recent figures on the staff numbers in the National Education Welfare Board; her plans, with timescale, to bring this vital service up to its full complement. [4642/08]

Minister for Education and Science (Deputy Mary Hanafin): This government is determined to do all that is possible to ensure that every child gets all the opportunities and support they need to enable them to achieve their potential and participate fully in education. Through increased investment and improved services we are determined to optimise access, participation and educational outcomes at every level of the system for disadvantaged groups. The programme for government is committed to providing these educational supports to the most vulnerable sections of our society. In addition to the programme for government, the partnership agreement “Towards 2016” includes provision for an additional 100 posts in total for the NEWB and the National Edu- cational Psychological Service by 2009. I am pleased to inform the Deputy that under the 1st Phase of the agreement, an additional 15 staff were allocated to the NEWB during 2007. I have been informed by the Board that the recruitment process is ongoing and will be finalised shortly. This allocation brings the current authorised staffing of the Board to 109 posts of which 90 are working directly in the service delivery area. The staffing complement is comprised of

1046 Questions— 12 February 2008. Written Answers

19 HQ and support staff, 5 Regional Managers, 13 Senior EWOs and 72 EWOs. The financial allocation to the Board in 2008 is 10.119 million. The recruitment of these extra staff to the NEWB will continue to strengthen local delivery and contribute to improving the coverage in respect of services provided by the Board. The ongoing allocation of posts will continue to be evaluated in light of operational experience and identified need. It must be remembered also that the service provided by the NEWB is just one aspect of the comprehensive framework that this Government has put in place to support schools, families and young people themselves. In this regard, extra supports targeted at young people in disadvantaged areas include both educational initiatives such as intensive literacy programmes and the provision of breakfast and homework clubs. In fact, in addition to the NEWB, there are currently in excess of 620 staff within the education sector in education disadvantage programmes of which over 130 are additional posts allocated under DEIS (Delivering Equality of Opportunity in Schools) the action plan for educational inclusion which provides for a standardised system for identifying levels of disadvantage and a new integrated School Support Programme (SSP). The School Completion Prog- ramme (SCP) is a preventative measure designed to combat issues of poor attendance and early school leaving. School attendance is a central objective of SCP with targeted interventions for children at risk of early school leaving through a variety of extra supports aimed at encouraging them to stay in school. These supports cover both educational and non-educational interventions and are provided during and outside of school time. The Home School Community Liaison Scheme (HSCL) works to involve parents in their children’s education which is a crucial component in convincing young people of the value of education. Work is ongoing to develop appropriate protocols for all agencies and services to work together in collaboration and to ensure that optimum use is made of the resources deployed. I will be keeping the issue of resources for the NEWB under review in light of the roll-out of services, the scope for integrated working and any proposals that the Board may put to me in relation to clearly identified priority needs.

School Absenteeism. 458. Deputy Ro´ isı´n Shortall asked the Minister for Education and Science the data she has available to her in respect of school attendance rates over the past ten years on a national level and in respect of an area (details supplied) in Dublin 11; and if she will make a statement on the matter. [4643/08]

Minister for Education and Science (Deputy Mary Hanafin): The Education (Welfare) Act, 2000 established the National Educational Welfare Board (NEWB) as the single national body with responsibility for school attendance. The Act provides a comprehensive framework promoting regular school attendance and tackling the problems of absenteeism and early school leaving. The general functions of the Board are to ensure that each child attends a recognised school or otherwise receives a certain minimum education. Under the terms of the Education (Welfare) Act, 2000, one of the functions of the Board is to conduct and commission research into the reasons for non-attendance on the part of students and into the strategies and programmes designed to prevent it. Ongoing activities of the Board include the development of a Code of Behaviour Guidelines and Attendance Strategies for Schools. The first national data on school attendance has been collected and is being used to inform the Board’s work. In relation to the effectiveness of the service, it is encouraging to note research findings indicate that attendance at school in the areas where EWOs are working intensively improved with the mean percentage of students absent 20 days or more having

1047 Questions— 12 February 2008. Written Answers

[Deputy Mary Hanafin.] decreased by over 4% in 2004/05 compared with the previous year. The NEWB collects data for absences over 20 days. The first year for which data was collected on an individual county basis was for the 2004/05 school year. In relation to the Deputy’s specific question relating to student absenteeism in Ballymun, I am informed by the Board that the data in the format requested is not available for 2004/05. However analysis on data for Co Dublin in 2004/05 indicates that in the Primary Sector 13.7% of pupils were absent for 20 days or more, while at Post Primary level the corresponding figure was 18.2%. The national average for pupils absent for more than 20 days was 10% at primary level and 18.8% at post primary level in 2004/05. Analysis on the 2005/06 data has been carried out and the report is currently being prepared for publication by the NEWB. The 2006/2007 data has not yet been analysed. This government is determined to do all that is possible to ensure that every child gets all the opportunities and support they need to enable them to achieve their potential and participate fully in education. It must be remembered also that the service provided by the NEWB is just one aspect of the comprehensive framework that this Government has put in place to support schools, families and young people themselves. In this regard, extra supports targeted at young people in disadvantaged areas include both educational initiatives such as intensive literacy programmes and the provision of breakfast and homework clubs. In fact, in addition to the NEWB, there are currently in excess of 620 staff within the education sector in education disadvantage programmes of which over 130 are additional posts allocated under DEIS (Delivering Equality of Opportunity in Schools) the action plan for educational inclusion which provides for a standardised system for identifying levels of disadvantage and a new integrated School Support Programme (SSP). The School Completion Prog- ramme (SCP) is a preventative measure designed to combat issues of poor attendance and early school leaving. School attendance is a central objective of SCP with targeted interventions for children at risk of early school leaving through a variety of extra supports aimed at encouraging them to stay in school. These supports cover both educational and non-educational interventions and are provided during and outside of school time. The Home School Community Liaison Scheme (HSCL) works to involve parents in their children’s education which is a crucial component in convincing young people of the value of education. Work is ongoing to develop appropriate protocols for all agencies and services to work together in collaboration and to ensure that optimum use is made of the resources deployed.

Departmental Properties. 459. Deputy Ro´ isı´n Shortall asked the Minister for Education and Science the proposed use for an educational building (details supplied) in Dublin 11; and the timescale for bringing it back into use. [4644/08]

Minister for Education and Science (Deputy Mary Hanafin): The building in question is being used by the Vocational Education Committee for the provision of adult/further education type courses.

School Management. 460. Deputy Brian Hayes asked the Minister for Education and Science if she will confirm, in respect of schools operating under the public private partnership model, if it is the case that school principals and boards of management do not have discretion or autonomy regarding the sale of items from vending machines in their schools; if she will make arrangements whereby such decisions can be made at school level, where deemed desirable for both the health of

1048 Questions— 12 February 2008. Written Answers students and the maintenance of a positive learning environment; and if she will make a statement on the matter. [4651/08]

Minister for Education and Science (Deputy Mary Hanafin): My Department has to date entered into three separate contracts for the design, build, finance, maintain and operate of school/college accommodation under the Public Private Partnership (PPP) model. The three projects are the 5 Pilot PPP Schools, the National Maritime College and the Cork School of Music. In the contract agreed for the 5 Pilot Schools and the National Maritime College while the PPP Operator has exclusive right to operate the catering and vending at each school, in the case of vending sales the Minister and or the management authority of the school or college can request the PPP Operator to withdraw products from sale. The contract further provides that products may be withdrawn because of a change in law or as a result of developments in medical research where it becomes illegal or undesirable to sell such products to children. In the Cork School of Music and in all future PPP contracts the presence of the vending machines and their content is entirely a matter for the school authority.

Teaching Qualifications. 461. Deputy Brian Hayes asked the Minister for Education and Science the number of unqualified teachers that are working within primary and post-primary education; and if she will make a statement on the matter. [4661/08]

Minister for Education and Science (Deputy Mary Hanafin): The information is currently being compiled and will be forwarded directly to the Deputy.

Pupil-Teacher Ratio. 462. Deputy Brian Hayes asked the Minister for Education and Science the number of classes in primary education for children of nine or under who are in a class of 30 or more; and if she will make a statement on the matter. [4662/08]

Minister for Education and Science (Deputy Mary Hanafin): The information on class sizes for the 2007/08 school year is currently being compiled by my Department. As the Deputy will be aware, major improvements have been made in staffing at primary level in recent years. There are now in the region of 6,000 more primary teachers than there were in 2002. By the 2006/07 school year, we had reduced the average class size in our primary schools to 24, while the pupil teacher ratio was 16.4:1, including resource teachers etc. In that year, schools were staffed on the basis of a general rule of at least one classroom teacher for every 28 children. Given that the national average was 24, many schools benefited from much more favourable staffing ratios than this. Extra teachers were provided by the Government for the 2007/08 school year to improve primary school staffing so that schools would generally get at least one classroom teacher for every 27 children. A further initiative in recent years that has been of direct benefit to primary schools has been the change in the criteria for developing schools. For the current school year the threshold for getting a developing school post was reduced specifically to help schools that are seeing large increases in enrolments each year. Over 330 such posts have been sanctioned in the 2007/08 school year compared to 280 in 2006/07. The improvements we have made in school staffing in recent years are absolutely unparalleled. The Government is committed to providing more teachers to our primary schools over the next five years in order to reduce class sizes. We will also continue our focus on measures

1049 Questions— 12 February 2008. Written Answers

[Deputy Mary Hanafin.] to improve the quality of education in our primary schools to ensure that increased resources lead to better outcomes for our children.

Schools Building Projects. 463. Deputy Brian Hayes asked the Minister for Education and Science the position regarding those school building projects that have been sanctioned and completed to the tender process, and which are not included in her recent announcements; the reason these projects have been delayed; the expected time frame involved for when they will be allowed to advance to completion; the exact number of projects under the school building projects programme which have been sanctioned and completed to the tender process and which are not included in her recent announcement; and if she will make a statement on the matter. [4663/08]

Minister for Education and Science (Deputy Mary Hanafin): Under the National Develop- ment Plan there is \4.5 billion assigned to the capital requirements of the Primary and Post- Primary sectors. Just under \600 million will be spent this year on school buildings. The progression of all large scale building projects from initial design stage through to construction phase is considered on an on-going basis in the context of my Department’s Multi-Annual School Building and Modernisation Programme in which the main focus is to deliver school places within rapidly developing areas. The progression of all school building projects will be considered in this context. I announced recently a list of schools which are due to go to construction in 2008. I intend to make further announcements regarding projects that will be proceeding to construction during the course of the year as the school building programme is rolled out. The next announcement will occur after Easter.

464. Deputy Kathleen Lynch asked the Minister for Education and Science when work will commence on the redevelopment of a school (details supplied) in County Cork; and if she will make a statement on the matter. [4664/08]

Minister for Education and Science (Deputy Mary Hanafin): The commencement and progression of all large scale building projects from initial design stage through to construction phase, including this project, is considered on an ongoing basis in the context of my Depart- ment’s Multi-Annual School Building and Modernisation Programme. The Deputy can be assured that my Department will continue to ensure that building projects such as the one in question will be commenced and delivered within the earliest possible timeframes. Officials from my Department will be in contact with the school authorities when the Department is in a position to authorise progression of this project.

Question No. 465 answered with Question No. 442.

School Accommodation. 466. Deputy Sea´nO´ Fearghaı´l asked the Minister for Education and Science if, further to her reply to Parliamentary Questions Nos. 355 and 357 of 22 February 2006, she will indicate the progress that has subsequently taken place in relation to the reconfiguration of primary education facilities in the town concerned; the level of engagement that has taken place in the same period between the planning unit of her Department and the relevant school authorities; and if she will make a statement on the matter. [4674/08]

1050 Questions— 12 February 2008. Written Answers

Minister for Education and Science (Deputy Mary Hanafin): Discussions are ongoing with the authorities of the schools to which the Deputy refers in relation to their long term accommodation needs. As part of this process, meetings have also taken place with the local authority with a view to ensuring that the appropriate level of educational provision is made in the context of planned housing developments. The Department expects to be in a position to make a decision on the long term needs of the area shortly and will have further discussions with school management authorities at that stage.

Schools Building Projects. 467. Deputy Sea´nO´ Fearghaı´l asked the Minister for Education and Science the status of the building project at a school (details supplied) in County Kildare; when construction will commence at this location; and if she will make a statement on the matter. [4675/08]

Minister for Education and Science (Deputy Mary Hanafin): An application for permanent accommodation has been received from the school in question. Delivery of all building projects, including the project in question, will be considered in the context of my Department’s multi- annual School Building and Modernisation Programme. Accommodation remains the Patron’s responsibility until the Department is in a position to provide permanent accommodation.

468. Deputy Sea´nO´ Fearghaı´l asked the Minister for Education and Science the status of the building project at a school (details supplied) in County Kildare; when construction will commence at this location; and if she will make a statement on the matter. [4676/08]

Minister for Education and Science (Deputy Mary Hanafin): The school referred to by the Deputy is one of six schools that make up the Second Bundle of the Department’s current Public Private Partnership Programme. This bundle consists of Bantry Community College, Kildare Town Community School, Abbeyfeale Community College, Limerick, Athboy Com- munity School, Wicklow Town Community College and Gaelscoil Bheanntraı´. Work on the preparation of Output Specifications and the Public Services Benchmark (PSB) is nearing completion. Outline planning permission has been obtained for five of the six schools and a notification of a decision to grant outline permission has been received in respect of the sixth school. It is envisaged that this second bundle will be handed over to the National Development Finance Agency (NDFA) in late March 2008 to commence the procurement process.

469. Deputy Sea´nO´ Fearghaı´l asked the Minister for Education and Science the status of the building project at a school (details supplied) in County Kildare; when construction will commence at this location; and if she will make a statement on the matter. [4677/08]

Minister for Education and Science (Deputy Mary Hanafin): This project is at an advanced stage of architectural planning. Delivery of all building projects, including Athy Community College, Co Kildare, will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. I intend to make further announcements during the year of projects to proceed to construction as my Department’s building programme is rolled out.

470. Deputy Sea´nO´ Fearghaı´l asked the Minister for Education and Science the status of the building project at a school (details supplied) in County Kildare; when construction will commence at this location; and if she will make a statement on the matter. [4678/08]

Minister for Education and Science (Deputy Mary Hanafin): The process of appointing a design team to the school building project referred to by the Deputy is at an advanced stage.

1051 Questions— 12 February 2008. Written Answers

[Deputy Mary Hanafin.] The commencement and progression of all large scale building projects from initial design stage through to construction phase, including this project, is considered on an ongoing basis in the context of my Department’s Multi-Annual School Building and Modernisation Programme. The Deputy can be assured that my Department will continue to ensure that building projects such as the one in question will be commenced and delivered within the earliest possible timeframes. Officials from my Department will be in contact with the school authorities when the Department is in a position to authorise progress of this project.

471. Deputy Sea´nO´ Fearghaı´l asked the Minister for Education and Science the status of the building project at a school (details supplied) in County Kildare; when construction will commence at this location; and if she will make a statement on the matter. [4679/08]

Minister for Education and Science (Deputy Mary Hanafin): I am pleased to advise the Deputy that a tender was accepted for the school building project in question and construction was commenced recently.

472. Deputy Sea´nO´ Fearghaı´l asked the Minister for Education and Science the status of the building project at a school (details supplied) in County Kildare; when construction will commence at this location; and if she will make a statement on the matter. [4680/08]

Minister for Education and Science (Deputy Mary Hanafin): The project for the school in question is at tender stage. Delivery of all building projects, including Scoil Bhrı´de, Nurney will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. I intend to make further announcements during the year of projects to proceed to construction as my Department’s building programme is rolled out.

Schools Recognition. 473. Deputy Brian Hayes asked the Minister for Education and Science the number of schools here to which her Department has granted temporary recognition; the schools granted temporary recognition on a county basis; the length of time that each school has been granted temporary recognition by her; and if she will make a statement on the matter. [4688/08]

Minister for Education and Science (Deputy Mary Hanafin): The information sought by the Deputy is not readily available. However, if the Deputy has a query in relation to a specific school he can contact my officials in the Department who will be happy to assist in this regard. In general new schools initially operate with provisional recognition from my Department. During the period of provisional recognition, it is the responsibility of the school patron to provide interim accommodation. This accommodation must be capable of fully meeting the needs of the developing school until permanent recognition has been secured and my Depart- ment is in a position to provide permanent accommodation. While schools with temporary recognition do not qualify for capital funding, my Department does provide grant aid for the rental of interim accommodation. It is open to a school to seek an increase in this rental as its needs develop. The following are the criteria for recognition of new primary schools. There must be evidence that:

• The proposed school meets a need that cannot reasonably be met within existing provision.

1052 Questions— 12 February 2008. Written Answers

• The local community is consulted in advance.

• The patron has been registered as such by the Minister for Education and Science.

• A board of management will be appointed in accordance with the requirements of the Department of Education and Science.

• The Rules for National Schools will be complied with.

• The proposed school has a minimum initial enrolment of 17 junior infants and a minimum projected enrolment of 51 pupils for the third year of operation.

• All pupils are at least four years of age on 30th September of the year in which the school is due to commence operation.

• The school will follow the Primary School Curriculum of my Department. — The school will employ recognised primary school teachers. A school may apply for permanent recognition when it has complied with all the conditions of temporary recognition. The period of temporary recognition may vary from school to school.

474. Deputy Brian Hayes asked the Minister for Education and Science the reason a school (details supplied) in Dublin 4 that was granted temporary recognition in 1999 with the clearly expressed view from officials within her Department that this recognition should exist for a period of one or two years maximum, still has temporary recognition status; if her attention has been drawn to the issues that have been raised by the Revenue Commissioners in connection with the misuse of charitable status obtained by this school; the discussions she has had with the Department of Finance in connection with this matter; and if she will make a statement on the matter. [4689/08]

Minister for Education and Science (Deputy Mary Hanafin): The school referred to by the Deputy currently has temporary recognition. Amongst the factors to be considered for the granting of permanent recognition are the long-term viability of the school, the current and projected enrolments, suitability of accommodation and that the school is operating in accordance with the Rules for National Schools. Accommodation remains the Patron’s responsibility until the Department is in a position to provide permanent accommodation, assuming the school achieves permanent recognition. The issuing of Charitable Status to a school/organisation is a matter for the Revenue Commissioners.

Youth Services. 475. Deputy Fergus O’Dowd asked the Minister for Education and Science the position regarding the application for funding for a centre (details supplied) in County Louth; and if she will make a statement on the matter. [4690/08]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): My Department has received an application for funding in 2008 from the centre in question. Pend- ing completion of the 2008 funding allocations process and owing to budgetary constraints and the high level of existing commitments in the sector, I am not in a position to make any commitments with regard to funding for new Youth Information Centres.

Schools Building Projects. 476. Deputy Noel J. Coonan asked the Minister for Education and Science if an application has been received from a school (details supplied) in County Tipperary for capital grant aid

1053 Questions— 12 February 2008. Written Answers

[Deputy Noel J. Coonan.] under the summer works scheme 2008; when she expects the application to be processed; and if she will make a statement on the matter. [4731/08]

Minister for Education and Science (Deputy Mary Hanafin): As the Deputy may be aware, the Summer Works Scheme was introduced in 2004. Since then, over 3,000 projects costing in excess of \300 million have been completed. With so many smaller projects having been completed over the past few years, I intend to focus on delivering as many large projects as possible in 2008. There will not, therefore, be a new Summer Works Scheme as part of our building programme this year. The new NDP 2007-2013 will involve an investment of over \4.5 billion in school buildings, including almost \600 million this year alone. This funding will enable my Department to continue to take a proactive approach to the provision of modern school accommodation and target funding, as appropriate, in order to ensure that additional school accommodation is provided in developing areas within the earliest possible timeframes.

477. Deputy Noel J. Coonan asked the Minister for Education and Science the applications received from County Tipperary schools for capital grant aid under the summer works scheme 2008; when she expects the applications to be processed; and if she will make a statement on the matter. [4732/08]

Minister for Education and Science (Deputy Mary Hanafin): As the Deputy may be aware, the Summer Works Scheme was introduced in 2004. Since then, over 3,000 projects costing in excess of \300 million have been completed. With so many smaller projects having been completed over the past few years, I intend to focus on delivering as many large projects as possible in 2008. There will not, therefore, be a new Summer Works Scheme as part of our building programme this year. The new NDP 2007-2013 will involve an investment of over \4.5 billion in school buildings, including almost \600 million this year alone. This funding will enable my Department to continue to take a proactive approach to the provision of modern school accommodation and target funding, as appropriate, in order to ensure that additional school accommodation is provided in developing areas within the earliest possible timeframes.

478. Deputy Noel J. Coonan asked the Minister for Education and Science the position in relation to a school building project design team appointment in a school (details supplied) in County Tipperary; the reason for the delay in processing this application; the further reason the project has been put on hold; and if she will make a statement on the matter. [4734/08]

479. Deputy Noel J. Coonan asked the Minister for Education and Science the status of an application for grant aid for major capital works for a school (details supplied) in County Tipperary; when she expects a decision to be made; if her attention has been drawn to the urgency of this application; and if she will make a statement on the matter. [4735/08]

1054 Questions— 12 February 2008. Written Answers

Minister for Education and Science (Deputy Mary Hanafin): As the Deputy will be aware, all applications for large scale capital funding, including the application in question are assessed against published prioritisation criteria and assigned a band rating. This proposed project has been assigned a Band 2 rating. Progress on projects will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme consistent with its band rating.

Psychological Service. 480. Deputy Michael Ring asked the Minister for Education and Science when a child (details supplied) in County Mayo will be called for a psychological assessment; and when an individual education plan will be implemented for this child. [4737/08]

Minister for Education and Science (Deputy Mary Hanafin): I have had enquiries made in this matter and understand that the child referred to in the Deputy’s question has already been assessed by the clinical services of the HSE, who remain involved in this case. My Department’s National Educational Psychological Service are aware of the situation and the locally assigned psychologist is available, upon request from school authorities, to give advice and assistance in the matter.

School Accommodation. 481. Deputy Joanna Tuffy asked the Minister for Education and Science if she will report on the shortage of second level school places in Balbriggan; if she will provide an assurance that pupils leaving feeder primary schools will have school places in September 2008; and if she will make a statement on the matter. [4744/08]

Minister for Education and Science (Deputy Mary Hanafin): As the Deputy will be aware Fingal is one of the most rapidly expanding areas in the country, with Balbriggan in particular experiencing huge population growth. The Commission on School Accommodation recommended that the Department monitor post primary education provision in the area closely, to ensure that the requisite number of places be provided in a timely manner and in line with housing developments. To this end the Department is currently in the process of acquiring a site under the Fingal School Model Agreement, for the provision of education facilities. This site, located at Castlelands, will, in the long term, provide two sixteen classroom primary schools and a one thousand pupil post primary school subject to conclusion of the legalities surrounding site acquisition and planning permission thereafter. There are currently two post primary schools serving the Balbriggan area. Both of these schools have applied for extensions, one of which is at the advanced stages of architectural planning. These projects will be considered in the context of the multi annual School Building and Modernisation Programme.

Departmental Bodies. 482. Deputy Mary Upton asked the Minister for Education and Science the progress on the establishment of Education Ireland, the body responsible for promoting Ireland as an international destination for education and English language schools; if there are plans to develop a strategic plan for the English as a foreign language sector in view of its worth to the economy here; and if she will make a statement on the matter. [4777/08]

Minister for Education and Science (Deputy Mary Hanafin): Progress is ongoing on the implementation of the recommendations of the Report of the Internationalisation of Irish Edu-

1055 Questions— 12 February 2008. Written Answers

[Deputy Mary Hanafin.] cation Services, including the establishment of Education Ireland, a new body with responsibility for promoting the development of Ireland as a centre of excellence for international education. The Government is committed to establishing Education Ireland as soon as possible and preparations are well advanced to establish the body in the first instance as a limited company. Draft legislation is also being prepared with the intention of establishing it on a statutory basis during 2008. The promotion and development of the English language sector will be a key responsibility for Education Ireland, working in collaboration with the other relevant statutory agencies and providers. Education Ireland will prepare, and submit to me, strategic plans for the development of international education services, including the English language sector. They will also have the critical responsibility of regulating and quality-assuring international education services, including the English language sector.

Departmental Staff. 483. Deputy Arthur Morgan asked the Minister for Education and Science the number of agency workers employed by her Department and by State agencies which fall under the auspices of her Department. [4783/08]

Minister for Education and Science (Deputy Mary Hanafin): My Department presently does not have any contractual arrangements with employment agencies for staffing services. In relation to State agencies that come within my Department’s remit, this information is not readily available and I have requested officials at my Department to contact these bodies in order to clarify the position. I will forward the information to the Deputy in due course.

Question No. 484 answered with Question No. 455.

Schools Recognition. 485. Deputy Pat Breen asked the Minister for Education and Science, further to Parliamen- tary Question No. 713 of 26 September 2007, the status of an application by a school (details supplied) in County Clare; and if she will make a statement on the matter. [4811/08]

Minister for Education and Science (Deputy Mary Hanafin): I am pleased to inform the deputy that I have granted provisional recognition with effect from 1 September 2008 for the school in question.

Schools Building Projects. 486. Deputy Joanna Tuffy asked the Minister for Education and Science the position regarding plans to build a new primary school in Clonburris, Clondalkin, Dublin 22; when it is expected that this school will commence construction; the number of school places that will be provided; the schools catchment area; and if she will make a statement on the matter. [4822/08]

Minister for Education and Science (Deputy Mary Hanafin): As the Deputy will be aware, this is a rapidly developing area. In that context my Department intends to provide a new primary school in Clonburris from September 2008. As part of the delivery of additional school places, an 8 classroom off-site constructed school will be provided on the Clonburris site as Phase 1 for September 2008.

Site Acquisitions. 487. Deputy Sea´nO´ Fearghaı´l asked the Minister for Education and Science if in view of her

1056 Questions— 12 February 2008. Written Answers

Department’s decision to acquire land for a post-primary school in an area (details supplied) in County Kildare her Department will also seek sufficient land to provide for primary school accommodation as may be required; if the planning unit of her Department has reached final conclusions in relation to the nature of future primary provision in this area; and if she will make a statement on the matter. [4830/08]

488. Deputy Sea´nO´ Fearghaı´l asked the Minister for Education and Science if the protracted negotiations in relation to the acquisition of a site for a school (details supplied) in County Kildare have been concluded in a reasonable timeframe; if in the event of progress not being possible an alternative site or sites will be sourced; and if she will make a statement on the matter. [4831/08]

Minister for Education and Science (Deputy Mary Hanafin): I propose to take Questions Nos. 487 and 488 together. My Department has identified a suitable site for the school in question and negotiations are ongoing for the acquisition of same. When the site is secured, the proposed building project for the school will be considered for progression in the context of my Departments Multi- Annual School Building and Modernisation Programme. The question of the future provision of primary school facilities in the town is under review at present in the light of existing provision and projected future requirements.

Institutes of Technology. 489. Deputy Brian O’Shea asked the Minister for Education and Science if the Dr. Jim Port report on the submission of Waterford Institute of Technology for upgrading to university status is supportive of the WIT submission; and if she will make a statement on the matter. [4832/08]

Minister for Education and Science (Deputy Mary Hanafin): In March 2007, Dr Jim Port, JM Consulting was appointed to conduct a preliminary examination of the WIT application having regard to:

(i) the national strategy for the development of Irish higher education,

(ii) the implications for regional development in the South-East in the context of the National Spatial Strategy, and

(iii) any likely implications for the overall structure of higher education in Ireland.It is expected that consideration of Waterford IT’s proposal and the report on it by Dr Port will conclude in the coming weeks.

Capitation Grants. 490. Deputy Ruairı´ Quinn asked the Minister for Education and Science if arising from the Government decision regarding local authorities and the water rate charges for schools she will increase the capitation grant per pupil retrospectively by \3 for the year 2007 and by \3.50 for 2008; if she will provide an additional \4 charge for 2009; and if she will make a statement on the matter. [4845/08]

497. Deputy Ruairı´ Quinn asked the Minister for Education and Science the steps, in view of the joint presentation (details supplied) on the issue of water charges, that have been taken by her Department to co-operate in the implementation of the Government decision of 4

1057 Questions— 12 February 2008. Written Answers

[Deputy Ruairı´ Quinn.] January 2008 to fix a per capita charge of \3 per pupil for 2007, \3.50 per pupil for 2008 and \4 per pupil for 2009; and if she will make a statement on the matter. [4853/08]

Minister for Education and Science (Deputy Mary Hanafin): I propose to take Questions Nos. 490 and 497 together. The cost pressures on schools are taken into account by my Department in determining the levels of annual increases in the capitation grants paid to schools to meet their day to day running costs. Primary schools are now receiving \178 per pupil from my Department to meet their day to day running costs — an increase of nearly 70% on the 2002 rate of \105 and \33 more per child than they received in 2006. Furthermore enhanced rates of capitation funding are paid in respect of children with special educational needs who attend special schools or special classes attached to mainstream schools. The current rates range from \457 to \880 per pupil — an increase of 42% from the rate in 2006. As the Deputy will be aware, we are committed to doubling the capitation grant for primary schools over a five year period. The Deputy will be also be aware that there have been significant improvements in recent years in the level of funding for voluntary secondary schools. With effect from January 2008, the standard per capita grant was increased by \15 per pupil and now amounts to \331 per pupil. In addition, voluntary secondary schools have benefited by the increase of \15 per pupil in 2008 in the support services grant, bringing that grant to \204 per pupil. The cumulative increase of \30 per pupil in a voluntary secondary school brings the aggregate grant to \535 per pupil. These grants are in addition to the per capita funding of up to \40,000 per school that is also provided by my Department to secondary schools towards secretarial and caretaking services. For example, in the case of a secondary school with 500 pupils, this brings annual grants towards general expenses and support service to over \300,000. Budget allocations for schools in the Community and Comprehensive school sector, along with those in the VEC sector, are increased on a pro rata basis with increases in the per capita grant. All schools are eligible for recurrent per capita grants towards special classes and curricular support grants. An information package is currently being prepared for schools on the most appropriate measures to minimise excess consumption of water and to reduce wastage where it exists. As part of this exercise, technical guidance and specifications for the most common problems that are likely to arise in this area will be provided. In addition, water conservation issues will continue to be addressed by my Department as a matter of routine where new schools are being built or where major renovations are being carried out to existing schools under the schools modernisation programme. The Department of the Environment, Heritage and Local Government will advise local authorities of the detailed arrangements which will be put in place to implement the decision on water charges for schools.

Water Charges. 491. Deputy Ruairı´ Quinn asked the Minister for Education and Science if her Department’s building unit, based in Tullamore, will prepare advice and technical assistance for the 3,300 primary schools with respect to the installation of water meters on their premises as a conservation measure in line with the recent Government decision regarding water charges and local authorities; if officials will be available if requested by boards of management to undertake a conservation audit of their building with a view to reducing unnecessary water usage; and if she will make a statement on the matter. [4846/08]

1058 Questions— 12 February 2008. Written Answers

Minister for Education and Science (Deputy Mary Hanafin): The Deputy will appreciate that the installation of water meters in schools is a matter for my colleague the Minister for the Environment, Heritage and Local Government in conjunction with individual local authorities. I am anxious to enable schools to conserve water and keep their bills as low as possible. An information package is currently being prepared for schools on the most appropriate measures to minimise excess consumption of water and to reduce wastage where it exists. As part of this exercise, technical guidance and specifications for the most common problems that are likely to arise in this area will be provided. Water conservation issues will continue to be addressed by my Department as a matter of routine where new schools are being built or where major renovations are being carried out to existing schools under the schools modernisation programme. Measures such as the use of low-pressure spray taps on wash hand basins, dual flushing units on toilets and push button type shower controls are generally used. In November 2007 the Minister for Environment, Heritage and Local Government, Mr. John Gormley TD, through Dublin City Council, launched a “Conserve Water in Schools’ campaign which involved giving all schools in Dublin City a present of a water butt to collect rain water for use in school gardens and free “hippo bags” to put in toilet cisterns that will automatically reduce the amount of water used with each flush. A “Conserve Water in Schools Resource Pack” was launched which shows children how they can get involved in conserving water and put a stop to water wastage in their schools. The school pack shows children how to audit the amount of water used in their school and how to devise a plan of action to reduce water usage and to stop wastage. Action sheets in the pack encourage pupils to keep up their good water conservation habits and show them how to monitor and evaluate their own school’s Plan of Action on an ongoing basis. All schools everywhere can get involved by downloading the schools’ pack from the council’s website, www.dublincity.ie.

Pupil-Teacher Ratio. 492. Deputy Ruairı´ Quinn asked the Minister for Education and Science if she is satisfied that the intake of trainee teachers to the various centres for teacher education is sufficient to meet the projected needs of the primary school system as calculated within her Department in order to reduce the pupil teacher ratio; the additional measures she proposes to take in order to ensure, in good time, an adequate supply of trained teachers; and if she will make a statement on the matter. [4847/08]

Minister for Education and Science (Deputy Mary Hanafin): The level of student intake to the Colleges of Education is determined annually by my Department and it takes account of the supply of — and demand for — primary teachers. The number of students expected to graduate from the 2007/2008 academic year, from the Colleges of Education are as follows:

• Church of Ireland College of Education, Rathmines: 31

• Colaiste Mhuire, Marino: 150

• Froebel College of Education, Blackrock: 123

• St. Patrick’s College, Drumcondra: 532

• Mary Immaculate College, Limerick: 539

• Hibernia College (On-line): 515

1059 Questions— 12 February 2008. Written Answers

[Deputy Mary Hanafin.]

The intake into the Colleges of Education in future years will continue to be kept under review by my Department to ensure that there is an adequate supply of teachers. The Deputy will be aware that for the intake to the 2008 post graduate diploma in education (for primary teaching) my Department approved an additional 210 places in addition to the 2007/08 figure of 299 places.

Schools Building Projects. 493. Deputy Ruairı´ Quinn asked the Minister for Education and Science in respect to the 30 schools that were contacted by her Department before budget 2008 requesting them to put a hold on their building projects, if communications have resumed with these schools; if clearance to proceed to the next stage of construction was granted; when that information was conveyed and in what form; and if she will make a statement on the matter. [4848/08]

Minister for Education and Science (Deputy Mary Hanafin): Under the National Develop- ment Plan there is \4.5 billion assigned to the capital requirements of the Primary and Post–- Primary sectors. Just under \600 million will be spent this year on school buildings. The progression of all large scale building projects from initial design stage through to construction phase is considered on an on-going basis in the context of my Department’s Multi-Annual School Building and Modernisation Programme in which the main focus is to deliver school places within rapidly developing areas. The progression of all school building projects will be considered in this context. I announced recently a list of schools which are due to go to construction in 2008. I intend to make further announcements regarding projects that will be proceeding to construction during the course of the year as the school building programme is rolled out. The next announcement will occur after Easter.

School Staffing. 494. Deputy Ruairı´ Quinn asked the Minister for Education and Science the system she has of monitoring the appointment of primary school principals in the 3,300 primary schools; the way her Department is notified of a vacancy occurring from the death or the retirement of a primary school principal; the onus of responsibility on her Department and that of the board of management to seek to appoint a replacement principal; the procedures associated with this course of action including the relevant circular pertaining to the appointment of primary principals; and if she will make a statement on the matter. [4849/08]

Minister for Education and Science (Deputy Mary Hanafin): Under the terms of the Edu- cation Act, 1998, the Board of Management of a primary school is responsible for the recruitment, selection and appointment of all teachers to a school, including principal teachers. Vacan- cies and subsequent appointments are notified to my Department by the Board of Management. The procedures for the appointment of a principal teacher are set out in Appendix D of the publication, Boards of Management Constitution of Boards and Rules of Procedure (revised November, 2007), copies of which are available in all primary schools to the Board of Manage- ment members and is also on my Department website, www.education.ie. The eligibility criteria for principal teacher posts are outlined in Department Circular 02/02 and the advertising procedures are also set out in Department Circular 19/05, both available on my Department website.

1060 Questions— 12 February 2008. Written Answers

Special Educational Needs. 495. Deputy Ruairı´ Quinn asked the Minister for Education and Science the number of special educational needs organisers that are working for the National Council for Special Education under the aegis of her Department; the location of their employment; the number of special needs assistants that work in the 3,300 primary schools; and if she will make a statement on the matter. [4850/08]

Minister for Education and Science (Deputy Mary Hanafin): I wish to advise the Deputy that there are 82 Special Educational Needs Organiser (SENO) posts in the National Council for Special Education (NCSE). Three of these posts are vacant and the NCSE has advised that it has initiated the recruitment process to fill these vacancies. The SENOs are deployed by the NCSE throughout the State to provide a nationwide service. Each SENO works in an assigned local area with parents, schools, teachers, psychologists, health professionals and other staff who are involved in the provision of services in that area for children with special educational needs. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child’s special educational needs, using the contact details available on www.ncse.ie. Enormous progress has been made in relation to increasing the number of special needs assistants (SNAs) in our schools who specifically cater for the care needs of children with special educational needs. There are currently over 8,000 whole time equivalent SNAs in our primary schools supporting children with special care needs.

School Staffing. 496. Deputy Ruairı´ Quinn asked the Minister for Education and Science if she has rejected the recommendation made by the task force report regarding the need to make provision for laboratory technicians and assistants in second level schools; if so, the reason for same; and if she will make a statement on the matter. [4851/08]

Minister for Education and Science (Deputy Mary Hanafin): The recommendation made by the Task Force on the Physical Sciences in relation to providing laboratory technicians/assistants in second-level schools, was costed, in 2002 prices, at \18.8m annually. The current cost of such provision is estimated at c.\24.6m for science subjects only, but could exceed \120m annually if applied to other practical subjects. While I believe that the provision of lab assistants would lead to demands for similar assistance in other subjects with a strong practical component, the Government is committed under the Strategy for Science, Technology and Innovation to re-visit the issue in the light of available resources. However, at the current time, resources for this are not available. As the Deputy will be aware, the Strategy for Science, Technology and Innovation 2006 to 2013 sets out a range of measures to further strengthen science teaching and learning and improve the uptake of senior cycle Physics and Chemistry. These include ensuring that the project based hands-on investigative approach now in place at junior cycle is extended to senior cycle, that the appropriate type of assessment is used and that there is an emphasis on the inter-disciplinary nature of science in society. Other aspects of the Plan include:

• reviewing the implementation of the primary science curriculum to ensure its effectiveness in stimulating interest and awareness in science at a very young age,

• strengthening teacher training in this area

• reforming maths and Leaving Certificate Physics and Chemistry curricula

1061 Questions— 12 February 2008. Written Answers

[Deputy Mary Hanafin.]

• promotion of science initiatives in Transition Year; and

• the provision of information and brochures on science opportunities and

• careers, linking effectively with school guidance services.

Taken together, the comprehensive set of measures provided for in the SSTI will build on the improvements made in recent years and ensure even greater support for science education.

Question No. 497 answered with Question No. 490.

Schools Building Projects. 498. Deputy Jimmy Deenihan asked the Minister for Education and Science the names of the proposed new primary schools at stage six of the planning stage; and if she will make a statement on the matter. [4941/08]

Minister for Education and Science (Deputy Mary Hanafin): The information sought by the Deputy is not readily available. However, if the Deputy has a query in relation to a specific school he can contact my officials in the Department who will be happy to assist in this regard. Under the National Development Plan there is \4.5 billion assigned to the capital requirements of the Primary and Post–Primary sectors. Just under \600 million will be spent this year on school buildings. The progression of all large scale building projects from initial design stage through to construction phase is considered on an on-going basis in the context of my Depart- ment’s Multi-Annual School Building and Modernisation Programme in which the main focus is to deliver school places within rapidly developing areas. The progression of all school building projects will be considered in this context. I announced recently a list of schools which are due to go to construction in 2008. I intend to make further announcements regarding projects that will be proceeding to construction during the course of the year as the school building programme is rolled out. The next announcement will occur after Easter.

Schools Refurbishment. 499. Deputy Tom Hayes asked the Minister for Education and Science when sufficient funding will be provided to a school (details supplied) in County Tipperary. [4957/08]

Minister for Education and Science (Deputy Mary Hanafin): As part of the expansion of the Small Schools Scheme, a grant was sanctioned to enable the Board of Management of the school in question to extend and refurbish their school. The initiative allows Boards of Manage- ment to address their accommodation and building priorities with a guaranteed amount of funding and gives Boards of Management control of the building project. The school authorities have received planning permission for their project and are at tender stage at present. 70% of the grant will be paid to the school’s bank account when the contractor is on site and has commenced construction.

Water Charges. 500. Deputy Mary O’Rourke asked the Minister for Education and Science the arrangements for water payments for primary schools and secondary level schools. [4962/08]

1062 Questions— 12 February 2008. Written Answers

Minister for Education and Science (Deputy Mary Hanafin): On 4th January 2008, details were announced by Government of the transitional arrangements which will apply for schools water services as part of the implementation of the EU Water Framework Directive. This statement reiterated the Governments commitment to full implementation of the Directive, which has as its objective the promotion of water conservation and the efficient use of water as an important and scarce natural resource. The legal advice available to the Government is that under the EU Framework Directive all non-domestic users must pay for water used. Schools, like other non-domestic water services users, must pay water charges. This advice also confirms that schools will be required to pay the full cost of water services used on a metered basis with effect from 1st January 2010. The Directive also requires that measures are put in place up to 2010 to move towards full cost recovery. For the transition period the Government agreed that non-fee paying recognised schools will pay a flat rate per pupil fee as follows: 2007 — \3 per pupil, 2008 — \3.50 per pupil and 2009 — \4 per pupil enrolled. For 2007, charges applied based on metering will be recalculated on the transitional flat rate with a credit given for any excess payment. The Department of the Environment, Heritage and Local Government will advise local authorities of the detailed arrangements which will be put in place to implement this decision. These new arrangements afford schools the opportunity to put in place the necessary water conservation arrangements and practices and undertake necessary works to ensure that when full water charges are introduced in two years time schools will have significantly reduced their water usage and, by virtue of good water conservation, be in a much stronger position to meet their water charges. Those schools with very high water consumption will be identified and contacted with a view to introducing measures to help them reduce water usage. An information package is currently being prepared for schools on the most appropriate measures to minimise excess consumption of water and to reduce wastage where it exists. As part of this exercise, technical guidance and specifications for the most common problems that are likely to arise in this area will be provided. In addition, water conservation issues will continue to be addressed by my Department as a matter of routine where new schools are being built or where major renovations are being carried out to existing schools under the schools modernisation programme.

Pension Provisions. 501. Deputy Olwyn Enright asked the Minister for Education and Science if there are proposals to pay the pensions of retired vocational teachers through the vocational educational committees rather than the local authorities; her views on same; and if she will make a statement on the matter. [4971/08]

Minister for Education and Science (Deputy Mary Hanafin): A decision in principle was made some time ago that the payment of pensions and gratuities for VEC staff should transfer from the local authorities to the relevant Vocational Education Committees. My Department has been engaged in discussions with the Irish Vocational Education Association, with a view to the implementation of this decision. My Department is currently considering proposal received from the IVEA on the matter.

Schools Refurbishment. 502. Deputy Dinny McGinley asked the Minister for Education and Science if there is an application in her Department for the refurbishment and extension of a school (details

1063 Questions— 12 February 2008. Written Answers

[Deputy Dinny McGinley.] supplied) in County Donegal; and when it is expected that a grant will be approved in order that the project can commence. [5015/08]

Minister for Education and Science (Deputy Mary Hanafin): The school in question submitted an application under the Small Schools Scheme 2007 for additional accommodation/ refurbishment. Due to the volume of applications received in my Department at the time it was not possible to allocate funding to all proposed projects and the application from this school was not successful.

503. Deputy James Bannon asked the Minister for Education and Science if she will increase the grant towards the cost of providing a four teacher school and other facilities, such as those for special learning and sports at a school (details supplied) in County Longford; and if she will make a statement on the matter. [5021/08]

Minister for Education and Science (Deputy Mary Hanafin): As part of the expansion of the Small Schools Scheme, a grant of \484,000 was sanctioned to enable the management authority of the school in question to extend and modernise their school. The Small Schools Scheme allows Boards of Management to address their accommodation and building priorities with a guaranteed amount of funding and gives Boards of Management control of the building project. The intention of the scheme is to provide funding to schools to enable them to undertake wanted building projects. The scheme is not intended to leave schools with significant fundraising needs but for the school to tailor the scope of capital works commissioned to the available funding. A central tenet of the scheme is that the schools, granted discretion and funding, must equally accept responsibility for prioritisation, adherence to statutory regulations, control of costs and ensuring value for money. The decision on whether to continue participating in the scheme or to drop out, if the scope of build is more than the funding envelope permits, is a matter for each school authority. The current position is that the school management have applied for planning permission and are awaiting a decision.

School Accommodation. 504. Deputy Pat Breen asked the Minister for Education and Science when a technical visit will be carried out at a school (details supplied) in County Clare; and if she will make a statement on the matter. [5059/08]

Minister for Education and Science (Deputy Mary Hanafin): An application for capital funding has been assessed and the long term projected staffing, on which the schools future accommodation needs has been determined and notified to the school authority. In order to determine how best to provide for the schools accommodation needs, it will be necessary to have a technical assessment of the existing buildings carried out. My officials will be in contact with the school authority in due course to arrange a time for this visit. Once this technical assessment is completed, the building project required to deliver the additional accommodation will be considered in the context of the School Building and Modernisation Programme.

Data Protection. 505. Deputy Leo Varadkar asked the Minister for Education and Science if she has been informed by any of the agencies attached to her Department, if those agencies have lost or had stolen from them any disks, laptops or memory storage devices containing personal information regarding members of the public; and if she will make a statement on the matter. [5073/08]

1064 Questions— 12 February 2008. Written Answers

Minister for Education and Science (Deputy Mary Hanafin): Education related agencies have been asked to confirm whether any disks, laptops or memory storage devices containing personal information have been lost or stolen. The information will be forwarded to the Deputy as soon as it is available.

Special Educational Needs. 506. Deputy Finian McGrath asked the Minister for Education and Science the position regarding a matter (details supplied). [5114/08]

Minister for Education and Science (Deputy Mary Hanafin): The Deputy will be aware of my commitment to ensuring that all children including those with special needs can have access to an education appropriate to their needs preferably in school settings through the primary and post primary school network. This facilitates access to individualised education programmes, fully qualified professional teachers who have received additional training in autism, special needs assistants, and the appropriate school curriculum with the option where possible of full/partial integration and interaction with other pupils. As each child with autism is unique it is important that children have access to a range of methods so their broader needs can be met. In excess of 275 autism-specific classes have now been approved around the country at primary and post primary level by my Department in conjunction with National Council Special Education (NCSE), while more are being set up as required. At primary level there are a maximum of six children in each special class with a teacher and at least two special needs assistants. Extra assistants are provided where the children need them on a case by case basis. My Department is currently funding a number of ABA pilot schemes which was established in the absence of this network of special classes in our schools. The Deputy will be aware that the Programme for Government commits to the long-term funding for the centres that are currently in the ABA pilot programme subject to agreement with my Department on standards that will enable the Department to support them as primary schools for children with autism. I am pleased to advise that the issue is being actively progressed. In terms of autism provision in other locations, including the northside of Dublin, we will continue to work to ensure that all children can have access to a broad programme, with provision for ABA as appropriate, in special classes.

Site Acquisitions. 507. Deputy Sea´n Barrett asked the Minister for Education and Science when a decision will be made by officials of her Department on a green field site for the relocation of a school (details supplied) in Dublin 18 to provide for a growing demand for school places and due to the inability to accommodate 24 classrooms on the current site; and if she will make a statement on the matter. [5150/08]

Minister for Education and Science (Deputy Mary Hanafin): I wish to advise the Deputy that the Department are in on-going contact with the relevant authorities regarding the issue in question.

School Accommodation. 508. Deputy Charles Flanagan asked the Minister for Education and Science when her Department will appoint the conservation architect to a school (details supplied) in County Carlow; and if she will make a statement on the matter. [5177/08]

1065 Questions— 12 February 2008. Written Answers

Minister for Education and Science (Deputy Mary Hanafin): Schedules of overall accommodation for the school to which the Deputy refers have been agreed to cater for a long term projected enrolment of 450 pupils. I have approved the appointment of a conservation architect and the school has been informed of this decision.

School Placement. 509. Deputy Michael McGrath asked the Minister for Education and Science if her Depart- ment can ensure a school place is secured for a child (details supplied) in County Cork. [5182/08]

Minister for Education and Science (Deputy Mary Hanafin): The compulsory school starting age in a National School is 6 years of age. Enrolment in individual schools is the responsibility of the managerial authority of those schools and my Department does not seek to intervene in decisions made by schools in such matters. My Department’s main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking places. This may result, however, in some pupils not obtaining a place in the school of their first choice. It is the responsibility of the managerial authorities of schools that are not in a position to admit all pupils seeking entry to implement an enrolment policy in accordance with the Edu- cation Act. In this regard a board of management may find it necessary to restrict enrolment to children from a particular area or a particular age group or, occasionally, on the basis of some other criterion. In formulating an admissions policy a school must, however, ensure it is lawful. In particular, it must act in accordance with section 7 of the Equal Status Act 2000. Where a Board of Management refuses to enrol a student in a school, the parent of the student or, where the student has reached 18 years of age, the student himself or herself, following the conclusion of any appeal procedures at school level, has a statutory entitlement under section 29 of the Education Act to appeal that decision to the Secretary General of the Department of Education and Science. A committee is established to hear the appeal with hearings conducted with a minimum of formality. In most cases appeals must be dealt with within 30 days. Where appropriate, the Secretary General may give whatever directions to the Board of Management that are considered necessary to remedy the matter complained of.

School Absenteeism. 510. Deputy John O’Mahony asked the Minister for Education and Science the breakdown of the figures for student absenteeism for both primary and post-primary schools in Mayo each year from 2002 to 2007; and if she will make a statement on the matter. [5184/08]

Minister for Education and Science (Deputy Mary Hanafin): The Education (Welfare) Act, 2000 established the National Educational Welfare Board (NEWB) as the single national body with responsibility for school attendance. The Act provides a comprehensive framework promoting regular school attendance and tackling the problems of absenteeism and early school leaving.The general functions of the Board are to ensure that each child attends a recognised school or otherwise receives a certain minimum education. Under the terms of the Education (Welfare) Act, 2000, one of the functions of the Board is to conduct and commission research into the reasons for non-attendance on the part of students and into the strategies and programmes designed to prevent it. Ongoing activities of the Board include the development of a Code of Behaviour Guidelines and Attendance Strategies for Schools. The first national data on school attendance has been collected and is being used to inform the Board’s work. In relation to the effectiveness of the service, it is encouraging to note research findings indicate that attendance at school in the areas where EWOs are working

1066 Questions— 12 February 2008. Written Answers intensively improved with the mean percentage of students absent 20 days or more having decreased by over 4% in 2004/05 compared with the previous year. The NEWB collects data for absences over 20 days. The first year for which data was collected on an individual county basis was for the 2004/05 school year. In relation to the Deputy’s specific question relating to student absenteeism in Mayo, I am informed by the Board that the data in the format requested is not available. However the analysis of data for Co Mayo in 2004/05 indicates that in the Primary Sector 9.2% of pupils were absent for 20 days or more, while at Post Primary level the corresponding figure was 17.1%. These figures compare favourably with the national average for pupils absent for more than 20 days which is 10% at primary level and 18.8% at post primary level. Analysis on the 2005/06 data has been carried out and the report is currently being prepared for publication by the NEWB. The 2006/2007 data has not yet been analysed. This government is determined to do all that is possible to ensure that every child gets all the opportunities and support they need to enable them to achieve their potential and participate fully in education. It must be remembered also that the service provided by the NEWB is just one aspect of the comprehensive framework that this Government has put in place to support schools, families and young people themselves. In this regard, extra supports targeted at young people in disadvantaged areas include both educational initiatives such as intensive literacy programmes and the provision of breakfast and homework clubs. In fact, in addition to the NEWB, there are currently in excess of 620 staff within the education sector in education disadvantage programmes of which over 130 are additional posts allocated under DEIS (Delivering Equality of Opportunity in Schools) the action plan for educational inclusion which provides for a standardised system for identifying levels of disadvantage and a new integrated School Support Programme (SSP). The School Completion Prog- ramme (SCP) is a preventative measure designed to combat issues of poor attendance and early school leaving. School attendance is a central objective of SCP with targeted interventions for children at risk of early school leaving through a variety of extra supports aimed at encouraging them to stay in school. These supports cover both educational and non-educational interventions and are provided during and outside of school time. The Home School Community Liaison Scheme (HSCL) works to involve parents in their children’s education which is a crucial component in convincing young people of the value of education. Work is ongoing to develop appropriate protocols for all agencies and services to work together in collaboration and to ensure that optimum use is made of the resources deployed.

Grant Payments. 511. Deputy John O’Mahony asked the Minister for Education and Science the grants available to a mature student who wishes to sit the leaving certificate exams in County Mayo; and if she will make a statement on the matter. [5185/08]

Minister for Education and Science (Deputy Mary Hanafin): My Department does not provide specific grants for mature students who wish to sit the leaving certificate exams. However, my Department funds a number of maintenance grant schemes for third level and PLC students. These are the Higher Education Grants Scheme, the Vocational Education Com- mittees’ Scholarship Scheme, the Third Level Maintenance Grants Scheme for Trainees and the Maintenance Grants Scheme for Students attending Post Leaving Certificate Courses. The Higher Education Grants Scheme is administered by the Local Authorities. The other three schemes are administered by the Vocational Education Committees. Under the terms of

1067 Questions— 12 February 2008. Written Answers

[Deputy Mary Hanafin.] these schemes, grant assistance is awarded to students who meet prescribed conditions of funding, including those which relate to age, residence, means, nationality and previous academic attainment. The Deputy may also be aware of the back to education allowance (BTEA), a second chance education opportunities scheme operated by the Department of Social and Family Affairs. It is designed to remove the barriers to participation in second and third level education, and encourages and facilitates people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the active work force. The Deputy may wish to ascertain the details of this scheme from my colleague, the Minister for Social and Family Affairs.

Site Acquisitions. 512. Deputy Joanna Tuffy asked the Minister for Education and Science the position regarding the need for an additional second level school for Lucan south; if a site has been identified for a school; when it is expected that this school will be completed; and if she will make a statement on the matter. [5211/08]

Minister for Education and Science (Deputy Mary Hanafin): My Department is conscious of the extent of housing developments in the Lucan area and the consequences which this has for school provision. Because of this, substantial additional accommodation has been provided in the area by my Department at both primary and post-primary level in recent years and this is set to continue for the foreseeable future. Based on current demographic trends, my Depart- ment anticipates that there will be a need for a further post-primary school in Lucan in the medium term and it has asked South Dublin County Council to identify a site for this development. A timeframe for the delivery of the school will be known when a suitable site has been identified and acquired. The local authority has a number of Local Area Plans in train and it is likely that we will be able to secure a site under this process. My Department is conscious of the lead-in period for the delivery of a post-primary school and it would be anxious to conclude the site issue as soon as possible. It will continue to engage with the local authority until this matter is resolved. In the meantime, my Department has increased capacity at the four existing post-primary schools to 3,000 places overall. The current combined enrolment is 2,500 which means that there is spare capacity for some 500 pupil places. A building project which is in train for Lucan Community College will further increase capacity by 200 pupil places. In addition to this, a building project for St Joseph’s College has been assessed and the project brief, which will provide an additional 200 pupils places, has been agreed. The combined total of extra places which will be available when these projects are completed will be 900 which is the equivalent to the size of a post primary school in its own right. These measures will assist in reducing pressure for pupil places in the short to medium term while the process of advancing the project for a new school continues.

Departmental Staff. 513. Deputy Phil Hogan asked the Minister for Education and Science if persons have been dismissed from the Civil Service since the provisions of the Civil Service Regulation Act 2005 were introduced; the number and grade of the persons concerned; and if she will make a statement on the matter. [5660/08]

Minister for Education and Science (Deputy Mary Hanafin): One officer of my Department has been dismissed under the provisions of the Civil Service Regulation (Amendment) Act

1068 Questions— 12 February 2008. Written Answers

2005. It would not be appropriate to specify the grade of the officer concerned, as such information may lead to the identification of the individual.

Departmental Expenditure. 514. Deputy Phil Hogan asked the Minister for Education and Science the amount paid to civil servants by way of travel, subsistence or overnight allowances or payments for each of the years 2002 to the end of 2007; and if she will make a statement on the matter. [5674/08]

Minister for Education and Science (Deputy Mary Hanafin): The attached tabular statement outlines official travel and subsistence costs for staff of the Department for the years 2002 — 2007. A substantial amount of the travel expenses paid by my Department relate to the work of the Schools Inspectorate.

Travel and Subsistance

Total amounts for Civil Servants employed by the Department of Education and Science from 2002-2007

Home Travel International Travel

Year \ Year \

2002 2,272,387.38 2002 292,695.95 2003 2,005,965.63 2003 491,573.72 2004 2,118,276.82 2004 416,735.09 2005 1,988,763.90 2005 445,484.58 2006 2,507,529.63 2006 379,015.89 2007 2,523,305.19 2007 342,884.27

Air Corps Property. 515. Deputy John Curran asked the Minister for Defence if flight activity at Baldonnel Aerodrome has increased over the past five years; if there is a restriction on night-time flights; if Baldonnel Aerodrome has been or is being used for the movement of United States troops and personnel; and if he will make a statement on the matter. [4548/08]

Minister for Defence (Deputy Willie O’Dea): There has been a decrease in flight activity at Casement Aerodrome, Baldonnel over the past five years. In 2003, there were 23,836 aircraft movements, while in 2007 there were 23,259 aircraft movements. The military authorities are committed to ensuring that the impact of their activities on the local population in the environs of Casement Aerodrome is kept to the minimum possible, and to this end a restriction is imposed on the Air Corps Flying Training School to ensure night flying training concludes before midnight. This night flying training, which is a necessary part of the Cadet Pilots Wings Syllabus, is typically undertaken for an average of three weeks per year. Casement Aerodrome facilitates the operation of the Ministerial Air Transport Service, the Garda Air Support Unit, Air Ambulance missions, etc. Night-time flying is required in the provision of these services by the Air Corps from time to time. Responsibility for the approval of overflights and landings at Irish airfields, including Casement Aerodrome, by foreign military aircraft lies with my colleague the Minister for Foreign Affairs. I am advised that the permissions granted to US military aircraft to land at Baldonnel in recent years relate to refuelling stops, training missions and for VIP and official visits. 1069 Questions— 12 February 2008. Written Answers

Departmental Staff. 516. Deputy Arthur Morgan asked the Minister for Defence the number of agency workers employed by his Department and by State agencies which fall under the auspices of his Depart- ment. [4782/08]

Minister for Defence (Deputy Willie O’Dea): In reply to the Deputy’s question I wish to state that there are no civilian agency workers employed by my Department or State Agencies which fall under the auspices of my Department. However, I am aware that from time to time agency nurses are employed in St. Bricin’s Hospital and in the Medical Facility in Collins Barracks, Cork. This would be on an ‘on-call’ basis to cover absences by both the military and civilian nursing staff and would average 48 working hours a week by an average of seven people a week.

Defence Forces Property. 517. Deputy Sea´n Sherlock asked the Minister for Defence if he will review his previous decision and allow a club (details supplied) to use the local army reserve hall as a training facility on the basis that the hall in question is not used on a full-time basis throughout the week and even with RDF equipment stored on the premises there still is ample room to facilitate the club; and if he will make a statement on the matter. [5063/08]

Minister for Defence (Deputy Willie O’Dea): The premises in question is a valuable resource for the Reserve Defence Forces located in the area. It is used throughout the year for training purposes and also acts as a control centre and staging point for military exercises undertaken in the locality. In addition, military equipment is stored on the premises. In view of the foregoing, I am still advised that this premises is only suitable for military use.

Departmental Records. 518. Deputy Martin Mansergh asked the Minister for Defence his views on authorising the release of pension application files by those who participated in the Easter Rising and War of Independence, in view of the historical value of these papers and the fact that practically all the applicants have at this stage passed on. [5206/08]

Minister for Defence (Deputy Willie O’Dea): An Taoiseach, Mr. Bertie Ahern, T.D., announced in the context of the 90th Anniversary celebrations of 1916 that the Government had decided to make the Military Pension Archive, covering the 1916 Rising and the War of Independence, available to historians and to the public. It is the intention of the Government that the records will be made available in good time for the 100th anniversary of the 1916 Rising in 2016. An Interdepartmental Working Group chaired by the Department of An Taoiseach was established in 2006 to progress this matter. My Department and the Defence Forces are represented on this Committee along with representatives of Department of Arts, Sports and Tourism, the OPW and the National Archive. This is a major project and considerable prepara- tory work has already been completed. In addition, my Department is in the process of recruiting professional archivists who will be dedicated to this project under the guidance of the inter-departmental Committee.

Departmental Staff. 519. Deputy Phil Hogan asked the Minister for Defence if persons have been dismissed from the Civil Service since the provisions of the Civil Service Regulation Act 2005 were introduced;

1070 Questions— 12 February 2008. Written Answers the number and grade of the persons concerned; and if he will make a statement on the matter. [5659/08]

Minister for Defence (Deputy Willie O’Dea): In reply to the Deputy’s question I wish to state that no Civil Servants were dismissed from my Department under the Civil Service Regu- lation Act 2005.

Departmental Expenditure. 520. Deputy Phil Hogan asked the Minister for Defence the amount paid to civil servants by way of travel, subsistence or overnight allowances or payments for each of the years 2002 to the end of 2007; and if he will make a statement on the matter. [5673/08]

Minister for Defence (Deputy Willie O’Dea): In reply to the Deputy’s question I have set out the information requested in the table below.

Year Amount paid to Civil Servants by way of travel, subsistence or overnight allowances or payments

2002 437,768.63 2003 372,805.80 2004 399,578.62 2005 276,113.57 2006 353,756.06 2007 294,600.48 (provisional figure)

Army Barracks. 521. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if Clancy Barracks was used to store guns and ammunition for the Garda in 1999 to 2000; and if so, the procedures that were put in place for the removal and storage of same when Clancy Barracks closed. [4543/08]

Minister for Defence (Deputy Willie O’Dea): I have requested the information sought from the Garda authorities. I will be in contact with the Deputy when this information is to hand.

Drug Seizures. 522. Deputy Sea´n Barrett asked the Minister for Justice, Equality and Law Reform the arrangements and procedures for the secure and controlled destruction of the quantities of illegal drugs that are seized by Garda and Customs officials throughout the year; and if he will make a statement on the matter. [4550/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I am informed by the Garda Authorities that drugs coming into their possession in the course of investigations are destroyed upon the determination of court proceedings. Drugs classified as controlled in the Schedule of the Misuse of Drugs Act (1987-1984) which are seized by members of An Garda Sıóchańa are destroyed under the supervision of a Detective Inspector from the Garda Technical Bureau following analysis, evidential requirements and the written authorisation of a member of An Garda Sıóchańa, not below the rank of Inspector, from the Garda District where the drugs originated. 1071 Questions— 12 February 2008. Written Answers

[Deputy Brian Lenihan.]

The Garda Technical Bureau also facilitates destruction of controlled drugs which have been received at the Bureau from Customs Officials under the supervision of a Garda Inspector and with written authorisation from an appropriate Customs Officer. Each operation is documented and all associated records are maintained by the Garda Technical Bureau. For security reasons, I cannot divulge further details of the disposal logistics.

Voluntary Sector Funding. 523. Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform if he will continue to make funding available to an organisation (details supplied) in Dublin 2; and if he will make a statement on the matter. [4747/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The organisation to which the Deputy refers was one of 22 groups who received monies from a special integration initiative introduced in 2006. This provided for seed-funding in relation to integration initiatives for legally-resident immigrants and comes to an end in February /March 2008 after which the programme will be reviewed. As made clear in the official guidelines for this special fund, support was provided on a once-off basis.

Integration Policy. 524. Deputy Michael Kennedy asked the Minister for Justice, Equality and Law Reform the measures being taken in large towns like Balbriggan where incoming, new and longer term residents are experiencing difficulties with integration; if an action plan exists to tackle any related problems; and if he will make a statement on the matter. [5149/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The delivery of services to incoming, new and longer term residents is the primary responsibility of the appropriate Government agencies at both central and local level. Responsibility for the coordination and development of integration policy rests with the Minister for Integration, Conor Lenihan TD. The mandate of the Minster does, however, extend to promoting, encouraging and facilitating the development of mainstream services and to providing seed — funding for short term targeted measures where appropriate. In relation to achieving broad integration objectives, I understand that the Minister is currently finalising proposals which seek to mobilise not only existing service providers but also a broad spectrum of civil society, including membership organisations. In this general context, service providers continue to respond to integration challenges. For example, the Department of Education and Science has established a new unit to focus on the school accommodation needs of rapidly- developing areas, and City and County Development Boards are addressing the integration issues through their work in coordinating activities at a local level. In relation to the specific area mentioned by the Deputy, a model of good practice is the Balbriggan initiative that brings together the Departments of Education and Science and Social and Family Affairs to provide language training for non-Irish students to promote access to employment. As you are aware, the Minister will be setting up a Task force on Integration this year to identify the key issues affecting immigrant communities. The Task force will consult widely with both the immigrant and indigenous populations, visit communities, examine previous research and report back with specific recommendations on the way forward. In parallel with this broad consultative approach, plans will continue to be developed to ensure that immediate integration priorities are addressed.

1072 Questions— 12 February 2008. Written Answers

Asylum Support Services. 525. Deputy Ro´ isı´n Shortall asked the Minister for Justice, Equality and Law Reform the number of people in receipt of a direct provision allowance. [5266/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The Reception and Integration Agency (RIA) is responsible for the accommodation of asylum seekers through the Government policy of Direct Provision while their applications for asylum are being processed. The Direct Provision system provides asylum seekers with full board accommodation, free of utility or other costs. In addition to meeting these basic living costs, a Direct Provision allowance of \19.10 per adult and \9.60 per child was introduced some years ago and is paid by Community Welfare Officers (CWO), operating under the aegis of the Department of Social and Family Affairs. CWO’s also have discretion to make once-off exceptional needs payments in relation to, for example, back to school clothing. I am informed by the Minister for Social and Family Affairs that at the end of 2007, there were 3,456 recipients of the above mentioned direct provision allowance payments. Unless viewed in context, this figure may serve to mislead. It needs to be understood that a single payment for an entire family would be made to whichever spouse makes the application for the allowance in the first instance, rather than each family member receiving an individual payment. Therefore, a more accurate reflection of the numbers in receipt of the allowance is to state that (i) all asylum seekers in direct provision are entitled to the allowance and (ii) at the end of 2007, the RIA was providing direct provision services to 6,625 persons. To further explain the context, in addition to CWO’s having discretion to make once-off exceptional needs payments, asylum seekers in direct provision qualify for medical cards and can access the public health service in the same way as an Irish citizen.

Asylum Applications. 526. Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform the position in relation to persons (details supplied); and if he will make a statement on the matter. [4472/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The case referred to by the Deputy falls under the scope of the Dublin II Regulation, (Council Regulation (EC) No. 343/2003). This Regulation is intended to prevent the phenomenon of ‘asylum shopping’ across Europe and sets out criteria for determining which Member State is responsible for examining an asylum application where applications have been lodged in more than one Member State or whereby an asylum seeker has been granted a visa to enter another regulation state. At the same time, it guarantees applicants that one State will process their application, thereby preventing the creation of ‘refugees in orbit’, a situation which had previously pertained in Europe. Under the Dublin II Regulation, the Office of the Refugee Applications Com- missioner, (ORAC), can, on the basis of relevant criteria, request another State to accept responsibility for an asylum application and have it processed in that other state. Following investigation by ORAC, it was determined that the persons concerned had previously made asylum applications in the United Kingdom. As a direct result of the ORAC determination, Transfer Orders were signed in respect of them on 19 July, 2007, obliging them to present to the Garda National Immigration Bureau, (GNIB), on 4th September, 2007, for arrangements to be made for their return to the United Kingdom. Flights were arranged for their transfers on 5th September, 2007. However they failed to present thereby evading their transfers and became illegally present in this State. The persons concerned continue to evade

1073 Questions— 12 February 2008. Written Answers

[Deputy Brian Lenihan.] their transfers and remain illegally present in the State. I would therefore urge the persons concerned to come forward and present themselves to the GNIB without further delay.

Road Traffic Offences. 527. Deputy Sea´n Barrett asked the Minister for Justice, Equality and Law Reform the numbers randomly breath-tested on roads in 2007; the number and percentage of those who were taken to Garda stations for blood or urine testing; the number and percentage of these who were found to be over the blood/alcohol limit; and if he will make a statement on the matter. [4495/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): In the time available it has not been possible for the Garda authorities to supply the details requested by the Deputy. I will be in contact with the Deputy when the information is to hand.

Garda Deployment. 528. Deputy Enda Kenny asked the Minister for Justice, Equality and Law Reform the number of community gardaı´ based in Clondalkin each year from 2000 to 2008; and if he will make a statement on the matter. [4507/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I have been informed by the Garda Commissioner that the number of Community Gardaı´ based in Clondalkin Garda Station on 31 December 2000 to 31 December, 2007 (the latest date for which figures are readily available) was as set out in the table hereunder:

Year Clondalkin

2000 8 2001 9 2002 8 2003 10 2004 12 2005 16 2006 10 2007 11

Of course, community policing involves more than a just single unit within An Garda Sı´ocha´na. All Gardaı´ have a role to play in addressing community policing issues. I fully agree with the view of the Garda Inspectorate, expressed in its most recent report, that community policing is a fundamental policing philosophy and that it is based on strong foundations in Ireland. The Deputy should appreciate that, as with any large organisation, on any given day, personnel strengths of individual stations may fluctuate due, for example, to promotions, retirements and transfers. It is the responsibility of the Garda Commissioner to allocate personnel throughout the Force taking everything into account. The situation will be kept under review and when additional personnel next become available the allocation of Community Gardaı´ will be fully considered by the Commissioner within the overall context of the needs of Garda stations throughout the country.

Drug Seizures. 529. Deputy Enda Kenny asked the Minister for Justice, Equality and Law Reform the 1074 Questions— 12 February 2008. Written Answers number of drug seizures in an area (details supplied) in Dublin 22 for each of the years from 2000 to 2008; and if he will make a statement on the matter. [4508/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I am informed by the Garda authorities that the following table shows the number of reported drug cases recorded for the period January 1 2000 — 7 February 2008, inclusive, for the Garda District referred to by the Deputy:

2000 2001 2002 2003 2004 2005 2006 2007* 2008*

37 39 36 59 60 42 84 75 0 * The statistics provided are provisional, operational and liable to change.

Visa Applications. 530. Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform the position regarding the family reunification application for persons (details supplied) in County Waterford; and if he will make a statement on the matter. [4513/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The visa application referred to by the Deputy is currently receiving attention. I would expect a decision in this case shortly.

Asylum Applications. 531. Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform when a decision will be reached on the application by persons (details supplied) in County Waterford to be allowed to remain in the State on humanitarian grounds; and if he will make a statement on the matter. [4514/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The immigration case histories and up to date positions of the two persons concerned, a husband and wife, are almost identical. As a result, I will deal with the two cases as one.Both of the persons concerned arrived in the State on 1 March 2007 and applied for asylum. Their respective asylum applications were refused following the individual consideration of their cases by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), both were informed, she by letter dated 17 July 2007 and he by letter dated 12 September 2007, that the Minister proposed to make deportation orders in respect of them. They were each given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why they should be allowed to remain temporarily in the State. In addition, both were separately notified that they were eligible to apply for Subsidiary Protection in accordance with regulations known as the European Communities (Eligibility for Protection) Regulations, S.I. No. 518 of 2006, which came into force on 10 October 2006. Both of the persons concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and these applications are under consideration at present. When consideration of these applications has been completed, the persons concerned will be individu- ally notified in writing of the outcome. In the event that the Subsidiary Protection applications are refused, the individual case files of the persons concerned, including all representations submitted, will be considered under 1075 Questions— 12 February 2008. Written Answers

[Deputy Brian Lenihan.] Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the Prohibition of Refoulement. When this latter consideration has been completed, the case files of the persons concerned will be passed to me for decision.

Residency Permits. 532. Deputy Beverley Flynn asked the Minister for Justice, Equality and Law Reform when a decision will be made on a long term residency application by a person (details supplied) in County Mayo. [4515/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The position in relation to granting long term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements. The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long term residency. This particular long term permission does not grant an exemption from employment permit requirements to any such dependants. Time spent in the State on student conditions cannot be counted towards long term residency. While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date. An application for long term residency from the person referred to by the Deputy was received in October 2006. I understand that applications received in July 2006 are currently being dealt with. As soon as a decision is made on the case, the person concerned will be notified.

Prison Education Service. 533. Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the position of an application for training for persons (details supplied); and if he will make a statement on the matter. [4546/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I am informed by the Director General of the Irish Prison Service that the persons referred to by the Deputy are serving sentences in the Midlands Prison and have access to wide and varied Work and Training opportunities. Such services, which are available to all prisoners, include catering, metalwork, computers, woodwork, construction, horticulture, industrial cleaning and a wide range of education courses. Should the persons concerned wish to participate in any particular course they should contact the Class Officer.

Citizenship Applications. 534. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform when a decision will be made on a stamp four application and the naturalisation application by a person (details supplied) in County Mayo. [4568/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): An application for a certificate of naturalisation from the person referred to in the Deputy’s question was received in the Citizenship Section of my Department in January 2007. Officials in that Section are currently processing applications received in the middle of 2005 and have approximately 9,800 applications on hand to be dealt with before that of the person concerned. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants. It is likely

1076 Questions— 12 February 2008. Written Answers therefore, that further processing of the application will commence in mid 2009. I will inform the Deputy and the person in question when a decision is reached in the case.

Residency Permits. 535. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform when a decision on an application for long term residency will be finalised for a person (details supplied) in County Mayo. [4569/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The person referred to by the Deputy was granted long term residence on 27th June 2007. She subsequently attended at her Immigration Office on 18th July 2007 and was granted permission to remain until 29th October 2009, the expiry date of her current passport. On receipt of her new passport she should return to her local Immigration Office to have her outstanding permission to remain endorsed in her passport.

Crime Levels. 536. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform the number of people who have been murdered from 2007 to date in 2008 by way of stabbing. [4570/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I am informed by the Garda authorities that in 2007 there were 36 murders and one manslaughter recorded involving a knife or sharp instrument. I am further informed that there has been one murder incident recorded involving a knife or a sharp instrument since the beginning of this year to 7 January. These figures are provisional, operational and liable to change. The Firearms and Offensive Weapons Act 1990 sets out very strict provisions for the control of knives and offensive weapons. The 2008 Policing Plan reflects the intensified efforts by An Garda Sı´ocha´na to tackle knife crime, including a publicity campaign directed at this problem.

Proposed Legislation. 537. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform his plans to bring legislation forward in relation to the curtailment of the carrying of knives. [4571/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The Firearms and Offensive Weapons Act, 1990, prohibits the unlawful carrying of knives or articles which have a blade or are sharply pointed or any article made or adapted to cause injury. It is an offence for any person to have, in any public place, such knives or articles. It is also an offence to manufacture, import, sell, hire or loan such weapons. Any person found guilty of such offences is liable on conviction to a fine not exceeding \5,000 or imprisonment for a term not exceeding seven years or both. At my request the Garda Commissioner is reviewing the current legislation pertaining to offensive weapons and he will advise me of his recommendations in due course.

Road Traffic Offences. 538. Deputy Shane McEntee asked the Minister for Justice, Equality and Law Reform the number of roadside checkpoints undertaken by An Garda Sı´ocha´na in 2005, 2006 and 2007; and if he will make a statement on the matter. [4576/08]

1077 Questions— 12 February 2008. Written Answers

Citizenship Applications. 539. Deputy Edward O’Keeffe asked the Minister for Justice, Equality and Law Reform when persons (details supplied) in County Cork will be granted naturalisation. [4578/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): Applications for certificates of naturalisation from the persons referred to in the Deputy’s Question were received in the Citizenship Section of my Department in June 2006. Officials in that Section are currently processing applications received in the middle of 2005 and have approximately 5,300 applications on hand to be dealt with before those of the person’s concerned. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants. It is likely therefore, that further processing of the applications will commence towards the end of 2008. I will inform the Deputy and the persons in question when a decision is reached in both cases.

Residency Permits. 540. Deputy Thomas Byrne asked the Minister for Justice, Equality and Law Reform when the application for residency by a person (details supplied) in County Louth will be dealt with. [4579/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The person concerned arrived in the State on 20 March 2002 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Com- missioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, following the consideration of his case under Section 3 of the Immigration Act, 1999 (as amended), a Deport- ation Order was signed in respect of the person concerned on 7 February 2005. Judicial Review Proceedings challenging the Deportation Order were instituted by the person concerned on 14 March 2005. These Proceedings were settled in the High Court on 12 October 2006. The Settlement provided, inter alia, that the Minister would revoke the Deport- ation Order and permit the person concerned to submit fresh representations as to why he should be granted permission to remain in the State. The Deportation Order has been revoked. The person concerned was subsequently invited to submit fresh representations and such representations have been received on behalf of the person concerned. These representations will be fully considered before the file is passed to me for decision.

Visa Applications. 541. Deputy Brian Hayes asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) was refused a visa to study here; if an appeal will be made on their application; and if he will make a statement on the matter. [4589/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The application referred to by the Deputy was received in the Visa Office on 4 December 2007. It was refused by the Visa Officer on 19 December 2007 for a number of reasons:

1. There was insufficient documentation submitted in support of the application

2. There was no evidence of finances shown

3. There was no clear link to the reference shown

4. There were apparent contradictions in the information provided by the applicant (Inconsistencies)

1078 Questions— 12 February 2008. Written Answers

5. The Visa Officer was not satisfied as to the relevance of English to employment.

The applicant lodged an appeal but the decision of the Visa Officer was upheld by the Appeals Officer on 28 January, 2008. The only option available to the applicant now is to make a fresh application.

Garda Deployment. 542. Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform his plans in conjunction with An Garda Sı´ocha´na, for the provision of policing in rural areas of County Clare; if his attention has been drawn to the proposals to close four rural Garda stations in Miltown Malbay, Lisdoonvarna, Doonbeg and Carrigaholt; and if he will make a statement on the matter. [4596/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The personnel strength of Miltown Malbay, Lisdoonvarna, Doonbeg and Carrigaholt Garda Stations on 31 December, 2007 (the latest date for which figures are readily available) was as set out in the table hereunder:

Station 31/12/2007

Miltown Malbay 3 Lisdoonvarna 2 Doonbeg 1 Carrigaholt 1

Local Garda management report that there are no proposals to close any of the aforementioned Garda Stations. The Deputy should appreciate that, as with any large organisation, on any given day, personnel strengths of individual stations may fluctuate due, for example, to promotions, retirements and transfers. It is the responsibility of the Garda Commissioner to allocate personnel throughout the Force taking everything into account. The next allocation of Probationer Gardaı´ is due to take place on 13 March next. In that regard, the needs of the Garda Stations referred to by the Deputy will be fully considered by the Commissioner within the overall context of the needs of Garda Stations throughout the country.

Citizenship Applications. 543. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform the breakdown of the processing time in relation to the approximate 30 month processing time for naturalisation applications regarding the average length of time between the time an application is received and a determination is made of the applicant’s eligibility under the 60 month residency requirement, the average length of time between the time the eligibility determination is made and the commencement of further processing and the average length of time between the commencement of further processing and his final decision in the application. [4605/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The Deputy will appreciate that the level of complexity of any given application for naturalisation will determine the length of time taken to process that application to a conclusion. In circumstances where each application is examined and processed on an individual basis, any attempt to estimate the length of time taken for each stage of processing would be inappropriate and misleading. 1079 Questions— 12 February 2008. Written Answers

544. Deputy Beverley Flynn asked the Minister for Justice, Equality and Law Reform if a decision has been made on an application for naturalisation for a person (details supplied) in County Mayo. [4608/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): An application for certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship section of my Department in March 2007. Officials in that section are currently processing applications received in July 2005 and have approximately 10,800 applications on hand to be dealt with before that of the person concerned. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants. However, I understand that the person concerned is a refugee. In accordance with the Government’s obligations under the United Nations Convention relating to the Status of Refu- gees of 28 July 1951, every effort is made to ensure that applications from persons with refugee status are dealt with as quickly as possible, having regard to the general volume of applications on hand. It is likely, therefore, that further processing of the application will commence in November 2008. I will inform the Deputy and the person in question when I have reached a decision on the matter.

Grant Payments. 545. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if a group (details supplied) will be assisted. [4648/08]

Liquor Licensing Laws. 546. Deputy Ro´ isı´n Shortall asked the Minister for Justice, Equality and Law Reform his views on delivery services offered by many off-licences at present and the manner in which the licensing laws are enforced in these circumstances; if his attention has been drawn to the practice of some off-licences promoting text ordering services for delivery of alcohol which make enforcement of licensing laws virtually impossible; if he will take steps to prohibit this method of sale and promotion of alcohol; and if he will make a statement on the matter. [4650/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): Under section 17(3) of the Intoxicating Liquor Act 2003, it is an offence for a licensee, with intent to evade the conditions of the licence, to take intoxicating liquor from the licensed premises for the purpose of its being sold on the account, or for the benefit or profit, of the licensee, or to permit any other person to do so. The penalty on conviction is a fine of up to \1,500 for a first offence and up to \2,000 for a second or subsequent offence. Concerns in relation to specific premises should be brought to the attention of the Garda Sı´ocha´na. Moreover, section 31 of the Intoxicating Liquor Act 1988 (as amended by the Intoxicating Liquor Acts of 2000 and 2003) provides for offences relating to the sale and delivery of intoxicating liquor to persons under the age of 18 years. It is an offence under section 31(2) for a licensee to sell or deliver, or permit any other person to sell or deliver, intoxicating liquor to any person for consumption off his or her licensed premises by a person under the age of 18

1080 Questions— 12 February 2008. Written Answers years in any place except with the explicit consent of the person’s parent or guardian in a private residence in which he or she is present either as of right or with permission. The penalty on conviction for this offence is a fine of up to \1,270 for a first offence and up to \1,904 for a second or subsequent offence. In addition, the Intoxicating Liquor Act 2000 provides for the mandatory temporary closure of licensed premises in cases where a licensee is convicted of an offence under section 31 of the 1988 Act (up to 7 days for a first offence, or at least 7 and not more than 30 days for a second or subsequent offence). I have asked the recently-established Government Alcohol Advisory Group to examine the adequacy and effectiveness of existing sanctions and penalties, particularly those directed towards combatting excessive and under-age alcohol consumption. I will bring the concerns outlined in the Deputy’s question to the attention of the Group and seek their views in relation to these concerns.

Visa Applications. 547. Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the position of an application for a D type visa for a person (details supplied); and if he will make a statement on the matter. [4653/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I am pleased to inform the Deputy that a ‘D’ type visa has been approved for the person concerned.

548. Deputy Beverley Flynn asked the Minister for Justice, Equality and Law Reform when a decision will be made on a visa application by a person (details supplied). [4671/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The application referred to by the Deputy for a “Join Spouse” visa was received in the Visa Office, Dublin on 22 January 2008 and is currently being examined by a Visa Officer. I would expect a decision in this case within the next two weeks.

Garda Transport. 549. Deputy Ciarań Lynch asked the Minister for Justice, Equality and Law Reform the amount of money spent by An Garda Sıóchańa on motor fuel for each year since 2001 to date in 2008. [4692/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The information requested by the Deputy for the period 2002 to the end of January 2008 is set out in the table below. I am advised by the Garda authorities that data for 2001 is not available as the Garda Financial Management System only holds records of expenditure from 2002 onwards.

Fuel 2002-2008 to date

Year \

2002 5,132,852 2003 5,571,224 2004 5,646,828 2005 7,854,435 2006 8,433,812 2007 9,347,064 January 2008 855,169

1081 Questions— 12 February 2008. Written Answers

550. Deputy Ciarań Lynch asked the Minister for Justice, Equality and Law Reform the amount of money spent by An Garda Sıóchańa on motor vehicle maintenance and repair for each year since 2001 to date in 2008. [4693/08]

Maintenance 2002-2008 to date

Year \

2002 3,055,727 2003 3,416,794 2004 3,401,544 2005 3,663,093 2006 4,169,730 2007 4,914,847 January 2008 449,667

Citizenship Applications. 551. Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform the waiting time for applications for citizenship; if different procedures and waiting times applied where an applicant is resident here for a very long period and married to an Irish national; if there is a system for prioritising applications; and his targets for improving the turnaround time in respect of applications. [4694/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The current processing time for applications for certificates of naturalisation is approximately thirty months. All such applications undergo processing in accordance with the relevant legislation. This applies regardless of the length of time the applicant has been resident in the State and regardless of whether s/he is married to an Irish national. I have recently allocated additional resources to the Citizenship Section of my Department so that several categories of applicant can be dealt with more expeditiously than at present. These include refugees, spouses of Irish citizens, and applications made on behalf of minors. The procedures involved in the processing of applications for certificates of naturalisation have been developed and refined over a number of years and I am satisfied that they are necessary to maintain the integrity of the naturalisation process. Consequently, having regard to the overall resources available, which are kept under constant review, there is a limit to the reduction in the processing time that can be achieved.

Departmental Staff. 552. Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform, having regard to the exercise of his statutory authority under section 71 of the Garda Sı´ocha´na Act 2005, and the necessity for the Ombudsman Commission to deploy its resources efficiently, the number of officers at principal officer level or technical equivalent approved by him for appointment to the Ombudsman Commission, with the consent of the Minister for Finance, whether under the Dublin PAS list system for offices decentralising or not; the number of officers at all grades appointed under the PAS list system; the date of such approval in each 1082 Questions— 12 February 2008. Written Answers case; the date of subsequent appointment; the number of such posts suppressed by the commission; if he has been informed of and, or, statutorily approved any such suppression; the reasons for same; and if he will make a statement on the matter. [4706/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): It is assumed that the Deputy’s reference to the Dublin Pas List System is intended to be a reference to the Dublin Central Applications Facility (CAF). I can say, however, that a maximum figure of 4 posts at Principal Officer level or technical equivalent have been sanctioned for the Garda Sıóchańa Ombudsman Commission. The following table sets out the numbers, grades and date of appointment of all officers appointed to the Garda Sıóchańa Ombudsman Commission under the CAF. These posts were sanctioned by the Department of Finance on the 17th July 2006.

Grade Numbers Date of Appointment

Assistant Principal Officer 1 30 July 2007 Higher Executive Officer 2 16 April 2007 Higher Executive Officer 1 18 May 2007 Higher Executive Officer 1 01 June 2007 Higher Executive Officer 1 24 September 2007 Clerical Officer 1 03 December 2007

The filling of sanctioned vacancies is handled at official level and I do not involve myself in such matters. Furthermore, It is important to note that while sanction is required in order to fill posts, it is not a function of the Minister for Justice, Equality and Law Reform to require an organisation with statutory independence to ensure that all of its sanctioned posts are filled to the maximum extent authorised level at all times. Management has a discretion to fill sanctioned posts according to its business needs so as to ensure that such decisions reflect the most up to date business requirements.

Garda Deployment. 553. Deputy Joe McHugh asked the Minister for Justice, Equality and Law Reform his views on setting up a programme whereby members of the Garda visit schools on a regular basis to discuss the issue of anti-social behaviour with the students; his further views on whether this type of programme would result in a reduction in incidents of anti-social behaviour; and if he will make a statement on the matter. [4715/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): As the Deputy is aware, the deployment of Garda resources is a matter for the Garda Commissioner. It is widely accepted that anti-social behaviour can result in children coming into contact with the criminal justice system and it is therefore important that efforts are made to prevent such behaviour. To this end, the Garda Primary Schools Programme was established in 1991 and is a comprehensive education programme targeting 5th class pupils in primary schools throughout the country. The programme focuses on the safety of children in every aspect of their lives. Sensible and reasonable patterns of behaviour are discussed with each class in order that they may:

• Lessen the risks they face through crime

• Be safer on the roads and at home

• Positively contribute towards Crime Prevention

• Know what the role of the Gardaı´ is 1083 Questions— 12 February 2008. Written Answers

[Deputy Brian Lenihan.]

• Develop positive attitudes towards the Gardaı´ and the work they do

Anti-social behaviour issues are discussed under the appropriate topics. At a secondary level, the Garda Secondary Schools Programme has been designed in conjunction with the Social, Personal & Health Education syllabus of the Department of Education and Science. As part of this programme, trained Gardaı´ co-facilitate classes in two particular modules of the Social, Personal & Health Education Course with particular emphasis on personal safety and substance abuse. The personal safety module includes discussion on anti-social behaviour issues. It is important that children and young adults are aware of crime and anti-social behaviour and their effects on society. Accordingly, the work of these programmes in both primary and secondary schools makes an important contribution towards reducing criminal and anti-social behaviour amongst young people.

Residency Permits. 554. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform when an application for long term residency by a person (details supplied) in County Mayo will be approved. [4736/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The Immigration Division of my Department requested documentation from the person concerned. On receipt of this documentation a decision will be made on the case.

Departmental Staff. 555. Deputy Arthur Morgan asked the Minister for Justice, Equality and Law Reform the number of agency workers employed by his Department and by State agencies which fall under the auspices of his Department. [4789/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): My Department does not employ agency workers. However, from time to time short-term specialist staffing requirements are met under a contract with service providers.

Property Registration Authority. 556. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 1273 of 30 January 2008, if he will outline the companies involved in each of the outsourcing projects — translation, telephonist, and digital mapping project; the value of each contract; and if he will make a statement on the matter. [4797/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The information sought by the Deputy is set out in the table below which contains details of the translation, telephonist and digital mapping contracts for the Property Registration Authority.

1084 Questions— 12 February 2008. Written Answers 3,139.71 \ further 2 years atthe discretion Property of Registration Authority. Services are drawn down on an as-requiredPayments basis. to date of 2,470,681 6,712,517 89,358 per annum 60,202 per annum \ \ \ \ companies Irish from July 2006; renewable for a Solutions, Version 1 Software and IME UK Limited. Proteus Solutions and Paper Dock. • Feileastram Teo • Sanas Translations • ETeams Service Name of contractor Type of contract Year Value of contract excluding VAT No. 1No. 2 and which includes Proteus Solutions including RMSI, software) Digital mapping contract (DMapS) Consortium headed by Laser-ScanDigital Provision mapping of contract system (DMapS) (hardware and Consortium headed by LandmarkTranslation services Digitisation of maps 2005-2010 Telephonist Panel services of three translatingTelephonist services 2005-2010 Translation of publications into Eircom National Council for the Blind Telephonist services, Waterford — Telephonist Services, Dublin — Panel established for 1 year initially —

1085 Questions— 12 February 2008. Written Answers

Citizenship Applications. 557. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support an application (details supplied). [4828/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I have been informed by officials in the Citizenship Section of my Department that there is no record of an application for a certificate of naturalisation having been received from the person concerned. The reference number provided by the Deputy appears to relate to a different individual.

Residency Permits. 558. Deputy John Curran asked the Minister for Justice, Equality and Law Reform if he will confirm the right to residency of a person (details supplied) in Dublin 22. [4844/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The person concerned arrived in the State on 12 February 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Com- missioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), he was informed, by letter dated 23 September 2004, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of submitting written representations to the Minister setting out the reasons why he should be allowed to remain in the State. Represen- tations were received on behalf of the person concerned. Following consideration of his case, under Section 3 of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended), as an exceptional measure and subject to certain conditions, the person concerned was granted temporary permission to remain in the State for one year on 22 December 2004 and this permission has been renewed on a yearly basis since. On 7 February 2008, the person concerned was granted further temporary permission to remain in the State for three years until 11 January 2011. The person concerned was duly notified of this decision by letter dated 7 February 2008.

Garda Ombudsman Commission. 559. Deputy Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform when he expects to receive the first report from the Garda Sı´ocha´na Ombudsman Com- mission. [4943/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The first Annual Report of the Garda Sı´ocha´na Ombudsman Commission was presented to me on 30 March 2007 and was laid before the Houses of the Oireachtas on 23 April 2007.

Asylum Applications. 560. Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform if he will review the case of a person (details supplied) in County Westmeath who has applied for asylum on humanitarian grounds. [4967/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals

1086 Questions— 12 February 2008. Written Answers

Tribunal, which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. The Deputy may wish to note that all applications are considered in accordance with the provisions of the Refugee Act 1996 (as amended). Section 2 of the Act defines a refugee, subject to stated exclusions, “as a person who, owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, is unwilling to return to it”. Notwithstanding this, it is not the practice to comment in detail on individual asylum applications. A final decision on this application will be made when I receive the decision of the Refugee Appeals Tribunal, which I am advised was made recently.

Visa Applications. 561. Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform if he will review the case of the following person (details supplied) in Dublin 24. [4968/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I understand the Immigration Division of my Department has recently been in contact with the person concerned requesting documentation. On receipt of the requested documentation, the application will be further considered.

Citizenship Applications. 562. Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform if he will review the case of a person (details supplied) in County Westmeath who has applied for citizenship over a long period. [4969/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship section of my Department in December 2007. Officials in the Citizenship section inform me that the application has not been examined in detail. Examination of the residency requirement will take place in the near future and the applicant will be contacted at that time informing him when his application will be further examined or of any shortfall in his residency. I will inform the Deputy and the person in question when a decision has been reached on the application.

Data Protection. 563. Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform if disks, laptops or memory storage devices containing personal information about members of the public have been lost or stolen from his Department; and if he will make a statement on the matter. [5007/08]

566. Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform if he has been informed by any of the agencies attached to his Department, if those agencies have lost or had stolen from them any disks, laptops or memory storage devices containing personal information regarding members of the public; and if he will make a statement on the matter. [5079/08]

1087 Questions— 12 February 2008. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I propose to take Questions Nos. 563 and 566 together. In relation to the information requested concerning my Department, I refer the Deputy to Parliamentary Question No. 1188 of 30 January 2008. The position in relation to this issue remains the same in that no data has been compromised because of data devices lost or stolen from my Department. In relation to agencies attached to my Department, I can inform the Deputy that the Refugee Appeals Tribunal recorded two laptops stolen in 2006, following burglaries. The laptops concerned had been issued to individual Members of the Tribunal for the purposes of their official functions including the drafting of decisions in respect of appel- lants. The devices had password protection. Both thefts were reported to An Garda Sı´ocha´na, and the items have not been recovered to date. My Department has not received any other reports from any attached agencies of lost or stolen disks, laptops or memory storage devices containing personal information regarding members of the public.

Registration of Title. 564. Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform when a dealing for a person (details supplied) will be completed in respect of a Land Registry matter in County Kilkenny. [5048/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): As the Deputy will be aware, under the provisions of the Registration of Deeds and Title Act 2006, the Property Registration Authority was established as and from 4 November, 2006. The Property Regis- tration Authority replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions. I would also like to refer the Deputy to a service for TDs and Senators concerning the current status of applications, such as the subject of this question, which was introduced in May 2006. The service was introduced, inter alia, to provide a speedier and more cost effective alternative to submitting Parliamentary Questions. This service, which is operated by the Prop- erty Registration Authority, is available all year round. I can further inform the Deputy that his query has been forwarded to the Property Registration Authority for attention and direct reply via the above mentioned service.

Adult Entertainment Venues. 565. Deputy Martin Mansergh asked the Minister for Justice, Equality and Law Reform the procedures that exist for licensing lap-dancing clubs; and his views on policy changes in order to avoid the high risk of illegal exploitation of women. [5062/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): While existing legislation does not specifically provide for the licensing of lap-dancing clubs, the granting of licences for public dancing is set out in the Public Dance Hall Act 1935. A licence to operate a Dance Hall is granted, as appropriate, by the District Court in the locality. I can inform the Deputy that an interagency task force chaired by the Department of Environment, and on which my Department and An Garda Sı´ocha´na are represented, is examining the regulatory context around the siting and location of adult entertainment venues. Part of its terms of reference is to examine, with reference to the planning code, the various codes which apply to such premises and how any identified gaps in the existing regulatory framework might be closed. I understand that the task force is close to finalising its work.

1088 Questions— 12 February 2008. Written Answers

I can also inform the Deputy that I am introducing an important piece of legislation to protect vulnerable people, especially women and children, trafficked into, through or within Ireland from exploitation. The Criminal Law (Human Trafficking) Bill currently before the Seanad introduces specific criminal offences of trafficking in persons for the purpose of their sexual or labour exploitation. The draft legislation creates an offence of recruiting, transporting, transferring to another person, harbouring or causing the entry into, travel within or departure from the State of a person for the specific purpose of the trafficked person’s sexual or labour exploitation or removal of his or her organs by means of the threat or use of force to other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payment or benefits to achieve the consent of a person having control over another person. A new Interdepartmental High Level Group has been established to recommend the most appropriate and effective responses to trafficking in human beings to me. The Group is co- chaired by the Director General of the Irish Naturalisation and Immigration Service (INIS) and the Assistant Secretary in the Department of Justice, Equality and Law Reform dealing with crime and includes representatives from:

• Department of Justice, Equality and Law Reform

• INIS

• An Garda Sı´ocha´na

• Executive Director of the new Anti-Human Trafficking Unit in the Department of Justice, Equality and Law Reform

• Office of the Minister for Children

• Department of Enterprise, Trade and Employment

• Department of Health and Children

• Health Service Executive

Question No. 566 answered with Question No. 563.

Visa Applications. 567. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform the status of the application for family reunification by a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [5096/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I am informed by the Immigration Division of my Department that the person in question made an application for Family Reunification in January 2008. The application has been forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. When the investigation has been completed, the Commissioner will prepare and forward a report to my Department. Upon receipt of this report, the application will be considered and a decision will issue in due course. At the present time, Family Reunification applications are taking up to 24 months to process.

Residency Permits. 568. Deputy Mattie McGrath asked the Minister for Justice, Equality and Law Reform the

1089 Questions— 12 February 2008. Written Answers

[Deputy Mattie McGrath.] status of an application for residency under subsidiary protection for a person (details supplied) in County Tipperary; if the application will be assessed as soon as possible; and if he will make a statement on the matter. [5105/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The person concerned, and her three children, arrived in the State on 31 May 2005 and applied for asylum on 8 June 2005. Their application was refused following consideration of their case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 31 May 2006, that the Minister proposed to make a deportation order in respect of her and her children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned and will be fully considered before the file is passed to me for decision. In relation to Subsidiary Protection, my Department’s records show that, to date, no application for Subsidiary Protection, in accordance with the European Communities (Eligibility for Protection) Regulations (S.I. No. 518 of 2006), has been received from or on behalf of the person concerned.

Northern Ireland Issues. 569. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in Dublin 1 will be supported. [5136/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): As the Deputy may be aware, there is in existence an independent body, the Remembrance Commission, to assist victims in this jurisdiction of the conflict in Northern Ireland, including the bombings in Dublin in 1974. The Commission is charged with administering the Scheme of Acknowledgement, Remembrance and Assistance to Victims in this Jurisdiction of the Conflict in Northern Ireland, and a Fund has been established for this purpose. To date the Commission has made payments to victims of the Northern Ireland conflict to cover such matters as medical expenses and hardship payments. The Commission can be contacted by writing to its offices at 1A Lower Grand Canal Street, Dublin 2, telephone 01 669 6862. With regard to the specific case mentioned by the Deputy’s question, I have been informed by the Commission that the person to whom the Deputy refers has not made an application to it. The Secretariat to the Commission would be in a position to assist this person in making an application to the Commission if he wishes to do so.

Human Rights Issues. 570. Deputy John Perry asked the Minister for Justice, Equality and Law Reform his views on whether under the Equal Status Act 2000, the Equality Act 2004 and the Employment Equality Act 1998, political orientation should be included as an area of discrimination as is the case in Northern Ireland; if he has plans to amend this and ensure that political orientation is included as an area of discrimination; and if he will make a statement on the matter. [5137/08]

1090 Questions— 12 February 2008. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The Employment Equality Acts 1998 to 2007 and the Equal Status Acts, 2000 to 2004 prohibit direct and indirect discrimination in the area of employment and in the provision of goods and services respectively, on nine grounds. These are gender, marital status, family status, sexual orientation, religion, age, disability, race and membership of the travelling community. The Employment Equality Act 1998 provides for a review of its operation with a view to assessing whether there is need to add to the discriminatory grounds set out in the Act. This review commenced in 2001 and included a Round Table conference involving the social partners, relevant Government Departments, the Equality Authority, the Equality Tribunal and the Labour Court. It was argued by some interest groups that the Employment Equality Act should be amended to include new grounds, such as political opinion. It was also acknowledged, however, that the legislation, which has led to new challenges for enforcement bodies, employers and Government, was relatively new and that the practical implications of extending its scope to include new grounds would require detailed examination and debate. As part of the process UCC Law Department was commissioned to carry out a comparative review of the international experience of employment legislation prohibiting discrimination on some of the grounds suggested. Following completion of this review, Government decided not to add to the existing nine grounds contained in the Employment Equality Acts. Operation of the Acts continues, of course, to be reviewed in my Department. The Equal Status Act 2000 also provides for a review of its operation to assess whether there is need to add to the discriminatory grounds covered by the Act. This review, which had been postponed pending completion of the review of the operation of the Employment Equality Acts, will commence shortly.

Garda Deployment. 571. Deputy Olivia Mitchell asked the Minister for Justice, Equality and Law Reform if there are plans to increase the number of gardaı´ assigned to Rathfarnham Garda Station in Dublin; and if he will make a statement on the matter. [5138/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The personnel strength of Rathfarnham Garda Station on 31 December, 2007 (the latest date for which figures are readily available) was 80. The Deputy will appreciate that, as with any large organisation, on any given day the overall strength of the organisation may fluctuate due, for example, to retirements, resignations etc. It is the responsibility of the Garda Commissioner to allocate personnel throughout the Force taking everything into account. The next allocation of Pro- bationer Gardaı´ is due to take place on 13 March next. In that regard, the needs of Rathfarnham Garda Station will be fully considered by the Commissioner within the overall context of the needs of Garda stations throughout the country.

572. Deputy Olivia Mitchell asked the Minister for Justice, Equality and Law Reform the number of gardaı´ stationed in each of the Stepaside, Dundrum and Rathfarnham Garda Stations each year from 2002 to date in 2008; and if he will make a statement on the matter. [5139/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I have been informed by the Garda Commissioner that the personnel strength of Stepaside, Dundrum and Rathfarnham Garda Stations on 31 December, 2002 to 31 December, 2007 (the latest date for which figures are readily available) was as set out in the table hereunder:

1091 Questions— 12 February 2008. Written Answers

[Deputy Brian Lenihan.]

Station 31/12/02 31/12/03 31/12/04 31/12/05 31/12/06 31/12/07

Stepaside 36 32 31 29 35 32 Dundrum 69 65 68 75 76 79 Rathfarnham 74 71 76 70 72 80

The Deputy will appreciate that, as with any large organisation, on any given day the overall strength of the organisation may fluctuate due, for example, to retirements, resignations etc. It is the responsibility of the Garda Commissioner to allocate personnel throughout the Force taking everything into account. The next allocation of Probationer Gardaı´ is due to take place on 13 March next. In that regard, the needs of the Garda Stations referred to by the Deputy will be fully considered by the Commissioner within the overall context of the needs of Garda Stations throughout the country.

Garda Transport. 573. Deputy Olivia Mitchell asked the Minister for Justice, Equality and Law Reform if there are plans to increase the number of mountain bikes allocated to Rathfarnham Garda Station in Dublin; and if he will make a statement on the matter. [5140/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I have requested the information sought by the Deputy from the Garda authorities. I will be in contact with the Deputy when this information is to hand.

Road Traffic Offences. 574. Deputy Michael Kennedy asked the Minister for Justice, Equality and Law Reform the powers members of the Garda have to penalise a disqualified driver when stopped at a check- point; if changes are being made to give gardaı´ more power in this regard; and if he will make a statement on the matter. [5148/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I am informed that driving while disqualified from doing so is deemed to be the same as driving without a licence. A person driving a vehicle while disqualified is committing an offence under section 38 of the Road Traffic Act, 1961 as amended by section 12 of the Road Traffic Act, 2006. The penalty provided for under this section is a fine of \5,000 or imprisonment for a term not exceeding six months or both. My colleague the Minister for Transport informed the House on 5 February that amendments to current legislation to permit seizure of licences by An Garda Sı´ocha´na are among a number of matters being considered by his Department in the context of the preparation of a Road Traffic Bill.

Closed Circuit Television Systems. 575. Deputy Martin Mansergh asked the Minister for Justice, Equality and Law Reform when the installation of closed circuit television in the centre of Clonmel is expected to proceed; and his estimate of when it will become operational. [5151/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): An Garda Sı´ocha´na is at present expanding its town centre CCTV programme and Clonmel is one of the 14 new locations involved. I have been informed by the Garda authorities that contracts for the provision of a CCTV system for Clonmel are now in place and work will commence shortly on 1092 Questions— 12 February 2008. Written Answers the installation of this system, subject to planning permissions, way leaves and any civil works required. It is expected that the system in Clonmel will be operational before the end of this year.

Citizenship Applications. 576. Deputy Eamon Scanlon asked the Minister for Justice, Equality and Law Reform when the application for naturalisation by a person (details supplied) will be processed; and if he will make a statement on the matter. [5159/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship section of my Department in September 2007. Officials in that section have recently contacted the applicant requesting further documents to enable them calculate the reckonable residency. The application will be further examined on receipt of these documents. The person in question will then be informed when further processing of the application will commence or of any shortfall in his residency. I will inform the Deputy and the person concerned when I have reached a decision on the matter.

Drug Seizures. 577. Deputy Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform the number of drug seizures made in Waterford with a breakdown by type of drug and volume each year for the past five years. [5169/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I regret that it has not been possible in the time available to obtain the information requested by the Deputy. I will be in touch with the Deputy in relation to this matter when the information becomes available.

Garda Deployment. 578. Deputy Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform the number of gardaı´ stationed in Waterford with a breakdown by rank and specialty unit. [5170/08]

579. Deputy Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform the number of gardaı´ stationed in Waterford with a breakdown by rank and specialty unit each year for the past five years. [5171/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I propose to take Questions Nos. 578 and 579 together. The level of detail over the time period covered by the questions is not immediately available. I have requested the information from the Garda Commissioner and I will write to the Deputy directly when this information is to hand.

Vetting of Personnel. 580. Deputy Joan Burton asked the Minister for Justice, Equality and Law Reform the number of checks that have been carried out by the Garda to vet persons dealing with the care of children, including staff dealing with children with special needs; the figures for 2006, 2007 and to date in 2008; the average waiting period for such checks; the backlog of checks awaiting completion and the length of time in periods of one month, two months, four months and six months and over; the staffing allocations for 2007 and to date in 2008 with respect to these

1093 Questions— 12 February 2008. Written Answers

[Deputy Joan Burton.] checks; the categories of staff carrying out these checks; and if he will make a statement on the matter. [5181/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The Garda Central Vetting Unit (GCVU) makes criminal history vetting disclosures to registered organisations in respect of, inter alia, prospective employees, volunteers and students on placement who would have substantive, unsupervised access to both children and vulnerable adults. I am informed by the Garda authorities that statistics with specific regard to vetting applications received regarding persons caring for children, including children with special needs, are not maintained, as many registered organisations employ personnel to care for both children and vulnerable adults. However, almost 188,000 vetting applications in total were processed by the GCVU in 2007. The normal, prevailing time for processing valid vetting applications is approximately 4 weeks. However, processing times fluctuate depending on seasonal demand and volumes received. As of this week, the average processing time is approximately 6 weeks. At any given time, the number of applications awaiting processing depends upon the number received during the preceding average processing period and the number of exceptional applications in respect of which inquiries external to the Garda Sıóchańa are required. This number fluctuates but currently stands at approximately 19,000 vetting applications. As at 31 December, 2007, there were 52 personnel assigned to the GCVU, comprising 5 members of the Garda Sıóchańa and 47 civil servants. As of today’s date, there are 63 personnel assigned to the GCVU, comprising 5 members of the Garda Sıóchańa (1 Inspector and 4 Sergeants) and 58 civil servants (2 Executive Officers, 3 Staff Officers and 53 Clerical Officers). When the additional 11 personnel assigned in January 2008 complete their training and induc- tion, it is envisaged that the current processing time will be reduced accordingly.

Criminal Prosecutions. 581. Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the number of prosecutions and the number of convictions that have taken place for driving under the influence of drugs each year for the past five years in County Mayo; and if he will make a statement on the matter. [5187/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): Following the submission in 2004 of a report and recommendations by an expert group on crime statistics, it was decided that the compilation and publication of crime statistics should be taken over by the Central Statistics Office, as the national statistical agency, from the Garda Sıóchańa. The Garda Sıóchańa Act 2005 consequently makes provision for this and the CSO has established a dedicated unit for this purpose. Following the setting up of the necessary technical systems and auditing of the data from which the statistics are compiled, the CSO is now compiling and publishing criminal statistics and has published provisional headline crime statistics since the third quarter of 2006. I have requested the CSO to provide the statistics sought by the Deputy directly to him.

Employment Rights. 582. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the date and agenda of the last meeting between the Garda National Immigration Bureau, the Department of Enterprise, Trade and Employment, the Department of Social and Family Affairs and the Revenue Commissioners regarding the establishment of joint investigation units

1094 Questions— 12 February 2008. Written Answers of employment legislation; when the next meeting is scheduled to take place; when it is expected that these units will be performing investigations; and if he will make a statement on the matter. [5201/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The enforcement of employment legislation is primarily a matter for the Minister for Enterprise, Trade and Employment. However, in relation specifically to enforcement in the area of illegal working by foreign nationals (including those illegally present in the State), a meeting took place on 25 October 2007 involving officials from my Department, the Department of Enterprise, Trade and Employment, the Garda National Immigration Bureau (GNIB) and the National Employ- ment Rights Agency (NERA) to explore a cross-agency approach in the area. I am informed that, since then, in addition to ongoing discussions involving the Department of Enterprise, Trade and Employment and NERA, some bilateral contacts have occurred between the Department of Enterprise, Trade and Employment and the Department of Social and Family Affairs and the Revenue Commissioners. I understand that a follow up meeting of all parties has been arranged for 25 February 2008. While different Departments and agencies have individual responsibilities, it is clear that this issue can only be tackled effectively by a “joined-up” approach. The details of this co-operation have to be fully worked out and further meetings are intended to progress this. This work will be also facilitated by new legislation, namely the Immigration, Residence and Protection Bill 2008, published recently, and the Employment Law Compliance Bill which the Minister for Enterprise, Trade and Employment plans to publish shortly. In relation to immigration matters, there is already good ongoing co-operation between the GNIB and the Department of Social and Family Affairs and the Revenue Commissioners.

Visa Applications. 583. Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform when an application for a person (details supplied) in County Clare will be processed; and if he will make a statement on the matter. [5203/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I am pleased to inform the Deputy that the application referred to was approved on 8 February 2008.

Citizenship Applications. 584. Deputy Paul Kehoe asked the Minister for Justice, Equality and Law Reform the status of the application for naturalisation for a person (details supplied) in County Wexford; when a decision will be made; and if he will make a statement on the matter. [5213/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): Officials in the Citizenship Section of my Department inform me that processing of the application from the person referred to in the Deputy’s Question has commenced and that the file will be forwarded to me for a decision in the coming months. I will inform the Deputy and the person in question when I have reached a decision on the matter.

Asylum Applications. 585. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform the number of applications for subsidiary protection that have been received; the number that have been approved; the number that have been declined; and the number that are pending. [5216/08]

1095 Questions— 12 February 2008. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I presume the Deputy is referring to applications for Subsidiary Protection made on foot of the European Union Council Directive 2004/83/EC of 29 April 2004 to which my predecessor gave effect in Irish Law on 10 October 2006 by way of Statutory Instrument No. 518 of 2006 — European Communities (Eligibility for Protection) Regulations, 2006. An application for Subsidiary Pro- tection arises where a non — national, who has been refused refugee status, is served with a notice of intention to deport under section 3 (3) (a) of the Immigration Act, 1999, as amended. A person so served is afforded four options, viz. to leave the State voluntarily; to consent to the making of a Deportation Order; to apply for Subsidiary Protection or to make representations in writing within 15 working days setting out reasons as to why a Deportation Order should not be made and why temporary Leave to Remain in the State be granted instead. Applications for Subsidiary Protection are considered on their individual facts, merits and circumstances and in accordance with the criteria set out in the Regulations. Statistics are not maintained as to the duration of the consideration process in respect of each application, as no two cases are the same. The statistics requested by the Deputy are as set out in the table below;

Subsidiary Protection applications

Received Granted Refused Ineligible

1,478 3 103 130

Departmental Staff. 586. Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform if persons have been dismissed from the Civil Service since the provisions of the Civil Service Regulation Act 2005 were introduced; the number and grade of the persons concerned; and if he will make a statement on the matter. [5665/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): One Clerical Officer and one Service Officer have been dismissed from my Department under the terms of the Civil Service Regulation (Amendment) Act, 2005.

Departmental Expenditure. 587. Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform the amount paid to civil servants by way of travel, subsistence or overnight allowances or payments for each of the years 2002 to the end of 2007; and if he will make a statement on the matter. [5679/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The amounts paid to civil servants attached to the Head Office of my Department in respect of travel and subsistence expenses for the period 2005 to 2007 are as follows:-

Year \

2007 620,000 2006 528,000 2005 579,000

A new financial management system was introduced during 2004 and the cost of extracting the information required for earlier years would involve a disproportionate amount of cost and effort which I believe would not be warranted. 1096 Questions— 12 February 2008. Written Answers

Vacant Dwellings. 588. Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government if he has assessed the extent of vacant housing property in the Irish market; and the implications for public policy. [4554/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): I am aware of information regarding vacant dwellings, published by the Central Statistics Office as part of the 2006 Census results which, I understand, was derived from analysis of cases where Census forms were not received from dwellings by enumerators. The total number of dwellings reported vacant by CSO on this basis on the Census night, 23 April 2006, was 266,000. This represented around 15% of the overall housing stock, which is slightly lower than the EU average according to data published by the International Monetary Fund and well below the reported vacancy rate in some individual States. I understand that an estimated 50,000 of the dwellings reported vacant at the 2006 Census were reported by CSO to be holiday homes. The remaining 216,000 represent about 12% of the total housing stock. Dwellings can be vacant at any given time for a variety of reasons and a significant level of vacancy can be expected in a dynamic society experiencing significant mobility and demographic change. An important element of the Government’s housing policy is to promote the availability of an adequate supply of housing to meet demand and provide support to those who cannot meet their accommodation needs without assistance, as outlined in the Government’s housing policy statement Delivering Homes, Sustaining Communities. My Department will continue to keep developments in the housing market, including trends in housing supply, under review in consultation with other relevant agencies.

Turbary Rights. 589. Deputy Noel J. Coonan asked the Minister for the Environment, Heritage and Local Government the status in relation to the purchase of bog lands by a person (details supplied) in County Tipperary; the reason for delay in the processing of this application; and if he will make a statement on the matter. [4733/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): This file is currently with the Chief State Solicitor’s Office (CSSO). It appears that the vendor was not the registered owner of the lands on sale until very recently. Now that this issue has been resolved, the sale can proceed and I expect to receive contracts for execution from the CSSO shortly.

Fisheries Protection. 590. Deputy Paul Gogarty asked the Minister for the Environment, Heritage and Local Government the action his officials or bodies under his remit will take to relocate the seals that are currently feeding off salmon at the River Liffey hatchery at Islandbridge run by a club (details supplied) in view of the fact that said seals are not operating in their natural habitat, and that they are single handedly preventing the Liffey from reaching the number of salmon required to allow for re-opening for fishing purposes; if his attention has been drawn to the tourism potential of fishing along the Liffey; and if he will make a statement on the matter. [4992/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Both Irish species of seal, the grey and harbour (or common) seal, are protected under the Wildlife Acts and the EU Habitats Directive. Seals sometimes follow migratory fish and may

1097 Questions— 12 February 2008. Written Answers

[Deputy John Gormley.] from time to time be found some distance up rivers. Under Section 42 of the Wildlife Act, 1976 (as amended) if seals are found to be causing serious damage to other fauna, to a fishery or to aquaculture installations they may be scared, captured or killed on receipt of a permit issued by the National Parks and Wildlife Service (NPWS) of my Department. An individual or organisation who is experiencing problems with seals can apply to the Licensing Section, NPWS, Ballybay, Co. Monaghan for a permit. Any decision to issue a permit will be made by the appropriate scientific staff and the regional staff from the area concerned. In 2007, 3 permits were issued to shoot a stated number of seals which were causing serious damage in fisheries. However, the shooting of seals in a built-up area such as Islandbridge raises safety issues which are dealt with under the Firearms Acts. My Department does not have any plans to relocate individual seals; however the club in question may wish to make an application under Section 42 of the Wildlife Act (as amended). Any application should include all relevant information to show that serious damage is being caused.

Greenhouse Gas Emissions. 591. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if he will provide a breakdown of the Government’s emission reduction targets for 2008 to 2012 between the EU emissions trading and non-emissions trading sectors; and if he will make a statement on the matter. [4478/08]

592. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the way actual emissions, as opposed to their allocated allowances, by organisations here participating in the EU’s emissions trading system in 2008 to 2012 will impact on the Government’s domestic 3% average annual reduction commitment; and if he will make a statement on the matter. [4479/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to answer Questions Nos. 591 and 592 together. Ireland’s commitment under the Kyoto Protocol is to limit national emissions to 13% above 1990 levels on average in the period 2008-2012, which equates to an annual average of approximately 63 mt (i.e. million tonnes of CO2-equivalent). The National Climate Change Strategy 2007-2012 provides a framework for meeting this commitment through reducing emissions across all sectors of the economy. The Strategy sets out a series of measures that, inclusive of the purchase of credits through the Kyoto Protocol flexible mechanisms, will achieve emissions savings of over 17 mt each year over the period 2008-2012. Approximately 3 mt of these savings are attributable to the EU emissions trading scheme, in which some 100 large industrial and power generation installations in Ireland are participating. These installations accounted for approximately 30% of national emissions in 2006. Follow- ing a Government decision on the total quantity of allowances that should be made available to these installations during the Kyoto Protocol period (2008-2012), the Environmental Protection Agency (EPA) has prepared a National Allocation Plan. This sets out the proposed allocation of approximately 22,280,000 allowances to each installation for each year covered by the Plan. The Plan is available to download from the website of the Agency at www.epa.ie. The scheme enables participating installations to emit in excess of their allocation provided they purchase additional allowances in respect of any excess emissions. Alternatively, an installation may choose to reduce its emissions to the level of its allocated allowances. In this regard, the scheme provides the flexibility for installations to meet their obligations in the most cost-effective manner available to them.

1098 Questions— 12 February 2008. Written Answers

Each installation’s emissions are recorded by the EPA for the purpose of compiling an annual national emissions inventory. Any emissions above the total annual allocation of 22,280,000 mt to the emissions trading scheme must be covered through trading arrangements by the installations concerned and will not therefore be counted in assessing Ireland’s compliance with the Kyoto Protocol. In other words, the emissions trading sector will account for just over 22 mt of the approximately 63 mt which Ireland is allowed under the Protocol as an annual average in 2008-2012, and the remainder of the economy will account for about 41 mt. Progress towards achieving the Government’s domestic 3% average annual reduction commitment may be measured with reference to net national greenhouse gas emissions. While this includes emissions from installations in the EU emissions trading scheme, the control of emissions within the scheme is primarily a matter for the scheme participants.

Local Authority Staff. 593. Deputy Ciara´n Lynch asked the Minister for the Environment, Heritage and Local Government the performance improvement indicators applied to local authorities and to which Departments; the person who is responsible for the measurement of performance improvement; the remuneration linked to performance improvement; and if he will make a statement on the matter. [4489/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I assume that the question is referring to the local authority service indicators initiative, which has been in place since 2004. A review of the service indicators was recently completed. There are now indicators across 46 headings as compared to the original 42. They cover a wide range of local authority functions including planning, housing, environment, recreation and amenity. An implementation team has been established in each local authority to collect, process and forward the service indicator data to the Local Government Management Service Board (LGMSB) who, in conjunction with the Local Computer Service Board, collate the results of the indicators. The results are audited by an Independent Assessment Panel (IAP). The LGMSB is required to present an annual report which contains a copy of the IAP findings to me. A copy of the 2006 report, which was published in June 2007, is available in the Oireachtas library. There is no remuneration scheme linked directly to service indicators. There is, however, a scheme for performance awards for senior local authority management under which participants are required to submit a statement of objectives at the beginning of the year and an assessment statement at the end of the year. A Committee for Performance Awards oversees the operation of the scheme and approves annual awards of up to 20% of pay for participants. The committee’s annual report is available on my Department’s website.

Special Protection Areas. 594. Deputy Paul Connaughton asked the Minister for the Environment, Heritage and Local Government if he will extend the date for appeal under the special protection area of Friday, 8 February 2008 for at least another four weeks to provide an opportunity for farmers to appeal; and if he will make a statement on the matter. [4498/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Special Protection Areas (SPA) are designated under the EU Birds Directive (79/409/EEC) as transposed into Irish Law by the European Communities (Natural Habitats) Regulations 1997. The Habitats Regulations allow a statutory time frame of 3 months in which parties with a

1099 Questions— 12 February 2008. Written Answers

[Deputy John Gormley.] legal interest can lodge an objection to a proposed designation. I have no proposals to extend that deadline. There has been a comprehensive public information campaign on the proposed Hen Harrier SPA designations. Some 5,500 landowners were notified directly in writing of the proposals to designate the 6 Hen Harrier SPAs. These proposals were also published in local media (radio and newspapers). Further to this, my Department ran a number of information clinics to assist landowners’ understanding of the proposed designations and their implications. The dates and venues of these clinics were advertised in local newspapers and radio.

Private Rented Accommodation. 595. Deputy Brian Hayes asked the Minister for the Environment, Heritage and Local Government the number of inspections that have been carried out by local authorities of privately rented properties by city and county councils; and if he will make a statement on the matter. [4502/08]

596. Deputy Brian Hayes asked the Minister for the Environment, Heritage and Local Government the number of inspections of privately rented properties by local authorities where the minimum standards were not met nationally; if he will provide a breakdown for each city and county council; and if he will make a statement on the matter. [4503/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): I propose to take Questions Nos. 595 and 596 together. Minimum standards for private rented accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 1993. All landlords have a legal obligation to ensure that their rented properties comply with these regulations. Failure to do so is an offence, subject, on summary conviction, to a fine not exceeding \3,000, or a term of six months in prison or both and \250 for each day of a continuing offence. Responsibility for enforcing the regulations rests with the relevant local authority. The number of inspections of private rented accommodation carried out on a county/city basis, and the number of dwellings inspected which did not meet the statutory requirements, as reported by local authorities, are published in the Annual Housing Statistics Bulletins, which are available in the Oireachtas Library and on my Department’s website at www.environ.ie.

Fire Stations. 597. Deputy Noel O’Flynn asked the Minister for the Environment, Heritage and Local Government if he is in receipt of an application for funding from Kilkenny County Council for the provision of a new fire station for Graiguenamanagh, County Kilkenny; and if so, if he will expedite a decision in relation to same. [4524/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Tony Killeen): The Department is in receipt of an application for approval in principle in respect of the construction of a two bay fire station in Graiguenamanagh, Co Kilkenny. The proposal will be considered for inclusion in the Department’s Fire Service Capital Programme having regard to the fire authority’s priorities, the facilities at the existing station, the level of activity, the proximity of other fire stations, and competing demands in relation to the resources available under the programme.

1100 Questions— 12 February 2008. Written Answers

Greenhouse Gas Emissions. 598. Deputy Ulick Burke asked the Minister for the Environment, Heritage and Local Government the reason the Government has adopted a policy to purchase carbon credits abroad and does not have a policy to develop a market for carbon trading here. [4534/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The National Climate Change Strategy 2007-12 signalled a potential purchasing requirement of up to 18 million carbon allowances in part fulfilment of Ireland’s obligations pursuant to the Kyoto Protocol. However, my intention is that Ireland will meet its obligations as far as possible by emission reductions through domestic action and achieve a 3% annual reduction on average over the Protocol’s five-year commitment period 2008-2012. As I set out in this year’s carbon budget, meeting this objective would enable the Government to limit the purchase of allowances to no more than 1 million per annum for the purpose of compliance under the Kyoto Protocol. While the purchase of an amount of allowances by a party to the Protocol eliminates the need for that party to reduce its greenhouse gas emissions by an equivalent amount, the Kyoto Protocol recognises the equivalence in impact of reductions in greenhouse gas emissions that take place anywhere in the world. The flexible mechanisms provide an essential nucleus for the development of a global carbon market and also promote the transfer of clean technology to developing countries. Within the overall framework provided by the National Climate Change Strategy, approximately 100 large industrial and power generation installations in Ireland are participating in the EU Emissions Trading Scheme. I refer to the reply to Question Nos. 591 and 592 on today’s order paper.

EU Directives. 599. Deputy Michael D. Higgins asked the Minister for the Environment, Heritage and Local Government the resources, including additional resources, which he proposes to make available to local authorities in each of the river basin districts in order to enable them to implement the EU water framework directive; when the timescale and expenditures in each case will be published and communicated to the local authorities in question; if the revision of the development plans in the areas of the local authorities have taken account of such additional expenditure as may be required; and if he will sanction such additional staff as will be necessary for preparation and implementation of the directive. [4547/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): A comprehensive programme of activities is currently under way by my Department, the EPA, local authorities and other relevant bodies for full implementation of the Water Framework Directive. My Department has to date committed funding amounting to some \63 million for river basin district projects, led by local authorities, to support implementation of the Directive. The necessary staffing to deal with water management in River Basin Districts is drawn from the relevant local authorities and a co-ordination function is exercised by a designated co- ordinating local authority in each district. I am reviewing the overall employment position in the local government sector, having regard to the need to deliver front line services, and achieve value for money within the parameters of Government policy on public service employment generally. As part of my review, my Department is consulting the Department of Finance in relation to the current ceiling on local authority staff numbers, including impacts in relation to increased EU requirements and other obligations in the local government sector. My Department is currently preparing guidance for local authorities in relation to the preparation of River Basin Management Plans. This will, inter alia, address the integration of the

1101 Questions— 12 February 2008. Written Answers

[Deputy John Gormley.] River Basin Management Plans with other plans and programmes, including County Develop- ment Plans and related Local Area Plans. Drafts of the River Basin Management Plans are due to be published in 2008, and they are due to be adopted by the end of 2009. The Plans will be accompanied by a Programme of Measures, aimed at achieving the environmental objectives set out; the Programme of Measures must be made operational by 2012 at the latest, with the aim of achieving the environmental objectives by 2015.

Water and Sewerage Schemes. 600. Deputy Pat Breen asked the Minister for the Environment, Heritage and Local Govern- ment his views on proposals for the installation of proprietary waste water treatment plants; if a grant scheme will be introduced; and if he will make a statement on the matter. [4582/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Part H of the Building Regulations (Drainage and Waste Water Disposal) and the relevant technical guidance document sets out the requirements for the treatment of effluent from wastewater systems. Wastewater treatment systems other than septic tanks are accepted as satisfactory provided they are fit for the use for which they are intended and for the conditions in which they are used. The Irish Agreement Board (IAB) is the national and European recognised body for certifying new building products or systems for which national standards do not exist. The IAB is an independent body which operates under the aegis of the Department of Enterprise, Trade and Employment. A new European Standard (EN 12566-3) for small wastewater treatment plants has been introduced and is now in the transitional phase of implementation. The need for new systems to comply with this standard has been brought to the attention of local authorities by my Department’s Circular Letters BC16/2006 and BC 2/2008, of 8 November 2006 and 28 January 2008 respectively. The Environmental Protection Agency (EPA) is currently finalising a revised edition of their Manual on Wastewater Treatment Systems serving Single Houses, in consultation with all interested parties. The Programme for Government also includes a commitment to introduce a support scheme for replacing and upgrading septic tanks older than 15 years with newer systems. My Department is currently considering the terms, conditions and other arrangements that may be appropriate to taking this commitment forward.

Social and Affordable Housing. 601. Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government the number of people on affordable housing waiting lists for each local authority area in 2006; and if he will make a statement on the matter. [4585/08]

602. Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government the number of people on affordable housing waiting lists for each local authority area in 2007; and if he will make a statement on the matter. [4587/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): I propose to take Questions Nos. 601 and 602 together. Assessment of the overall requirement for affordable homes is primarily a matter for local authorities. While comprehensive information on the numbers applying for all affordable housing schemes is not collected by my Department, the indications are that demand for affordable housing remains strong in certain areas, particularly in the Greater Dublin Area and near other major urban centres. Information on the numbers who have applied for the shared ownership

1102 Questions— 12 February 2008. Written Answers scheme in 2006 and up to end of September in 2007 is published in my Department’s Housing Statistics Bulletins, copies of which are available in the Oireachtas Library and also on my Department’s website at www.environ.ie.

Air Pollution. 603. Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government if Wicklow town is exempt with regard to clean air policy and smoking coal; if the clean air policy will be reviewed to cover Wicklow town; if his attention has been drawn to reports of smog from Wicklow town and elsewhere in the country; the parts of County Wicklow covered by clean air policy; and if he will make a statement on the matter. [4593/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Tony Killeen): As stated in the reply to Question No. 1355 of 30 January 2008, the ban on the marketing, sale and distribution of bituminous coal currently applies in 16 urban areas nationally. The selection of these areas took account of air quality monitoring data and population size. On the basis of these criteria, the ban currently applies to two towns in Co. Wicklow, Bray and Arklow. In April 2006, the Department and the Solid Fuel Trade Group signed a new negotiated agreement on further reducing the sulphur content of bituminous coal and petcoke, and the maintenance of existing limitations on the marketing, sale and distribution of solid fuels in designated smokeless zones. This agreement follows on from a previous agreement put in place in 2002 and runs until the end of the current fuel season in April 2008. Under the agreement, there is a temporary moratorium on the designation of further coal ban areas, except where required to ensure adherence to air quality standards. This has not been necessary. A review of the 2006 — 2008 agreement will take place shortly with a view to putting in place a further agreement for the following 3-year period. The designation of any new towns will be considered in the course of the review and will have regard, inter alia, to local air quality standards and population. I am informed that no issue in relation to smog in Wicklow town due to the burning of bituminous coal has been brought to the attention of the Department.

Election Management System. 604. Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government his plans to bring the e-voting machine situation to a conclusion. [4629/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I am at present considering the next steps to be taken in relation to this project. In this, I am taking into account the work of the Commission on Electronic Voting, relevant experiences and developments internationally, and the need to maintain public confidence in the electoral process, as well as the provisions in the Programme for Government relating to electoral reform generally.

Planning Issues. 605. Deputy Pa´draic McCormack asked the Minister for the Environment, Heritage and Local Government the position of the implementation of S.I. 666 of 2006 where planning permission is granted after 1 January 2007 and requires a building energy rating certificate; if his Department is insisting that if all sales of houses granted permission after 1 January 2007 are not completed that they have to be building energy rated certified; if his Department is insisting that solicitors for purchasers insist that such houses for sale have a building energy rated certificate; and if he will make a statement on the matter. [4632/08]

1103 Questions— 12 February 2008. Written Answers

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The EU Directive on the Energy Performance of Buildings, which was transposed into Irish law in 2006 by Statutory Instrument S.I. No. 666 of 2006, introduced a requirement for a Building Energy Rating System, or BER as it is more commonly known. The intention of the BER system is that buildings will have an energy rating similar to the way in which white goods are rated and that its practical merits are, therefore, easily understood by the consumer. The BER system is being implemented in 3 phases:

• BER for new dwellings was introduced with effect from 1 January 2007, with a transitional exemption applying to new dwellings for which planning permission was applied for on or before 31 December 2006, and provided they are substantially completed by 30 June 2008;

• BER for new non-domestic buildings will commence from 1 July 2008, with a transitional exemption applying for buildings for which planning permission was applied for on or before 30 June 2008 and provided they are substantially completed by 30 June, 2010; and

• BER for existing buildings of any class being offered for sale or letting will commence from 1 January, 2009.

Thus, there is a legal requirement that any new dwelling granted planning permission after 1 January 2007, unless qualifying for the transitional exemption, must have a BER Certificate. In these circumstances, Solicitors acting for purchasers are expected to ensure that all legal requirements are met before completing the purchase.

606. Deputy Brian Hayes asked the Minister for the Environment, Heritage and Local Government if he will amend existing legislation to oblige local authorities to consult meaning- fully with the communities and their representatives on all planning decisions that affect their community by way of the establishment of a community planning forum for the purposes of achieving sustainable development; and if he will make a statement on the matter. [4652/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): City and county development plans set the objectives for the proper planning and sustainable development of their areas. Local area plans translate these objectives at local level. Extensive public consultation by planning authorities in relation to the making and variation of development plans and local area plans is provided for under Part II of the Planning and Development Act 2000, as amended by the Planning and Development (Amendment) Act 2002. Section 18(6) of the 2000 Act, specifically provides that a planning authority may enter into an arrangement with a local community group for the preparation, or the carrying out of any aspect of the preparation, of a local area plan. I have no proposals to amend the existing legislation in this area. Local authorities engage with the community on a regular basis through both statutory and non-statutory fora, such the County and City Development Boards, Strategic Policy Commit- tees and the Community and Voluntary sector on a range of policy areas that are central to the development plan and local area plan processes such as housing, community development and the environment. It is open to any community to establish a planning forum if it so wishes, and its relationship and involvement with its local planning authority is a matter between the local community and the relevant planning authority.

Local Authority Housing. 607. Deputy Sea´nO´ Fearghaı´l asked the Minister for the Environment, Heritage and Local

1104 Questions— 12 February 2008. Written Answers

Government if he has received a submission (details supplied) from Athy Town Council on the purchase of a number of housing units; when his Department will make a decision on this matter; and if he will make a decision on the matter. [4666/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): The local authority made a submission in respect of the development in question on 24 July 2007. The submission was considered by my Department and a letter issued to the authority on 12 September 2007 requesting clarification on a number of points. A reminder issued on 30 January 2008. A reply is awaited from the local authority.

Economic Competitiveness. 608. Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government the recommendations of the Competition Authority regarding architects that he has implemented to date; and if he will make a statement on the matter. [4681/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Report of the Competition Authority, Competition in Professional Services — Architects, was published in March 2006. The Report contained a number of recommendations in regard to the legislative proposals which were contained in the Building Control Bill 2005, which was then before the Oireachtas, for registration of the titles of building professionals, including that of “Architect”. The Bill was subsequently enacted in April 2007, and provided, inter alia, for four new structures for the registration of the professions of Architects, Quantity Surveyors and Building Surveyors, viz, an Admissions Board; a Technical Assessment Board; a Pro- fessional Conduct Committee and an Appeals Board. The following recommendations of the Report were accepted and included in the Building Control Act 2007:

• Chairpersons of the four Boards/Committee to be appointed directly by the Minister;

• Architectural representation on Boards/Committee to be on the basis of election by registered Architects, except for the first appointments;

• Use of unrelated titles incorporating the word “Architect”, such as “Architectural Tech- nician”, so as not to restrict the use of such titles;

• Code of Conduct on professional standards to be subject to public consultation and to consultation with the Competition Authority, together with any subsequent amendments to it;

• Quorum at meetings of Boards/Committee to have majority of lay members;

• Specific role of other persons appointed by Registration Body to assist in the administration of the registration scheme.

I propose to make the necessary Commencement Order shortly to commence the main Parts of the Building Control Act 2007, including Part 3 dealing with the Registration of Architects.

Private Rented Accommodation. 609. Deputy Catherine Byrne asked the Minister for the Environment, Heritage and Local Government the number of landlords who have subscribed to the rental accommodation scheme to date in Dublin city; and if he will make a statement on the matter. [4741/08]

1105 Questions— 12 February 2008. Written Answers

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): I am advised by Dublin City Council that currently there are 330 private sector landlords providing housing units under the Rental Accommodation Scheme in the Dublin City area.

Light Pollution. 610. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the severe light pollution caused by a centre (details supplied) in County Dublin which adversely affects residents of Donabate, Lusk, Rush and Swords; if he will investigate the situation; and if he will make a statement on the matter. [4746/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): There is no environmental legislation pending or in force, at either EU or national level, on light pollution. The question of whether a facility is in compliance with any condition of its planning permission is a matter for the relevant local authority and I have no function in relation to any individual case. I do, of course, share the general concern that excessive or unnecessary lighting should be minimised, in the interest of public amenity but also to conserve energy and reduce carbon emissions. Sustainable Energy Ireland is working with the business sector to promote a range of energy conservation measures which include the use of lower voltage energy efficient lighting.

Departmental Correspondence. 611. Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government when final approval and execution will issue in relation to a person (details supplied) in County Roscommon; when payment will issue; and if he will make a statement on the matter. [4748/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Contracts in this case have been executed and cheques will issue shortly to the Chief State Solicitor’s Office, which will forward them, along with closing documents, to the vendor’s solicitor.

Departmental Staff. 612. Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government the number of agency workers employed by his Department and by State agencies which fall under the auspices of his Department. [4785/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): There are no agency workers employed by my Department. Day to day operational matters, including the engagement of agency workers, in the agencies reporting to my Department are matters for the individual agencies concerned.

Departmental Correspondence. 613. Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government when the national parks and wildlife service received an application to remove silt from the Shannon Cut, Banagher, County Offaly; when the NPWS will make a decision on this application; and if he will make a statement on the matter. [4798/08]

1106 Questions— 12 February 2008. Written Answers

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I understand that the works in question are primarily the responsibility of the Office of Public Works (OPW). My Department received an application for consent from OPW on 3 September 2007 and replied on 14 September requesting further information. We will make a decision on the application following receipt and examination of the information requested.

Air Pollution. 614. Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government if regulations (details supplied) are in place; if legislation has gone through Da´il E´ ireann in this regard; if so, the dates in relation to same; and when the regulations became law. [4808/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Limitation of Emissions of Volatile Organic Compounds Due To The Use of Organic Solvents in Certain Paints Varnishes and Vehicle Refinishing Products Regulations 2007 (SI 199 Of 2007), were made under section 3 of the European Communities Act 1972 (No. 27 of 1972) and sections 10, 13, 14 and 23 of the Air Pollution Act 1987 (No. 6 of 1987) for the purpose of giving effect to Council Directive 2004/42/C. The Regulations were signed on 3 May 2007 and entered into effect on that day. Enforcement of the Regulations is a matter for local authorities and the Environmental Protection Agency. Publication by the Agency of best practice guidelines to assist in implementing the Regulations is expected shortly.

Flood Relief. 615. Deputy Timmy Dooley asked the Minister for the Environment, Heritage and Local Government when the national parks and wildlife service will be in a position to make a decision on the proposed works by the Office of Public Works to alleviate flooding in the Springfield area of Clonlara, County Clare. [4826/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Ecological Impact Statement (7 January 2008), Engineering Report (December 2007) and Hydraulic Model Study (December 2007) were received by my Department on 15 January 2008. Further information was received on 22 January 2008. The reports are currently being assessed. There is a priority habitat (alluvial woodland) involved in the scheme and further data are likely to be required before a decision can be made on the acceptability of the scheme under Article 6 of the EU Habitats Directive. However, I am hopeful that the matter may be resolved within weeks.

Water and Sewerage Schemes. 616. Deputy Timmy Dooley asked the Minister for the Environment, Heritage and Local Government when the new Ennis water treatment system will be operational. [4827/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): My Department approved Clare County Council’s tender recommendation for the Ennis town Water Supply/Treatment scheme in May 2007 and the construction and completion of the works is a matter for the Council. However, I understand that the contract signed in July 2007 anticipates a completion date of February 2009.

617. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government when it is expected to advance the Balyna group water scheme County Kildare; if the wellheads at Cloona/Drehid will be utilised as a source in the context of the scheme; the

1107 Questions— 12 February 2008. Written Answers

[Deputy Bernard J. Durkan.] current or projected cost of the scheme; and if he will make a statement on the matter. [4838/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Tony Killeen): The Ballyna Regional Water Supply Scheme, which replaces a previous proposal to serve the area through a group water scheme, is included in my Department’s Water Services Investment Programme 2007-2009 as a scheme to advance through planning at an estimated cost of \11.5m. My Department is awaiting submission of Kildare County Council’s brief for the appointment of consultants to prepare a Preliminary Report for the scheme. The Ballyna scheme will, I understand, use wellheads at Cloona/Drehid Robertstown that form part of the Roberststown and Johnstownbridge Wellfields Scheme as its source.

Water Charges. 618. Deputy Ruairı´ Quinn asked the Minister for the Environment, Heritage and Local Government if, arising from the Government decision of 4 January 2008 with respect to transitional arrangements for charging schools for water services, it is the intention of his Depart- ment to issue a circular to all local authorities directing them to comply with the terms of that announcement having regard to a charge of \3 per pupil for 2007, \3.50 per pupil for 2008 and \4 per pupil for 2009; and if he will make a statement on the matter. [4852/08]

619. Deputy Ruairı´ Quinn asked the Minister for the Environment, Heritage and Local Government the steps, in view of the joint presentation (details supplied) on the issue of water charges, that have been taken by his Department to co-operate in the implementation of the Government decision of 4 January 2008 to fix a per capita charge of \3 per pupil for 2007, \3.50 per pupil for 2008 and \4 per pupil for 2009; and if he will make a statement on the matter. [4854/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 618 and 619 together. Local authorities were advised by my Department’s Circular Letter WSP1/08 of 9 January 2008 of the details of the transitional water charging arrangements applicable to recognised schools for 2007, 2008 and 2009. I am arranging to have a copy of this circular forwarded to the Deputy.

Fire Stations. 620. Deputy John Deasy asked the Minister for the Environment, Heritage and Local Government the position regarding the proposed new fire station for Tallow, County Waterford in view of his Department’s notification in May 2007 to Waterford County Council that \600,000 had been allocated for the project; and if he will make a statement on the matter. [4954/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Tony Killeen): As stated in the reply to Question No. 207 of 1 November 2007, I understand that the figure of \600,000 referred to in the question represented an early estimate of potential financial commitments in respect of the construction of a fire station in the town rather than an actual commitment under the Fire Services Capital Programme for 2007. The Department requested Waterford County Council to prioritise projects it wishes to progress under the Fire Services Capital Programme. The council responded to the effect that Lismore and Portlaw were its first and second priorities for replacement fire stations ahead of

1108 Questions— 12 February 2008. Written Answers

Tallow. The provision of exchequer funding for a replacement fire station in Tallow will be considered under future capital programmes having regard to Waterford County Council’s priorities, the existing facilities at the station, the proximity of other stations, and the competing demands from other fire authorities for available funding.

Purchase of Lands. 621. Deputy Pat Breen asked the Minister for the Environment, Heritage and Local Govern- ment when payment will issue to a person (details supplied) in County Galway; and if he will make a statement on the matter. [4958/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Contracts were executed on my behalf and cheques issued to the Chief State Solicitor’s Office (CSSO) in October, 2007. I have requested the CSSO to complete this file as soon as possible, and have been assured that closing documents have been prepared and that this sale will close shortly.

Local Authority Housing. 622. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government when he will make funds available to Kells Town Council to commence a refurbishment plan (details supplied) in County Meath; and if he will make a statement on the matter. [5025/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): On 8 February 2008, my Department issued approval to Meath County Council, setting out a budget cost of \5,462,702 to proceed with the works to the estate in question. It is now a matter for the Council to progress this project.

623. Deputy Ruairı´ Quinn asked the Minister for the Environment, Heritage and Local Government if he will confirm the month and year his Department received an application for precinct improvement works from a local authority (details supplied); when the local authority may accept a decision that the capital funding allocation has been made in order that it can make arrangements for the necessary and essential work to start; and if he will make a statement on the matter. [5047/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): Under the Housing Management Initiative, local authorities have been given direct control, from 1 January 2007, in relation to their internal capital receipts from the sale of local authority dwellings, to be used primarily for their improvement works programmes. While my Department approves the overall programmes it is the responsibility of local authorities to prioritise and advance individual projects. The overall programme proposed by Dublin City Council was submitted to my Department on 30 March, 2007 and approved on 24 April, 2007. Prior to the introduction of the new delegated arrangements, proposals on individual projects were submitted to my Department. In this context, Dublin City Council sought approval on 27 September 2006 for precinct improvement works to the development in question. In November 2006 my Department wrote to the Council seeking clarification on a number of issues. Follow- ing a response on 24 January 2008, in which the Council sought to reactivate the project on the basis that the outstanding issues had been resolved, my Department wrote to the Council on 8 February 2008 advising that it should now proceed with the improvement works to the complex as set out in its 2007 Improvement Works Programme.

1109 Questions— 12 February 2008. Written Answers

Data Protection. 624. Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government if he has been informed by any of the agencies attached to his Department, if those agencies have lost or had stolen from them any disks, laptops or memory storage devices containing personal information regarding members of the public; and if he will make a statement on the matter. [5075/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The management or security of data in any of the agencies under the aegis of my Department is a matter for each agency concerned.

Proposed Legislation. 625. Deputy Andrew Doyle asked the Minister for the Environment, Heritage and Local Government the reason for the delay in publishing the regulations governing dog breeding, promised in 2007. [5083/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Work is underway in my Department in drafting regulations to implement the majority recommendations of the Working Group to Review the Management of Dog Breeding Establish- ments. The issues involved are complex and have required careful consideration. My Depart- ment has also been engaged in consultation with relevant stakeholders. It is my intention to have the regulations finalised as soon as possible.

National Spatial Strategy. 626. Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government the projects that have been completed in the two national development plans to date in respect of each hub and gateway of the national spatial strategy; and the projects listed for completion by 2013. [5086/08]

627. Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government when his Department’s national spatial strategy monitoring committee last met; the regularity with which it meets; the headings under which progress is reported to the committee in respect of the strategy; the numerical performance indicators used; if the strategy is ahead or behind schedule in its implementation; and the way the committee monitors the NSS. [5087/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to answer Questions Nos. 626 and 627 together. The National Development Plan 2000-2006 identified the five cities of Dublin, Cork, Limerick, Galway and Waterford to be key regional growth centres for future regional investment and development. In addition, the NDP also recommended the preparation of a national spatial strategy to inform future investment decisions, secure more balanced regional development and facilitate sustainable development in economic, social and environmental terms. The National Spatial Strategy (NSS) was launched in November 2002, and identified nine strategically located gateway cities and towns to act as economic drivers for their wider regions, and nine hub towns to link those gateway regions. Among the principal objectives of the 20-year Strategy are to build up the strengths of all areas through a better spread of economic activity, employment and population growth, to energise the potential of all urban and rural areas and to set a national context for regional and local planning strategies.

1110 Questions— 12 February 2008. Written Answers

The 2004 Regional Planning Guidelines translate the national NSS objectives and priorities into a regional and local context, with comprehensive land use and transportation strategic frameworks developed for each of the gateways. Moreover, key Government policies and investment programmes, such as Transport 21, are now consistent with the NSS. The alignment of future residential and commercial developments with existing and forthcoming public transport systems will further support sustainable patterns of growth. My Department has undertaken and commissioned extensive research to support the development of the NSS Gateways and Hubs, and has published two studies that comprehensively set out development issues and investment priorities in each of these locations. The two reports, the Gateway Investment Priorities Study (2006) and the NSS Hubs — Development Issues and Challenges (2007), which are both available on my Department’s website — www.environ.ie, provide detailed descriptions of the current status of each of the gateways and hubs and the progress being made to accelerate their growth, identify development issues and challenges associated with these strategic locations and make recommendations to support and advance their future growth. These findings and key recommendations are now being prioritised in the development plans for these cities and towns. The current National Development Plan 2007-2013 has been fully aligned with the principles and objectives of the NSS, and has, in addition, made specific provision for a cross-sectoral \300 million Gateway Innovation Fund (GIF). This will help to fund particular investments that can trigger the accelerated development of the gateways and their wider regions. Following a competitive call, proposals have been received for funding under the GIF from all nine Gateways and these are currently being evaluated. The Minister for Finance and I will jointly bring our proposed funding allocations to Cabinet in the near future. In tandem with NDP annual reporting and monitoring, an NSS monitoring framework is being developed to identify how investments are being prioritised to implement the NSS and to assess how well the NSS is working in practice, both in terms of policy alignment and key outputs achieved. A high-level NSS Inter-Departmental Steering Committee (IDSC) was established in 2003 to oversee implementation of the Strategy; the Committee meets on a quarterly basis and last met on 8 January, 2008. The Committee comprises representatives from a number of key Departments including Taoiseach; Finance; Transport; Enterprise, Trade & Employment; Arts, Sports and Tourism; Communications, Energy and Natural Resources; Education & Science; and Community, Rural and Gaeltacht Affairs, and State agencies such as Forfa´s. The Steering Committee is chaired by my Department and assists with co-ordinating implementation of the NSS and ensuring that it informs the spatial aspects of all relevant public sector programmes, including in relation to the determination of investment priorities.

Departmental Transport. 628. Deputy Simon Coveney asked the Minister for the Environment, Heritage and Local Government if the national parks and wildlife service fleet of 160 vehicles moved to a bio-fuel blend of 5% during 2007, as announced in the national climate change strategy. [5108/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The current fleet of the National Parks and Wildlife Service (NPWS) of my Department is now capable of running on biodiesel. NPWS avails of a supply contract which has been put in place by the Office of Public Works (OPW) for biodiesel with 5% biofuel content. It is the official policy of my Department, as circulated to all NPWS staff in 2007, that biofuels should be available in all NPWS depots and that every effort should be made by staff to refuel using appropriate biofuels.

1111 Questions— 12 February 2008. Written Answers

Housing Grants. 629. Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government if there are grants available from his Department to enable people who are experiencing health difficulties to build on to their private dwellings, additional facilities downstairs such as new bathroom and water closet facilities, where such facilities are located on the upper floor; and if he will make a statement on the matter. [5163/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): The Housing Adaptation Grant Scheme, for people with a disability, which is administered by local authorities, is intended to provide grant aid towards the adaptation or provision of accommodation to meet the needs of a person with a disability. The types of works aided include the provision of access ramps, downstairs toilet facilities, stair-lifts, accessible showers, adaptations to facilitate wheelchair access, extensions, and any other works which are reasonably necessary for the purposes of rendering a house more suitable for the accommodation needs of a person with a disability. The effective maximum grant available under the scheme is \30,000, which may cover up to 95% of the approved cost of works. Prioritisation of eligibility is on the basis of medical and financial need with 95% of the approved cost of work available to those with annual household incomes of less than \30,000, tapering to 30% for those with annual household incomes of \54,001 to \65,000.

Planning Issues. 630. Deputy Jim O’Keeffe asked the Minister for the Environment, Heritage and Local Government if he has proposals for the co-ordination of the foreshore licensing regime and the planning code in addition to other regulatory codes, where there is a clear need for greater simplification and co-ordination of regulations especially on issues such as the development of marinas; and if he will make a statement on the matter. [5180/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Government decided in October 2007 that responsibility for a range of matters relating, inter alia, to foreshore licensing, coastal zone management and sea fisheries should be transferred from the Department of Communications, Energy and Natural Resources, to the Department of Agriculture, Food and Fisheries. Certain functions relating to foreshore licensing in respect of particular harbours and for all energy developments, along with responsibility for coastal protection, coastal flooding and all other aspects of coastal zone management are to be transferred onwards to my Department, pending preparation of the necessary legislation by the Department of Agriculture, Food and Fisheries. The transfer provides my Department with an opportunity to review existing foreshore legislation, and my officials have been examining the interface between the planning code and foreshore licensing with a view over the medium term to ensuring rigorous environmental controls in relation to foreshore licensing arrangements, and maximum coherence between foreshore licensing and existing land use/development consent procedures.

Housing Grants. 631. Deputy Martin Mansergh asked the Minister for the Environment, Heritage and Local Government his views on a motion passed by Carrick-on-Suir town council on 14 January 2008 and sent to him on 15 January calling on him to ensure that all borough and town council authorities receive their annual housing capital allocation directly based on needs as identified by those authorities and retaining control over all matters pertaining to public housing in their areas. [5207/08]

1112 Questions— 12 February 2008. Written Answers

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): I refer to the reply to Question Nos. 666 and 624 of 27 November 2007. County and city councils have since been provided with an indication of the general level of Exchequer funding that will be available over the next three years for the main housing programmes. Otherwise the position is unchanged.

Water and Sewerage Schemes. 632. Deputy Martin Ferris asked the Minister for the Environment, Heritage and Local Government the formula his Department uses to assess the financial contribution of local authorities towards capital water and sewage schemes based on the EU water framework directive; and if this means that there is no flexibility in the level of contribution requested from a local authority to the capital cost of these schemes. [5222/08]

633. Deputy Martin Ferris asked the Minister for the Environment, Heritage and Local Government his views on the serious impact on businesses and development across the State, through increases in the development contribution scheme and other charges, if the levels of financial contribution from local authorities towards the capital cost of major water and sewage schemes currently being sought by his Department are not revised and reduced significantly. [5223/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to answer Questions Nos. 632 and 633 together. Development contributions are a key mechanism in ensuring that the local community gains from new developments. Section 48 of the Planning and Development Act 2000 provides that planning authorities may levy development contributions in respect of public infrastructure and facilities provided by, or on behalf, of the authority that benefit development in the area, based on a scheme of contributions adopted for the area. The Act requires planning authorities to base the contributions levied on the actual estimated cost of providing the infrastructure in question. Development contribution schemes are adopted by the elected members of planning authorities after a public consultation process. This approach has been endorsed by the Oireachtas in the context of the enactment of the 2000 Act. In May 2007 my Department published a report arising from the deliberations of an Inter- Departmental Committee on Development Contribution Schemes. This report was also accompanied by a guidance circular to all planning authorities which focused on a number of key issues identified by the Committee. Authorities were reminded of the need for extensive consultation with stakeholders in drawing up and administering schemes, the importance of openness and accountability, and the importance of achieving a balance between an appropriate level of development contribution charges and the need to attract future investment into their areas. In accordance with the EU Water Framework Directive, water services authorities are required to recover the cost of providing water services from the users of these services, on the basis of average operational and marginal capital costs, with the exception of households using water services for domestic purposes, and subject to the special transitional arrangements for recognised schools, which were recently approved by the Government. The recovery of the cost of providing water services to the non-domestic sector is achieved by means of meter based volumetric charges; metering of the non-domestic sector for this purpose is expected to be completed by mid-2008. All projects funded under my Department’s Water Services Investment Programme require that the marginal capital cost of servicing non-domestic consumers should be met by the non- domestic sector. Marginal capital cost is calculated on the basis of existing and future non-

1113 Questions— 12 February 2008. Written Answers

[Deputy John Gormley.] domestic capacity requirements which vary from scheme to scheme. Non-domestic marginal capital costs are recovered by a water services authority from all non-domestic consumers in its functional area (i.e. on a county-wide basis) through a combination of water charges on non-domestic customers and development contributions.

Departmental Staff. 634. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if persons have been dismissed from the Civil Service since the provisions of the Civil Service Regulation Act 2005 were introduced; the number and grade of the persons concerned; and if he will make a statement on the matter. [5662/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): No member of staff of my Department has been dismissed since the provisions of the Civil Service Regulation (Amendment) Act 2005 were introduced.

Departmental Expenditure. 635. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the amount paid to civil servants by way of travel, subsistence or overnight allowances or payments for each of the years 2002 to the end of 2007; and if he will make a statement on the matter. [5676/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Details of amounts paid to civil servants by way of travel, subsistence or overnight allowances, including amounts paid to suppliers for travel services, are set out in the table below for the period in question. My Department employs approximately 1,300 staff who are stationed in over 40 locations throughout the country discharging our responsibility for environment and heritage matters, for housing and other infrastructure, for physical and spatial planning, and for local government. The Department also participates in international fora to address regional and global environmental problems including actively engaging with a range of EU and UN institutions and other international bodies. Staff of the Department travel on an ongoing basis in relation to these functions. In addition my Department is a partner organisation in the “One Small Step” campaign which is a major public awareness initiative being piloted by the Dublin Transportation Office. It is designed to motivate motorists to examine their car usage patterns and to try alternative modes of transport for at least some of their journeys to benefit both themselves and the environment.

Year \

2002 3,271,332* 2003 3,718,776* 2004 2,965,194 2005 2,974,377 2006 3,342,579 2007 3,394,004 * 2002 and 2003 includes provision for 885 staff who transferred to OPW on 1 January 2004.

Alternative Energy Projects. 636. Deputy Joe McHugh asked the Minister for Communications, Energy and Natural Resources if he will make grant assistance available to householders who wish to go eco- 1114 Questions— 12 February 2008. Written Answers friendly and install their own domestic generators, similar to Northern Ireland; and if he will make a statement on the matter. [4713/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Eco- friendly domestic generation, or “microgeneration” involves the small-scale production of heat and/or electricity from a low carbon source. Market studies in the U.K. and elsewhere have found that, in the long term, supported by appropriate market development measures, such generation has the potential to make a contribution to the reduction of energy related CO21 emissions. Sustainable Energy Ireland (SEI) is now working towards the launch of a pilot programme on microgeneration later this year. The CER has also recently issued a decision on micro generation. This decision is set out in the document CER/07/208, ‘Arrangements for Micro Generation’. My Department intends rolling out further measures, which have significant long term potential should new generation technologies be built into all new buildings from their construction start.

Energy Policy. 637. Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources when Enterprise Ireland and Sustainable Energy Ireland are scheduled to review and recommend on economic, employment and value added opportunities for the energy sector here in view of EU and national energy policy developments; if this review is on schedule to be completed in early 2008 as stated in the energy White Paper; and if not, when the review is scheduled to be completed. [4466/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): There is considerable potential for the Irish energy enterprise sector to grow significantly through the delivery of the Government’s targets for renewable energy and energy efficiency. Our energy and climate change policy goals also have the potential to create economic opportunities, not just in the energy sector itself but also across a range of sectors including construction, engineering, information technology and forestry. As part of the process of developing the economic employment and value added opportunities for the Irish energy sector, I hosted an Employment from Energy Initiative Forum last July which brought key industry players together with Enterprise Ireland, Sustainable Energy Ireland (SEI), Departments and other agencies to discuss the way forward for energy enterprise. One of the key messages from the forum was the need to ensure a fully whole of Government approach which supports industry players and energy stakeholders through appropriate and coordinated structures. I am hosting an Energy Summit next month which takes the engagement with industry a significant step further by facilitating direct interaction with myself and Ministerial colleagues on the development of sustainable energy enterprise. This continuing dialogue with the energy enterprise sector, together with ongoing work by SEI and Enterprise Ireland is, in my view, key to realising the economic opportunities for the energy sector which the industry itself is best placed to identify. In light of these developments my Department will be holding further discussions with Enterprise Ireland on the specific issues requiring review.

Departmental Programmes. 638. Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources if the fuel poverty action research project was completed by the end of 2007 as

1115 Questions— 12 February 2008. Written Answers

[Deputy Simon Coveney.] stated in the energy White Paper; if so, the location where the results can be seen; and if not, when completion is scheduled. [4467/08]

639. Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources if a directory of all national and local schemes of assistance in relation to fuel poverty was published in 2007 as stated in the energy White Paper; if so, the location where it can be found; and if not, when it is scheduled to be published. [4468/08]

640. Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources if an interdepartmental or inter-agency group was established in 2007 to oversee all fuel poverty initiatives, as stated in the energy White Paper; if so, when it was established; if it has met; the location where reports can be seen; and if not, when it is scheduled to be established. [4469/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I propose to take Questions Nos. 638 to 640, inclusive, together. The Fuel Poverty Action Research Project is assessing the effectiveness of the interventions delivered under the current Warmer Homes Scheme in addressing fuel poverty. This Scheme is operated by Sustainable Energy Ireland (SEI) which is funded largely from my Department’s Vote. The bulk of the relevant interventions were carried out during 2007 and those being assessed in the research project are as follows:

• Attic insulation

• Cavity wall insulation

• Draught proofing

• CFL bulbs

• Lagging jackets

• Energy advice

As part of the project, pre-intervention interviews/assessments were completed in 2007 and the above listed home energy efficiency measures were applied thereafter. The post-intervention interviews/assessments are currently ongoing. The timing of these surveys is to ensure that a year elapses between pre and post intervention interviews. The interim report of the Fuel Poverty Action Research Project is due for circulation to the project steering group in March 2008 and it is expected that the final report will be published in summer 2008. A single directory of all national and local schemes of assistance in relation to fuel poverty has yet to be published. Much of the relevant material can be found in the ‘Keep Well This Winter, Stay Well and Warm’ publication. This information pack was developed by a steering group comprising representatives from the Health Service Executive (HSE), ESB Customer Supply, SEI, the Department of Social and Family Affairs, Age Action Ireland, Combat Poverty Agency and An Post. It contains advice for householders about:

1. Keeping well and warm;

2. Heating their home;

3. Useful phone numbers of service providers;

1116 Questions— 12 February 2008. Written Answers

4. A temperature card; and

5. Available allowances under the Social Welfare system, such as the fuel allowance scheme

6. The Warmer Homes Scheme, including a full list of providers.

The pack was published during winter 2006-2007 and is available in most pharmacies, post offices, doctors’ surgeries and citizens’ information offices. Approximately 250,000 copies were printed and further copies are available from the ESB and the HSE. The SEI’s website also provides relevant information. The Energy White Paper states that the Inter Departmental/Inter Agency Group on Fuel Poverty is to be chaired by the Office of Social Inclusion. This Office is the Government office with overall responsibility for co-ordinating and driving the government social inclusion agenda and is based in the Department of Social and Family Affairs. Contact has been established between my Department and the Office on the matter. It is preferable to await the outcome of the fuel poverty research project currently in progress, as set out above, before the group is established and the directory compiled.

Energy Policy. 641. Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources if a review of dividend policy for the semi-State energy enterprises was completed in conjunction with the Department of Finance in 2007 as stated in the energy White Paper; if so, when the review was completed and the location where the results can be found; and if not, when such a review is scheduled to be completed. [4470/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The dividend review processes in relation to Bord Ga´is E´ ireann and Bord na Mo´ na plc commenced in 2007 and will be finalised in the coming months. The outcomes will reflect the commitments made in relation to the two companies in the Government’s Energy Policy Framework 2007–2020. Preliminary consideration has been given to the review of dividend policy for the ESB. The matter is to be more fully addressed in the broader context of implementation of commitments under the Energy Policy Framework. As the companies involved are commercial bodies operating in an increasingly competitive energy market, the outcomes agreed with the shareholding Departments are commercially sensitive and will not be for public release. However, the amounts of dividends paid by the companies to the Exchequer are available in the companies’ published Annual Reports and Accounts.

642. Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources if a review and update of the all-island energy market framework was completed in 2007 as stated in the energy White Paper; if so, when it was completed and the location where the results can be seen; and if not, when such a review is scheduled to be completed. [4471/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The All-Island Energy Market Framework is currently being reviewed by a steering group comprised of officials from my Department, the Northern Department of Enterprise, Trade and Investment, the Commission for Energy Regulation and the Northern Ireland Authority for Utility Regulation, in light of the successful launch of the Single Electricity Market on 1st November 2007. I expect to publish the revised Framework document in Autumn this year.

Electricity Generation. 643. Deputy Thomas Byrne asked the Minister for Communications, Energy and Natural

1117 Questions— 12 February 2008. Written Answers

[Deputy Thomas Byrne.] Resources his plans with regard to the transmission assets of ESB; and if there are Government plans for the privatisation of ESB or Eirgrid. [4480/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Programme for Government 2007-2012, reaffirms the commitment in the Energy Policy White Paper to the transfer of ownership of the electricity transmission network assets from ESB to Eirgrid by end 2008. The mechanisms to implement the transfer to Eirgrid of ownership of the assets comprise a range of legislative, commercial, legal and financial dimensions, which are currently under consideration by my Department. In line with successive Partnership Agreements, there will be a full process of engagement with the management and unions of both ESB and Eirgrid on implementation of the transfer of the asset ownership function. The process will also include engagement on legitimate concerns of the ESB’s Employee Share Ownership Trust (ESOT). Government policy is clear in relation to implementation of the transmission assets decision in a way that ensures the strategic future of both Eirgrid and ESB as strong viable Semi State entities, as well as reflecting the position of the State and the ESOT as shareholders. There is therefore, no proposal to privatise ESB or Eirgrid. It is the Government’s stated view that strategic electricity assets should be retained in State ownership for the long term. The decision to transfer the transmission assets to Eirgrid, as the State-owned independent system operator, is fully in line with that position.

Consultancy Contracts. 644. Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources the amount spent by his Department on external consultants in 2007, including a detailed breakdown of the subject of each individual project commissioned and the cost of each. [4484/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The total expenditure by my Department on external consultants in 2007 was \5,713,234.80. A breakdown of the costs is:

Details of Commission Cost \

Feasibility Study and Cost Benefit Analysis for Construction of a Natural Gas Pipeline from the Mayo — Galway Pipeline to Donegal Town via Sligo and Provision of other Energy Infrastructure in that Region 144,699.00* Study on Common Approach on Natural Gas Storage and Liquefied Natural Gas on an All-Island Basis(Joint study carried out on behalf of the Department of Communications, Energy and Natural Resources and the Department of Enterprise, Trade and Investment, Northern Ireland) 213,738.00 Provision of legal advice and assistance in the management of responses to two EU Infringement Proceedings on the Electricity and Gas Market Directives. 68,964.00 Preparation of the Accounts for the Fishery Harbour Centre Fund for 2005 1,161.60 To conduct the E.A.G.G.F Audit for 2005-2006 2,213.09 Financial Advisors to the Department of Communications, Energy & Natural Resources 207,262.42 INFOMAR (Integrated mapping for the sustainable development of Ireland’s Marine Resource) 54,810.67 INFOMAR (Integrated mapping for the sustainable development of Ireland’s Marine Resource) 14,278.45 International Year of Planet Earth 28,525.76 Geourban Pilot Project 23,341.87 Geotechnical Borehole Database+ 12,856.25

1118 Questions— 12 February 2008. Written Answers

Details of Commission Cost \ Economic Study The Impact of the Geoscience Sector in Ireland 57,683.12 RESI Project 4,029.30 Aggregate Potential Mapping Programme 12,705.00 Historic Mines Sites — Inventory and Risk Categorisation 45,375.00 Aggregate Potential Mapping Programme 36,300.00 GSI Technician Services Geourban Dublin Pilot Project 13,027.42 GSI Data / Output to Leaving Cert Syllabus 18,150.00 GSI / UCD Connectivity 6,969.60 Seabed Mapping 4,600.00 GSI Library 5,250.00 Translations 3,139.61 Archival Services 15,000.00 Scoping Study for GSI Archival Mapping 2,855.00 Seamless National Database 87,120.00 National Mapping Programme 23,595.00 Aquifer Chapters Report 14,625.00 Airborne Geophysics 2,551.08 Historic Mines Sites — Inventory and Risk Categorisation 54,450.00 Historic Mines Sites — Inventory and Risk Categorisation 4,114.00 Assessment of Support Services for the Petroleum Industry 16,940.00 Petroleum Engineering Support Contract 06-07 (Expired August 07) 137,800.00 Petroleum Engineering Support Contract 07-08 (Commenced August 08) 80,875.00 Geophysical Support 83,928.00 Exploration promotional consultancy 205,100.00 Upgrade of IT equipment 1,674.00 Corrib Verification Work (Money reimbursed by operator) 90,077.00 Review of the licensing terms for Petroleum Exploration and Production 30,710.00 Strategic Environmental Assessment (SEA)Porcupine Basin 119,325.00 Technical project — Petroleum Exploration 55,225.00 Legal Advice for Bord na Mo´ na ESOP 11,107.80 Advice on policy paper on Next Generation Broadband 23,506.30 All-Island Grid Study 218,607.89 Recruitment of Independent Member & Deputy Independent Member of Single Electricity Market Governing Committee 35,090.00 Provision of advisory services to the Chief State Solicitor’s Office in relation to Minister/MCENR -v- Mogul of Ireland Ltd 8,470.00 Interpretation Project of Airborne Geophysical Datasets over the Midlands. (PPP between EMD and PGW). 4,840.00 Interpretation, enhancement & presentation of previously submitted airborne geophysical survey data for release by EMD to exploration companies as part of the minerals promotion programme. 11,519.20 Examine certain aspects of a planning application for a new Dolomite quarry 5,324.00 Preparation of a rehabilitation and management plan for Avoca Mines former Mine site. 568,099.40 Corporate branding and website design. This project includes creation of new templates for EMD’s industry focused website and a suite of complementary templates for Divisional publications. 6,697.35 Drafting of Broadcasting (Amendment) Bill — Legal Consultancy 28,435.00 Legal Advice on challenge to the Broadcasting Amendment Act 2007 38,579.61 RTE´ Licence Fee Review 2006 — Policy Advice 171,669.00

1119 Questions— 12 February 2008. Written Answers

[Deputy Eamon Ryan.] Details of Commission Cost \ Technical Consultancy — Digital Television 14,428.69 Technical Consultancy — Digital Television 6,150.00 Project Manager — D.T.T. Pilot Study 120,822.13 Technical Consultancy — Digital Television 3,519.00 Advisory Services on National Broadband Scheme Programme 28,942.02 Legal Advice in relation to the Regional broadband Programme 79,476.73 NBS Mapping Consultancy 19,940.50 MSE Contract Management 281,935.30 Project Management of Phase II — MANs 1,619,972.30 MSEI&IIProcurement Services 83,405.77 Galway-Mayo Pipeline 20,343.13 MANs Phase II Network Maintenance 98,167.30 Advisory Services on NDRC Project 52,312.84 Financial Consultancy re Group Broadband Scheme 46,391.90 Audit services relating to MSE I 9,438.00 MANs Phase 1 Retentions 21,683.57 NDRC Legal Advice 40,172.00 eBusiness Awareness Campaign Adverts 34,500.13 Financial advice relating to the MSE II 18,150.00 *Paid in 2007 contract initiated in 2006.

Telecommunications Services. 645. Deputy Timmy Dooley asked the Minister for Communications, Energy and Natural Resources the number of local phone exchanges enabled or due to be enabled in County Clare in 2008 for broadband. [4486/08]

646. Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources if his attention has been drawn to the poor provision of telecommunications in the area of Glencar, County Sligo; and that a signed petition with over 300 signatures was sent to Eircom in relation to securing a remote telephone exchange and high speed broadband for the Glencar catchment area; his views on whether it is acceptable that communities are left with such poor telecommunications; if he will investigate same with Eircom; and if he will make a statement on the matter. [4592/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I propose to take Questions Nos. 645 and 646 together. The provision of telecommunications services, including broadband, is a matter for the private sector. Broadband service providers operate in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation, ComReg. I have no function in the matter of the enabling of exchanges owned by private companies. However, it is hoped that the facilitation of greater competition in the area via the introduction of broadband from different technology platforms will encourage the more rapid enabling of all exchanges for broadband.

Energy Imports. 647. Deputy Liz McManus asked the Minister for Communications, Energy and Natural 1120 Questions— 12 February 2008. Written Answers

Resources the position regarding the east west interconnector; the proposed route of this interconnector; and if he will make a statement on the matter. [4600/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Government attaches the highest priority to the development of the east west electricity interconnector, which will contribute to security of supply and competitiveness as well as providing increased potential for the export of wind-generated electricity. Greater interconnection between Member States is also a key priority for the European Union to ensure the effective working of the Internal Market. On foot of a Government decision in 2006, the Commission for Energy Regulation (CER) was requested to arrange the design of a competition to secure the construction of a 500 megawatt interconnector at the earliest possible date before 2012. The Government also decided that the interconnector will, as a national strategic asset, remain in public ownership and will be owned by EirGrid. I will introduce legislation shortly to allow EirGrid to construct, own, operate and maintain the interconnector. Work on the project is progressing well. In recent weeks EirGrid, overseen by the CER, launched the competition for the design and construction of the interconnector. I am advised that the contract for design and construction will be completed by the end of quarter 3, 2008, when the successful bidder will be announced. EirGrid is also advancing work on route selection and technical specification of the interconnector. It has secured Woodland in County Meath as the connection point for the interconnector on the Irish transmission system. EirGrid has also obtained a formal connection offer from the UK National Grid for Deeside in Wales, which it has accepted. Furthermore, EirGrid has begun work on a marine survey to determine the most suitable route for the undersea cable. When this survey is completed, the final route to link the two connection points will be determined. Quarter 3, 2011, is targeted for the completion of works with quarter 1, 2012, targeted for the completion of commissioning and testing and the start of commercial operations. To oversee and ensure completion to schedule, a High-Level Coordination Group has been established under the Chairmanship of the CER and comprising representatives of EirGrid and my Department.

Telecommunications Services. 648. Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources the position regarding the broadband coverage and available broadband speeds in County Wicklow; the percentage figure of the number of enabled exchanges; and if he will make a statement on the matter. [4601/08]

1121 Questions— 12 February 2008. Written Answers

[Deputy Eamon Ryan.] role where such market mechanisms fail to deliver crucial services to sections of Irish society. The widespread provision of broadband services continues to be a priority for the Government. In that regard my Department has undertaken initiatives to address the gaps in broadband coverage. These include providing grant-aid under the recently concluded Group Broadband Scheme and investment in Metropolitan Area Networks (MANs). There are still some parts of the country where the private sector will be unable to justify the commercial provision of broadband services. Accordingly, the procurement process for a National Broadband Scheme (NBS) is underway. The NBS will provide broadband services to areas that are currently unserved and will ensure that all reasonable requests for broadband in County Wicklow are met. The first phase of the procurement process (Pre-Qualification Questionnaire (PQQ)) is now complete, and four candidates pre-qualified to enter the next phase of the procurement process. As my Department indicated on 2 September 2007, the four candidates were, in alphabetical order, BT Communications Ireland Ltd Consortium, Eircom Ltd, Hutchinson 3G Ireland Ltd and IFA/Motorola Consortium. Following the withdrawal of the IFA/Motorola Consortium as a candidate the remaining three candidates have now commenced “Competitive Dialogue” with my Department and are developing their proposed solutions to meet my Department’s requirements for the delivery of broadband to the unserved areas of the country. It is anticipated that a preferred bidder will be selected and appointed in June 2008, with roll out to commence as soon as possible thereafter, subject to agreement with the chosen candidate.

Energy Conservation. 649. Deputy Jim O’Keeffe asked the Minister for Communications, Energy and Natural Resources the details of the home insulation programme; when these energy efficiency incentives will be implemented; and if he will make a statement on the matter. [4646/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Iam finalising details of a pilot grants scheme with Sustainable Energy Ireland to incentivise the owners of older, less energy efficient homes to invest in improved insulation and other energy efficiency improvement measures. A launch date in March 2008 is envisaged. I anticipate a full roll out of the scheme from 2009, subject to a positive appraisal of the effectiveness and value for money of the pilot scheme and the availability of funding in Budget 2009.

Alternative Energy Projects. 650. Deputy Joe McHugh asked the Minister for Communications, Energy and Natural Resources his views on a project (details supplied) from a community, educational, health and business point of view; and if he will make a statement on the matter. [4724/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The project appears to be a proposal to construct a wind turbine subject to achieving planning permission to do so. The promotion of renewable energy technologies is a key element of this Government’s energy policy. My Department has support programmes in place directly and in cooperation with Sustainable Energy Ireland to increase the penetration of renewable energy technologies, which secure the necessary authorisations to do so. However, it is not the practice of my Department to comment on individual projects in the context of securing a planning decision.

1122 Questions— 12 February 2008. Written Answers

Telecommunications Services. 651. Deputy Phil Hogan asked the Minister for Communications, Energy and Natural Resources the progress or otherwise in respect of the roll out of broadband through the MANs contract in the south east region; the finance spent to date and the number of connections made; when all such connections will be completed; and if he will make a statement on the matter. [4751/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Under Phase I of the Metropolitan Area Networks (MANs) Programme six MANs have been constructed in the South East region: Carlow, Clonmel, Dungarvan, Kilkenny, Waterford and Wexford. To date \14.7m has been spent on these six MANs. All six MANs are complete and are fully open for business. They have been handed over to the Managed Services Entity, eNet, who manage, market, operate and maintain the networks on behalf of the State. Of these six MANs, 20 operators are using them to compete for voice and data services over a range of platforms including:

• Unbundled local loop;

• Mobile wireless;

• Fixed wireless;

• Cable;

• Partial private circuits; and

• Directly connected fibre.

While the operators’ data covering their customers is commercially sensitive, I understand from eNet that an estimated 600,000 people are using the 27 phase I MANs on a daily basis. Five MANs are currently under construction under Phase II of the MANs Programme in the South East region: Cahir, Cashel, Carrick-on-Suir, Tipperary and Thomastown. These five MANs are expected to cost \9.5m and construction of all five will be completed by the end of quarter 1, 2008.

Departmental Staff. 652. Deputy Arthur Morgan asked the Minister for Communications, Energy and Natural Resources the number of agency workers employed by his Department and by State agencies which fall under the auspices of his Department. [4780/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): There are no agency workers employed by my Department. I have no function in relation to State agencies as regards this matter.

Offshore Exploration. 653. Deputy Michael Ring asked the Minister for Communications, Energy and Natural Resources if he will provide further information regarding the replies he received and referred to in a previous parliamentary question (details supplied); and if he will make a statement on the matter. [4806/08]

1123 Questions— 12 February 2008. Written Answers

Minister of State at the Department of Communications, Energy and Natural Resources (Deputy Tony Killeen): The personal details relating to the submissions made on foot of the notice of the Minister’s intention to grant a prospecting licence to the company are treated as confidential. However, in this instance, I will arrange to have an overview of the submissions made, including the petition, sent to the Deputy, as well as published on the Department’s website. I might also clarify that the petition referred to, was a circular signed by 122 people and was not representative of any organisation.

Telecommunications Services. 654. Deputy Joanna Tuffy asked the Minister for Communications, Energy and Natural Resources the steps being taken to effect the roll out of broadband in County Cork; and if he will make a statement on the matter. [4944/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The provision of broadband services is, in the first instance, a matter for the private sector. Broad- band service providers operate in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation, ComReg. The role of the Government is to formulate regulatory and infrastructure policies to facilitate the provision of high quality telecommunications services, by competing private sector service providers. The widespread provision of broadband services continues to be a priority for the Govern- ment. In that regard my Department has undertaken initiatives to address the gaps in broadband coverage. These include providing grant-aid under the recently concluded Group Broad- band Scheme and investment in Metropolitan Area Networks (MANs). There are still some parts of the country where the private sector will be unable to justify the commercial provision of broadband services. Accordingly, the procurement process for a National Broadband Scheme (NBS) is underway. The NBS will provide broadband services to areas that are currently not served and will ensure that all reasonable requests for broadband in County Cork are met. The first phase of the procurement process (Pre-Qualification Questionnaire (PQQ)) is now complete, and four candidates pre-qualified to enter the next phase of the procurement process. As my Department indicated on 2 September 2007, the four candidates were, in alphabetical order, BT Communications Ireland Ltd Consortium, eircom Ltd, Hutchinson 3G Ireland Ltd and IFA/Motorola Consortium. Following the withdrawal of the IFA/Motorola Consortium as a candidate the remaining three candidates have now commenced “Competitive Dialogue” with my Department and are developing their proposed solutions to meet my Department’s requirements for the delivery of broadband to the unserved areas of the country. It is anticipated that a preferred bidder will be selected and appointed in June 2008, with roll out to commence as soon as possible thereafter, subject to agreement with the chosen candidate.

Electricity Generation. 655. Deputy Paul Gogarty asked the Minister for Communications, Energy and Natural Resources if he will broaden the terms of his independent study into the transmission line infrastructure to address issues of concern regarding the proximity of overhead power lines to residential areas, schools and offices, including the impact of electromagnetic radiation on the human body, particularly when such pylons are located adjacent to mobile phone transmission masts; and if he will not do so, if he will recommend to the Department of Health and Children

1124 Questions— 12 February 2008. Written Answers that it should carry out a concurrent study; and if he will make a statement on the matter. [4990/08]

661. Deputy Damien English asked the Minister for Communications, Energy and Natural Resources if, further to the announced independent study on the implications of underground relative to overhead transmission lines, he will ensure the study will also investigate state of the art technologies, namely HVDC light which enhances traditional HVDC technologies, as such technology is currently used in similar privately owned projects to the proposed Meath- Cavan interconnector; and if he will make a statement on the matter. [5204/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I propose to take Questions Nos. 655 and 661 together. The purpose of the proposed independent study is to provide expert professional advice on the relative merits of constructing and operating overhead transmission lines compared to underground cables, having regard to technical characteristics, reliability, operation and maintenance factors, environmental impact, possible health issues and cost. The consultants will be required to provide evidence-based international best practice to their analysis. The terms of reference for the study specifically require a review to be undertaken of electrical power transmission technologies currently in use for transmission of electricity at voltages of 110 kV and above. This will include all proven technologies that are commercially available. The purpose of the proposed study is to provide a comprehensive comparison of underground cables and overhead lines as two different methods of transmitting electricity, including the relative strengths of the electromagnetic fields generated by both methods. It is not part of the scope of this study to undertake primary research on the possible health implications of exposure to electromagnetic fields. Numerous studies of these effects are already available. Detailed consideration of the health issue was undertaken by the expert group on the potential health effects of electromagnetic fields which was published in 2007. The expert group was established by the inter-departmental committee which reviewed existing policy in light of the recommendations of the 2005 report of the Joint Oireachtas Committee on Communications, Marine and Natural Resources, titled “Non-ionising radiation from mobile phone handsets and masts”.

Fishing Licences. 656. Deputy Paul Gogarty asked the Minister for Communications, Energy and Natural Resources if, in view of the rise from \64 to \128 for the fishing licence, there are plans to introduce a reduced rate for pensioners; and if he will make a statement on the matter. [4994/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): For the record, the change in licence fees introduced from 1 January 2008 increased the cost of an annual salmon angling licence from \128 to \134, which represents an increase of 4.8% from 2007 in line with the consumer price index. 50% of the licence fee income is dedicated by the Fisheries Boards to the rehabilitation of salmon habitats and conservation measures throughout the country. There are no plans to introduce a reduced rate for anglers other than juveniles for whom a licence costs \20 per annum. Any such reduction would require primary legislation.

Fisheries Protection. 657. Deputy Paul Gogarty asked the Minister for Communications, Energy and Natural

1125 Questions— 12 February 2008. Written Answers

[Deputy Paul Gogarty.] Resources if he will request the Fisheries Board to explain the reason it is unwilling to match the 80,000 fry put into the River Liffey by a club (details supplied) with other fry, in view of the fact that stocks are available at its facility in Limerick and that there is no longer an indigenous Liffey salmon identifiable due to cross-breeding between earlier salmon introduced to the river from other parts of Ireland and from Scotland; and if he will make a statement on the matter. [4995/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Iam advised by the Eastern Regional Fisheries Board that the best way of improving salmon runs according to scientific advice is by native recruitment and not by sourcing artificially reared salmon. The available evidence from fish counters indicates that there is a self-sustaining population of salmon in the River Liffey. The Marine Institute believe that while the exact genetic lineage is unknown at present, it is most likely that this is similar to the original wild population before any hatchery intervention occurred. To protect this natural spawning stock, I understand it is imperative that stocking with non-indigenous material is not carried out because this has the potential to undermine the genetic integrity of this viable population. The Liffey population is currently small and below its Conservation Limit, due to several factors including poor water quality, by-catch of salmon in mixed stock fisheries and passage difficulties. The scientific advice is to allow time for the initiatives being pursued to address these impacts to succeed before resorting to potentially harmful hatchery based interventions as these are likely to impede natural population recovery.

Data Protection. 658. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources if he has been informed by any of the agencies attached to his Department, if those agencies have lost or had stolen from them any disks, laptops or memory storage devices containing personal information regarding members of the public; and if he will make a statement on the matter. [5070/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I have not been informed by any of my agencies that any disks, laptops or memory storage devices containing personal information regarding members of the public have been lost or stolen.

Television Licence Fee. 659. Deputy Ciara´n Lynch asked the Minister for Communications, Energy and Natural Resources if hotels and other licensed premises are required to pay a television licence fee for each TV set on the premises. [5095/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Tele- vision licences are granted under Section 5 of the Wireless Telegraphy Act 1926, as amended. This Section allows for the grant of a licence to a person to keep and have possession of a television set in a specified place. A hotel or other licensed premises is required to have one television licence per premises even if that hotel or other licensed premises has one or more television sets.

Electricity Generation. 660. Deputy Andrew Doyle asked the Minister for Communications, Energy and Natural

1126 Questions— 12 February 2008. Written Answers

Resources the provisions being made to provide additional electrical storage capacity to meet fluctuations in supply; and if there is no strategic management plan for storage of electricity, if he will undertake a review of the issue as soon as possible in view of the rapid expansion in the market and the greater degree of fluctuations in supply. [5112/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): System planning, analysis and operation of the electricity network to ensure continuity of electricity supplies to customers, as the capacity of variable generating plants connected increases, is a matter for the system operator, EirGrid, operating under the supervision of the Commission for Energy Regulation (CER). Energy storage has been developed over the years in Ireland where it can make a useful contribution to balancing electricity supply and consumer demand. This is the case at the ESB’s pumped water power station at Turlough Hill. It is possible that new technology developments could enhance the viability of storage options in the future. Developments will be kept under close review by my Department in consultation with EirGrid and CER.

Question No. 661 answered with Question No. 655.

Departmental Staff. 662. Deputy Phil Hogan asked the Minister for Communications, Energy and Natural Resources if persons have been dismissed from the Civil Service since the provisions of the Civil Service Regulation Act 2005 were introduced; the number and grade of the persons concerned; and if he will make a statement on the matter. [5657/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): There have been no dismissals of civil servants in my Department since the provisions of the Civil Service Regulation (Amendment) Act 2005 were introduced.

Departmental Expenditure. 663. Deputy Phil Hogan asked the Minister for Communications, Energy and Natural Resources the amount paid to civil servants by way of travel, subsistence or overnight allowances or payments for each of the years 2002 to the end of 2007; and if he will make a statement on the matter. [5671/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Expen- diture incurred by the Department of Communications, Energy and Natural Resources in respect of travel and subsistence for each of the years 2002 to the end of 2007 is outlined in the following table.

Year Amount

2002 2,162,000 2003 2,816,000 2004 2,854,000 2005 2,697,000 2006 2,009,000 2007 1,787,792

The figures in respect of the period up to 2005 include certain maritime transport functions, which were transferred to the Department of Transport on 1 January 2006, while the figures 1127 Questions— 12 February 2008. Written Answers

[Deputy Eamon Ryan.] up to 2007 include Marine functions which were recently transferred to the Department of Agriculture, Fisheries and Food. It should also be noted that the figures also include amounts for Ministers and non-civil servants. It has not been possible in the time available to carry out a more detailed analysis.

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