Vol. 746 Tuesday, No. 3 15 November 2011

DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES

DÁIL ÉIREANN

TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised)

Dé Máirt, 15 Samhain 2011.

Business of Dáil ……………………………… 417 Ceisteanna — Questions Minister for Finance Priority Questions …………………………… 417 Other Questions …………………………… 428 Leaders’ Questions ……………………………… 437 Visit of Scottish Delegation …………………………… 445 Ceisteanna — Questions (resumed) ………………………………… 446 Termination of Ministerial Appointment: Announcement by Taoiseach …………… 464 Order of Business ……………………………… 464 Suspension of Member……………………………… 472 Topical Issue Matters ……………………………… 474 Topical Issue Debate Sale of Booterstown Marsh ………………………… 475 Banking Sector Regulation ………………………… 477 Northern Issues …………………………… 480 Stroke Services ……………………………… 482 Order of Referral of the Access to Central Treasury Funds (Commission for Energy Regulation) Bill 2011 [Seanad] to the Select Sub-Committee on Communications, Energy and Natural Resources: Motion to Rescind ………………………… 484 Dormant Accounts (Amendment) Bill 2011 [Seanad]: Second Stage …………… 485 Message from Select Committee ………………………… 497 Private Members’ Business Mental Health Services: Motion ………………………… 498 Questions: Written Answers …………………………… 519 DÁIL ÉIREANN

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Dé Máirt, 15 Samhain 2011. Tuesday, 15 November 2011.

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Chuaigh an Ceann Comhairle i gceannas ar 2.00 p.m.

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Paidir.

Prayer.

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Business of Dáil An Ceann Comhairle: I am pleased to inform Members that as of 2 p.m. today, the pro- ceedings of the House will be broadcast live on channel 801 on the UPC network, as part of a trial initiative for a period of six months. This trial is being provided at no cost to the Exchequer. As Ceann Comhairle, I am particularly pleased that the notion of increased access to the work of Parliament and its Members is being enhanced with the launch of this initiative. I would like particularly to record my thanks to Dana Strong, chief executive of UPC Ireland, and her team, who have been innovative in their approach and who have proven their commit- ment to this project from the start. I am excited by the possibilities of this project and I hope that the public will use this facility to follow the work of the Houses of the Oireachtas. I would also like to welcome Dana Strong from UPC to the Distinguished Visitors Gallery.

Ceisteanna — Questions

Priority Questions

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Fiscal Policy 29. Deputy Michael McGrath asked the Minister for Finance if he will explain his logic for opting for a budget adjustment of €3.8 billion in 2012; if he intends to adjust the scale of the fiscal adjustment during the year if the economic growth target of 1.6% is not being achieved and the data indicates that a greater fiscal adjustment is required to achieve the 8.6% deficit; and if he will make a statement on the matter. [34882/11]

Minister for Finance (Deputy Michael Noonan) (Deputy Michael Noonan): The terms of the EU-IMF programme require Ireland to achieve a general Government deficit of no more than 8.6% of GDP in 2012. Based on the macroeconomic and fiscal assessment set out in the medium-term fiscal statement, a €3.8 billion adjustment is therefore required in 2012 to meet this deficit target. My Department set out its latest forecasts in the medium-term fiscal state- ment. GDP growth of 1.6% is projected for next year. The Reuters consensus forecast for the end of October was 1.5% for 2012, broadly in line with my Department’s views. 417 Priority 15 November 2011. Questions

[Deputy Michael Noonan.]

Given the current uncertainties in the global economic and financial environment, chapter 5 of the medium-term fiscal statement is dedicated to analysing the risks to the economic and budgetary outlook. This chapter also provides estimates of the impact on both the general Government balance and general Government debt of lower and also higher rates of economic growth. Clearly, if growth is weaker than currently anticipated, this will make the achievement of the 2012 deficit target more difficult, all else being equal. Generally speaking, taking account of the inherent uncertainty in macroeconomic and fiscal forecasting, the Department’s current working assessment is that the risks to the outlook are broadly balanced. That said, I am not going to speculate here, in mid-November, about an eventuality that may or may not arise. The Government’s focus now is on delivering a budget for 2012 which will implement a set of measures in as fair and equitable a manner as possible that will allow for the achievement of next year’s deficit target. The Government is committed to ensuring that the deficit target of 8.6% of GDP is achieved.

Deputy Michael McGrath: I thank the Minister for his response. We all hope the tentative recovery in our economy that we are witnessing takes root and develops further in 2012. The forecast for 2012 is for an adjustment of €3.8 billion, yielding a deficit of 8.6% on the button. There is therefore no room whatsoever for slippage on the outturn for 2011, on the income and expenditure side for 2012, or indeed on the growth side for 2012. What might cause alarm is the fact that the European Commission has predicted that growth in Ireland next year will be 1.1%, which is a full half percent less than what the Department of Finance estimates. If that were to materialise — and we hope it does not — it would result in the need for an extra adjustment of about half a billion euro to bring the deficit within 8.6% of GDP. Is the Minister concerned that we may still be too optimistic on the growth side for 2012? If we are being overly optimistic, and that becomes clear in the early part of next year, is he committed to achieving a deficit of 8.6%, come what may?

Deputy Michael Noonan: Forecasting is always an inexact science. What we have to do is to use the best information available to come to a judgment on what growth rates may be in the following year. It is generally recognised in the European Union that Ireland has now returned to significant growth rates which are at present in advance of those of most of our colleague countries in the EU. The Deputy is probably aware that the CSO revisited the growth figures for the first quarter of this year and it now agrees that growth in the first quarter was 1.9%, which is significant. Last April we were looking at growth, on the basis of reasonable forecasts, of 2.5% for next year. In preparing the budget we have marked that down by 0.9%, which is a significant amount. Writers who tabulate the various forecasts have pitched a mid-range figure of 1.5%, and we are in line with that. I hope we will actually beat these figures, but I can assure the Deputy these are the forecasts produced by the forecasting section of the Department of Finance, with no political input, and we think they are prudent and the risks are balanced. One could cite risks on the down-side, but one could also cite risks on the up-side, so I think they are balanced.

Deputy Michael McGrath: I am sure the Minister will agree that the pattern in recent times from the Department of Finance has been to be overly optimistic in its growth projections. Unfortunately, that is what we have seen. We all hope the projections will not transpire in 2012 and that growth surpasses what it has predicted, but it has predicted a level of growth for the Irish economy in excess of three times what the European Commission is forecasting for Europe generally. We are trying to achieve an export-led recovery but since many of our main trading partners in the European Union are experiencing sluggish growth, to say the least, this 418 Priority 15 November 2011. Questions poses a real threat to the prospects of an export-led recovery. The key question is how sacro- sanct is getting to a figure of 8.6% on the button next year. If growth does not materialise — we hope it does — will there be a requirement for adjustments mid-year to ensure we come in on target?

Deputy Michael Noonan: I do not agree with the Deputy that the Department of Finance has erred on the side of optimism in recent years. It has been close enough to the average in its forecasts. Sometimes it has been slightly above and sometimes below. It predicted a growth rate of 0.8% in 2011 and it has now marked up this rate to 1%. This makes it easier at year’s end because if one considers the correction made in the CSO figures of 1.9% in the first quarter and 1.3% in the second quarter, one would need it to come back significantly to get it down to 1% for the full year. The anecdotal evidence suggests export-led growth is continuing through the third quarter. As I have stated already, this is rather inexact and we must work on the best information available to us. We should be cognisant as well that other forecasters are at work, some of whom are more pessimistic and others who are more optimistic. Those in the ESRI have always tended to be more optimistic than the Department of Finance and, historically, they have proven to be correct. They are more optimistic on this occasion. Let us hope they are right.

Banking Sector Regulation 30. Deputy asked the Minister for Finance if he has received the report from the Financial Regulator regarding the additional powers required to force banks to pass on ECB interest rate reductions to customers; if so, if he will outline the contents of this report; if he will proceed with the necessary emergency legislation on this matter irrespective of whether the regulator requests additional powers or not; and if he will make a statement on the matter. [34880/11]

Deputy Michael Noonan: I welcome the decision by the majority of lenders to reduce their standard variable rates following the recent announcement by the European Central Bank and I encourage all lenders to follow suit. Such a reduction will be of benefit to home owners struggling with mortgage payments. The Government wants the lending institutions to pass on the interest rate cut for several reasons. In particular, the interest rate cut will be of assistance to those mortgage holders struggling to pay their mortgages. Following a request from the Taoiseach, Mr. Elderfield, the Deputy Governor of the Central Bank, forwarded a report regarding mortgage interest rates on 11 November 2011. The Deputy Governor acknowledges that the Government is not unjustified to have concerns for some particular banks regarding the widening of the spreads by which their standard variable rate exceeds their cost of funds and how they are still so far above the prevailing rates of their industry peers. However, the Deputy Governor states that the power to exercise close regulatory control over retail interest rates is not sought by the Central Bank at this time. He has indicated that the Central Bank will, within its existing powers and through suasion, use existing processes to engage with specific lenders which appear to have standard variable rates set disproportionate to their cost of funds. In his report, the Deputy Governor states that, while the standard variable rates of mortgage interest for Irish banks reached historically low levels in early 2009, several forces have contrib- uted to the subsequent increases in such rates. First, the access of the Irish banks to wholesale funding from the market was sharply curtailed, especially from mid-2010 and there was a sharp increase in the interest cost, including the guarantee fee mandated by the EU Commission of what market funding was secured. Second, while the ECB policy rate is only 0.25% higher now 419 Priority 15 November 2011. Questions

[Deputy Michael Noonan.] than it was in 2009, the total cost to the banks of some of the sizeable drawings they have made on Central Bank funding, inclusive of guarantee fee, is significantly higher than the policy rate. Third, the banks appear to have increased, at different times and to different degrees, the spread by which the single variable rate exceeds their cost of funds. Additional information not given on the floor of the House The Deputy Governor goes on to say that the third issue is the one on which the current debate is focused. He has indicated in his report that a somewhat wider spread of new loans could be rationalised on the basis of the bank’s belated realisation of the credit risk that may be involved in mortgage lending, although this can be limited by prudent loan underwriting practices and risk reduction mechanisms such as low loan-to-value and loan-to-income ratios. A significant widening of mortgage interest rate spreads has been happening in other countries as well. The Deputy Governor comments that it is less clear that retroactively applying a risk- spread to existing loans is fully consistent with fair practice, given that standard variable rates have, in the past, generally moved broadly in line with the cost of funds and given the current situation where most borrowers have limited alternatives such as re-financing or prepaying. In his report, the Deputy Governor states that the Central Bank has two concerns. The standard variable rate contract has operated for decades during which the reasonable assump- tion has been established that it would generally track the cost of funds to the lender. The exercise of the currently heightened market power by some banks in increasing rates for exist- ing standard variable rate borrowers would be an abuse contrary to public policy. The Central Bank comments that from the point of view of prudential and consumer legislation, it is possible that the deleterious effect on the mortgage arrears situation arising from large increases in the standard variable rate could result in a net worsening of the banks’ prospective profitability, while at the same time adding to the financial difficulty of hard-pressed home owners. The Deputy Governor has indicated that experience of interest rate controls in the past and in other countries does not encourage the Central Bank to believe that such a regime would be advantageous in net terms as the banking system recovers its normal functioning. Binding controls tend to reduce availability of credit and channel it to the most creditworthy customers, starving smaller and less secure customers from credit. The Deputy Governor indicates that this could have a chilling effect on the entry of sound competitors into the market. By absolving banks from their responsibility to price risk accurately, binding interest rate controls would, especially during this recovery phase, impede progress towards the re-establishment of bank management practices that can ensure a healthy and free-standing banking system no longer dependent on the Government for bailouts. I welcome the report from Mr. Elderfield which will be examined to see what further action, if any, is required. My initial reading of his report is that the Deputy Governor is not seeking emergency legislation. Taking into account the advice of the Central Bank, I do not intend to recommend to Government the introduction of emergency legislation as requested by the Deputy. The Deputy Governor has also commented that competition policy issues may arise in this area. I will bring a copy of his letter to the attention of my colleague, the Minister for Jobs, Enterprise and Innovation for any further requirement in this regard.

Deputy Pearse Doherty: People on the street who are in mortgage distress or are in danger of slipping in it, particularly those who have mortgages with Bank of Ireland, want to know what the elected Government of this State is going to do to enforce its stated policy, namely, that banks pass on the ECB interest rate decrease. We are not talking about a Government interfering in the private market. The bank is subject to billions of euro of taxpayers money, liquidity from the ECB which is guaranteed by the State and a State guarantee which is likely 420 Priority 15 November 2011. Questions to be extended by the Government at the end of next month. The bank would not exist if it were not for the support of the State. The Minister of State, Deputy , described the decision of the bank not to pass on the interest rate cut as pathetic. It is pathetic that the Government has not used the powers it could introduce in the House to force banks to pass on the ECB interest rate cut. We have the report of Mr. Matthew Elderfield. Will the Minister or Government do anything about the fact that Bank of Ireland now receives money at a reduced cost but is unwilling to pass that on to mortgage holders?

Deputy Michael Noonan: As the Deputy will be aware, the ECB is not the only source of funding for banks in this jurisdiction. A lot of their funding comes from their deposit bases and they provide a variety of interest rates to attract deposits. If one looks at the logic of this, the only reason the ECB reduces interest rates is that it fears Europe may be sliding into recession and as a consequence it wants to put more spending power into the pockets of European consumers. That is why the interest rates have been reduced in Frankfurt. It is logical that banks in other jurisdictions should pass on the interest rate reduction because, if they do not, they are frustrating the macroeconomic policy of the ECB when it introduces reductions in interest rates. The current position is that all lending institutions in Ireland who lend for mortgage pur- poses, with the exception of Bank of Ireland and Ulster Bank, have passed on the reduction. The action of the Taoiseach in calling the banks in and discussing their lending policies was arranged prior to the interest rate reduction. He took the opportunity to raise it with them. The Deputy Governor, Mr. Matthew Elderfield, also has an approach. He said he prefers to use the powers he has, together with his powers of persuasion which are considerable, to affect the interest rate. We hope Bank of Ireland and Ulster Bank will do what their peers have done and pass on the interest rate cut, and consequently comply with ECB and Government policy. Ulster Bank is a subsidiary of the Royal Bank of Scotland and, therefore, a lot of its funding comes through sterling and the Bank of England although it can and does access funds the ECB. Bank of Ireland is an Irish bank but the State now only owns 15% of it.

Deputy Pearse Doherty: I will repeat the question because Bank of Ireland knows Mr. Mat- thew Elderfield and the House do not have the powers to force it to reduce interest rates. The chief executive of Bank of Ireland rubbed the noses of the Government in it when he was invited to a meeting with the Taoiseach. The Minister of State, Deputy Hayes, called the decision pathetic. The question on behalf of struggling mortgage holders who have mortgages with Bank of Ireland, which survives because of the good will of the State, is what the Govern- ment and Minister are going to do to enforce the passing on of the ECB interest rate cut. Is the Minister going to do nothing about it?

Deputy Michael Noonan: Sinn Féin historically has a different approach to getting people to do what it wants them to do than our party would have. The Deputy Governor set out his position——

Deputy Pearse Doherty: He is not elected.

Deputy Michael Noonan: He is also independent in the exercise of his functions, which is important to remember. We will continue our contact with the Deputy Governor. It has proved very effective up to now. He has a range of powers at his disposal. He said he is not seeking new powers at the current time. We will see how the situation develops over the coming weeks. 421 Priority 15 November 2011. Questions

EU-IMF Programme 31. Deputy Stephen Donnelly asked the Minister for Finance with regard to his assertion in Dáil Éireann last Wednesday that he had concern about the collapse of the programme that is, the EU-IMF programme were the bond due to be paid by the former Anglo Irish Bank last week not paid, and his warning that if the programme collapsed, we would have to make the full adjustment in one year, if there is any record of threats to this effect made by the troika, other than the comment by the late Brian Lenihan TD, then Minister for Finance, quoted by the Taoiseach last Wednesday; if so, the details of these threats; his views, in view of the fact that a programme has been successfully put in place, that a non-payment of bondholders would lead to the collapse of that programme; and the way that this might happen. [34878/11]

Deputy Michael Noonan: It has always been my position in regard to the payment of unguaranteed unsecured senior bonds that, given the significant cost of the Irish Bank Resol- ution Corporation, IBRC, formerly known as Anglo Irish Bank, to the State and the taxpayer, that the burden of the debt should be shared with bondholders. However, if we were to suspend payments to creditors in IBRC this would have a significant impact on both the bank and ultimately the State. This senior debt, unsecured as it is, is an obligation of the bank. If the bank does not meet such obligations, it would lead to a default and, following that, most likely, insolvency. Insolvency would result in a significant increase in the cost to the State to resolve IBRC As I stated after my meeting with the President of the ECB, Mr. Trichet, and the Com- missioner for Economic and Monetary Affairs, Mr. Rehn, last month, our European partners expressed strong reservations about burden sharing with senior bondholders in IBRC. Mr. Trichet voiced his opinion that he is against such actions for two reasons. First, private sector involvement carries very significant contagion risk and may be inconsistent with encouraging private investors to return to markets. Second, he said Ireland had done particularly well over the summer. He mentioned the narrowing of bond spreads and indicated his view that anything to do with senior debt burden sharing might knock the confidence of the market in the absolute commitment of the Government to take, once again, its place in normally functioning markets. The result of that might be a further widening of bond yields and a loss of the ground we have gained. Mr. Trichet’s views were echoed by the Commissioner, Mr. Rehn. The positive international commentary on Ireland has been created by the Government’s successful renegotiation of the memorandum of understanding, the introduction of the jobs initiative, the sizeable reduction in the interest rate on the EU-IMF programme and the reduction in the cost of the banks to the taxpayer. The value of support, present and future, we receive from our European partners far outweighs any short-term gain from imposing burden sharing on these bonds in the face of European opposition to such a move. For example, some €110 billion of funding is provided by the ECB and the Central Bank of Ireland to the Irish banks at a cost below which they could borrow in the market. This is in addition to the €85 billion set out in the programme with the troika. The Government’s aim is to ensure the overall cost of resolving IBRC and the difficulties in the banking sector generally are kept to a minimum. I will consider the future payment of maturing bonds in IBRC in this context and in terms of what is best for the overall position of the State. However, Irish credit institutions access ECB liquidity under the same rules and subject to the same conditions as credit institutions throughout Europe. The ECB has given very large amounts of liquidity assistance to Irish banks and maintains a keen interest in the Irish banking sector. In this regard, I point to the statement of the ECB on 31 March last to the effect that against the background of the recapitalisation of the banks “the Eurosystem will 422 Priority 15 November 2011. Questions continue to provide liquidity to banks in Ireland”. Together with other decisions announced on this date, the ECB was and is clear about its support for Irish banks. I am not aware of anything to suggest otherwise.

Deputy Stephen Donnelly: The Minister has given more or less the same statement that he gave in the House last week. Relative to the question I asked, it is nonsense. Both the Minister and the Taoiseach stated unambiguously in this Chamber last week that if we did not pay the senior bondholders at Anglo Irish Bank, the EU-IMF programme would stop. The Minister said that he would therefore have to make an €18 billion budgetary correction this year. He used very emotive language and suggested to the people of Ireland that the deal was contingent on paying Anglo Irish Bank bondholders. The question I asked was what record the Minister has, other than his reference to the late Brian Lenihan’s assertion in this regard, to indicate that a failure to pay the bondholders would result in the cessation of the IMF programme. The reason I ask is that at the time of that assertion by Mr. Lenihan, the Minister and his party, in opposition, suggested that they would burn the bondholders. Now, however, the Minister is using information from Fianna Fáil from last November, which he ignored during the election, to justify his actions. What he said last week amounts to a serious allegation. I will repeat my question. What information does the Minister have, on record, that states that the EU-IMF deal will be withdrawn if we do not pay the unsecured senior bondholders of Anglo Irish Bank?

Deputy Michael Noonan: Most of what the Deputy said is not correct. Our position, in reply to questions such as this, has always been to set out various hypotheses. The hypothesis I set out last week was that if the EU-IMF deal was withdrawn by the European authorities and the IMF, we would need to make an adjustment, which at present will take more than five years, all in one year. That is where the €18 billion came up. That needs to be remembered by people who advocate very robust action. If one is risk adverse, one would not take the kind of risk that would have one back in the House introducing a budget that took €18 billion out in one fell swoop, which is a reasonable position. As I have said on several occasions, in my view my predecessor in office, the late Brian Lenihan, was an honest and honourable person. When he said he was given to understand what I read into the record last week, I believe him. That was the position as was stated then at approximately the start of the programme. No threat has been made to me in all the meetings I have had in Brussels either by European colleagues or by officials of the bank, the IMF or the Commission. They have all been very supportive. Everybody in this House realises how dependent we are on external aid. The Deputy will know that the money is released to us every three months on the basis of fulfilling conditions in the memorandum of understanding, which runs right down to minor conditions that need to be fulfilled.

Deputy Stephen Donnelly: If the Minister believed the statement the late Brian Lenihan made here, then coming up to the general election he should have told the people: “I believe Brian Lenihan. I believe the IMF deal is contingent upon us paying the bondholders. Therefore if you elect us into government, we are going to continue to pay the bondholders.” If the Minister believed what he said, that is what he should have told the people but he clearly did not tell them. I do not think the Minister believes it — I certainly do not believe it because it is not credible. It may have been stated during the negotiations but there is nothing in the agreement. What is important is that we are being held to the agreement.

An Leas-Cheann Comhairle: I thank the Deputy. I am going to call on the Minister to reply. 423 Priority 15 November 2011. Questions

Deputy Stephen Donnelly: I have a supplementary question. Another of these bonds for €1.2 billion will come up in January. What does the Minister believe will happen if he keeps to the people’s understanding of his election promise, which was to burn these bondholders or in this case secondary speculators who now own the bonds?

Deputy Michael Noonan: The Deputy is like other Opposition Deputies who always insist on half-quoting me. I never said it was policy in government to burn bondholders. I said it was Fine Gael policy in government to burden-share or burn bondholders provided we got the consent of the European Central Bank to do so. I campaigned on that basis right through opposition and through the general election campaign. I challenge the Deputy to find any occasion when I did not qualify my commitment on burden sharing with bondholders by saying we would not do it unilaterally, but would always do it with the consent of the European Central Bank.

Deputy Pearse Doherty: The Minister should check his banking policy.

Deputy Michael Noonan: That bank’s consent was not forthcoming. It is as blunt as that. No one is trying to hide anything from the Deputy. The European Central Bank’s consent was not forthcoming.

Deputy Stephen Donnelly: What does the Minister believe will happen in January?

Deputy Michael Noonan: In answer to what I believe will happen, I was here for five months listening to people shouting to me that we would never get a reduction in the interest rate, but we did. Negotiation with the European authorities is a lengthy process that goes inch by inch. We are moving it forward inch by inch. My present objective is to seek a reduction in the overall burden of the debt on the shoulders of the taxpayers. There are various approaches and various ways in which that could be delivered, of which working on the promissory note for Anglo Irish Bank is just one. I believe it will be a medium-term project rather than an immediate one.

General Government Debt 32. Deputy Michael McGrath asked the Minister for Finance his views on the potential impact here of the ongoing Eurozone debt crisis, in particular, on Ireland’s prospects to have a successful export-led recovery, on the planned return to the international sovereign debt markets late next year and on Ireland’s overall debt sustainability; and if he will make a state- ment on the matter. [34883/11]

Deputy Michael Noonan: GDP data for the first half of 2011 confirm that recovery is under way. Growth is being driven by the traded sector, with exports of goods and services increasing by more than 6% on an annual basis in the first quarter and, despite weaker levels of activity in our main trading partners, by close to 5% in the second quarter. These strong levels of export growth partly reflect the very significant price and cost adjustment that have taken place and which are testament to the flexibility of the openness of the Irish economy. Given the openness of our economy, we will not escape unscathed from what is happening overseas. That said, the acyclical nature of some Irish exports and further competitiveness improvements will have some mitigating effects. Exports are still expected to grow by 3.8% in 2012. There is no doubt that the external environment is becoming less benign and that this is a cause for concern. Uncertainty surrounding global growth prospects has increased since the middle of the summer, while the eurozone sovereign debt crisis has intensified. As a result, international organisations are in the process of revising down their short-term macroeconomic 424 Priority 15 November 2011. Questions projections for many economies, including our main trading partners. This obviously has impli- cations for Ireland’s growth prospects. Consequently, in the medium-term fiscal statement pub- lished earlier this month, the Department of Finance revised its forecast for GDP growth in 2012 to 1.6%, down from 2.5% at the time of April’s stability programme update. From our perspective, and that of the euro area as a whole, it is crucial we move forward as quickly as possible with implementing the decisions announced by the euro area Heads of State or Government on 26 October. Swift implementation will instill confidence and underpin the euro area recovery. As regards Ireland’s return to sovereign debt markets, based on the forecasts set out in the medium-term fiscal statement, the State has access to financing to cover its needs for the next two years. Nonetheless, it is the aim of the National Treasury Management Agency to return to borrowing markets at some point in 2012. To ensure that we can regain access to sovereign debt markets, it is vital that we continue to deliver on the terms of our EU-IMF programme of financial support. This means proceeding with the budgetary adjustments that will bring our deficit back to a sustainable level while continuing to implement the necessary reforms that will improve the economy’s competitiveness. In doing so, we will create the correct conditions for fostering jobs and economic growth, which will, in turn, benefit the fiscal position and reinforce the sustainability of the State’s debt.

Deputy Michael McGrath: I thank the Minister for his response. There appears to be no end to the crisis in the eurozone. The markets do not appear convinced the new Governments in Greece and Italy will deal seriously with the problems being experienced by those countries. Elections are to be held in Spain this weekend and elections are on the horizon in Germany and France. Most people are forming the conclusion that the crisis poses an ominous threat to our economic recovery. People are now fearful that Ireland’s place in the euro or, the euro as we know it, may not be as secure as we all believed it to be. The medium-term funding of this State will need to be clearer this time next year. That would be the advice of the National Treasury Management Agency, NTMA. In light of the ongoing developments in the eurozone and given the exceptionally challenging external envir- onment, what is the latest advice of the Minister from the NTMA in regard to when Ireland is likely to return in a meaningful way to the sovereign debt markets for long term borrowing to meet this State’s long-term funding needs?

Deputy Michael Noonan: The Deputy is correct to point to the volatility of the situation in Europe, a situation that has been volatile for some time now. This obviously has an adverse effect on economic growth, real and forecasted. It is hoped that as things proceed there will be a settlement. The Deputy is correct that the situation remains volatile, which is disappointing from Ireland’s perspective given we are fulfilling all of the objectives of our programme and are working hard to get out of the difficulties we are in. In regard to when we will return to the markets, the NTMA remains of the view that Ireland will return to the markets during the second half of 2013.

Deputy Michael McGrath: 2012.

Deputy Michael Noonan: It plans to enter the markets earlier than that but with a view to testing the market rather than being fully funded. The Deputy will note that the secondary market is volatile and responds with reasonably large movements to small levels of purchasing or selling. It is difficult to know what will be the appropriate bond price for Ireland until such time as the market has been tested. 425 Priority 15 November 2011. Questions

Deputy Michael McGrath: Has the Minister received a commitment from the European Central Bank, ECB, that it will use its powers to purchase Irish sovereign debt on the secondary markets in order to ease our passage back into the markets? Does the Minister envisage this will happen in a meaningful way? Given the downgrading of exports by the Irish Exporters Association and, as the Minister has acknowledged, the market conditions remain exceptionally turbulent, what level of borrowing does he anticipate the NAMA will be able to engage in next year, in order to ease our passage back to the markets?

Deputy Michael Noonan: I have not sought any commitment from the ECB about the sec- ondary market. Because we are not in the primary market at this stage it would be premature to have any such discussions. The NTMA is of the same view it has held for the past number of months that it will be possible to get back into the market around the date I indicated and it has not changed its position in this regard.

Economic and Monetary Union 33. Deputy Pearse Doherty asked the Minister for Finance in view of recent events in Greece and Italy and the news that the French and German governments are actively considering a radical restructuring and re-sizing of the Euro, if he is actively preparing for the possibility of a collapse of the Euro or any attempt by France and Germany to exclude indebted States from the Euro or to impose significant transfer of fiscal and macro economic powers on indebted States as a precondition for remaining in the Euro; and if he will make a statement on the matter. [34881/11]

Deputy Michael Noonan: The scenario to which the Deputy refers is a purely hypothetical one and I will not add to speculation in that regard. Indeed, I note that over the weekend there was clarification from Germany and France that they are not proposing any break-up of the euro area but rather are talking about making the euro area work better. However, it is abundantly clear that we are at an important juncture. The intensification of the crisis since the announcement of a referendum in Greece and the subsequent increase in Italian borrowing costs are, of course, a matter of concern. While the situation is fluid, the recent political developments in both Italy and Greece are helpful in terms of easing the uncer- tainty that existed over the past week or so. I wish to emphasise the considerable progress that has already been made in terms of improv- ing the functioning of the EU and the euro area in particular. I refer to the EU semester; strengthened surveillance via the so-called “six-pack” of governance measures; support for vulnerable economies via the EFSF and the EFSM; a permanent crisis resolution mechanism in the form of the ESM; the Euro Plus Pact to inter alia improve competitiveness; and strength- ened financial regulation. These are all important developments and demonstrate that the EU can unite and work in the interests of all. This shows that the European Union can make significant decisions and progress which, not so long ago, would have been seen as almost unthinkable. I take great encouragement from this. I refer to the comprehensive package announced by the euro area Heads of State and Government on 26 October. This is essentially a five-point strategy involving a credible solution to the Greek situation; boosting the effective capacity of the EFSF; recapitalising Europe’s banks; enhancing surveillance; and improving economic governance in the euro area. I wish to assure the House that work is continuing on implementing these important decisions. It is in all of our interests that we move forward as rapidly as possible in that regard. 426 Priority 15 November 2011. Questions

Additional information not given on the floor of the House Not surprisingly, some have suggested that greater surveillance and enhanced governance somehow implies an unacceptable loss of national sovereignty but I do not agree. The Govern- ment’s view is clear; we are in a monetary union with other member states and therefore, more co-ordination of policies is essential. In fact, it must be recognised that the lack of co-ordination among member states in the past is one of the main reasons we find ourselves in the current predicament. It is, therefore, important to tackle the root causes of the problem. We simply cannot have a currency union without further integration and greater co-ordination. In these circumstances, putting in place, albeit retrospectively, the appropriate institutional architecture, is crucial. Of course, enhanced policy surveillance and governance must be sufficiently balanced, and in this regard, the Government sees an important role for the Community-based method as it balances the interests of smaller member states. The Government also takes the view that as much as possible should be achieved at the level of the EU 27. However, it is also recognised that the level of integration and co-ordination will be necessarily higher for countries participat- ing in a monetary union than for those outside it. Finally, I wish to stress that the benefits of monetary union should not be forgotten. For instance, the deepening of trade and investment links between participating states has been of significant benefit, while consumers benefit from lower prices and ease of travel. In addition, we are receiving significant support from the ECB during our current economic difficulties.

Deputy Pearse Doherty: I thank the Minister for his reply. The Minister regards this as a hypothetical situation and he does not wish to add to it but none of us wants to see the collapse of the eurozone or of the euro. However, we need to realise that decisive action must be taken that is different from the current type of action. The eurozone is like the Titanic and the damage is so great that unless it is patched up very speedily it will slowly sink. The Minister’s job as Minister for Finance is to ensure that there are enough lifeboats and that they are operational in order to get the to dry land. The Minister says he does not want to add to the speculation but the German finance Minister is able to say when questioned that the Germans are developing contingency plans for a collapse of the euro. He told one media outlet: “We would be a horrible government if we did not think through what it needs to do if things go wrong.” If the German finance Minister can talk about developing these contingency plans, why do we not do the same? I have one supplementary question. The Minister knows fine well the position of Italy, Spain and France. He replied to a question of mine on a previous occasion by saying the Department of Finance is discussing these matters. I ask if he is developing plans. Is there any co-ordination between other Ministers for Finance in other states, some of whom are developing plans?

Deputy Michael Noonan: The Deputy referred to the German finance Minister. I would refer him to a very long interview that minister did with Le Monde, published on Sunday, in which he gave an absolute commitment to the future of the eurozone. He stated his ambition was for the euro to grow to be the most significant reserve currency in the world, that he was confident of its future and that we needed greater fiscal consolidation and a financial transaction tax. The Minister dealt with a variety of other issues, as recently as Sunday. Any suggestion that at either leader or finance Minister levels the authorities in France or Germany are planning the demise of the euro is entirely incorrect. There is no such intention. Obviously, we are aware of the ongoing debate and are keeping in very close contact.

Deputy Pearse Doherty: I wish the Minister would answer the question. He spoke of being wrongly quoted. Nobody claims that France and Germany are planning the demise of the euro. 427 Other 15 November 2011. Questions.

[Deputy Pearse Doherty.] That is ridiculous. No European leader wants that. However, other finance Ministers are taking action. I again quote the finance Minister of Germany——

An Leas-Cheann Comhairle: No quotations, please.

Deputy Pearse Doherty: ——to the effect that it would be a horrible government that did not make such plans. Those countries have got their act together — have we? Are we developing contingency plans for the eventual break-up of the euro, something I am sure nobody through- out Europe wants to see? However, it could happen and we would be a horrible Government if we did not prepare for the impact on our citizens if such a situation were to transpire.

Deputy Michael Noonan: I am glad to see the Deputy pledging support for the euro after his party campaigned against it in the Maastricht and Lisbon treaty referendums——

Deputy Pearse Doherty: The Minister should answer the question.

Deputy Michael Noonan: ——and in every other treaty that advanced the European cause. I am very pleased by that.

Deputy Pearse Doherty: We have great structures as a result of those treaties.

Deputy Michael Noonan: The Deputy quoted the German finance Minister as evidence but that utterance could apply to anybody in government, any time, anywhere. It would be a very bad government that did not plan for the future. That is all the Minister said. We take the same position.

Deputy Pearse Doherty: He said he has contingency plans for the break-up of the euro.

Deputy Michael Noonan: It would be a very bad government that does not plan for the future.

Other Questions An Leas-Cheann Comhairle: The same arrangements shall apply to Other Questions.

Financial Services Regulation 34. Deputy asked the Minister for Finance in view of the comments of the Financial Regulator last month and the refusal of certain banks to pass on the recent ECB interest rate reduction, his views on giving the Financial Regulator the power to intervene in the interest rate policy of banks; if he has any proposals in this area; and if he will make a statement on the matter. [34403/11]

Deputy Michael Noonan: I welcome any initiatives by the Central Bank in efforts to help homeowners who are struggling with mortgage repayments. Neither the Central Bank nor I, as Minister for Finance, has a statutory role in the setting of interest rates charged or paid by financial institutions that are regulated by the Central Bank. However, I very much welcome the decision by the lenders who have decided to reduce their standard variable rates in recent days. I encourage all lenders to do the same. Such reductions will be of benefit to homeowners who are struggling with payments. The Govern- ment wants the banks to pass on the interest rate cuts for a number of reasons. In particular, the interest rate cut will be of important assistance to mortgage holders who are struggling with their mortgage repayments. 428 Other 15 November 2011. Questions.

Following a request from the Taoiseach, the deputy governor of the Central Bank forwarded a report on 11 November 2011. In my reply to today’s priority question from Deputy Pearse Doherty, I outlined the details contained in the report. In short, the deputy governor has stated that the power to exercise close regulatory control over retail interest rates is not sought by the Central Bank at this time. He went on to point out difficulties which would result from giving the Central Bank powers to set interest rates. These include a reduction in the avail- ability of credit, particularly to less secure customers, a chilling effect on entry of sound com- petitors in the market and an impediment to progress towards the re-establishment of bank management practices that could ensure a healthy and free-standing banking system no longer dependent on the Government for bailouts. Based on the advice received from the Central Bank, I have no plans to recommend to Government that it introduce legislation to compel lenders to reduce their standard variable rates. However, I will keep the matter under review. The question of how interest rates paid on deposits should be treated would also have to be considered in the context of any such legislation. If the Central Bank requires additional legislative measures to enable it to carry out its functions more efficiently, I will consider its request with a view to bringing proposals to Government.

Deputy Michael McGrath: I thank the Minister. I hope the moral pressure being applied by the Government to Bank of Ireland and Ulster Bank will succeed. However, I believe the Minister will accept that is not the full story. The real issue is the wide variation in variable interest rates being charged by the covered institutions. Permanent TSB, for example, reduced its rate to 5.44%. If a new customer manages to get a mortgage with that bank today, however, he or she will be charged 6.2%. The standard variable rate of EBS is 4.8%. KBC is charging 4.6%. It is clear that some of the rates being charged are approximately double that currently being charged by AIB. The Minister is aware that this feeds directly into the level of mortgage arrears being experienced by people. We know that the forthcoming statistics are likely to show a further deterioration in the level of arrears. Is the Minister concerned about the variable interest rates that are being charged on mortgages, particularly by the covered institutions? Surely the key issue that needs to be addressed is the wide disparity among the banks in this regard.

Deputy Michael Noonan: The Deputy is correct. There is a wide variation in mortgage charges. AIB has confirmed that it is reducing its 3.25% rate to 3%. No change has been signalled in Bank of Ireland’s 3.95% rate. EBS has confirmed that it is reducing its 4.93% rate to 4.68%. Irish Nationwide has confirmed that it is reducing its 4.48% rate to 4.23%. KBC has confirmed that it is reducing its 4.5% rate to 4.25%. National Irish Bank is increasing its 3.4% rate to 4.35%. Permanent TSB is reducing its 5.69% rate to 5.44%. No change has been sig- nalled in Ulster Bank’s rate of 5.15%. There is a very big variation among the rates. The only thing that really gets rid of price variations in an economy is competition. We should encourage competition. This is one of the difficulties with having two pillar banks. We are pleased that Ulster Bank is committed to continuing to operate in the Irish market. The authorities would suggest that if we have a strong third banking force, that will provide the level of competition that is necessary. There is room for Mr. Matthew Elderfield’s approach.

Deputy Michael McGrath: The problem is that there is no competition in the mortgage market, in effect. The banks do not want to give out mortgages. The Minister has read some of the statistics in this regard. Guaranteed banks are charging in excess of 5% in interest on their mortgage books. That is the real issue. It warrants a policy intervention. The Minister will 429 Other 15 November 2011. Questions.

[Deputy Michael McGrath.] be aware of a report that was published by the European Commission in June. The Commission studied interest rate restrictions in the EU. Its report gave Ireland the lowest rating for effective policy interventions on the issue of interest rates. Many eurozone countries have intervened in various ways. Some of them have set a maximum rate that is linked to the average annual percentage rate that is being charged in the market. Germany has a different system. Various interventions are widespread throughout Europe and the developed world. In light of the rates that have been mentioned by the Minister, there is a need for a policy intervention to ensure the rates being charged by the guaranteed banks are more realistic and do not result in more people slipping into mortgage arrears.

Deputy Michael Noonan: It is not possible for any regime to control the interest rates that are charged without controlling the interest rates on deposits at the same time. The two of them have to go together. If the Deputy would like to make some proposals, we will consider them carefully. We would welcome them. The Deputy Governor and Financial Regulator, Mr. Matthew Elderfield, is very active in this regard. He is pursuing results on the basis of his current powers and his powers of persuasion, rather than seeking additional legislation. We will see how that works.

Deputy Pearse Doherty: When representatives of Bank of Ireland were before the economic governmental team, were they asked how much of an additional profit they would make by not passing the ECB interest rate reduction onto their mortgage customers? By how many millions of euro will the bank, and, therefore, its shareholders, be more profitable? Has the Government written to Permanent TSB, which is charging the highest variable interest rate at 5.44%? The programme for Government included a commitment to ask banks to forgo any hike of 0.25% in interest rates. Permanent TSB has hiked up its interest rates during the Government’s term of office. Has the Government formally written to that bank to ask it to produce a plan to forgo interest rate hikes? What response did it receive to the commitment it made in the programme for Government?

Deputy Michael Noonan: The banks are regulated by the Central Bank through the Gov- ernor and the Deputy Governor. Ministers meet people all the time every day. We meet people on the basis that we have full and frank discussions on issues which are confidential. I cannot go into the detail of our discussions with Bank of Ireland or any other bank but I am giving the Deputy the result of the discussions. The result has already been indicated publicly but we do not regard this business as concluded. The deputy governor, financial regulation, of the Central Bank has powers in this area which he is pursing.

Fiscal Policy 35. Deputy John McGuinness asked the Minister for Finance if he will set out his rationale for not accepting the recommendation of the Fiscal Advisory Council on the budgetary adjust- ment for 2012; and if he will make a statement on the matter. [34413/11]

Deputy Michael Noonan: The Irish fiscal advisory council in its first fiscal assessment report published in October stated that it sees a strong argument for strengthening the budgetary consolidation effort and targeting a general government deficit of 1% of GDP by 2015, as compared to the target of having a deficit below 3% by that year. In that regard, the council recommended the implementation of a €4.4 billion budgetary adjustment package in 2012. Under the terms of the EU-IMF programme, the general government deficit must not exceed 8.6% of GDP. The recently published medium term fiscal statement estimates that, based on the current macroeconomic and fiscal assessment, an adjustment of €3.8 billion is required in 430 Other 15 November 2011. Questions. order to achieve that target, one to which the Government is absolutely committed. While cognisant of the views of the council, the Government is of the view that adhering to its commitment to reduce the deficit to below 3% of GDP by 2015 and delivering on the EU-IMF programme commitments is what is needed. In striving to restore sustainability to the public finances, we must also be mindful of protect- ing the emerging economic recovery and seek to strike the right balance between the two. This balancing act is difficult but we believe we have struck the right balance as do the EU- IMF troika.

Deputy Michael McGrath: I thank the Minister. The reason this question was asked is that it is important we put on record the Government’s response to the fiscal advisory council’s report. The Government was required to establish the fiscal advisory council under the EU- IMF programme. It has not yet been put on a statutory basis but its work is well under way. I happen to agree with the Minister and with the Government’s position that it would be wrong to go for an adjustment of €4.4 billion, which was recommended by the fiscal advisory council. That would have a very negative impact on the domestic economy at a time when we need confidence and certainty in it and on issues which are within the Government’s control, such as upward only rent reviews, the partial loan guarantee scheme and the cost of labour, including the promised reforms of the JLCs and the REAs. That is where the focus must be. It is important we put on record the response by Government because we have not had a debate on that report. When does the Minister hope to have the council put on a statutory basis?

Deputy Michael Noonan: It is always a question of judgment. There is a lot of advice saying we should front-load the adjustment and there are people who say we are going too fast already. The debate is about whether we reduce demand in the domestic economy unduly so that any hope of growth goes out the window. It is a moot point. I thought the report by the fiscal advisory council was very good and I thank the chairman and the members of the council who work on a pro bono basis to provide the Government with independent advice. I thought the advice on this occasion was striking. I spoke previously on whether an adjustment of 1% by 2015 rather than an adjustment of just under 3% by 2015 is appropriate. The way I see it is that the correction will not finish in 2015 and whoever is in government after that date will have the problem of continuing it. Taking on board the advice of the fiscal advisory council, it may be appropriate to set a new target which would get us down to 1% a couple of years after 2015 but it is always a balance between taking demand out of the economy and inhibiting recovery or front-loading the pain so that we get a better run later on. It is a matter of judgment.

Deputy Michael McGrath: When will we see the Bill and when will the fiscal advisory council be placed on a statutory footing?

Deputy Michael Noonan: We have made a commitment to do so but it will not be in this term.

Deputy Richard Boyd Barrett: It is bad enough that we have effectively seen a political coup d’état by the markets and the troika in Italy and Greece in recent weeks and all the suffering resulting from these so-called fiscal adjustments but is there any recognition on the Minister’s part, as projected growth rates for Europe are being downgraded on a daily basis, that the austerity might not be working? Does the Minister agree that our ability to deal with deficit problems or even meet the terms of the troika agreement are dependent on economic growth when it is obvious that economic growth is being crippled in the eurozone? Is there any recog- nition on the Minister’s part or that of the troika that no matter what they do it is resulting in 431 Other 15 November 2011. Questions.

[Deputy Richard Boyd Barrett.] the contraction of the European economy which will throw all plans for this economy and that of Europe off course?

An Leas-Cheann Comhairle: The question was on the fiscal advisory council.

Deputy Richard Boyd Barrett: I am asking about fiscal adjustment.

Deputy Pearse Doherty: In regard to the proposals from the fiscal advisory council on the scale of the adjustment, I agree that a reduction to 1% by 2015 is not a path that should be followed. However, this time last year the previous Government suggested an adjustment which has grown over 12 months by €2.6 billion. It went from €9.8 billion to €11.8 billion to €12.4 billion. It has grown by €2.6 billion due to a number of factors, including growth rates, interest rates and so on. If we were to see a further increase in the value of the adjustments to be made, is there a point at which the Minister believes we could not get to the 3% by 2015? In the past 12 months, we have absorbed an additional adjustment of €2.6 billion. Is there a point at which we say that this is all that can be taken out of the economy? Some €12.4 billion or €12.5 billion is not just what we are taking out. That is an annual amount. Has the Minister examined that?

Deputy Michael Noonan: Harold Wilson said a week is a long time in politics. Six months is a very long time in the life of the European economy. One must recall that 12 months ago, we were not in the programme. Look at all that has happened since then. The Government has been in office for approximately seven months and look at all that has happened since then. To project to 2015 and to ask me to give a view on what would happen is not reasonable. We can speculate but it is of no practical impact. On Deputy Boyd Barrett’s question on whether we take cognisance of declining growth in the European economy, of course we do. We have readjusted our growth figures down from €2.5 billion to €1.6 billion for 2012.

Deputy Richard Boyd Barrett: To what does the Minister ascribe the contraction?

Deputy Michael Noonan: To translate that into very simple terms, in the Irish economy, every 1% reduction in growth rates is 0.5% of GDP. Some 0.5% of GDP up or down generates or takes out approximately €800 million in tax receipts. That is the level of adjustment we made in preparation for this budget. If we had not done the mark down, we would have approximately €700 million extra available to us. We are taking it into account but it is a fallacy to say that the reduction in growth rates in Europe is due to lack of demand or austerity programmes in Portugal, Greece and Ireland because together we represent approximately 6% of the whole outfit. If one looks at the situation in Germany, it had growth rates of approxi- mately 4% but it is back to slightly over 0%. That has nothing to do with any austerity prog- rammes in Germany because there are none.

Deputy Richard Boyd Barrett: What about Spain and Britain?

Social and Affordable Housing 36. Deputy David Stanton asked the Minister for Finance further to Parliamentary Question No. 142 of 15 June 2011, the further progress that has been made by the National Assets Management Agency in discussions with Government Departments and State agencies regard- ing the development of proposals to contribute to social development such as the selling of property to State bodies for development of community facilities; and if he will make a state- ment on the matter. [34428/11] 432 Other 15 November 2011. Questions.

Deputy Michael Noonan: NAMA concluded the sale of 58 social and affordable units to the Cluid Housing Association in July. The agency has provided a list of over 1,000 other properties to the Department of the Environment, Community and Local Government and I am informed that it is now in discussions with the Minister of State with responsibility for housing, his officials and the Irish Council for Social Housing with a view to identifying properties which may be suitable for social housing. In addition, I am also aware that NAMA has approved the release of lands in Baldoyle to Fingal County Council for extra parkland; has accommodated the sale of a 13 acre site in Hansfield, west to the Department of Education and Skills; and has agreed to co-fund with Fingal County Council a link road through lands that NAMA has as security for loans in west Dublin which will link the N2-N3. More generally, the NAMA board has committed to giving first option to public bodies on the purchase of property which may be suitable for their purposes, including social housing. In addition, NAMA advises me that it is willing to facilitate dialogue between debtors and third parties interested in acquiring property for social or public purposes.

Deputy David Stanton: I am pleased there is progress in this area. Is NAMA open to leasing any such properties to community groups or youth organisations which may not be in a position to purchase properties for community and sporting activities?

Deputy Michael Noonan: NAMA has a dedicated e-mail address and telephone number for Deputies who want information on its properties. I do not believe the agency would be adverse to a leasing arrangement. Generally, however, it is more inclined to dispose of properties rather than lease them. The agency is aware of its social obligations under the NAMA Act and it is fulfilling them. It is prepared to entertain any reasonable proposition which would be to the advantage of communities or voluntary organisations.

Deputy Pearse Doherty: That was an interesting question from Deputy Stanton. Does the Minister believe NAMA is fulfilling its legal requirement to contribute to the social develop- ment of the State? The agency is asked to contribute to the State’s social development without a price benefit to it. It is not about the first offer to a local authority. I accept it has released some lands through which roads could be built but it has a large property asset portfolio. Does the Minister believe the agency is significantly contributing to the social development of the State, as required by law? What are the Government’s plans to ensure the agency lives up to this provision which was inserted into the original legislation?

Deputy Michael Noonan: NAMA was a colossal enterprise. If the Deputy is familiar with the legislation, he will know it involved much work. Then the board had to be established, staff acquired and the agency put out as a going concern. Its first task was to transfer the impaired loans in excess of €20 million from the banking system. That has been accomplished, with the last of the transfers completed recently, and its total nominal value is now approximately €74 billion. NAMA is now disposing of property. I had conversations with the agency’s chairman about its social mandate of which it is conscious and is fulfilling. It must be remembered it is not the agency’s main objective. I earlier listed some the social projects which it concluded but it is open to more. It is in discussions with the Department of the Environment, Community and Local Government which may make a large number of houses made available by the agency for social housing purposes.

433 Other 15 November 2011. Questions.

Deputy Richard Boyd Barrett: I do not understand how property transferred or sold by NAMA can contribute to dealing with the 93,000 people on housing lists when the Government announced over the summer that there would be no more direct building of council housing. Will the Minister square that circle for me? Will the Minister also explain the economic ration- ale behind local authorities leasing properties from NAMA, as the rental income will go back to NAMA or developers and not the authorities?

Deputy Michael Noonan: I am not sure what point Deputy Boyd Barrett is pursuing. As well as NAMA owning much residential zoned land, it also owns much unoccupied property. Across the country, the agency has unoccupied apartments and houses as part of its debt portfolio. It has expressed its willingness to engage with local authorities for them to acquire some of these properties for social housing purposes. The housing stock is available. It is a question of making an arrangement and doing the deal.

Bank Guarantee Scheme 37. Deputy Dessie Ellis asked the Minister for Finance if he will provide a breakdown of the amounts of emergency liquidity assistance including interest charged currently held by banks covered by the eligible liabilities guarantee. [34442/11]

Deputy Michael Noonan: The Central Bank of Ireland does not comment on exceptional liquidity assistance, ELA, operations and any queries relating to specific credit institutions would need to be directed to each particular institution. The Central Bank does, however, publish details of its liquidity operations at a system level. Any loans by the bank 3o’clock are contained in its balance sheet which is updated on a monthly basis as part of its monthly statistics. Table A2 in the balance sheet, Financial Statement of the Central Bank, highlights European Central Bank borrowings under the heading “Lending to Euro Area Credit Institutions relating to Monetary Policy Instruments” while exceptional liquidity assistance would be captured under the category “Other Assets”. At the end of October, these amounted to €47.7 billion, down from a peak of approximately €70 billion at the end of February last. Separately, table A4 in the balance sheet, Credit Institutions’ Balance Sheet (A4.2 Covered Institutions ), highlights ECB borrowings under the heading “Borrowing from the Eurosystem related to Monetary Policy Operations”. The covered institutions’ figures are identified in table A4.2 and exceptional liquidity assistance to covered institutions would be captured in tables A4 and A4.2 under the heading “Remaining Liabilities”. Deputies will be able to access this information themselves as it is quite complex in the context of reading the Official Report.

Deputy Pearse Doherty: Clearly the Minister did not get the chance to finish his contribution but I will read the Official Report on the overall level. I presume the detailed breakdown will be provided in that. What discussions have taken place between the Department of Finance, the ECB and the Governor of the Central Bank to have the ELA changed from two-week funding to long-term funding? It has been claimed such a change would greatly assist our banks. However, there has been no discussion about it. Why is the ECB reluctant to provide long-term and medium-term financing to our banks?

Deputy Michael Noonan: Since I first became Minister for Finance in March 2011, at all my meetings with the ECB the issue of medium-term funding for the banks has been raised. The bank’s position is that it is not legally empowered to give funding beyond a short-term basis. 434 Other 15 November 2011. Questions.

Recently, however, there has been a change of policy because it is now willing to give medium- term funding of up to 12 months. We would like assurances beyond that term but it is an advance. There is no suggestion that the bank will withdraw funding from us. It has assured us at all times that whatever the roll-over period will be, it will continue to roll it over.

Deputy Pearse Doherty: Has the new 12-month funding arrangement been extended to any Irish bank? If so, which banks have been able to avail of it? I understood these arrangements are not on offer to Irish banks.

Deputy Michael Noonan: I am not aware of it being applied to Irish banks yet. I will get that information for the Deputy to ensure what information I have provided is up to date.

Deputy Michael McGrath: Has the Minister sought an extension of the eligible liabilities guarantee beyond the end of 2011? If so, has he had contact with the European authorities on this?

Deputy Michael Noonan: We are considering this aspect. The likelihood is that there will be an extension of the scheme. There is also a likelihood that banks will be in the market to get deposits without guarantee.

Mortgage Assistance 38. Deputy asked the Minister for Finance if he has to date made any decisions on the recommendations of the Keane Report or on any other measures designed to assist distressed mortgage holders; if he will give an outline of the timeline for action on measures to assist distressed mortgage holders; and if he will make a statement on the matter. [34400/11]

Deputy Michael Noonan: As indicated previously, the Government is acutely aware of the increasing financial stress that some households are facing arising from difficulty in meeting their mortgage commitments. It was for this reason that the Government requested an inter- departmental group to consider further necessary actions to alleviate the increasing problem of mortgage over-indebtedness. As the Deputy is aware, the group’s report has now been published and it is still the subject of a detailed and very worthwhile debate in this House. However, progress has already been made in response to acting on a number of the recom- mendations of the inter-departmental report and work has commenced across a number of Departments and agencies. These will build on the measures already in place to assist mortgage holders such as the MARP process and the revised Code of Conduct on Mortgage Arrears. The inter-departmental report identified reform of personal insolvency law as a critical measure to tackle mortgage distress and the Minister for Justice and Equality has now undertaken extensive work on the development of a Bill to bring forward the necessary legislative pro- visions in order to modernise the law in this regard. This is being advanced as a priority matter. The Minister for housing and planning has also commenced work on the implementation of two mortgage-to-rent schemes in line with the report’s recommendations. The Minister has indicated that the schemes will operate on a pilot basis initially and that work is now well advanced with a lender and an approved housing body to make the pilot schemes operational as soon as possible. My own Department is undertaking a process of direct engagement with banks on the development of voluntary approaches by mortgage lenders and, in addition, the Central Bank 435 Other 15 November 2011. Questions.

[Deputy Michael Noonan.] has also asked mortgage lenders to produce detailed mortgage arrears resolution strategies and implementation plans as a matter of urgency for submission by the end of November. This House is continuing its debate on the inter-departmental report and the Government has stated that it will consider and take account of the many contributions made, both inside and outside the House, to this debate in its ongoing efforts to address the problem of mortgage difficulty. Once the Dáil debate has concluded I will, following assessment of the points raised, be bringing proposals to Government on next steps including an implementation mechanism. This will enable the recommendations of the inter-departmental report to be progressed in a co-ordinated fashion in order to provide effective and meaningful solutions for those borrowers that are facing difficulties in meeting their mortgage commitments.

Deputy Michael McGrath: I thank the Minister. His closing remarks implied that the Govern- ment has accepted the recommendations of the Keane report. What is the status of those recommendations? Has the Government formally made the decision to accept in full or in part the recommendations of the Keane report because the Minister referred to progress being made on a number of fronts implementing the recommendations of the report? With one in eight mortgages in real difficulty we can all agree that this is an area of the highest priority and we need to see the Government coming forward as quickly as possible with a comprehensive announcement of the package of measures it intends to bring forward as a policy response to the crisis following on from the Keane report. When does the Minister hope to come forward with a Government decision and an announcement in this House on the steps he intends to take following the Keane report?

Deputy Michael Noonan: All Deputies opposite and the Deputies on this side of the House, together with Deputy McGrath, urge that urgent action be taken in this instance. While the Keane report was put before the House for the subject of debate and for information purposes without the Government taking decisions, it was self-evident early in the debate that there was common ground on a number of issues and the Government began to proceed with those. First, there must be new bankruptcy and insolvency legislation. Second, there is merit in back-stop arrangements where somebody who is about to lose their house can enter into an arrangement where they can continue to live in that house. The Minister for housing has initiated a number of pilot schemes and made considerable progress on that. It is also common ground that circum- stances differ between one household and another and that there must be a range of inter- vention instruments. What we intend to do now, rather than hold up affairs, is proceed as I have indicated, take into account suggestions made by the Deputies opposite and many colleagues on the Govern- ment side, take an implementation strategy to Government at an early date and announce that, and then proceed to implement in line with the implementation strategy.

Deputy Michael McGrath: Will the Minister clarify whether he expects that we will have a public announcement by the Government on the mortgage crisis and the Keane report in advance of the budget on 6 December? If there are measures that flow from the report and Government decisions that require a budgetary decision, those would have to be decided upon prior to that date.

An Leas-Cheann Comhairle: Thank you, Deputy. I must call the Minister because we are out of time. There are Deputies offering but I cannot call them today.

Deputy Michael Noonan: Work is proceeding and the lack of an announcement has not inhibited the work, as I have outlined. I am planning to make an announcement before 436 Leaders’ 15 November 2011. Questions

Christmas but whether that is before or after the budget I cannot say. It is more likely to be in those weeks between the budget and the Christmas recess.

Leaders’ Questions Deputy Micheál Martin: I welcome the fact that after eight months and five summits the Taoiseach will finally hold a bilateral summit tomorrow with a leader of a eurozone country. As we have been pressing him on since last June, there is an urgent need for the Taoiseach and the Tánaiste to do more than just talk about diplomatic initiatives. Now that he is finally meeting Chancellor Merkel the big question remains as to what is his policy in this area. What is the Government demanding in terms of issues specific to Ireland and measures to tackle the eurozone crisis? I wrote to the Taoiseach last week calling for a cross-party consensus which would set out clearly Ireland’s position. He rejected that and refused even to consider holding a meeting on it. Last month’s euro deal has already fallen apart. Existing European policies have not worked and cannot work and if the Taoiseach continues to sign off on statements claiming that the euro crisis is about individual countries being reckless Ireland will continue to quietly go along with the end of the euro and the economic disaster which may follow. It is very clear what needs to be done and the most important part of that is that the Euro- pean Central Bank must start acting as the central bank for all member states and not just one. Will the Taoiseach do tomorrow what he has so far refused to do and state that Ireland, clearly and without qualification, believes that the European Central Bank must stop the policies that have driven three countries out of the bond markets? Will he demand that Chancellor Merkel and others start representing the views of all of the member states of the eurozone because if they continue as they have been going in recent months they will have done more damage than any euro sceptic could do to the European Union?

The Taoiseach: The matter Deputy Martin raises is central to the citizens of the European Union and central to the citizens of the eurozone. I have attended eight European meetings, including two meetings of the European People’s Party, and I recently met with EU Com- missioner Barroso on 13 October. The Minister for Finance, Deputy Noonan, has attended ten eurogroup-ECOFIN meetings and at least ten European People’s Party meetings of Ministers for Finance. The request I made to meet Chancellor Merkel was issued some time ago. For the information of Deputy Martin, the French President offered a date for a meeting which I cannot take up because I have business here with the British-Irish Council. I have met Chancel- lor Merkel at all of these meetings previously. The meeting which takes place tomorrow is an opportunity to have a discussion with her in her capacity as German Chancellor about perspec- tives as to what lies ahead for the eurozone and European Union. Deputy Martin wrote to me last week and offered a cross-party consensus which would give me a mandate for attending European Council meetings. Clearly, one will not get cross-party consensus on a specific mandate because Sinn Féin has been completely opposed to the concept of European union since we joined the European Economic Community. I notice today, however, that Deputy Doherty is in favour of supporting the euro. There is, therefore, no point in pursuing something that is not realistic or cannot happen. In any event, as Deputy Martin will be well aware, one sits at the European Council meeting of leaders on one’s own and if things change rapidly, one could be locked into a specific mandate that is completely off-the- wall or irrelevant in terms of what can happen at such meetings. Things are moving at a frenetic pace. Two technocratic governments have been established, with Prime Minister Monti putting together a government in Italy and Prime Minister Papademos focusing on the Greek situation. 437 Leaders’ 15 November 2011. Questions

[The Taoiseach.]

In so far as the European Central Bank is concerned, Deputy Martin will appreciate that the ECB comprises the governors of 17 different central banks. The German Government has a very strong view which is in direct conflict with the proposition made by the Deputy. I have stated previously, as has the Minister for Finance on numerous occasions, that if one wants unlimited financial firepower to deal with contagion across countries, the ECB is obviously the ultimate authority in this respect. The decision of the Heads of Government was in respect of the EFSF and two vehicles for leveraging up that particular money. It is clear there are some complex, technical difficulties associated with this. In so far as tomorrow’s visit is concerned, it is an opportunity to state that this country respects the right of other countries to put forward views about governance and fiscal discipline in respect of the way in which things are run. This country was always absolutely on line in respect of the Stability and Growth Pact and for what its worth we have begun a journey that is headed in the right direction. However, we still need continued support and understanding from our European colleagues. What I would like to see now in the case of Italy and Greece is a focus on the austerity programmes that will have to be put through in both countries to bring a sense of cohesion to the market situation. I am quite prepared to discuss with Chancellor Merkel her views on Europe which she articulated at the CDU conference yesterday and over the past week. What is important for us is that we continue on the path of meeting the conditions of the bailout and focus on what Europe needs to do to continue to achieve growth in the eurozone and European Union in order that we can come out of this at the earliest possible time.

Deputy Micheál Martin: We have a cross-party mandate on corporation tax which the Taoiseach agreed with all parties in the House before a European summit meeting. I do not accept his view that we cannot work to try to develop a cross-party consensus on matters pertaining to Europe and the national position. It is incredible, in the teeth of the worst euro- zone crisis ever, that he appears to have indicated he cannot take up an offer of a meeting with President Sarkozy. The Minister of State, Deputy Creighton, stated on Sunday that Germany would have to allow the European Central Bank to expand bond buying. She went further and stated Germany will change its position because it will have to do so. The Minister of State with responsibility for Europe is talking very tough in the Irish media.

An Ceann Comhairle: Will the Deputy ask a question, please?

Deputy Micheál Martin: Will the Taoiseach follow up on her comments? Another summit next week is due to agree a framework for reforms of the European Union, yet the Taoiseach has not yet made a single substantive point on what Ireland’s position will be on this matter. Some weeks ago in the House he stated he did not have any idea what was being talked about and he was only talking about limited treaty change. With his sixth summit since taking office imminent, will the Taoiseach finally propose an item for the agenda and circulate any proposals? Again, I ask him to take up my offer to hold cross-party talks in order that we can arrive at an agreed position that would strengthen Ireland’s national position. Existing European Central Bank policies are not working. They have failed abysmally and it is time this country started to say something about it because we and many other member states have just as large a stake in this issue as Germany, France and the other big players.

The Taoiseach: We made a number of dates available to the French authorities. Obviously, all leaders have their own schedule of dates. As far as I know, I have undertaken to meet the 438 Leaders’ 15 November 2011. Questions

British-Irish Council on the date in question and cannot break that undertaking. We will rearrange a meeting for another appropriate date. The Deputy should not find this incredible as it happens on a daily basis.

Deputy Micheál Martin: Eight months ago, the Taoiseach stated he would undertake the biggest diplomatic initiative of all time.

The Taoiseach: As the Deputy well knows, all leaders are entitled to have their own sched- ules. We do not sit around these tables as leaders of big and small countries but as equals. In respect of the drafting of the agenda, I notice Deputy Martin does not ask what is the agenda from Slovakia, Estonia or Britain.

Deputy Timmy Dooley: This is the Irish Parliament.

The Taoiseach: Deputy Martin has not sat around the table in respect of the drafting of the agenda.

Deputy Micheál Martin: I have actually.

The Taoiseach: He has not done so as a leader and that is what is missing. In December, President Van Rompuy will provide a report, a paper, setting out a basis of what he considers to be possible in the context of treaty change. This will be followed by a roadmap which will probably be delivered in March 2012. It may well be that other leaders will want to expedite the matter. I can state, from other leaders who sit around the table, that if one decides to have major treaty change, one opens up all of these other areas for discussion with the European Parliament, Intergovernmental Conferences and all of that. I look forward to a discussion with Chancellor Merkel tomorrow on governance issues, her views on the extent of treaty change, whether by protocol which may or may not require a referendum——

Deputy Micheál Martin: Will the Taoiseach set out his views at the meeting?

The Taoiseach: My views are on record. I do not believe radical treaty change is needed. The vast majority of what one needs to do in terms of governance and fiscal discipline is already in the agreements and flexibilities that have been approved. While I intend to make this point clearly, I also have very strong views about the Single Market and the potential for further exports and business within the European Union. As Deputy Martin knows, big business in the Far East and United States does not talk to the extent it should about the potential of Europe because Europe has strangled itself to a great extent. We need to free up this matter. I recognise the Deputy’s views on the issue are always important. At least he and I can agree on the importance of the eurozone, European Union and euro, unlike Sinn Féin which takes a radically different view.

Deputy Gerry Adams: I was about to ask the Taoiseach about Slovakia or Estonia but I will stick to trying to get an answer about this State.

Deputy Michael Noonan: What about a question on Libya?

Deputy Leo Varadkar: Or Colombia.

Deputy Gerry Adams: On 4 November, the Taoiseach indicated he would consider introduc- ing legislation to compel the banks to pass on to customers the ECB interest rate reduction. The avalanche of press statements from and Fine Gael backbench Deputies applauding his commitment shows that they are aware of the distress mortgage holders are 439 Leaders’ 15 November 2011. Questions

[Deputy Gerry Adams.] under. The Taoiseach called on the banks to do the right thing. Despite Bank of Ireland and Ulster Bank continuing to defy the Government and National Irish Bank deciding to increase its rates, there is no sign of the promised legislation. Billions of euro of taxpayers’ money have been ploughed into the banks by the Government and bankers and bondholders have been bailed out. Distressed mortgage holders, on the other hand, have not received a bailout. Will the Taoiseach inform the House and the tens of thousands of people who are struggling with mortgage payments what he intends to do about this issue? Will he act in the interests of citizens by introducing the legislation about which he gave a commitment and, if not, will he be straight and indicate he will not introduce such legislation?

The Taoiseach: Unlike the Deputy’s views over the years, when he was asked whether he condemned this or that, my answers are very straight. I said in here last week that if the regulator sought extra regulatory powers from the Government, the Government would respond to him. The regulator has written to me and has said at this time, he does not seek powers to regulate interest rates. The Deputy asks me what are we going to do about it. The fact is that the Government called in representatives of the three banks for a serious discussion, in advance of the interest rate reduction issue, about their strategy for growth and lending, their position on access to finance for small and medium enterprises, the capacity to meet targets set out by the two pillar banks of €3 billion each this year, and a number of issues that were of interest to the Government and to the banks. Following that, we discussed the question of the interest rate reduction being passed on. I welcome the fact that Allied Irish Banks have passed on the reduction in interest rates. I am very disappointed that others have not done so. As has been pointed out clearly by the Minister for Finance, the ECB reduced interest rates to stimulate economic activity, to provide an opportunity for further investment, to help people who are in difficulty and not to have banks make a capital increase from it. This is ECB policy and I expected that banks would follow ECB policy.

Deputy Gerry Adams: I would never expect the banks to do anything, given their involve- ment in the economic crisis we are trying to escape. I do not think the Taoiseach and his colleagues need the regulator to tell them what to do. They can see it in every constituency across this State. The Taoiseach spoke about straight answers. I would like to remind him of some of the Government’s public interest directors on the boards of banks. Former Labour Party leader gets a basic salary of €27,355——

An Ceann Comhairle: We are on supplementary questions now.

Deputy Gerry Adams: ——in addition to a ministerial pension. This is a supplementary question.

An Ceann Comhairle: It is not really.

Deputy Gerry Adams: A former leader of the Taoiseach’s own party is chairman of the bank formerly known as Anglo Irish Bank, and he gets a cool €150,000 on top of his ministerial pension. Mr. Joe Walsh, a former Fianna Fáil Minister, is in the Bank of Ireland——

An Ceann Comhairle: This is Question Time. We do not read from documents at this stage.

440 Leaders’ 15 November 2011. Questions

Deputy Gerry Adams: ——as is Tom Considine, a former Secretary General of the Depart- ment of Finance, and they have earned €290,000 in fees between them since they took up those jobs.

Deputy Tom Hayes: Sinn Féin got more from the Northern Bank.

Deputy Gerry Adams: Has the Taoiseach considered removing them and replacing them with directors who actually operate in the public interest? What say do citizens have on these issues if the banks are going to do whatever they want, regardless of the pleas of the Government?

The Taoiseach: The former Labour Party leader, Dick Spring, is a public interest director on the board of AIB and that bank has passed on the interest rate reduction.

Deputy Pat Rabbitte: Deputy Adams still managed to give him a mention.

Deputy Gerry Adams: Is he a former Labour Party Minister, like Deputy Penrose?

The Taoiseach: The former leader of the Fine Gael Party, Alan Dukes, is involved with the former Anglo Irish Bank, which is no longer a bank. The former Minister for Agriculture, Fisheries and Food, Joe Walsh, a former member of the Fianna Fáil Party and an esteemed man in his own right, is a public interest director on the board of the Bank of Ireland, which did not pass on the interest rate reduction.

A Deputy: That’s Joe’s fault.

The Taoiseach: It is not Joe’s fault. The fact is that the Government owns 15% of the Bank of Ireland. I am very disappointed that the Bank of Ireland has not passed on this interest rate reduction in accordance with ECB policy. The regulator’s job is to look at every bank to see that there is fair play across the field. I respect that effort from the regulator. His letter states that “the power to exercise close regulatory control over retail interest rates is not, however, being sought by the Central Bank at this time”. However, he also states the following:

The Central Bank has two concerns. First, the standard variable rate contract has operated for decades, during which the reasonable assumption has been established that it would generally attract the cost of funds to the bank. The exercise of the currently heightened market power by some banks in increasing rates for existing SVR borrowers would be an abuse contrary to public policy. Second, from the point of view of prudential and consumer regulation, it is possible that the deleterious effect on the mortgage arrears situation, arising from large increases in the SVR, could result in a net worsening of the banks’ prospective profitability, while at the same time adding to the financial difficulty of hard-pressed home owners.

Deputy Gerry Adams: A Cheann Comhairle, the Taoiseach is reading from a document.

The Taoiseach: Deputy Adams is aware that the Government has a number of measures in place already. The Keane report is being analysed. The House is still debating——

Deputy Pearse Doherty: There are no measures in place already.

The Taoiseach: There are some measures in place already.

An Ceann Comhairle: Hold on a minute, please Deputy. 441 Leaders’ 15 November 2011. Questions

Deputy Pearse Doherty: There are commitments in the programme for Government, but——

The Taoiseach: The Keane report has brought forward ten measures. The House is debating that report this week. An implementation group of the Department of Finance is looking at other proposals that are coming before the House. I expect the Minister for Finance to bring back a report on the best proposition some time before Christmas.

Deputy Pearse Doherty: People expect the Government to act on their behalf. They did not elect Matthew Elderfield.

The Taoiseach: I heard the Deputy supporting the euro today.

(Interruptions).

Deputy : Will Deputy Adams comment on the closure of a national school in the North?

The Taoiseach: Deputies are entitled to speak about the Bill mentioned by Deputy Adams. We have 15 speakers in this party yet to speak.

Deputy Ray Butler: What does he think of the closure of a national school in Dunmurry?

(Interruptions).

An Ceann Comhairle: Deputy Butler, please. I would like to state for the record that the Taoiseach or a Minister is entitled to read in order to reply to a point made by a Member. I call on Deputy Higgins. I want a bit of order for the Deputy. We are not short of so-called comedians in here.

Deputy Joe Higgins: Did the Cabinet decide today to close down army barracks in Clonmel, Mullingar, Castlebar and Cavan? What is the rationale for this proposal when there are no savings to the State? For the 600 soldiers and their families, most of whom are workers in uniform as ordinary rank and file members, this will be an enormous ordeal, forcing them to uproot and move to different towns and cities. One can imagine the hardship for younger soldiers with families and mortgages in negative equity. Children will be uprooted from schools and from their extended families and communities. The economic dislocation to the towns concerned, particularly Mullingar, Clonmel and Cavan with around 200 soldiers in each barracks, will be considerable. In Clonmel, PDFORRA esti- mate a loss of €9 million to €10 million per annum to the town’s economy. That is a loss to shops, restaurants, small enterprises and trades and is equivalent to a small size factory or workplace closing down. There are no economic benefits to the State. No savings will be made, because moving the soldiers and their families will mean refurbishment and other extensive costs. What is the point when this is hitting the same domestic economy as the Government’s general austerity policy? There are local campaigns in these towns involving soldiers, their families and friends and the community——

An Ceann Comhairle: Can we have a question?

Deputy Joe Higgins: In Clonmel, Deputy Healy and the Tipperary workers’ group and the United Left Alliance have correctly examined the situation and are absolutely opposed to this. Perhaps the Taoiseach could take a lesson from history in the case of Clonmel. Even Cromwell 442 Leaders’ 15 November 2011. Questions was persuaded not to loose destruction on that particular town, following the opposition of Aodh Dubh Ó Néill, his soldiers and the citizens. Has the Taoiseach lost a soldier of some rank over this in Mullingar today? Has the Minister of State in the Department of the Environment, Heritage and Local Government, Deputy Penrose, tendered his resignation over the closure of these barracks and the dislocation this will cause to families? Has the Taoiseach accepted it?

Deputy Finian McGrath: Man overboard.

Deputy Joe Higgins: Will the Taoiseach reconsider that decision now?

The Taoiseach: I can confirm to the Deputy that the Government has made a decision arising from a report prepared by the Chief of Staff for the Minister for Defence in respect of the closure of the four barracks he mentioned. This is to do with the consolidation of the Defence Forces into fewer locations arising from the evacuation of these four barracks.

Deputy Barry Cowen: Evacuation.

The Taoiseach: In addition to the 515 military personnel, a total of 25 civilian personnel will be transferred to the new locations. I must point out to the Deputy that this is not the same as the job losses at Aviva or TalkTalk——

Deputy Timmy Dooley: Tell that to Deputy O’Dea.

The Taoiseach: ——where there is a resultant move to support from the Department of Social Protection. No job is being lost here——

Deputy Seamus Healy: Nonsense.

Deputy Michael Healy-Rae: Jobs will be lost.

The Taoiseach: ——and there is a transfer of Defence Forces personnel. We are proud of the job they do for this country both nationally and internationally. The fact is that the location of personnel in a large number of places has been a major difficulty in the provision of essential training and in terms of safeguarding the barracks concerned and the additional costs that are imposed thereby. If the Deputy considers the areas in which barracks have closed over the last ten or 15 years, he will see that the economic consequence has not been as he said. Personnel have not moved from areas in which barracks have been closed to receiving barracks and the local economy is still the beneficiary of the wages and salaries of Defence Forces personnel in the area. In response to the Deputy’s last question, I can confirm that I have received, with regret, a letter of resignation from the Minister of State with responsibility for housing, Deputy Penrose.

Deputy Joe Higgins: I am afraid it is similar to the closure of workplaces such as TalkTalk or Aviva, although perhaps not on the same scale. In many cases, families will be obliged to move, as otherwise the personnel involved will be forced to commute for hours every day.

Deputy Shane McEntee: It is not bicycles they are going on.

Deputy Billy Kelleher: What about the stags?

Deputy Timmy Dooley: It will not be on a deer either.

An Ceann Comhairle: Please allow the Deputy to make his point. He has only one minute. 443 Leaders’ 15 November 2011. Questions

Deputy Finian McGrath: Tell that to Deputy Penrose.

Deputy Joe Higgins: I wonder would the Deputy——

An Ceann Comhairle: Do not mind the interruptions, Deputy. Just put your question. Thank you.

Deputy Richard Boyd Barrett: They are the ones who are interrupting.

An Ceann Comhairle: That is what I said. I said, “Do not mind the interruptions”.

Deputy Joe Higgins: It is quite callous for members of Fine Gael to dismiss the concerns of soldiers and their families in this way.

An Ceann Comhairle: Deputy, you are using up your time.

Deputy Joe Higgins: To be forced to change their way of life and commute for three hours a day, which would be the case for some of the soldiers, is an intolerable change in conditions.

An Ceann Comhairle: Could we have the Deputy’s supplementary question?

Deputy Seamus Healy: An hour and a half each way.

Deputy Dara Calleary: Good for the environment.

Deputy Joe Higgins: How can the Taoiseach say that jobs will not be lost when people have to move, and those who provide services in the local economy which are dependent on these people will obviously suffer? It is a major dislocation. What is the rationale? The Taoiseach cannot even argue that there are economic benefits to the closure. Is the resignation of Deputy Penrose giving Fine Gael and the Labour Party pause for thought? Deputy Penrose has been here since my own days in the Labour Party, which is almost longer ago than I can remember. Obviously he has a significant history in the party, and his resignation must be taken seriously. What position does this put the dozens of new Labour Party Deputies in?

Deputy Timmy Dooley: They are in interview mode, I would say.

Deputy Finian McGrath: Looking for a promotion.

Deputy Joe Higgins: Are they prepared to sit here and see soldiers and towns and local economies destroyed in this way? I am asking the Government to reconsider. What is the rationale for the decision when it cannot even use an economic argument?

The Taoiseach: I disagree fundamentally with the Deputy. As I said, Óglaigh na hÉireann, the Irish Army, has been a proud defender of our country both at home and abroad. The savings involved will be of the order of €5 million, with efficiencies of about €1.3 million per year.

Deputy Joe Higgins: And refurbishment.

The Taoiseach: It also means that personnel will be released for operational duties——

Deputy Seamus Healy: Security.

The Taoiseach: ——which are of fundamental importance to the Army. 444 Visit of Scottish 15 November 2011. Delegation

I know Deputy Higgins is speaking for Deputy Healy because he does not allow him to speak as part of that group at all. The proceeds of the sale of the barracks——

Deputy Joe Higgins: That is not true.

Deputy Seamus Healy: What about security?

The Taoiseach: It is like the captain and the private over there. The Deputy does not even allow him to speak in his party, or whatever they call it. The proceeds of the sale of the barracks will be used to fund the upgrading of Defence Forces equipment and infrastructure. For the information of the Deputy, since 1998, ten barracks were closed under two barrack consolidation programmes.

Deputy Dara Calleary: Closed by Fine Gael.

The Taoiseach: A total of €85 million was realised from the disposal of six of those barracks. The proceeds of the sale of these four barracks will go towards investment in infrastructure for the Army. As the Deputy knows, the Government is anxious to maintain the strength of the Army at operational level. I can confirm to the Deputy that a travel expense allowance is payable for nine months to personnel who move to a new barracks, and if they decide to relocate after that there is a relocation expense.

Deputy Michael Healy-Rae: Who said they do not want to relocate?

Deputy Colm Keaveney: If they want to.

The Taoiseach: The vast majority do not do that. For those who do not avail of the travel allowance, the Army supplies transport for its personnel.

Deputy Micheál Martin: So it is cost-neutral?

The Taoiseach: This is part of a whole series of reforms that the Government must undertake in order to rectify the fact that we are spending €18 billion more than we are taking in.

Deputy Joe Higgins: It is not saving anything.

The Taoiseach: There are some difficult decisions to be taken in the time ahead. The Deputy will decry all of them, but believe me, these decisions are made in the best interests of our country.

Deputy Joe Higgins: It is not saving anything. The Taoiseach just said it.

The Taoiseach: I commend the Minister of State, Deputy Penrose, on his activities as Minister of State with responsibility for housing, including making constructive propositions and taking difficult decisions. I can understand any Deputy’s making a decision such as he made. The Cabinet must make decisions; that is our job. The mandate we were given is to sort out the problems of this country and that is what we intend to do.

Deputy Timmy Dooley: It makes no sense. We are swapping one barracks for another.

Visit of Scottish Delegation An Ceann Comhairle: Before proceeding to the Order of Business, I wish on my own behalf and that of the Members of Dáil Éireann to offer a céad míle fáilte, a hundred thousand 445 Ceisteanna— 15 November 2011. Questions (Resumed)

[An Ceann Comhairle.] welcomes, to Mr. Dave Thompson, MSP, convenor of the Standards, Procedures and Public Appointments Committee of the Scottish Parliament, and his delegation. They are all very welcome.

Ceisteanna — Questions (Resumed)

————

Departmental Reviews 1. Deputy Micheál Martin asked the Taoiseach if he has initiated any significant formal reviews of policy areas under his Department. [31041/11]

The Taoiseach: My Department is involved on an ongoing basis in the review and implemen- tation of Government policies in a range of areas through Cabinet committees and other co- ordinating mechanisms. However, I have not commissioned any significant formal policy reviews to be carried out directly by my Department.

An Ceann Comhairle: Could we have a bit of order please? Thank you.

Deputy Micheál Martin: Sorry, what was the last sentence?

The Taoiseach: That was outside the limit even of the sharp hearing of Deputy Martin. The last sentence was “However, I have not commissioned any significant formal policy reviews to be carried out directly by my Department.”

Deputy Micheál Martin: The reason I asked this question was to inquire about the policies outlined in the programme for Government. In particular, has the Taoiseach revised his com- mitment to have his office personally vet all ministerial appointments? We have had a signifi- cant number of appointments to State boards. The Taoiseach indicated that appointments would be made in a new and independent way and that he would personally oversee the implementation of that approach. Not only has this not happened, but the proportion of appointments that are reserved for the politically connected has actually shot up. The Taoiseach made great play of this in advance of the general election and since then, but I have observed an even more concerted programme of personal patronage by Ministers. The Department of the Taoiseach has historically played, and continues to play, a central role in judicial appoint- ments, so the Taoiseach will, I take it, take personal responsibility for the fact that only 5% of appointments so far have not had a direct political connection to the Government. Does the Taoiseach not think there is a need for such a review? He says the Department has not conducted any review, but with regard to appointments to State boards and to the Judiciary, the existing programme for Government and existing policy pronouncements by the Taoiseach himself indicate that he had intended to do something new and different. Has the Taoiseach reversed or revised that policy in any shape or form?

The Taoiseach: No. In fact, to make it even stronger and clearer I am producing a standard- ised approach to appointments. Even the early reforms have been a quantum leap from where we were. There was a situation here for several years whereby no information could be given to anyone because of secret deals signed off between the Government of the day and a number of Independents. One significant change is that chairpersons of State boards will go before Oireachtas commit- tees to discuss their appointments, the criteria they bring and their suitability for appointment 446 Ceisteanna— 15 November 2011. Questions (Resumed) in the first place. As of today, the five chairpersons appointed by the Minister, Deputy Varad- kar, have appeared before the relevant Oireachtas committees to discuss their appointments. Several Departments have made a significant number of appointments. Of 23 appointments made in the Department of Transport, Tourism and Sport, 12 came through the public route. Three of the new appointments made by the Minister for Communications, Energy and Natural Resources are highly qualified people who applied after a call for applications. The Minister for Finance sought expressions of interest for appointments to the board of directors of the recapitalised banks and now has available to him a panel of 30 names of suitably qualified individuals for possible appointment to bank boards. I realise there was some comment in the media to the effect that all Departments were not following the criteria set down. I do not have all the detail but I gather in several of these cases no appointments or few were made by those Departments but I will check this as a matter of interest. The policy we have set out is being enhanced and I will shortly bring before all Ministers a standardised form for the appointment of State board chairpersons and ordinary appointees. As Deputy Martin is aware, any judicial appointments are made by the Government. They arise through the judicial appointments advisory board and are approved on the nomination of the Minister for Justice and Equality.

Deputy Micheál Martin: No one believes any change has taken place with regard to State appointments but I have made my point on the matter. I am somewhat surprised that the Taoiseach stated no formal review of policy has taken place because, as the Taoiseach is aware the Minister, Deputy Quinn, made it clear that he would reverse the increase in the student charge upon coming into office. He signed a specific pledge on the matter. Will the Taoiseach confirm whether the policy on student fees has been reviewed? The Taoiseach stated he would complete a report card on each Minister as a result of the review.

An Ceann Comhairle: These are matters for the Minister for Education and Skills.

Deputy Micheál Martin: How scores the report card in terms of the Minister, Deputy Quinn, and the pledge he has made to students on the student service charge?

The Taoiseach: Deputy Martin raised three issues. He stated there has been no change. I have just pointed out that five of the appointments as chairperson made by the Minister, Deputy Varadkar, have appeared before Oireachtas committees to discuss their suitability and appointments. This is a fundamental major change from what applied before. I am aware that the Minister for Education and Skills is working on several proposals in respect of third level education costs. He has not brought his proposal to Government yet and it is not a matter for me as Taoiseach to reverse something I have not seen. The Minister for Education and Skills will bring forward his proposal in his own time. What was the third point mentioned by Deputy Martin?

Deputy Micheál Martin: It related to report cards. On “The Late Late Show”, the Taoiseach stated there would be a report card for each Minister.

An Ceann Comhairle: These are matters for the Minister for Education and Skills.

The Taoiseach: They are personal to me.

Deputy Micheál Martin: Is the Taoiseach doing them again? 447 Ceisteanna— 15 November 2011. Questions (Resumed)

Deputy Michael Healy-Rae: Will the Taoiseach indicate if we will ever see them?

Deputy Gerry Adams: Will the Taoiseach consider a review of policy on the payment of politicians’ pensions? This year almost €8.8 million of taxpayers money was paid out in pensions for 109 former Ministers, may of whom are still in employment. What steps will the Taoiseach take to tackle this scandal?

The Taoiseach: I have taken decisions on this matter and they have been spelt out by the Minister for Public Expenditure and Reform. They relate to all new entrants, the age at which they can receive pensions, non-payment of severance payments and the capping of pensions. A range of measures in this regard have been taken already by the Government in respect of all new entrants and these will apply from now on.

Programmes for Government 2. Deputy Micheál Martin asked the Taoiseach the position regarding the Cabinet office that was set up to oversee the delivery of the Programme for Government; and if he will make a statement on the matter. [32721/11]

3. Deputy Gerry Adams asked the Taoiseach the progress made in the implementation of the Programme for Government. [34019/11]

4. Deputy Gerry Adams asked the Taoiseach his plans to review the Programme for Govern- ment. [34020/11]

5. Deputy Gerry Adams asked the Taoiseach his plans to bring forward a new Programme for Government. [34021/11]

6. Deputy Gerry Adams asked the Taoiseach if he will provide an update in the work done by his Department in coordinating the work of Government. [34071/11]

7. Deputy Gerry Adams asked the Taoiseach if a Cabinet office has been set up to monitor and oversee the implementation of the Programme for Government; and if he will make a statement on the matter. [34187/11]

The Taoiseach: I propose to take Questions Nos. 2 to 7, inclusive, together. The programme for Government states, “We will reduce the size of the Department of the Taoiseach, transforming it into a Cabinet Office that oversees the delivery of a new Programme for Government”. Arising from this commitment, sections and posts in the Department which had been engaged in work that now comes within the responsibility of the Department of Public Expenditure and Reform have transferred to that Department along with some support staff. The total number of staff that have transferred is 27. A new EU co-ordination division in my Department was also established with personnel from my Department’s existing European Union and international division and from the EU affairs division of the Department of Foreign Affairs and Trade, which relocated to my Depart- ment. Under the new second Secretary General to my Department, the new division supports the Tánaiste in his responsibility for overall co-ordination of European policy, including his membership of the General Affairs Council and it also supports me in my membership of the European Council. In its co-ordination role, the division engages with all Departments on issues on the EU agenda. A new office of the Tánaiste was also set up in my Department, comprising three special advisers and one personal assistant supported by 1.6 whole-time equivalent staff from my 448 Ceisteanna— 15 November 2011. Questions (Resumed)

Department from within existing resources. The office is responsible for co-ordinating support for the Tánaiste in his whole-of-government responsibilities. A new programme for Government office has been established in recent weeks, comprising of two staff from within existing resources. This office is currently in the process of developing a structure which will allow it to monitor programme implementation and to report to me and to the Cabinet on progress across all Departments. There are currently no plans to bring forward a new programme for Government.

Deputy Micheál Martin: I thank the Taoiseach for his reply. The Taoiseach must accept that the commitments made to dramatically and substantially reduce Department of the Taoiseach staffing numbers and to create a smaller cabinet office that would have an overseeing role simply has not happened. The Taoiseach’s Department is, by and large, similar in size now to what it was prior to his taking office. Does the Taoiseach accept this basic truth? Does the Taoiseach accept that the transfer of EU affairs to his office means fundamentally that he will answer all questions relating to EU affairs in future since the EU section is now within his Department? Does the Taoiseach accept that he should not transfer questions and that he should be anxious to answer questions on these issues, especially those related to the forthcoming Presidency of the European Union in 2013? Will the Taoiseach indicate his posi- tion on this matter, especially as the unit is preparing and briefing him on an ongoing basis with regard to European Council summit meetings?

The Taoiseach: Deputy Martin used to ask me if I was going to reduce the Department by one half.

Deputy Micheál Martin: No. That was the Taoiseach’s own commitment.

The Taoiseach: The programme for Government stated it would be reduced and it has been reduced. There are now 179 whole time equivalent staff in the Department of the Taoiseach. I am willing to come before the House, as I have always done, before and after Heads of Government meetings and I am willing to answer questions in respect of meetings of that nature. The co-ordination of European affairs is vested in the Department of the Taoiseach because of its overseeing responsibility. However, the new second Secretary General advises the Tánaiste in respect of his role as Minister for Foreign Affairs and Trade and in respect of his responsibilities toward the General Affairs Council of the European Union. The 4o’clock Minister of State at the Departments of Foreign Affairs and Trade and the Taoiseach with responsibility for European matters chairs the committee dealing with the preparations for the forthcoming Presidency to be held by Ireland in the first half of 2013. As Deputy Martin is aware from his experience, this is a remarkably busy post with technical requirements. It may well be that the Irish Presidency has to make decisions or finalise several important matters that will come to a head in the first half of 2013, including the possibility of finalising CAP reform.

Deputy Gerry Adams: Tá cuig cheist agam agus ba mhaith liom go leor ama. The Taoiseach stated there were no plans to bring forward a new programme for Government. This is very disappointing. Any review of his term so far would show that it has been marked by the number of times he has departed from the programme for Government. The Taoiseach promised to renegotiate the EU-IMF deal and instead he has implemented it. He promised no more blank cheques to banks but a fortnight ago he gave €700 million to unguaranteed bondholders. 449 Ceisteanna— 15 November 2011. Questions (Resumed)

[Deputy Gerry Adams.]

He promised to prioritise job creation in what he described as a jobs budget, yet unemploy- ment today is higher than when he came into power. Why is the Government failing to implement the programme for Government? The Taoiseach said this would be an open Government, that there would be change at the top and an end to cronyism. Yet, a review of Government appointments shows 20 people with affiliations to Fine Gael and the Labour Party have been appointed since it took office. Half of Departments are still not recruiting board members by public advertisements and five of the six judges recently appointed by the Government have political affiliations to Fine Gael or the Labour Party. Sinn Féin launched its pre-budget submission today. I sent a copy to the Office of the Taoiseach and the Minister for Finance. I urge the Taoiseach to consider the proposals. They may provide a better guide on how to get out of the economic recession. When the Taoiseach has read them I ask him to consider reviewing his announcement that he will not introduce a new programme for Government and do just that.

The Taoiseach: Deputy Adams seems to have missed the point that we have renegotiated substantial elements of the Memorandum of Understanding signed off with the troika. The reduction in PRSI and VAT in the hospitality sector, the changes and restructuring made in respect of the banks and the renegotiation, with European consent, of interest rates have brought about a saving of €10 billion for the Irish taxpayer. We never made a commitment to paying blank cheques as was done before. The State has committed to paying such cheques and we have taken an alternative view as how to reduce the overall debt burden. What happened before was that a blank cheque was signed off without knowing what its extent would be. We now know the full extent of it and the Government has to work with European colleagues and everybody else to reduce that. The emphasis has to be on creating jobs. I agree that a figure of over 440,000 unemployed is completely unacceptable but one will not deal with that unless one makes serious decisions about the cost, structure and governance of how business in this country has been run for a very long time. These decisions are not easy. The €18 billion deficit will not go away on its own. It has to be dealt with by reducing costs, growing our indigenous economy and continuing to have a thriving export market such as we have. As the Deputy is aware, in Greece exports account for about 20% of GDP, but here they account for 100% of GDP and the figure is expected to grow strongly next year. The emphasis of the Government has been to meet the immovable budget deficit target of 8.6% of GDP next year and provide an opportunity for jobs to be created and for work to be seen to be rewarded. That means serious decisions must be made in respect of a range areas, such as in the structure of the health system, the methods of social protection and all of the other areas where the cost base has to be examined in order to be reduced. We also need to consider the cost of the entire public sector and the way to stimulate confidence in the indigenous economy. The Deputy wants a new programme for Government. He will not get one. The Government has been in office just over eight months. We are at least entitled to make an effort to implement the programme for Government on which we have agreed. Every aspect of it has not been delivered in detail but I have a long list detailing progress which I could read out for the Deputy if he wishes.

Deputy Gerry Adams: I still want to commend our budget submission to the Taoiseach. If he takes the time to read it he might think it is of some assistance to him. Part of the problem 450 Ceisteanna— 15 November 2011. Questions (Resumed) is that the Taoiseach points out the things Fianna Fáil did wrong and then goes about doing exactly the same things all over again. The Taoiseach is trying to sell a very dead fish and it smells. He needs to be straight with people on these matters. He has only been in office for nine months but he is doing exactly what he blamed the Fianna Fáil and Green Party Govern- ment for doing.

An Ceann Comhairle: I remind the Deputy that this is Questions to An Taoiseach.

Deputy Gerry Adams: I ask the Taoiseach to consider that point and the error of his ways. On the arrangement put in place last week, he said in four years time despite all the fiscal and other adjustments we will make there will still be almost 400,000 people unemployed. That is a signalling failure in advance.

The Taoiseach: I do not agree with the Deputy. We have not done the same things. We live in the land of reality. One cannot move into Government and change the entire country over- night. In times past a blank cheque was signed off to put the full extent of the bank debt onto the sovereign debt, which the citizens of this country have to pay for. Young people do not have the job opportunities I would like to see them have because of that. In order to deal with the scale of the problem we have to reduce the debt burden and change the way the country has been run, including cost structures across a range of areas, which requires political decisions. No matter what one does, politics is always about people and politi- cal decisions affect their lives. From that perspective, when one talks about dead fish, I do not know whether the Deputy is referring to the famous English lord who gave his greatest insult to his mortal enemy by likening him to a rotten mackerel in the moonlight in that they shine and stink. I know the Deputy does not mean it that way but there are difficulties ahead. The Irish people are well capable of dealing with challenges and the Government will work with the people to get through this in order that young people can have a future in their own country if that is what they want.

Deputy Micheál Martin: I have a supplementary question on the Cabinet office which was set up to oversee the delivery of the programme for Government. I ask the Taoiseach to accept no blank cheques were signed by anybody. Everything that was done with regard to engage- ment with the ECB and EU was transparent, brought before the House and with the full knowledge of everybody. In terms of the fundamental pillars of banking, public finances or the four year plan, the Taoiseach has signed up and implemented the programme in broad measure. The major funda- mental change from the situation which pertained nine or 12 months ago, when the various engagements with the ECB and EU took place, has come about by the acknowledgement by the EU heads of state of the Greek default and the utilisation of the EFSF to take on board some of the recapitalisation of banks in France and elsewhere as a result. That is the truth of the situation. We have not availed of the opportunity to press the case for a fundamental change——

An Ceann Comhairle: Can we have a question, Deputy?

Deputy Micheál Martin: ——in our bank debt which should occur in the context of a Euro- pean-wide change in the approach to the restructuring of bank debt and the recapitalisation of banks. The programme for Government needs fundamental review in that context. Just two weeks ago, despite all that the Taoiseach said today, the State paid €700 million to unsecured and unguaranteed bondholders. 451 Ceisteanna— 15 November 2011. Questions (Resumed)

[Deputy Micheál Martin.]

I regret that the Taoiseach is not reviewing the job creation aspects of the programme for Government.

An Ceann Comhairle: Deputy, we do not make statements. You should ask a question.

Deputy Micheál Martin: The provisions for jobs are wholly inadequate. The raid on pensions through the pensions levy was a scandalous decision which needs to be reversed. It was a straightforward raid on the pensions of people in the private sector who never expected it. It has not been allocated to job creation and the Taoiseach needs to own up to that. He has abandoned any commitment——

An Ceann Comhairle: Deputy, we are dealing with Questions to An Taoiseach. Will you please put a question.

Deputy Micheál Martin: ——contained in the programme for a Government and that is why I ask the Cabinet office which is overseeing it to have a fundamental and urgent review of its employment dimension.

The Taoiseach: I have a fundamental difference of opinion with the Deputy. The Govern- ment of which he was part did sign a blank cheque. Minister after Minister came in here during the period in question and said the crisis would cost €6 billion, €7 billion, €14 billion or €20 billion. The fact of the matter is that the previous Government signed a blank cheque and crucified every taxpayer for years to come as a consequence. If one asked Deputy Adams if he would buy a house in west Donegal the first thing he would ask about is the price. Would one put a blank cheque on it? One would not, but that is what the previous Government did with the country. To the eternal shame of the party of which the Deputy is a proud member it signed off on a blank cheque without knowing the scale of——

Deputy Micheál Martin: I am sorry——

An Ceann Comhairle: Deputy, you put a question and now you are getting an answer.

The Taoiseach: ——the debt.

Deputy Micheál Martin: Your party voted for it.

An Ceann Comhairle: Deputy, please.

The Taoiseach: Deputy Martin denies that his Government wrote a blank cheque, but that is what it did, because it did not know the scale of the situation and the outcome. That has crucified everybody in the country.

Deputy Micheál Martin: I do not accept that.

The Taoiseach: When I seek information on what exactly happened in that regard, I cannot find it.

Deputy Micheál Martin: You can.

An Ceann Comhairle: Deputy Martin must address the Taoiseach only through the Chair.

The Taoiseach: No, I cannot find it. The decision was taken in the middle of the night.

Deputy Micheál Martin: It was taken here in the Dáil Chamber. 452 Ceisteanna— 15 November 2011. Questions (Resumed)

The Taoiseach: Deputy Martin’s colleague, Deputy Willie O’Dea, said in the Sunday Inde- pendent the following Sunday that he was responsible for the idea and it was a brilliant one.

Deputy Shane McEntee: True.

Deputy Micheál Martin: The Taoiseach voted for that decision.

A Deputy: The Government did not come into the Chamber with the truth.

The Taoiseach: The evidence given by the Government of which Deputy Martin was a member was that there was a finite limit on this, but there was not. His Government signed a blank cheque. We reviewed and published the capital programme only last week. Some €17 billion will go into capital programmes in the coming years. Against all of the recessionary trends we have still managed to provide clarity in respect of the national children’s hospital, central mental hospital and a range of other necessary activities and infrastructure. I would love to say that all projects will be implemented but that is not possible. One must cut one’s cloth according to one’s measure. That will remain the situation until we get our public finances in order and our country headed in the direction, and to the extent, that we would like. We are not in control of our economic sovereignty. The fundamental reason for that is that somebody wrote a blank cheque without knowing the extent of the problems.

Deputy Micheál Martin: That is not the reason.

(Interruptions).

An Ceann Comhairle: Deputy Richard Boyd Barrett may put a brief supplementary question to the Taoiseach.

Deputy Richard Boyd Barrett: On the fish——

An Ceann Comhairle: We are not talking about fish.

Deputy Richard Boyd Barrett: It was raised in the question.

An Ceann Comhairle: The Deputy should not mind that.

Deputy Richard Boyd Barrett: Does the Taoiseach agree with the saying which an old Jewish socialist comrade of mine used to say, that the fish rots from the head, that is, that responsibility lies at the top? In so far as the Taoiseach has put an emphasis on employment as a priority for this Government, in the programme for Government and in many statements in this House since, does he agree that if we do not make a serious dent in unemployment, of which there is no sign thus far, that he will have failed and that he is responsible? What precisely in the programme for Government or in the policies the Taoiseach has enunciated since will make a serious dent on the unemployment crisis and when will they do so?

An Ceann Comhairle: I have called the Taoiseach.

Deputy Richard Boyd Barrett: I am baffled by the statement the Taoiseach made earlier. Somebody should analyse it.

An Ceann Comhairle: The Deputy must allow the Taoiseach to respond.

Deputy Richard Boyd Barrett: Please, a Cheann Comhairle, I am almost finished. 453 Ceisteanna— 15 November 2011. Questions (Resumed)

An Ceann Comhairle: These are questions tabled by Deputies Gerry Adams and Micheál Martin. I told the Deputy he could make a brief supplementary question.

Deputy Richard Boyd Barrett: This is unbelievable.

An Ceann Comhairle: We do not want another statement.

Deputy Richard Boyd Barrett: I have almost finished my question. The Taoiseach said that reducing costs in the health service — by which I presume he means staff cuts and so on — will improve our competitiveness and is somehow linked to our export recovery. That connec- tion baffles me.

An Ceann Comhairle: Does the Deputy have a question?

Deputy Richard Boyd Barrett: How do cuts in health spending help our competitiveness, improve employment prospects or contribute to export-led recovery? It is a baffling assertion.

Deputy Shane McEntee: The Deputy is clearly not a businessman.

The Taoiseach: The Deputy is becoming expert at listening to his own words. What I said was that we need to change the structure under which services are delivered in our health system, because it is not working as it should. We must reduce the overall cost of the delivery of the public sector. That is why the programme for Government clearly sets out a reduction in personnel of up to 25,000 for the duration of the programme. The Minister for Public Expen- diture and Reform is working with the trade unions, in accordance with the Croke Park agree- ment, to achieve those cost reductions.

Deputy Richard Boyd Barrett: How will that enhance competitiveness and exports?

The Taoiseach: I am glad that the public sector itself recognises what needs to be done and is working in that regard. Any reductions in the overall cost and changes in the structure of the delivery of health services must be focused on the quality of service for the patient and the quality and capacity of front line services. I do not know whether the Deputy wants to under- stand that but that is what involved.

Deputy Richard Boyd Barrett: What does that have to do with exports?

The Taoiseach: The Deputy should not be baffled. I will be happy to give him further information.

Proposed Legislation 8. Deputy Micheál Martin asked the Taoiseach the progress made on the legislation proposed on Cabinet confidentiality; and if he will make a statement on the matter. [32722/11]

9. Deputy Gerry Adams asked the Taoiseach his plans to bring forward legislation on Cabinet confidentiality. [34188/11]

The Taoiseach: I propose to take Questions Nos. 8 and 9 together. The Deputies will be aware that Cabinet confidentiality is provided for in the Constitution. Any consideration of legislation would have to take this into account.

Deputy Micheál Martin: Does the Taoiseach’s reply indicate that he will not be bringing forward legislation on Cabinet confidentiality? There has been an epidemic of leaking of what 454 Ceisteanna— 15 November 2011. Questions (Resumed) is supposedly on the Cabinet’s agenda, in terms of who is doing what. There was a good deal of it this morning, with participants in the Economic Management Council telling journalists how important their proposals are. We even had a leak in regard to the potential resignation of a member of Cabinet. The problem is that while Ministers and advisers can and are willing to leak anonymously, there is no way for anybody here to ask any questions about it. Even in regard to freedom of information, the Taoiseach has taken a fairly aggressive approach of trying to hide the factual material behind many of his public claims. For example, we were denied freedom of infor- mation access to the formula put to the Taoiseach by President Van Rompuy at the European Council meeting last February. We sought that information from both the Office of the Infor- mation Commissioner in this State and its European Union counterpart. The latter indicated that the Government should provide that information but it has refused to do. Has the Taoiseach issued instructions to his Ministers and advisers to respect Cabinet confi- dentiality and, if not, does he intend to do so? It is not good enough that we are being told in this House that we cannot, with due respect to the constitutional provisions in regard to Cabinet confidentiality, ask questions about particular Cabinet sub-committees, yet we hear every day, in the public domain, about what is going on at Cabinet. This information is coming from anonymous sources, either Ministers or advisers. It undermines Parliament and shows a funda- mental disrespect for Parliament.

The Taoiseach: I agree that there should be no breach of Cabinet confidentiality. In the 36 years I have been in this House, I have seen it happen on different occasions, with different taoisigh trying to find out what was going on. I abhor any breach of Cabinet confidentiality. However, there is a big difference between fact and speculation. The media in general are entitled to their views, but I have read nothing in terms of the way the Cabinet conducts its business. I welcome that. People are well aware of the broad range of issues that must be discussed and decided upon by Cabinet at any one time or in due course. I share the Deputy’s view in this regard. I have advised all Ministers, Ministers of State and advisers that they should keep their thoughts to themselves and that the process must move through Cabinet for decision before, in due course, being announced and the rationale behind decisions explained to the public, as is the responsibility and requirement of Government.

Deputy Gerry Adams: Will the Taoiseach repeat his response to Questions Nos. 8 and 9? I did not hear it.

The Taoiseach: The Deputies will be aware that Cabinet confidentiality is provided for in the Constitution. Any consideration of legislation would have to take this into account.

Deputy Gerry Adams: That response leaves me no clearer on the question of proposed legislation on Cabinet confidentiality. In an earlier response on another issue, the Taoiseach said that when he seeks information he cannot find it. I am in the same position. The Govern- ment’s view on Cabinet confidentiality is set out in the programme for Government, which states: “We believe that in recent years an over-powerful Executive has turned the Dáil into an observer of the political process rather than a central player and that this must be changed”. Those are the Taoiseach’s words, not mine. This is particularly important when it comes to the work of the Economic Management Council which is the driving force behind Government policy on the economy and on Europe. Yet we cannot ask questions about its work. I will repeat my question. Will the Taoiseach bring forward proposals in this regard? It would enlighten the debate and allow everybody to participate. Knowledge is power. Will the 455 Ceisteanna— 15 November 2011. Questions (Resumed)

[Deputy Gerry Adams.] Government make proposals to allow greater scrutiny of the work of Government to ensure openness and transparency?

The Taoiseach: That is what this is for. Obviously as an elected Member, Deputy Adams has an absolute right to ask his parliamentary questions and raise issues as he does as the leader of his party. He is aware that the Constitution did not always have an explicit provision on Cabinet confidentiality. Explicit provision was inserted in 1997 following a referendum. The Seventeenth Amendment to the Constitution Bill 1997 was published by the then Government on 1 May 1997 and following the general election was restored to the Order Paper by the incoming Government on 10 September 1997 and subsequently enacted on 14 November 1997. The relevant article is 28.4.3°, which states:

The confidentiality of discussions at meetings of the Government shall be respected in all circumstances save only where the determines that disclosure should be made in respect of a particular matter—

(i) in the interests of the administration of justice by a Court, or

(ii) by virtue of an overriding public interest, pursuant to an application in that behalf by a tribunal appointed by the Government or a Minister of the Government on the auth- ority of the Houses of the Oireachtas to inquire into a matter stated by them to be of public importance.

Clearly, when I say that when I go looking for information in respect of a particular matter that I was discussing with Deputy Martin and there is no information for me to find, either it was never there in the first place or it was done verbally, but the consequences have been quite devastating.

Deputy Gerry Adams: May I ask — it is not really a question, it is more of an appeal——

An Ceann Comhairle: This is Question Time though.

Deputy Gerry Adams: I will put it as a question. Would the Taoiseach please read over the record of that little exchange between us? The Taoiseach should remember when he used to be over here trying to getting information in response to a question such as I asked. I am no clearer.

The Taoiseach: The question was about opening up Government decisions to greater scru- tiny. That is what the House is for.

Deputy Gerry Adams: I asked for the Taoiseach’s plans to introduce legislation on Cabinet confidentiality.

The Taoiseach: When I bring forward that legislation we will debate it here and the Deputy can have his——

Deputy Gerry Adams: Does that mean the Government will bring forward legislation?

The Taoiseach: I will bring it forward in the context of the Article 28.4.3° of the Constitution, which refers to Cabinet confidentiality. I agree with Deputy Martin that it is very important that people would respect what they sign on for and I am quite sure they do. In the general course of events when the public at large know that decisions need to be made on particular issues, speculation always follows, but speculation is different from fact. Fact in this case in 456 Ceisteanna— 15 November 2011. Questions (Resumed) respect of the Cabinet leads to decisions. Those decisions have to be able to be debated here——

Deputy Gerry Adams: Meaningfully.

The Taoiseach: ——and commented upon and agreed with or disagreed with by people elected to the House such as Deputy Adams.

Deputy Micheál Martin: I am somewhat unclear. My question asked about the progress made on the legislation proposed on Cabinet confidentiality. The Taoiseach proposed that he would change the situation on Cabinet confidentiality. He was very critical of what he may have perceived to have been excessive Cabinet confidentiality up to now. However, he is not clearly saying here that he will bring forward legislation to change the status quo on Cabinet confiden- tiality. Following the commitment to bring in legislation on this, is legislation being prepared? Is the Government bringing forward legislative change on the issue of Cabinet confidentiality or, beyond that, is it contemplating change to the constitutional provision on Cabinet confi- dentiality?

The Taoiseach: I hope to have discussion shortly with the Deputy and the other leaders about the constitutional convention. Obviously an issue of legislation in respect of confidentiality is a matter that could be considered by the constitutional convention. I have not advanced work to finality on this issue but any legislation that comes forward here will be in the context of Article 28.4.3°. I do not contemplate a referendum on this, but the constitutional convention might like to reflect on the requirement for Cabinet confidentiality except in the cases where the Constitution dictates that it should be breached or that information of public interest or on the direction of the High Court or in respect of a public inquiry authorised by the Houses of the Oireachtas should require that particular information should be made available.

Deputy Micheál Martin: Is legislation being prepared now?

The Taoiseach: Not now, no.

Official Engagements 10. Deputy Micheál Martin asked the Taoiseach if he has met the social partners recently; the items that were discussed; the outcome of same; and if he will make a statement on the matter. [32725/11]

11. Deputy Gerry Adams asked the Taoiseach if he will report on the process of social dialogue that he has commenced with the social partners. [34022/11]

12. Deputy Gerry Adams asked the Taoiseach if he will report on recent meetings he has held with the social partners; and if he will make a statement on the matter. [34189/11]

The Taoiseach: I propose to take Questions Nos. 10 to 12, inclusive, together. I have stated on several occasions since taking office that the Government values dialogue with key representatives of civil society. The Government recognises the contribution that social dialogue can make to maximising common understanding across all sectors of society as we respond to the many challenges facing the country. In October, the Tánaiste and I stated our intention to meet representatives of lead organis- ations over the coming weeks and months. In this regard the Tánaiste and I met representatives of ICTU on 2 November and we met representatives of the IFA yesterday. I have also arranged 457 Ceisteanna— 15 November 2011. Questions (Resumed)

[The Taoiseach.] to meet representatives of IBEC next week, and I plan to address the ICMSA annual general meeting on Saturday. These meetings are an opportunity for a discussion of broad economic issues and the challenges facing our country in the period ahead, as well as the specific decisions which we face in the context of the 2012 budgetary process. We also highlighted our support for ongoing bilateral engagement with relevant Ministers on issues of mutual concern, as well as the value of the National Economic and Social Council as a forum for engagement with Government on economic, social and environmental issues. The Tánaiste and I plan to attend a plenary session of the council each year. The Government’s approach to social dialogue does not amount to a return to rigid social partnership structures of the past, but rather involves a more flexible, adaptable approach which can support change. My intention is that senior Ministers, including the Tánaiste and I, will continue to meet representatives of social partner organisations on a periodic basis to discuss matters of mutual concern.

Deputy Micheál Martin: I thank the Taoiseach for his response. I note the meetings that have taken place. The Croke Park agreement is another area in which the Government is claiming credit even though the Government parties originally bitterly opposed it. The act of the Minister, Deputy Howlin, as the great reformer is not fooling anybody. Does the Taoiseach agree that public servants have made a significant contribution to progress on the public finances and that this should be acknowledged more widely? Does he envisage additional contributions over and above the Croke Park agreement in the context of the forthcoming budget and the public finances?

The Taoiseach: The Deputy is aware that the Croke Park agreement is an essential part of the troika and from that point of view the Government has made it clear that it wishes to honour the commitment given in the agreement. That is only possible if the agreement is implemented in full. I compliment those involved on the efforts in stretching the parameters of the agreement in order to bring about meeting the full conditions set out here. The report of the implementation body published on 15 June shows that solid and measurable progress has been made, which is welcome. It also points out that more urgency and ambition is needed in the period ahead. The Government accepts that assessment. I was pleased that the OECD included a positive assessment of the agreement in its economic survey of Ireland. Obviously there is enormous pressure to cut expenditure significantly and to ensure that the public is leaner and more effective, and delivers services for the people in the best way possible. It is a case of achievements having been made, but clearly an intensified level of effort and engagement from all concerned, both public service management and unions will be needed in the coming months. The Minister for Public Expenditure and Reform has been in constant contact with the trade unions in respect of the Croke Park agreement. Further significant reductions in public expenditure and the number of public servants will need to be achieved in the months ahead. That is when we will learn of the real potential of the Croke Park agreement in enabling and facilitating fundamental reforms on the scale clearly necessary to do more with less and maintain critical front-line services to the greatest extent possible. A great deal has been undertaken and I realise the pressure that many are under. However, it must be implemented in full because it is part of the agreement.

An Ceann Comhairle: I call Deputy Adams.

Deputy Micheál Martin: May I ask——

An Ceann Comhairle: I will come back to Deputy Martin. 458 Ceisteanna— 15 November 2011. Questions (Resumed)

Deputy Gerry Adams: In the discussions in which the Taoiseach and Tánaiste engaged, was there any discussion of the temporary agency workers directive? If so, will the Taoiseach out- line the detail in that regard and say if the Government will be seeking a derogation or if full effect is to be given to the directive? Perhaps the Taoiseach will say also if the issue of legis- lation to deal with the joint labour committees was discussed. The Taoiseach met during the election campaign with some of the workers involved and will be aware such legislation is of vital importance to the rights of workers and that Sinn Féin has already introduced legislation to deal with this matter. If negotiations are currently underway at what stage are they and when does the Taoiseach expect the legislation to be introduced? Also, are there difficulties between the two Government parties on this issue? Will it be the Labour Party’s way or Minister Bruton’s way? Perhaps the Taoiseach will outline the detail of all the issues which formed part of that dialogue.

The Taoiseach: There are no difficulties between the parties in Government. The Minister for Jobs, Enterprise and Innovation, Deputy Bruton, is dealing with his responsibilities and will bring forth legislation in due course. As regards the temporary agency workers directive, transposition of the directive is the responsibility of the Minister for Jobs, Enterprise and Innovation, Deputy Burton, who is actively seeking to ensure it is transposed in a manner that respects the employment rights of agency workers while safeguarding the labour market flexi- bility which Ireland must maintain so as to maximise opportunity and not put us at a competi- tive disadvantage. This matter was discussed with the trade unions. The Minister, Deputy Bruton, has contacted ICTU and IBEC with a view to their exploring the possibility of agree- ment being reached between the national social partners on the derogation available under the EU directive, which would allow member states to fix the qualifying period before which equal treatment of pay and employment conditions would apply. I understand that ICTU has strong reservations and sees no reason to set aside the rights of agency workers to allow for a short qualifying period as, in its view, Government has not to date delivered on issues that are close to Congress, including legislation on the joint labour committee system and collective bargaining. I have appealed to Congress, in the interests of the general good and so as to not in any way put in jeopardy the jobs agenda, to set aside its reservations and see its way to agreeing a 12 week derogation period under the directive, at least for an initial period of 18-24 months, after which progress made on the issues of importance to Congress could be reviewed. The Deputy will be aware that it is hugely important that Ireland can at least avail of the same 12 week derogation period as will apply in the UK. Otherwise we face losing serious competitive advan- tage on a number of fronts relative to our closest trading partner. These include being a more expensive place in which to do business from the point of view of employing agency workers, a drop in our attractiveness in terms of the score card for securing new foreign direct investment projects in that we would lose points in terms of labour market flexibility that is vital in terms of retaining the multinational sector and a negative impact on the ability of our indigenous companies to grow exports and employment if the possibility of hiring agency workers, even for short-term contracts to meet seasonal needs or production peaks, is effectively costed out of existence. They are the issues we discussed regarding the directive in respect of which the Minister, Deputy Bruton, will shortly bring forth legislation.

Deputy Gerry Adams: Does the Taoiseach have the support of the Labour Party in his efforts to persuade ICTU to swallow its reservations?

459 Ceisteanna— 15 November 2011. Questions (Resumed)

The Taoiseach: It is not a case of swallowing reservations, rather it is a case of making decisions in the best interests of creating an environment in which jobs can flourish and where workers’ rights can be respected.

Deputy Gerry Adams: Does the Taoiseach have the support of the Labour Party?

The Taoiseach: Yes.

Deputy Micheál Martin: There has been a substantial reduction in public servant numbers from 2008 onwards. However, the Government intends to go beyond the numbers achieved up to end 2010 and to seek a further reduction of 25,000. Perhaps the Taoiseach will clarify if that remains the Government’s intention and if that matter was discussed with ICTU and representatives of the public service unions. On the temporary agency workers directive, there has been much discussion and talk about jobs and so on. The so-called jobs initiative was farcical. It literally took money from pensioners but was not allocated to job creation. The directive on agency workers is fundamental and could have a significant impact on thousands of jobs in our economy. My understanding is that it must be transposed by 6 December. Despite that date being only a few short weeks away, we have had no sight of any proposals in regard to that directive. It is simply slipping by with no one paying it any attention. There has been no substantive public debate on this directive which affects thousands of jobs, which calls into question whether people are paying lip-service to jobs.

An Ceann Comhairle: A question, please.

Deputy Micheál Martin: Perhaps the Government will set aside time in the House next week for discussion on the directive so Members can articulate their views on it and the social partners can hear what a broad representative sample of the House have to say on it and its impact on jobs and unemployment. A criticism which the Taoiseach would have levelled when on this side of the House, with some validity, was that the social partnership process excluded parliamentarians and politicians from influencing in a broader way the outcomes of that social dialogue. The Government has entered into a new phase of social dialogue. The Taoiseach has con- firmed that he has had discussions with ICTU with a view to persuading it to agree to a derogation of 12 weeks. Earliest indications from Great Britain are that implementation of the directive there has impacted negatively on jobs. In other words, 25% fewer jobs than prior to implementation of the directive are now available to agency workers. I believe it has incredible implications for foreign direct investment——

Deputy Willie O’Dea: Hear, hear.

Deputy Micheál Martin: ——and for the multinational companies here which employ large numbers of people seasonally, in particular leading up to Christmas, in the area of consumer and technology products and in a range of other areas. I do not wish to name any companies. However, they do employ substantive numbers of people and have done in recent years owing to their success in terms of the products they have developed. There is a balance to be struck here. I ask that the Government allow time in the House for discussion on the directive. This would allow spokespersons of the various parties to put forward their perspectives on the issue.

460 Ceisteanna— 15 November 2011. Questions (Resumed)

The Taoiseach: This is an important matter. Every job we can create is of vital importance. The discussions we had with ICTU were pragmatic and there was understanding on both sides. The views outlined by me earlier for the Deputy were put forward, including the attractiveness of this country for foreign direct investment. We do not want to put ourselves at a competitive disadvantage to our nearest neighbour. Obviously, an issue arises in respect of a derogation period. That matter is of critical importance. The joint labour committee and employment regulation orders issue must also be discussed. I can assure the Deputy that the Minister, Deputy Bruton, is working hard on this issue. While I would prefer that the legislation to be introduced by the Minister were debated in the House, I will put Deputy Martin’s proposal at the Whips’ meeting and in the event of the legislation not being available in the next week or two I will not object to the House discussing the directive. While in normal circumstances 40 pieces of legislation would be produced and published during a calendar year, owing to the conditions of the troika 30 pieces of legislation have had to be produced and published this session. The Attorney General’s office has been under enormous pressure producing all the relevant legislation. I can confirm to the House that the Minister, Deputy Bruton, is working hard on the relevant legislation. As soon as it is ready, it will be cleared by Cabinet and brought before the House for discussion.

Deputy Micheál Martin: What happens if the Government does not meet the EU deadline? I am only seeking a debate on the directive. As I understand it, there must be agreement between the social partners before the Minister can proceed with the derogation. The Govern- ment could, therefore, be in a stalemate situation by 5 December and the directive would then by default come into play. There is a legitimacy in saying that the parliament needs to be aware of this and needs the opportunity to debate it in advance of that situation arriving as a fait accompli on our doorsteps. I ask that the Taoiseach give urgent consideration to allowing a general debate on the directive, at which time Members can put forward their perspectives.

An Ceann Comhairle: The Taoiseach has already answered that question.

The Taoiseach: It is hoped that an agreement can be arrived at and that we can proceed with debating the legislation. The up-to-date position will become clear in the course of this week. I will speak to the Chief Whip about the possibility of a debate at some stage next week. I have no objection to such a debate and it is not a bad suggestion.

Job Creation 13. Deputy Micheál Martin asked the Taoiseach the meetings he has attended at Cabinet sub committee and or at official level on job creation. [32727/11]

14. Deputy Gerry Adams asked the Taoiseach the meetings he has attended in relation to the issue of job creation. [34190/11]

The Taoiseach: I propose to take Questions Nos. 13 and 14 together. Job creation is a key priority for the Government and is a central focus of my work and that of my ministerial colleagues and the State agencies. In my role as Taoiseach, I attend meetings related to jobs and job creation on an ongoing basis as part of my engagements at home and abroad. I also chair the Cabinet committee on economic recovery and jobs which has met on three occasions to date and is due to meet again on Thursday. Job creation is also an important part of the mandate of other Cabinet committees, including the Cabinet committee on econ- omic infrastructure, which has met five times to date. 461 Ceisteanna— 15 November 2011. Questions (Resumed)

Deputy Micheál Martin: I tabled this question because the unemployment situation is, with- out question, the most important issue facing the Irish people. The domestic economy is extremely flat and it is calling out for fresh initiatives and new ideas on how new opportunities can be created for people who are unemployed and for the many young people coming out of the colleges. The House has just discussed the temporary agency directive, which is critical for employment creation and for employment retention. I am concerned at the lack of urgency and also at the lack of public debate with regard to this issue. I note the Taoiseach has indicated he will give consideration to such a debate. The jobs initiative has proved to be a damp squib in its impact. I ask the Taoiseach to indicate whether at the meetings he has attended he has considered a review of the initiative and in particular a review of the pension levy which was a raid on pensioners, supposedly to fund job creation. We have learned from parliamentary questions and replies to same that the funds raised from the pensioners has not been used for job creation at all and that a large bulk of it has remained, essentially, unspent on job creation projects. There is a dearth of any fresh or radical approach to job creation. Despite the number of Cabinet sub-committee meetings and official meetings attended by the Taoiseach, there seems to be little in the way of real substantive initiatives for job creation. The Taoiseach referred earlier to the capital programme which has been cut back by €750 million. This will result in thousands of jobs being lost which otherwise would have been created if he had looked differently at how he would meet the fiscal adjustment target of 8.6% of GDP. He has gone for what I would call the soft options politically. It is clear there are tensions within the Cabinet about the most basic of issues and that there is no agreement about a budgetary framework to meet the targets.

An Ceann Comhairle: Could the Deputy ask a question, please?

Deputy Micheál Martin: This suggests to me that the focus on job creation is being lost as a result——

An Ceann Comhairle: Deputy Adams has a question.

Deputy Micheál Martin: ——and hence there is an excessive focus on issues like capital spending which can make a fundamental difference to the productive capacity of the economy and create jobs.

The Taoiseach: There is no question in anyone’s mind that the most important legacy of any Government is its capacity to create jobs and work, to get people off the dole and into employ- ment. Work is a source of dignity and respect for people. It provides a challenge and a motiv- ation for them to get up in the morning to go to work and to contribute to their own local economy, their parish, their town, their county and their country. One of the big issues raised when I meet business people all over the country has been the question of lack of access to credit and lack of availability of credit. For this reason we called in the banks last week to discuss this question and to hear from the two pillar banks whether they can meet their targets of lending €3 billion each this year. It transpires that elements of that €3 billion are restructured loans and new finance. The Minister for Enterprise, Jobs and Innovation, is at the point of being able to bring forward his proposals in respect of a microfinance agency and legislation for partial loan guarantee schemes. The pension levy, to which the Deputy referred, is a temporary levy in respect of which the pensions industry could well absorb the cost involved. That money has been channelled into the reduction of PRSI for particularly lower paid workers and for VAT 462 Ceisteanna— 15 November 2011. Questions (Resumed) reductions in the hospitality sector. The latest report clearly indicates that the VAT reduction had a direct impact on the rising number of tourists, which in turn has a beneficial effect on local economies. From that perspective, we will continue to look at imaginative ways of stimulating the indigenous economy. For example, the short-term visa waiver programme now applies to 14 nationalities who would ordinarily require a visa to enter the State and there has been great interest in this programme. Approximately 1,000 jobs will be created by capital injection towards the rehabilitation of local and national roads. An extensive retrofitting energy scheme has the capacity for significant employment. The Government will provide €30 million for school works in addition to €41 million already provided for the schools summer works scheme. This will support 2,400 direct jobs and almost 500 indirect jobs during the period of the works. I want to see a real jobs strategy. The Minister of State, Deputy John Perry, and the Minister, Deputy Bruton will, along with the budget, focus on a jobs strategy to get the country working. We all want to see the creation of opportunities and to get people off the dole.

Deputy Gerry Adams: I agree with everything the Taoiseach said in his opening remarks. There is no more important part of the legacy of a Government than to have created jobs. By his own admission, at the end of his Government’s four year austerity programme, there will be almost as many people still unemployed as there are now. This is the biggest crisis facing the State. Can the idea of a substantive jobs stimulus not find favour with the Government? One of Sinn Féin’s propositions in its pre-budget submission is to take money from the National Pensions Reserve Fund and from the European Central Bank and to use it for the creation of new jobs and the retention of existing jobs. I commend this proposition to the Taoiseach as one way of getting people back to work, growing the economy, bringing back confidence and giving people the dignity they require.

The Taoiseach: Of course it would be lovely to say we will provide a major financial stimulus for the lifting of the indigenous economy. The Deputy realises at long last that we are not in control of our economic destiny here because the paymaster general is in the corner——

Deputy Gerry Adams: I have known it all my life.

The Taoiseach: The Deputy has his own view about the whole European business. Deputy Martin referred to capital works. If I were to say we plan to increase income tax by 5% or 6% to pay for these projects, this would increase both taxes and debt but this is not the way to go. There must be a balance between achieving the fiscal adjustment target of 8.6% of GDP on the one hand and re-focusing our attention on cutting out red tape and administrative blockages so that all the effort goes into releasing the opportunity for people to create work. Across the country there are many examples of small businesses, entrepreneurs and young people who have new and creative ideas and businesses. Even if these businesses only employ a small number, confidence will be grow. The Government will provide microfinance credit opportunities and there will be a reduction in red tape and bureaucracy which applies. For instance, many LEADER groups have told me they have money in their funds but the associ- ated red tape and bureaucracy makes it impossible to access it. The system will have to be simplified so that entrepreneurs or young people with ideas will be given the opportunity to give it a go.

An Ceann Comhairle: I apologise to Deputy Adams but we are over time.

Written Answers follow Adjournment. 463 Order of 15 November 2011. Business.

Termination of Ministerial Appointment: Announcement by Taoiseach The Taoiseach: I am required to read the following into the record of the House. For the information of the Dáil, I wish to announce that today I accepted the resignation of Deputy Willie Penrose as Minister of State at the Department of the Environment, Community and Local Government. I thank Deputy Penrose for his efforts as Minister of State with responsi- bility for housing.

Order of Business. The Taoiseach: It is proposed to take No. 11, motion to rescind the Order of Referral of Access to the Central Treasury Funds (Commission for Energy Regulation) Bill 2011[Seanad] to the Select Sub-committee on Communications, Energy and Natural Resources; No. 1, Dor- mant Accounts (Amendment) Bill 2011 [Seanad] — Second Stage; and No. 14 — statements on the report by the interdepartmental working group on mortgage arrears (resumed). It is proposed, notwithstanding anything in Standing Orders, that No. 11 shall be decided without debate. Private Members’ business shall be No. 36, motion re mental health services.

An Ceann Comhairle: Is the proposal for dealing with No. 11, without debate, agreed to? Agreed.

Deputy Micheál Martin: I was somewhat surprised by the Taoiseach’s confirmation of the resignation of the Minister of State, Deputy Willie Penrose. On a personal level, I got on very well with the Deputy over the years. Will the Taoiseach outline to the House the reasons the Minister of State resigned and the implications of this for the implementation of legislation already committed to, in particular that relating to housing and the regeneration programme in Limerick?

Deputy Paul Kehoe: That was agreed during the last Government.

Deputy Micheál Martin: Does this resignation confirm the closure of the four barracks, in Mullingar, Cavan, Clonmel and Castlebar? When does the Taoiseach anticipate replacing the Minister of State? Will he outline any implications for the programme for Government? This is the second resignation from Government parties this year. Does the Taoiseach anticipate any further resignations before the end of the year?

An Ceann Comhairle: We are on the Order of Business now, discussing promised legislation.

The Taoiseach: As I did already, I can confirm to Deputy Martin that the Government has made its decision in respect of the four barracks he mentioned. Those closures will become effective from the end of March 2012. Every Member of the House is entitled to make his or her decision in his or her own way in regard to continued representation as either 5o’clock a member of Government, or of any party, and I respect that absolutely. It is always disappointing to lose a member of Government. I commended Deputy Penrose on his activities in pursuit of his housing responsibilities as Minister of State. He introduced a number of constructive proposals which are working well. In due course the Government will make an appointment as his successor.

Deputy Micheál Martin: Was any effort made to prevent the resignation?

An Ceann Comhairle: I am sorry, Deputy, that matter is not on the Order of Business.

Deputy Micheál Martin: It seems extraordinary this is happening, given the enormity of events—— 464 Order of 15 November 2011. Business.

An Ceann Comhairle: I am sorry, Taoiseach. Deputy Martin is out of order. I call Deputy Adams.

Deputy Gerry Adams: I, too, commend Deputy Penrose on his work as Minister of State and his long service to the Labour Party. I commend his action to other Labour Party Ministers at this time. I have two questions. We applied through the Whips to get more time to debate the cuts in capital programmes that were announced last week. Will the Taoiseach encourage his Whip to state whether more time can be allocated to debate this issue? The programme for Government contains a commitment to provide for the right to collective bargaining. When will this legis- lation be introduced? This issue arose during earlier questions. Without such protections trade unions cannot act as they need to in order to protect terms and conditions of employment and resist the downward pressure on wages.

The Taoiseach: Opening statements on the capital programme will be introduced tomorrow, followed by a 45-minute question and answer session. The matter will be slotted again next week in the House. Deputy Adams and his fellow party members will have plenty of oppor- tunity to have their say.

Deputy Gerry Adams: What about the legislation on collective bargaining?

The Taoiseach: I do not have detail on that. I will advise the Deputy.

Deputy Sean Fleming: This afternoon the Government announced its decision to close St. Brigid’s Hospital, Shaen, Portlaoise. This follows a decision two weeks ago to close Abbeyleix Hospital.

An Ceann Comhairle: Is this for the Order of Business?

Deputy Sean Fleming: It is very relevant to what Government business should be in the House today. It announced the closure of two hospitals in County Laois over two weeks. Two weeks ago, the Minister for Health came to the House.

An Ceann Comhairle: Deputy, you are out of order. Please resume your seat. This is not for the Order of Business but for a parliamentary question.

Deputy Sean Fleming: We all know the Minister stood down the board of the HSE——

An Ceann Comhairle: I call Deputy McConalogue. Deputy Fleming should table a parliamentary question.

Deputy Sean Fleming: The reason I raise this——

An Ceann Comhairle: Deputy Fleming, you are out of order.

Deputy Sean Fleming: The reason I raise this matter is that I followed the Ceann Comhairle’s advice and tabled the matter of the closure of the hospital in Abbeyleix as a topical issue two weeks ago. The Minister came to the House but did no more than read out the statement of the HSE. I asked him for further information.

An Ceann Comhairle: Thank you, Deputy. You will get a reply then. Please resume your seat.

Deputy Sean Fleming: I tabled a question seeking the facts regarding documentation on the closure of the hospital in Abbeyleix and am awaiting a reply. 465 Order of 15 November 2011. Business.

An Ceann Comhairle: There you are. You have asked a parliamentary question. What are we all getting excited about?

Deputy Sean Fleming: The parliamentary procedure has not operated satisfactorily. The decision announced today——

An Ceann Comhairle: I am sorry, Deputy. Please resume your seat.

Deputy Sean Fleming: ——is a ministerial decision not a HSE decision.

An Ceann Comhairle: Please respect the Chair and resume your seat.

Deputy Sean Fleming: It is not a decision of the board of the HSE. These decisions have gone directly——

An Ceann Comhairle: Deputy Fleming, I am on my feet.

Deputy Sean Fleming: These decisions have been made directly on the matter and the Mini- ster has taken it on himself——

An Ceann Comhairle: I am not going to throw you out because that is what you are looking for. Please resume your seat.

Deputy Sean Fleming: I tabled a question for written answer today——

An Ceann Comhairle: Deputy Fleming, please resume your seat.

(Interruptions).

Deputy Sean Fleming: A Cheann Comhairle, what is the point in my tabling the question for written answer today?

An Ceann Comhairle: Deputy Fleming, you are totally out of order. Resume your seat, please.

(Interruptions).

Deputy Sean Fleming: I want the Minister to come into the House.

An Ceann Comhairle: I suspend the House for five minutes.

Sitting suspended at 4.57 p.m. and resumed at 5.03 p.m.

An Ceann Comhairle: I wish to put on the record that it is 30 years since I was elected to the Dáil. I have never in 30 years seen such behaviour, including——

Deputies: Hear, hear.

An Ceann Comhairle: ——total disrespect for the institution of the Chair.

Deputy Sean Fleming: A Cheann Comhairle, I concur with that.

Deputy Colm Keaveney: Apologise.

Deputy Sean Fleming: I have been in this Chamber for 14 years. 466 Order of 15 November 2011. Business.

An Ceann Comhairle: I want to say I find it absolutely objectionable that the leader of your party will not tell you to resume your seat and stop disobeying the orders of the Chair.

Deputy Sean Fleming: I have never before had to take to my feet to seek the attention of the House in this manner.

An Ceann Comhairle: I do not find it funny. I will keep suspending the House.

Deputy Sean Fleming: There has never before been a situation where two hospitals in one county were closed in the space of two weeks——

An Ceann Comhairle: Especially as we are now live on television——

Deputy Sean Fleming: ——without any public statement and without the Minister coming in here to explain his thinking.

Deputy Michael McCarthy: The Deputy should have some respect.

Deputy Sean Fleming: It is not a HSE decision.

An Ceann Comhairle: ——and the people can see exactly what is going on——

Deputy Sean Fleming: Elderly people are frightened in their beds tonight in Shaen Hospital and in Abbeyleix.

Deputy Arthur Spring: Have some respect for the Chair.

An Ceann Comhairle: If this is the behaviour of the Fianna Fáil Party, I regret it very much.

Deputy Sean Fleming: The distress this is causing to the staff and the families of people who are severely ill——

Deputy Bernard J. Durkan: The Deputy should raise it on the Adjournment.

An Ceann Comhairle: Is Deputy McConalogue going to speak? No.

Deputy Sean Fleming: People in Shaen Hospital were shocked to hear this news this evening.

Deputy Arthur Spring: Shame on you.

Deputy Colm Keaveney: Reprehensible.

An Ceann Comhairle: I call Deputy Boyd Barrett.

Deputy Sean Fleming: This is on top of an earlier situation.

An Ceann Comhairle: Just ignore him Deputy, please.

Deputy Richard Boyd Barrett: Chair, I——

Deputy Sean Fleming: I refer to what happened in Abbeyleix two weeks ago.

An Ceann Comhairle: Do not mind him.

Deputy Sean Fleming: The Minister has decided to introduce a new policy——

An Ceann Comhairle: I call Deputy Boyd Barrett. 467 Order of 15 November 2011. Business.

Deputy Sean Fleming: ——of privatising district hospitals.

An Ceann Comhairle: I ask Deputy Martin in the interests of democracy to ask his colleague to resume his seat.

Deputy Micheál Martin: I am not chairing the Dáil.

Deputy Sean Fleming: This is not a matter for any Member other than the Deputies rep- resenting Laois-Offaly.

An Ceann Comhairle: I ask Deputy Boyd Barrett not to mind——

Deputy Sean Fleming: This affects our constituency.

An Ceann Comhairle: His microphone is not on. He is not being recorded.

Deputy Sean Fleming: I will not be asked by any intermediary from anywhere else——

An Ceann Comhairle: He is wasting his breath.

Deputy Sean Fleming: I fully respect the position of my party leader, as he respects the position of those who have been democratically elected.

An Ceann Comhairle: I call Deputy Durkan.

Deputy Paul Kehoe: Go on.

Deputy Sean Fleming: If I had an opportunity——

Deputy Bernard J. Durkan: On promised legislation, a Cheann Comhairle——

An Ceann Comhairle: Yes, thank you.

Deputy Sean Fleming: ——I would have raised this issue by means of a parliamentary ques- tion here on the floor.

Deputy Bernard J. Durkan: Could I ask, on promised legislation——

Deputy Sean Fleming: I had the situation in relation to Shaen Hospital on the Order Paper here today.

Deputy Bernard J. Durkan: ——the present whereabouts and progress in relation to the mental capacity Bill?

Deputy Sean Fleming: I raised the situation in relation to Abbeyleix Hospital during Topical Issues a couple of weeks ago.

An Ceann Comhairle: I call the Taoiseach on the mental capacity Bill.

Deputy Sean Fleming: I did not receive a satisfactory response from the Minister.

The Taoiseach: I answered that last week, a Cheann Comhairle.

Deputy Sean Fleming: The Ceann Comhairle has asked me to use an appropriate mechanism to raise this issue.

The Taoiseach: It will be introduced early next year. 468 Order of 15 November 2011. Business.

Deputy Sean Fleming: He said I should do so by means of parliamentary question or during Topical Issues.

Deputy Bernard J. Durkan: I would like to mention two other items.

Deputy Sean Fleming: I have exhausted every procedure available to me in the House.

Deputy Arthur Spring: The Deputy should be apologising for making a mess of the country.

Deputy Sean Fleming: I was elected to represent the people of the constituency of Laois- Offaly.

Deputy Bernard J. Durkan: The consumer and competition Bill has been promised for early next year.

Deputy Sean Fleming: I have on every occasion abided by the rules of the House.

Deputy Bernard J. Durkan: Can I have some indication of whether the heads have been approved?

Deputy Sean Fleming: I raised this matter by means of parliamentary question last week.

Deputy Ciarán Lynch: Deputy Dooley should give him a push.

Deputy Sean Fleming: I have two questions on the Order Paper for written response today.

Deputy Bernard J. Durkan: Is it progressing in a satisfactory fashion?

Deputy Paul Kehoe: Keep going.

Deputy Sean Fleming: The Minister is not even here. I want to know why the Minister made this decision.

Deputy Bernard J. Durkan: There is one other Bill.

Deputy Sean Fleming: Was this agreed at Cabinet level? Was the decision made by the Minister personally?

Deputy Bernard J. Durkan: I have mentioned the companies Bill many times.

Deputy Sean Fleming: Was it approved by all the Ministers in the Department?

Deputy Bernard J. Durkan: It is a very extensive proposal.

Deputy Sean Fleming: Are the people in charge of elderly care responsible for this decision?

Deputy Bernard J. Durkan: Could I ask the Taoiseach to give some indication of the extent to which its progress has been further expedited?

Deputy Sean Fleming: This is not a matter for HSE management. The Minister personally stood down the board of the HSE.

Deputy Bernard J. Durkan: When might we expect to see it appear before the House?

Deputy Sean Fleming: He asked all of them to resign their seats on the board of the HSE.

The Taoiseach: The consumer Bill will be introduced early next year. 469 Order of 15 November 2011. Business.

Deputy Sean Fleming: He said he would be personally responsible for all decisions in relation to health matters.

The Taoiseach: The companies Bill will be introduced in the middle of next year. There are 1,200 sections in that Bill.

Deputy Sean Fleming: He said he would make hands-on decisions in relation to hospitals and health care.

An Ceann Comhairle: I call Deputy Mattie McGrath.

Deputy Sean Fleming: I want the Minister to answer questions here today——

An Ceann Comhairle: Is Deputy McGrath not ready to speak?

Deputy Mattie McGrath: I am.

Deputy Sean Fleming: ——about the closure of two hospitals in two weeks.

Deputy Mattie McGrath: I cannot hear.

An Ceann Comhairle: I ask Deputy McGrath to put his question.

Deputy Mattie McGrath: I cannot hear you.

Deputy Sean Fleming: The Minister should be here.

An Ceann Comhairle: Put your question. I can hear you.

Deputy Mattie McGrath: You can hear me.

An Ceann Comhairle: Yes.

Deputy Sean Fleming: I have a right to raise issues that relate to my constituency.

Deputy Mattie McGrath: I want to ask the Government what legislation it is using to close down the whole country.

Deputy Sean Fleming: I will do so on behalf of elderly people in County Laois——

Deputy Mattie McGrath: It is shutting two hospitals in Portlaoise.

Deputy Sean Fleming: ——and elderly people throughout the country.

Deputy Mattie McGrath: It is closing a barracks and a hospital in Clonmel.

An Ceann Comhairle: Sorry. Resume your seat.

Deputy Sean Fleming: A hospital has been closed in Abbeyleix.

Deputy Mattie McGrath: We have had our barracks for 400 years.

Deputy Sean Fleming: A closure has been announced in another area.

Deputy Mattie McGrath: We got rid of the British 100 years ago.

An Ceann Comhairle: It is with deep regret—— 470 Order of 15 November 2011. Business.

Deputy Mattie McGrath: Cromwell is back.

An Ceann Comhairle: ——that I have to suspend the House for 15 minutes.

Sitting suspended at 5.08 p.m. and resumed at 5.23 p.m.

An Ceann Comhairle: The Order of Business has concluded and I now move on to the Topical Issue Debate. I call Deputy Mary Mitchell O’Connor.

Deputy Sean Fleming: As I was saying before the Dáil was suspended, I raised this issue of the closure of Abbeyleix district hospital on the Topical Issue Debate and I got an unsatisfac- tory reply from the Minister. As a Member of this House, I would like to know——

(Interruptions).

Deputy Sean Fleming: I raised this issue of the closure of Abbeyleix district hospital on the Topical Issue Debate and I got nothing more than the Minister——

An Ceann Comhairle: I ask Deputy Fleming to leave the House.

Deputy Sean Fleming: I wish to stay here to make the point that I have used every procedure available to me.

(Interruptions).

Deputy Sean Fleming: I have tabled parliamentary questions, raised the issue on the Topical Issue Debate and raised the matter with the Minister.

An Ceann Comhairle: Under Standing Order 62, I name Deputy Fleming and propose that he be suspended from the service of the House.

Deputy Sean Fleming: I want the Minister to come to the House to explain this new stealth policy to close the district hospital. He is starting in County Laois and he is closing——

(Interruptions).

Deputy Sean Fleming: He has announced the closure of the district hospital in Abbeyleix and he has now announced the closure of——

(Interruptions).

Deputy Sean Fleming: Old people are living in fear tonight because adequate arrangements have not been put in place. It is unsatisfactory that the Minister will not come into the House to explain his decision.

(Interruptions).

An Ceann Comhairle: Deputy Fleming has had his fun and stupidity——

(Interruptions).

Deputy Sean Fleming: The Ceann Comhairle had an opportunity to show the dignity of and respect to this House. He should not be so dismissive of a Member of the Opposition and treat him in a backhanded manner like this and say he has had fun. It is no fun for the people of Laois, who will have hospitals closed. 471 Suspension 15 November 2011. of Member

(Interruptions).

Deputy Sean Fleming: The care of these people is being privatised out to private sector organisations.

(Interruptions).

Suspension of Member An Ceann Comhairle: I move: “That Deputy Sean Fleming be suspended from the service of the Dáil.”

Question put:

The Dáil divided: Tá, 81; Níl, 34.

Bannon, James. Keaveney, Colm. Barry, Tom. Kehoe, Paul. Broughan, Thomas P.. Kenny, Enda. Burton, Joan. Kyne, Seán. Butler, Ray. Lawlor, Anthony. Buttimer, Jerry. Lynch, Ciarán. Byrne, Catherine. Lynch, Kathleen. Byrne, Eric. Lyons, John. Cannon, Ciarán. Maloney, Eamonn. Carey, Joe. McCarthy, Michael. Coffey, Paudie. McEntee, Shane. Collins, Áine. McFadden, Nicky. Conaghan, Michael. McGinley, Dinny. Conlan, Seán. McHugh, Joe. Connaughton, Paul J.. McLoughlin, Tony. Coonan, Noel. McNamara, Michael. Corcoran Kennedy, Marcella. Mitchell, Olivia. Costello, Joe. Mitchell O’Connor, Mary. Coveney, Simon. Mulherin, Michelle. Creed, Michael. Murphy, Eoghan. Deasy, John. Nash, Gerald. Deering, Pat. Nulty, Patrick. Dowds, Robert. Ó Ríordáin, Aodhán. Durkan, Bernard J.. O’Donnell, Kieran. English, Damien. O’Donovan, Patrick. Farrell, Alan. O’Reilly, Joe. Ferris, Anne. O’Sullivan, Jan. Fitzgerald, Frances. Phelan, Ann. Fitzpatrick, Peter. Ring, Michael. Flanagan, Charles. Shatter, Alan. Gilmore, Eamon. Shortall, Róisín. Griffin, Brendan. Spring, Arthur. Hannigan, Dominic. Stagg, Emmet. Harris, Simon. Stanton, David. Hayes, Brian. Timmins, Billy. Hayes, Tom. Tuffy, Joanna. Heydon, Martin. Twomey, Liam. Hogan, Phil. Wall, Jack. Humphreys, Heather. Walsh, Brian. Humphreys, Kevin. White, Alex. Keating, Derek.

Níl

Adams, Gerry. Collins, Niall. Boyd Barrett, Richard. Cowen, Barry. Calleary, Dara. Daly, Clare. Collins, Joan. Doherty, Pearse. 472 Suspension 15 November 2011. of Member

Níl—continued

Dooley, Timmy. McGuinness, John. Flanagan, Luke ‘Ming’. McLellan, Sandra. Fleming, Sean. Moynihan, Michael. Halligan, John. Murphy, Catherine. Healy, Seamus. Ó Caoláin, Caoimhghín. Ó Cuív, Éamon. Healy-Rae, Michael. Ó Snodaigh, Aengus. Higgins, Joe. O’Dea, Willie. Kelleher, Billy. Pringle, Thomas. Kitt, Michael P.. Smith, Brendan. Martin, Micheál. Stanley, Brian. McConalogue, Charlie. Tóibín, Peadar. McGrath, Mattie. Wallace, Mick. McGrath, Michael.

Tellers: Tá, Deputies Emmet Stagg and Paul Kehoe; Níl, Deputies Aengus Ó Snodaigh and Michael Moynihan.

Question declared carried.

An Ceann Comhairle: I call on Deputy Mitchell O’Connor without interruption on the first of the Topical Issue Matters.

Deputy Mary Mitchell O’Connor: Thank you, a Cheann Comhairle.

Deputy Charlie McConalogue: On a point of order.

Deputies: Will they stop this nonsense?

Deputy Pat Deering: Suigh síos.

Deputy Willie O’Dea: Deputies opposite should respect a point of order.

Deputy Billy Kelleher: It is a point of order.

An Ceann Comhairle: Will Deputy McConalogue please resume his seat?

Deputy Charlie McConalogue: Can I make a point of order?

An Ceann Comhairle: Resume your seat.

Deputy Charlie McConalogue: On a point of order.

An Ceann Comhairle: Deputy Sean Fleming must leave the House.

Deputy Mary Mitchell O’Connor: Deputies opposite should be aware I have waited 40 minutes to raise this matter.

An Ceann Comhairle: Deputy Sean Fleming is suspended from the House and must leave.

Deputy Charlie McConalogue: On a point of order.

A Deputy: The point of order is why Deputy Sean Fleming has not left.

Deputy Michael Creed: Is Deputy Sean Fleming a democrat? He should leave the House. 473 Topical 15 November 2011. Issue Matters

Deputy : All we are short of is Mary O’Rourke and Mary Hanafin to make a right laugh out of this.

An Ceann Comhairle: I will ask the Superintendent to remove Deputy Sean Fleming from the House.

Deputy Michael Creed: Deputy Sean Fleming is a disgrace.

An Ceann Comhairle: I am sorry Deputies but I have to suspend the House for another five minutes to allow this nonsense to pass over.

Sitting suspended at 5.29 p.m. and resumed at 5.45 p.m.

Deputy Sean Fleming withdrew from the Chamber.

Topical Issue 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 27A and the name of the Member in each case: (1) Deputy Mary Mitchell O’Connor — the sale of Booterstown Marsh, County Dublin, as advertised on the NAMA website; (2) Deputy Michael Healy-Rae — the need to extend the period for spreading slurry; (3) Deputy Marcella Corcoran Kennedy — the future use of the FÁS premises in Birr, County Offaly, in the event that FÁS staff are moved from the building; (4) Deputy Simon Harris — the need for stigma-reducing and mental health education in schools; (5) Deputy Thomas Pringle — the future of rural post offices in view of the closure by An Post of Laghey Post Office, County Donegal and the impact of the Postal Services Bill 2011; (6) Deputy Terence Flanagan — the need to put in place annual funding for the Northside Community Law Centre, Dublin; (7) Deputy Joe O’Reilly — the potential for the boarding out option to be used more widely as long-term care by the HSE; (8) Deputy Éamon Ó Cuív — an gá atá le cead a fháil cuid de na haonaid tithíochta sóisialta ag Áras Rónáin, Cill Rónáin, Árann a athrúóthithe sóisialta go aonad cúram príomhúil faoi chúram an HSE agus nach n- iarrfaí aon aisíoc ar an deontas a tugadh don ionad ó tharla go mbeidh sé in úsáid ag an HSE don phobal; (9) Deputy — the need to designate Longford as a sub-office of the newly amalgamated Longford-Westmeath VEC; (10) Deputies Tom Hayes, Seamus Healy, Mattie McGrath — the proposed closure of Kickham Barracks, Clonmel, County Tipperary; (11) Deputy Niall Collins — the need to instruct the Bank of Ireland to reverse the 0.7% increase in their interest rate for credit facilities to business customers, which is due to take effect on 16 November 2011; (12) Deputy Gerald Nash — the delay in establishing a stroke unit in Drogheda, County Louth, under the national stroke programme of the HSE; (13) Deputy Patrick O’Donovan — the need to provide insulation in local authority houses and accessibility to local authority houses for people with a disability; (14) Deputy Thomas P. Broughan — the need to make available the necessary finance to tackle problems in the north fringe of Dublin and to facilitate the rehousing of residents of Priory Hall; (15) Deputy — the introduction of a mechanism to connect single residences in rural areas to the mains sewerage systems; (16) Deputy Pat Deering — the need to have Carlow included on the motorway signs on the M7 prior to the split into the M8 and M9; (17) Deputy Charlie McCon- alogue — the decision not to proceed with the construction of the Dublin to -County Donegal dual carriageway; (18) Deputy Brendan Smith — the need to consider alternative ways of funding the third level sector other than raising the €2,000 student contribution fee; (19) Deputy — the proposed closure of army barracks at Mullingar, Clonmel and Cavan; (20) Deputy Clare Daly — the cancellation of Metro north; (21) Deputy Michael McCarthy — the need to amend NAMA legislation in order to prevent payments being made 474 Sale of 15 November 2011. Booterstown Marsh to developers; (22) Deputy Gerry Adams — the need to support the 11 victims of the British Parachute Regiment who were shot and killed in the Ballymurphy area of in 1971; (23) Deputy Richard Boyd Barrett — the proposals to remove grants for postgraduate students and increase undergraduate registration fees; and (24) Deputy Mick Wallace — the need to tackle the ongoing problem of persons waiting on trolleys in hospitals. The matters raised by Deputies Mary Mitchell O’Connor, Niall Collins, Gerry Adams and Gerald Nash have been selected for discussion.

Topical Issue Debate

————

Sale of Booterstown Marsh Deputy Mary Mitchell O’Connor: I raise the sale by NAMA of land known as the Ash Castle site on the border between Dún Laoghaire-Rathdown County Council and Dublin City County Council. The site is adjacent to Booterstown Marsh which is a nature reserve. I refer the Minister of State to page 8 of the properties subject to the enforcement action of NAMA on the NAMA website. However, if the Minister checks the NAMA website he will notice that the actual address given is Booterstown Marsh which is not the name of the site. As a public representative I have a major problem with this notice for sale. The NAMA website states that this site is not for sale at present but I am informed that the site has been sold subject to planning permission. Along with many of my constituents in Booterstown-Blackrock I am very concerned that this was not an open and transparent advertisement for the sale of Ash Castle. I am not casting aspersions on the purchaser which I believe is a sporting organisation. What I am concerned about is the process used. Was this an open and transparent sale? Did NAMA, in giving a misleading address, hinder others’ bids for this piece of land? Is it the case that other houses, lands and apartments for sale displayed on the NAMA website are shown with misleading addresses? Finally, and most important, is the taxpayer getting the best price for properties bought on their behalf by NAMA and now being sold by NAMA? I understand the sensitivity of sales under NAMA but I am concerned that in giving mislead- ing addresses or limited information on properties for sale NAMA is constraining ordinary people from knowing what is for sale and bidding on these properties. NAMA is the largest property holding company in the world and I am deeply concerned that purchasers, vendors in the know or an inner circle have the inside track and are able to bid and purchase properties the general public do not know are for sale. I am aware of at least one other example which has been reported where this is happening. To allay the public’s disquiet that deals are being made by NAMA on behalf of a small circle in the know I ask that the Minister insist that NAMA puts onto its website, first, the exact and correct address of property for sale; second, the guide price for property for sale; and, third, the sale price achieved for properties sold by NAMA. I also want to be assured that sites and properties for sale by NAMA are advertised publicly in newspapers and by estate agents in an open and transparent manner.

Minister of State at the Department of Public Expenditure and Reform (Deputy Brian Hayes): I thank Deputy Mitchell O’Connor for raising this important matter. NAMA has a commercial remit and a statutory objective to generate a return for the taxpayer, as I am sure the Deputy is aware. However, in the context of its commercial remit and consistent with 475 Sale of 15 November 2011. Booterstown Marsh

[Deputy Brian Hayes.] section 2 of the National Asset Management Act 2009, NAMA is at all times open to consider- ing proposals aimed at contributing to broader social and economic objectives. I am informed by NAMA that the property concerned is among the properties listed on the NAMA website and that the property has been offered for sale by a receiver appointed by NAMA. While the property is not owned by NAMA, I understand the receiver has an obli- gation to secure the maximum proceeds for the debtor to ensure that to the greatest possible extent debt outstanding against the assets can be repaid. I am informed by NAMA that it expects the current value of the property to be determined by the receiver in line with his obligations. I also understand that the receiver has received offers from potential purchasers. Any additional expressions of interest, including from public authorities interested in making an offer on the site, can be directed towards the receiver, Mr. Declan Taite of RSM Farrell Grant Sparks. The e-mail address is [email protected]. All offers made will be submitted by the receiver to the National Asset Management Agency for the final decision as to which of them should be accepted. The NAMA board has confirmed its policy of giving first option to State bodies on the purchase of property which may be suitable for their purposes where these bodies have require- ments such as schools, hospitals, parks and so forth. Thus, where a State body can match any alternative financial offers, NAMA would be disposed to the body in question acquiring the asset. In the context of this policy and in view of the land’s proximity to the Booterstown Marsh and Nature Reserve, I expect that NAMA will consider any offers which may be submitted by the relevant public bodies before making its final decision. In the context of contributing to wider social and economic objectives, NAMA concluded the sale of 58 social and affordable units to the Cluid housing association in July of this year. The agency has also provided a list of more than 1,000 properties to Department of Envir- onment, Community and Local Government and I am informed it is in discussion with the Minister of State with responsibility for housing, his officials and the Irish Council for Social Housing with a view to identifying properties which may be suitable for social housing. I under- stand NAMA has also had contact with officials of other Departments and agencies, such as the Department of Education and Skills, Health Service Executive, local authorities and other public bodies. In addition, I am aware that the agency has approved the release of lands in Baldoyle to Fingal County Council for extra parklands, accommodated the sale of a 13 acre site in Hansfield West, Dublin, to the Department of Education and Skills and agreed to co- fund with Fingal County Council a link through lands that NAMA has as a security for loans in west Dublin which will link the N2-N3. The NAMA chairman recently informed the Joint Committee on Finance and the Public Service that engagement with community groups on issues of concern to them continues to take place. He also informed the joint committee that while NAMA may not give away land or property, should a community group have an interest in a particular piece of land or property or wish to extend a sports pitch, it should speak with the agency. Any local community organis- ation which has a proposal that it wishes to put to NAMA should contact its portfolio manage- ment unit. The agency is engaging with the public sector and wider community in terms of social and economic objectives. I stress, however, that parties interested in purchasing the property near Booterstown Marsh should contact the receiver.

Deputy Mary Mitchell O’Connor: I thank the Minister of State for his comprehensive answer. Page 8 of the NAMA document listing properties subject to enforcement action states that Booterstown Marsh is not for sale at present. Many people in the Booterstown and Blackrock areas have been informed that the site in question has been sold subject to planning permission 476 Banking 15 November 2011. Sector Regulation being secured. I am deeply concerned that the site was not placed on the market in the conven- tional sense, as has been the case with many other properties. As I stated previously, I am aware of a case in the South where a property is being bought by the vendor. I am concerned that taxpayers will lose out as a result of such transactions. Rather than securing the maximum price, an inner circle appears to be purchasing properties held by the National Asset Manage- ment Agency.

Deputy Brian Hayes: Having listened carefully to the Deputy’s comments, it is important for the purposes of clarity that a transcript of her contribution be submitted to the National Asset Management Agency at the conclusion of business. The head of the property portfolio division of NAMA could then reply to her directly. It is a matter of law that the agency’s only interest in the assets in question is to extract the highest possible price on behalf of the taxpayer. Where one has a triangular relationship between NAMA, a receiver acting on behalf of the creditors and the owner of the land or property, the objective of the receiver is to obtain the highest price through all possible means. The only legislative obligation on NAMA is to maximise the return for taxpayers. Deputy Mitchell O’Connor has placed important information on the record. I will ensure a copy of her contribution is transmitted to the National Asset Management Agency. If there are issues the agency would like to address with her, it should do so directly.

Banking Sector Regulation Deputy Niall Collins: I thank the Ceann Comhairle for selecting this topical issue for dis- cussion. We are all aware of public disquiet in recent weeks and days concerning the failure of banks to pass on a reduction in the European Central Bank interest rate, although Allied Irish Bank changed tack after several days. This is an issue of major concern because members of the public appreciate that the purpose of the ECB decision to reduce the cost of its funds was to help people who find themselves in distress and stimulate growth and spending in the European economy. Most of the debate on this issue has centred on distressed mortgage holders and others who find themselves under pressure as they try to discharge their mortgage obligations and liabilit- ies. An important issue has, however, gone under the radar, namely, the decision by Bank of Ireland to notify business people who hold commercial mortgages and properties 6o’clock of a change in policy. The change gives effect to one of the terms and conditions in the small print of the original mortgage. As a result, the bank has changed the basis on which the interest rate is calculated from the Euribor rate to what is known as a “cost of funds” rate. The net effect of the decision has been to increase the interest rate being charged to commercial customers of Bank of Ireland by 0.7%, which is a significant amount. Those affected are primarily business people and farmers. I have been informed by individ- uals working in the banking sector that many people acquired large mortgages when they purchased or extended their farms in recent years. Business people, who are under pressure as a result of problems accessing credit, declining footfall and a reduction in spending power, are being squeezed again by the decision of Bank of Ireland to enforce a clause in the small print of mortgage contracts for commercial customers. Was this matter discussed when the Economic Management Council met representatives of the banking sector last week? While I appreciate the Minister of State, Deputy Hayes, did not attend the meeting in question, I am sure he has been briefed by the four members of the Government who were present. This issue is significant for another reason. There is a lobby to eliminate tax shelters for people who hold commercial mortgages. Many people invested and planned their businesses around the various tax shelters which were offered in the past. The Department of Finance is 477 Banking 15 November 2011. Sector Regulation

[Deputy Niall Collins.] carrying out an impact assessment on the effects of any measures which would abruptly elimin- ate or phase out these tax shelters. If these shelters do not run for the lifetime envisaged for them, business people will come under more pressure as tax liabilities not foreseen in their business plans will be triggered. What engagement, if any, has the Government had with the banks from the perspective of business people and farmers? The House has correctly had extensive debates on personal mortgages and debts. The decision by Bank of Ireland to increase the interest rate which applies to commercial customers will cost a significant amount. An example given by the bank showed that the monthly repayment on a seven year mortgage of €480,000 would increase by approximately €350, a significant amount of money that will drag on cashflow.

Deputy Brian Hayes: I thank Deputy Collins for raising this important issue and giving me the opportunity to place on record my position and that of the Department of Finance. On the issue of lending in general, the Government has imposed lending targets on the two domestic pillar banks for the three calendar years, 2011 to 2013, inclusive. Both banks will be required to sanction lending of at least €3 billion this year, €3.5 billion next year and €4 billion in 2013 for new or increased credit facilities to small and medium sized enterprises. Both pillar banks have provided me with their plans to ensure that the 2011 target is achieved. This is particularly relevant given the comments contained in the fifth quarterly report of the Credit Review Office, which state that “it will be a challenge for each of the banks to reach their €3 billion sanction target for new and restructured facilities in the current year.” In an effort to recoup some of its higher input funding costs, Bank of Ireland is changing the method of calculating its interest rate on its term lending facilities from the current EURIBOR derived reference rates to a reference rate based on “bank cost of funds”. The decisions financial institutions operating in Ireland make on the interest rates they charge to customers are commercial decisions for the institutions concerned. Interest rates are determined by a broad range of factors including ECB base rates, deposit rates, market funding costs, the competitive environment, and an institution’s overall funding. As in the case with mortgage interest rates, the Government has no statutory function on business interest rate decisions made by individual lending institutions at any particular time. I appreciate that this increase may be difficult for some business customers to absorb. The Deputy makes a valid point about very small businesses, especially the farming community, and the degree to which those businesses can remain viable on the basis of existing commercial mortgages. I understand the bank has written to its business customers inviting them to contact their respective relationship managers who will assist them in managing the impact of this change and look at potential solutions for their businesses. In his report of 11 November 2011 to the Taoiseach on the issue of passing on mortgage interest rate adjustments following ECB actions, the Financial Regulator and the Deputy Gov- ernor of the Central Bank stated that the power to exercise close regulatory control over retail interest rates is not sought by the Central Bank. Similar principles apply to business interest rates. The Deputy Governor has indicated that the Central Bank will, within its existing powers and through suasion, engage with specific lenders which appear to have standard mortgage variable rates set disproportionate to their cost of funds. He has indicated that experience of such controls in the past and in other countries does not encourage the Central Bank to believe that such a regime would be advantageous in net terms as the banking system recovers its normal functioning. Binding controls tend to reduce availability of credit and channel it to the most creditworthy customers, starving smaller and less secure customers from credit. The regu- 478 Banking 15 November 2011. Sector Regulation lator indicates that this could have a chilling effect on the entry of sound competitors into the market. By absolving banks from their responsibility to price risk accurately, binding interest rate controls would, especially during this recovery phase, impede progress towards the re- establishment of bank management practices that can ensure a healthy and free-standing bank- ing system no longer dependent on the Government for bailouts. In conclusion, it is vital that the banks continue to make credit available to support economic recovery. However, it is not in the interest of the banks, businesses or the economy for finance to be provided unless the business is viable and has the capacity to meet the interest payments and repay the sum borrowed. The Deputy asks a fundamental question. Was this raised at last week’s meeting? My under- standing is that it was, as part of myriad other issues raised by the Taoiseach, the Tánaiste and the Ministers for Finance and Public Expenditure and Reform. The management of the three banks in questions were specifically asked to come in and outline their plans on SME funding, following the funding commitment they gave to the State once recapitalisation emerged. This was one of the issues raised and we will continue to pursue it through the regulator and the Department of Finance. I appreciate the point made by the Deputy. Significant businesses can remain once credit lines are there. He makes a valid point. If the rules of commercial lending are changed, albeit to small businesses, it can have a profoundly negative effect on that business. I can assure the Deputy this issue was raised.

Deputy Niall Collins: I thank the Minister of State. The reality is that the Bank of Ireland is trying to recoup its losses on tracker mortgages, so the Government needs to look at this. Perhaps the Minister of State can take that message back to the Department of Finance. I am told that the regulator and the Central Bank signed off on this change in interest calculation policy. Can the Minister of State confirm that for me? I appreciate he might not have the answer with him tonight, but perhaps he can send it to me by email or through written correspondence. Does the Department have any engagement with the public interest directors? They are coming back into the spotlight, following the mortgage and personal debt issues that were discussed last week and this week in the Dáil. They also got a mention today during Leaders’ Questions. Will the Government be engaging directly with those public interest directors? Can the Minister of State and his colleagues talk to them directly on this issue and others, especially in respect of Bank of Ireland?

Deputy Brian Hayes: The Deputy will have seen the action taken by the Government last week in respect of AIB, 98% of which is owned by the State. The same cause and effect is not as obvious when it comes to Bank of Ireland, in which the State has only a 15% holding, while Ulster Bank has no relationship with the Irish taxpayer or the ECB, because it is funded internationally. When public interest is in line with Government policy, the public interest directors will ensure the Government’s view is understood by all concerned. I thank the Deputy for his question on whether the regulator signed off on the change in interest calculation policy. I will get the answer for that. We have an independent regulatory system here. It is important that politicians understand the difference between independence on the one hand and where we have to act on the other hand. The key issue is to use common sense to make sure that we have a profitable banking sector where we can recoup the moneys we have put into these banks, but also to ensure fairness. The objective of a reduction in ECB rates is to get lending going again and to get domestic economies across the eurozone going 479 Northern 15 November 2011. Ireland Issues

[Deputy Brian Hayes.] again. It makes no sense if banks do not pass on those rate reductions, either to their commer- cial customers or their mortgage customers.

Northern Ireland Issues Deputy Gerry Adams: Tá mé an-bhuíoch don Cheann Comhairle mar thug sé seans dom caint ar an ábhar tábhachtach stairiúil seo. The families of the 11 victims of the British Parachute Regiment, who were shot and killed in the Ballymurphy area of west Belfast in the three days after the introduction of internment in 1971, are looking to the Irish Government for solidarity and active political support in their campaign for justice. Few in this Dáil can imagine the terror and the trauma that families in Nationalist areas of the North endured when internment was introduced. Thousands of homes were raided and ransacked, prisoners were tortured and working class areas were under military occupation by the . Fewer still can understand the horror which 11 families in Ballymurphy suffered as they discovered that their loved ones had been shot and killed by British soldiers, or the torment, frustration and anger they experienced as the British state moved to ensure that the legal and judicial system covered up what had happened. Of the 11 who died, ten were men, including a local priest, and the eleventh was a mother of eight. I am from Ballymurphy. These citizens were my neighbours. Fr. Hugh Mullan was my priest. These killings left 46 children without a parent. Many of these children were evacuated to this part of the island, mostly to military camps as refugees. Briege Foyle and her sister were in Waterford when an RTE television news bulletin informed them that their mother had been buried that day. Briege described it thus.

[It was] like a nightmare. We couldn’t grasp it...We stayed with relatives but cried to go home. We imagined home would be like it always had been but it wasn’t. It was an empty shell without our mummy. We had already been through a terrible ordeal but it didn’t stop there. The paratroopers continued to torture us. They used to sing “where’s your mama gone” outside our door and you couldn’t walk down the street without them taunting you. We were all so terrified.

None of the dead was connected with or in any way part of any armed group. They were all unarmed citizens. The success of the British State in covering this up meant that Ballymurphy became a forgotten massacre. Now, as adults, the children and surviving siblings of those killed want the names of their loved ones cleared, and they want the Minister’s help and that of the Government to do this. The news yesterday that the North’s Attorney General has ordered new inquests in ten of the 11 cases is to be welcomed. This is a landmark legal judgement that provides the families with an opportunity to get to the truth of the killing of their loved ones. The decision by the Attorney General is also evidence of the importance of having policing and justice powers transferred from London to Ireland. However, the families believe that the role of the British State and its armed forces warrants a full, thorough international investigation and an apology from the British Government which recognises their innocence. Will the Government support them and join them in demanding this investigation?

Minister of State at the Department of Foreign Affairs and Trade (Deputy Jan O’Sullivan): I thank Deputy Adams for raising this, which is one of the darkest episodes in the history of . It occurred on 9, 10 and 11 August 1971 in Ballymurphy, West Belfast. Eleven people were shot dead, as the Deputy has said, by British security forces over these terrible three days, and the trauma of this continues to be felt by the families of the victims. In a very 480 Northern 15 November 2011. Ireland Issues real way, the people of Ballymurphy and Springfield continue to live with the legacy of those three days and struggle to this day to come to terms with such a devastating loss of life within their community — indeed, within the Deputy’s own community. I would like to take this opportunity to put on record an expression of deep sympathy to the families of the victims and to their neighbours and friends who continue to grieve for their lost loved ones. The families, friends and neighbours of the 11 victims have come together to create the Ballymurphy Massacre Campaign to co-ordinate their efforts to seek justice. In November of last year, members of the campaign travelled to London to petition MPs on behalf of the campaign. On 16 March this year another family member testified in Washington before the US Helsinki Commission, which monitors compliance with the Helsinki Final Act and other OSCE commitments, and this provided the campaign with an opportunity to highlight its quest internationally. The campaign has not been easy, and despite the 40-year anniversary of the killings this August, the families have yet to achieve the closure they justly deserve. The Government has sought to assist the Ballymurphy Massacre Campaign in its quest for justice. Officials from the Department of Foreign Affairs and Trade maintain frequent contact with the campaign and its legal representatives, and they have met on a number of occasions this year. On 23 March 2011, shortly after assuming office, the Taoiseach made clear that he was prepared to meet with the families of the victims. A meeting between officials from the Department of the Taoiseach and the Ballymurphy Massacre Campaign was held in June to prepare for this meeting with the Taoiseach. At present, the killings in Ballymurphy are being investigated by the historical inquiries team, HET, which was established in September 2005 by the then PSNI Chief Constable, Hugh Orde, with the aim of reviewing each of the deaths that occurred in the North during the Troubles. While I understand that the families have some misgivings about the HET process in its current format, I hope some good comes from these reports. More positive has been the announcement today that the Attorney General for has ordered the reopening of ten coronial inquests into the events at Ballymurphy. I hope these reopened inquests can help to uncover more details and provide some measure of closure. The Govern- ment remains committed to assisting the Ballymurphy Massacre Campaign in its search for justice and will continue to support it.

Deputy Gerry Adams: I thank the Minister of State for her commitment to assist the cam- paign and continue to support the families. I know I have very little time, but I want to read this into the Dáil record. The failure to expose this massacre at the time it occurred meant that the same regiment left Ballymurphy, went to Derry and killed 14 innocent civilians there. They then came back to Belfast, killed a 14 year old boy in Lenadoon, a 17 year old in Clonard, a student teacher in Divis and two men on the Shankill Road. In 1972, six months after Derry’s , they shot five people in Springhill, which is the area adjacent to Ballymurphy, including another Catholic priest. Of the four others killed, three were teenagers and the last was a father of six. In 1973 they killed five people, one a 12 year old boy, in north Belfast, while in south Armagh a 12 year old schoolgirl was shot dead. The pattern is clear. This was the British Army doing what the British Army does and what all armies do in these situations. All of these people were innocent civilians, and their deaths were part of a planned counter-insurgency strategy by the British Government to pacify the population. These are heartland republican areas. The British soldiers had carte blanche to kill, torture and terrorise with legal and judicial impunity. This matter cannot be ignored any longer. The Ballymurphy families want a full, thorough international investigation. They have rejected the HET process and I support them in that rejection. I will repeat what I have said before: the needs of all victims of the conflict must be 481 Stroke 15 November 2011. Services

[Deputy Gerry Adams.] dealt with. As well as victims of the British State and of Unionism, there are victims of the IRA, including victims in this part of the island. We saw this being raised during the recent presidential election. All of these victims need to have closure and be part of a healing process. Sinn Féin has proposed that the Irish and British Governments invite a reputable and indepen- dent international body to establish an independent international truth commission as part of a viable truth recovery process. I would like, if I may, to read into the record the names of those killed in Ballymurphy: Fr. Hugh Mullan, who was 38 years old; Frank Quinn, 19, a father of two; Joan Connolly, 50, a mother of eight; Daniel Teggart, 44, a father of 13; Joseph Murphy, 41, a father of 12; Noel Phillips, who was 18; Eddie Doherty, 28, a father of four; John Laverty, who was 20; Joe Corr, 43, a father of six; John McKerr, 49, a father of two; and Paddy McCarthy, who was 44 years old. I once again implore the Government to assist and support the families’ campaign and their demand for a full independent investigation.

Deputy Jan O’Sullivan: I reiterate the Government’s support for the Ballymurphy families in their search for justice and truth. The officials are in constant contact with the families and their legal representatives and the Taoiseach has indicated his willingness to meet them as well. There is ongoing work, as the Deputy knows, within Northern Ireland and by the British and Irish Governments with the aim of getting at the truth of what has happened in the past. We will continue to focus on ensuring that this work is as effective as possible. I thank the Deputy again for raising this issue.

Deputy Gerry Adams: The British Government is not assisting in this process.

Stroke Services Deputy Gerald Nash: I doubt there is a family in Ireland that has not experienced the afflic- tion of stroke. Strokes, as the Minister of State knows, can vary from relatively mild occurrences from which people can and do make full recoveries to devastating attacks which greatly impair the quality of life of patients and their carers. Once, we viewed strokes almost as an act of God. There was nothing we could do except sit and hope that a sufferer would regain some functionality. Thankfully, we have come a long way since then. Last year, as the Minister will be aware, the Irish Heart Foundation published ESRI research showing that 750 extra people could be saved from death or lifelong dependency each year, with a cost saving to the taxpayer of €230 million over the next decade, if stroke unit care and clot-busting thrombolysis treatment was generally available. The HSE accepted this research and, in fact, allocated an extra €4.2 million to stroke services in the 2011 service plan to fund the appointment of 45 clinical nurse specialist and therapist posts countrywide. These were in addition to a number of new consultant neurologist and geriatrician appointments that are currently being made. Two of these posts were approved for Drogheda — a clinical nurse specialist and a therapist — with the full expectation that they would be filled early this year. We are almost at the year end and, apparently, these posts are no closer to being filled. It is essential to understand that an effective, functioning stroke unit is made up of people, not simply buildings and equipment. A stroke unit requires people with the necessary expertise who altogether offer a holistic approach to patient care. As the Minister of State is aware, when done properly the results are spectacular in terms of the recovery of patients and, crucially, in terms of reducing the likelihood of further attacks and incidence. Without the required expert- ise there may be a “Stroke Unit” sign on the corridor but it will not meet the guidelines of what constitutes a stroke unit as envisaged by the Irish Heart Foundation and the ESRI and, therefore, the benefits and the savings will be lost. 482 Stroke 15 November 2011. Services

We are all aware of the difficult situation this country is in but this is not a case of seeking additional resources; the budget for these posts has already been approved. What is more, these appointments will greatly improve the effectiveness and efficiency of our stroke care system, saving money and freeing up resources to meet other demands in the health service. This is a win-win situation and it is deeply frustrating to see such a delay in implementing a measure that will greatly improve quality of life for patients and their carers. I appeal to the Minister of State to give this her full attention and to ensure these two essential appointments are made as quickly as practicable.

Minister of State at the Department of Health (Deputy Kathleen Lynch): I am grateful to Deputy Nash for raising this issue. The Deputy is aware that I have an interest in it through family circumstances. Following the transfer of acute services from Louth County Hospital to Our Lady of Lourdes Hospital, Drogheda, the Health Service Executive has worked to reorgan- ise stroke services in the Louth-Meath hospital group. Stroke services in the group were prior- itised by the HSE in the 2011 service plan. A dedicated consultant physician lead for stroke services is in place in the Louth-Meath hospital group. The consultant physician is progressing the planned development of the stroke service in line with the HSE’s national clinical prog- ramme for stroke and is working with the programme’s national clinical lead in this regard. I am pleased to report that stroke services in the hospital group have been significantly improved this year with the designation since March of a seven-bed area for acute stroke patients in Our Lady of Lourdes Hospital, Drogheda and the introduction of thrombolysis for acute stroke patients last July. An eight-bed stroke rehabilitation unit has also been com- missioned in Louth County Hospital for appropriate patients from Our Lady of Lourdes Hospital, Drogheda. Admissions to the areas are co-ordinated at weekly cross-site, multi- disciplinary meetings. It is planned to increase the capacity of this unit to 11 beds once recently appointed speech and language therapists have completed a period of upskilling and induction. A draft Louth-Meath implementation plan for the national clinical programme for stroke has been developed. Discussions are ongoing with the consultant physicians in this regard with a focus on agreeing a strategy to ensure that all stroke patients are admitted under the care of a stroke physician with a dedicated on-call rota for stroke thrombolysis. Recruitment to appoint physiotherapy and clinical nursing specialist staff to the service is being progressed by the HSE. Once this implementation plan has been agreed with the national clinical lead, the stroke service in the Louth Meath hospital group will be officially recognised by the national clinical programme. This is a welcome and important step in the development of services at Our Lady of Lourdes Hospital, Drogheda. I emphasise the importance being placed by the Department and the HSE on improving services for patients suffering strokes. As Deputy Nash has pointed out, the Irish Heart Foundation has made some estimates of the economic burden of stroke and transient ischaemic attack, TIA, in Ireland. It has estimated the cost of stroke care at between €470 million and €1.008 billion and it has suggested that introducing changes to stroke service provision would have important implications for health outcomes and costs. In June 2010 Changing Cardiovascular Health: National Cardiovascular Health Policy 2010 — 2019 was launched. This policy establishes a framework for the prevention, detection and treatment of cardiovascular disease, including stroke, and seeks to ensure an integrated and quality-assured approach in disease management to reduce the burden of these conditions. The policy proposes that cardiac and stroke services should be reconfigured on a network basis at hospital and emergency care level. It is planned that each network will provide specialist services by a blend of hospitals designated as local and general and regional and comprehensive centres. As part of these plans, an improved ambulance service will ensure that 80% of patients 483 Referral of the Access to Central Treasury 15 November 2011. Funds Bill 2011: Motion to Rescind Order

[Deputy Kathleen Lynch.] will be brought directly to the appropriate centre for initial treatment within the accepted criteria framework. To help implement the report, specific teams have been established in the HSE. Four lead clinicians, two of whom have responsibility for stroke, have been appointed by the HSE to direct the implementation of the recommendations. The policy acknowledges the key role that primary care plays in raising awareness, in risk assessment and in the management of cardio- vascular disease. A shift to community-based care is envisaged for such patients, with primary care teams providing structured, proactive care supported by specialist ambulance services. I welcome the important developments in stroke services in Ireland and especially the important role that Our Lady of Lourdes Hospital, Drogheda will play in the future. I accept fully that the outcomes could be improved significantly if we had a proper service in place. It seems that with the programme envisaged of nine stroke units throughout the country and with the proper expertise and the thrombolysis treatment — although not everyone is necessarily an ideal candidate for this — the outcomes could be a great deal better and the burden stroke can place on communities, the individual and the State could be reduced greatly.

Deputy Gerald Nash: I thank the Minister of State for her comprehensive reply. She has acknowledged some of the developments that have taken place not only with regard to additional resources for stroke, but also the changes in attitude towards stroke and stroke prevention and other interventions. The fact remains that an extra €4.2 million was allocated to stroke services in 2011 service plan. There was an expectation that the two positions, the clinical nurse specialist and the therapist, would be allocated to Our Lady of Lourdes Hospital, Drogheda. As I stated earlier, a stroke unit is not simply about a building or equipment it is about interventions, the type of which can be provided by the clinical nurse specialist and the therapist. I believe that the Minister of State accepts the need for such interventions and staff- ing arrangements. I am unsure whether the question has been satisfactorily addressed but my concern is whether we can expect these positions to be filled by the end of the year as per the plan and the resources allocated. If this is not the case, will a commitment be made that these positions will be filled early next year to deal with the clear demand in the north east and in the Louth-Meath area for interventions for stroke?

Deputy Kathleen Lynch: I cannot give the Deputy an answer to the specific question but I will relay his concerns. I will find out the answer and I will get back to the Deputy in terms of these specific areas. The Deputy is correct. If we intend to use multidisciplinary teams for other chronic diseases then we must introduce them in this case as well. The outcomes for stroke can be a great deal better if correct and speedy diagnosis and treatment is put in place and this is what the plan is about. The plan is good and the network we will put in place throughout the country will be good. It will serve the needs of those suspected of having had a stroke and those who have suffered a stroke. We must ensure the personnel required to deliver this plan are put in place. I will inquire for the Deputy about when these two appointments will be made.

Order of Referral of the Access to Central Treasury Funds (Commission for Energy Regulation) Bill 2011 [Seanad] to the Select sub-Committee on Communications, Energy and Natural Resources: Motion to Rescind Minister of State at the Department of Health (Deputy Kathleen Lynch): I move:

That the Order of the Dáil of 8th November, 2011, referring the Access to Central Treasury Funds (Commission for Energy Regulation) Bill 2011 [Seanad] to the Select sub-Committee 484 Dormant Accounts (Amendment) 15 November 2011. Bill 2011 [Seanad]: Second Stage

on Communications, Energy and Natural Resources, be discharged and that the Bill be con- sidered in Committee of the whole Dáil on Thursday, 17th November, 2011.”

Question put and agreed to.

Dormant Accounts (Amendment) Bill 2011 [Seanad]: Second Stage

Question proposed: “That the Bill now be read a Second Time.” Minister for the Environment, Community and Local Government (Deputy ): I welcome the opportunity to introduce this Bill, which has already had a speedy passage through all Stages in the Seanad. This short piece of legislation is needed to allow for the dissolution of the Dormant Accounts Board and to transfer the statutory functions of the board to me as Minister for the Environment, Community and Local Government. This is in line with the recommendations of the McCarthy report and ties in with this Government’s promise to reduce the number of State bodies. Passage of the Bill will serve to further rationalise the bodies under the aegis of my Depart- ment. I recently outlined my Department’s progress in the rationalisation programme. Overall, savings in the order of €1.9 million have already been achieved through a reduction of 43% in departmental agencies from 21 to 12. The dissolution of the board will take these savings to in excess of €2 million. As the rationalisation process continues, I expect these savings would rise significantly. The rationalisation is a direct response to the current economic crisis, and a necessary means of contributing to the reduction of overall public sector costs through enhanced efficiency. I will continue to keep the agency rationalisation and efficiency agenda under review insofar as other agencies under my remit are concerned. Existing dormant accounts legislation provides for the transfer of dormant accounts in banks, building societies and An Post, as well as unclaimed life assurance policies to the care of the State, while guaranteeing a right of reclaim to those funds. The main purpose of the Bill is to reunite account or policy holders with their funds in credit institutions and insurance under- takings. Part and parcel with a right of reclaim, the legislation provides for a scheme of dis- bursement for charitable purposes or purposes of societal and community benefit of funds that are not likely to be reclaimed. Under this Bill, the objectives underpinning disbursements from the fund will remain the same so that moneys from the fund can be used to assist persons who are economically, socially or educationally disadvantaged or have a disability. The Bill will also allow simpler arrange- ments for disbursements than heretofore, as all expenditure from the fund currently require the approval of Government. The responsibility for approving programmes or measures will now rest with the Minister for the Environment, Community and Local Government, subject to the consent of the Minister for Public Expenditure and Reform, and I wish to thank the members of board for their diligent work in this area to date. Disbursements schemes or action plans will henceforth be prepared by the Minister in consultation with relevant Government colleagues and be laid before the Houses of the Oireachtas for a period of 21 days which will allow for debate and discussion. The levels of new measures or programmes for disbursement from the fund are likely to remain low given the current budgetary constraints. In any case, disbursements will continue to be made from the Dormant Accounts Fund through the Votes of relevant Departments and will be Exchequer neutral. As is currently the 485 Dormant Accounts (Amendment) 15 November 2011. Bill 2011 [Seanad]: Second Stage

[Deputy Phil Hogan.] case, the assessment criteria and application procedures for dormant accounts funding must be published, as must a list of the projects ultimately funded. The Bill provides that the cost of engaging service providers, such as Pobal, to administer the application process will be met from the fund, while normal administration costs incurred by relevant Departments will be met from within existing budgets. The Bill will also draw on the expertise, knowledge and resources of existing public bodies, which will enable informed, objective decision-making, consistent with public policy priorities and available resources. The Bill provides that a statement containing details of the approvals will be laid before the Oireachtas and a list setting out the approved measures and projects, and specifying the amounts to be disbursed, will be published within one month of the approvals being given. These rigorous and extensive measures confirm the Government’s commitment to ensure that decisions on the fund are informed by the policy of the Government and will have regard to the public interest, and measures will be accessible to public application and fully subject to Oireachtas and public scrutiny. This ensures the process is transparent and fair, and seen to be fair. A couple of issues were raised during the course of the discussions and debate in the Seanad that I would like to address to the House. These relate to the size of the fund, its possible augmentation and whether it could be ring-fenced for any particular sector or group. Since its establishment in April 2003 to the end of August 2011, transfers to the fund have totalled some €626.59 million, which includes interest earned of €35.53 million. Funds reclaimed in that period by account holders amounted to approximately €218 million. Some €267 million of disburse- ments have been approved, with €239 million spent on projects of community benefit to date. The net value of uncommitted funds in the fund is currently €82 million. In practical terms, increasing the amount available in the fund, for example by adding credit unions to the list of agencies covered by the legislation or by including the proceeds of funds derived from the activities of the Criminal Assets Bureau, does not necessarily allow for the introduction of new dormant accounts measures or programmes. While applying the provisions of the dormant accounts legislation to credit union accounts, for example, would increase the amount available in the fund, Government Departments and agencies would still have to source moneys for dormant accounts programmes and measures from their Exchequer allocations in the same way as any other funding programmes. It is important to note when the moneys spent on dormant accounts measures and prog- rammes are reimbursed from the Dormant Accounts Fund, they are refunded to the Exchequer rather than to the spending Department. For this reason, dormant accounts expenditure is subject to the same constraints within Departments as any other spending programme. At a time of severe budgetary pressures, resulting in reduced allocations across Department Votes, there is a need to prioritise and try to maintain existing funding programmes. Expendi- ture on new dormant accounts measures or programmes could, in current circumstances, lead to reduced spending on other existing programmes. As such, creating a potential new source of dormant accounts funding would serve little practical use at this time. However, this is a matter I am prepared to keep under review, particularly in the context of any improvement to the budgetary situation. Dormant accounts funding cannot be regarded as free money as is sometimes suggested. Under Government accounting procedures, disbursements on dormant accounts measures are paid in the first instance, as I said earlier, upfront from each Department’s Vote in the same way as any other spending programme. The difference is that once expenditure takes place it is reimbursed to the Exchequer from the Dormant Accounts Fund in the form of appropri- 486 Dormant Accounts (Amendment) 15 November 2011. Bill 2011 [Seanad]: Second Stage ations-in-aid payable through the relevant Department’s Vote. In this way, the costs associated with dormant accounts measures are Exchequer neutral, though it should be noted that Government Departments cannot spend appropriations-in-aid directly themselves once they are reimbursed from the fund. They are instead refunded to the central Exchequer. It has also been suggested the fund could be ring-fenced for the community and voluntary sector. Deputies will appreciate that, given its focus as set down in the legislation, a significant proportion of the funding disbursed to date from the fund is already through channelled and voluntary groups. Allocations from dormant accounts are focused on programmes or projects to assist the personal and social development of persons who are economically or socially disadvantaged, the educational development of persons who are educationally disadvantaged or persons with a disability. This is in addition to the other substantial supports provided by my Department to the sector annually through other programmes and schemes. Furthermore, as I indicated in the Seanad, moneys disbursed from the fund increase Govern- ment debt levels as the money continues to belong to the account holder, who can reclaim it at any time, and not at any stage, from the State. Consequently, every euro spent from the fund is regarded in accounting terms as a potential Government liability, regardless of how unlikely it may seem. Therefore, as I said before, the fund cannot be regarded as free money. The detailed technical provisions of the legislation are set out in the explanatory and financial memorandum accompanying the text of the Bill. At this stage, I would like to outline the main provisions of the Bill. Sections 1 and 2 are standard provisions relating to definitions and so on. Section 2 specifi- cally provides for the appointed day, to be determined by order, when the Dormant Accounts Board is dissolved and the Act comes into force, transferring the functions of the board to the Minister. Section 3 of the Bill will replace Part 6 of the principal Act, inserted by Section 8 of the Act of 2005, and sets out the new disbursement arrangements. Sections 40A to 44A are subsets of section 3 of the Bill. Section 40A updates definitions to take account of changes provided for in the Bill. Section 41 sets out the purposes for which disbursements can be made. Section 42 provides for the making of a disbursements scheme no later than 12 months after the appointed day and will set out the types of programmes or projects for which moneys may be disbursed. The disbursements scheme, or any subsequent amendment to it, must be prepared by the Minister, having consulted with the Ministers for Health, Education and Skills and Social Protection. The Minister may also consult with other Ministers or persons. A scheme or an amendment to a scheme must be approved by Government and must be laid before the Oireachtas, and the Oireachtas will be allowed 21 days to challenge it. Section 43 provides for the preparation of an action plan each year where the Minister has made a disbursement scheme. The process of making the action plan is very similar to that of the disbursements scheme in terms of consultation with other Ministers and so on. Once the plan is adopted, it is published and a copy is laid before the Houses of the Oireachtas, so that it may be challenged within a 21-day period. Provision is also made for adopting, or not adopting, an action plan, and for not proceeding to invite applications under the plan, if appropriate in certain circumstances. Any decision not to proceed must be approved by Government. Sections 43A and 44 of the principal Act, as amended under section 3 of the Bill, provide that the Minister within whose remit lies responsibility for a programme or type of project specified in an action plan is required to publish, or cause to be published, an invitation to apply for disbursements, which must include the assessment criteria, application procedure, 487 Dormant Accounts (Amendment) 15 November 2011. Bill 2011 [Seanad]: Second Stage

[Deputy Phil Hogan.] deadline and any other information the Minister wishes to include. They also make provision for applications to be assessed by or on behalf of a Minister of the Government. As is currently the case, following assessments, recommendations must be made as to which measures or pro- jects should receive disbursements. These recommendations are submitted in the first instance to the relevant Minister before being submitted to the Minister for the Environment, Com- munity and Local Government for approval, subject to the consent of the Minister for Public Expenditure and Reform. The Minister for the Environment, Community and Local Govern- ment’s recommendations are submitted to the Minister for Public Expenditure and Reform for approval and the list of approved measures or projects are laid before both Houses of the Oireachtas. Section 44A of the principal Act, as amended by section 3 of the Bill, provides that disburse- ments must be paid from the Oireachtas and reimbursed to relevant Ministers, on the direction of the Minister for Public Expenditure and Reform, by the National Treasury Management Agency, and must be regarded as appropriations-in-aid. Section 4 is a technical amendment updating cross-references to the NTMA and the board. It also provides that the Minister must, before 30 June each year, prepare an annual report on disbursements during the preceding year, to include any findings, conclusions or recom- mendations concerning such operation. The annual report is submitted to Government before being laid before each House of the Oireachtas. Section 5 provides for the dissolution of the Dormant Accounts Board, with any reference to it in any enactment or legal document to be construed as a reference to the Minister. The chairperson of the former board will remain accountable to the Committee of Public Accounts in respect of disbursements by the board during his or her tenure. Sections 6 to 8, inclusive, make standard provision for transfer of assets, liabilities, taking over contracts and so on. Section 9 provides that the board must prepare final accounts, cover- ing the period from the last annual accounts up to the day immediately before the appointed day. These accounts are to be submitted to the Comptroller and Auditor General for audit, and the audited accounts must be laid before each House of the Oireachtas. Section 10 provides for the final report of the board, including particulars for those to whom disbursements were made and the amount of each disbursement since the last annual report of the board. This report will be laid before the Houses of the Oireachtas. Section 12 provides for the Minister to take ownership of the board. It provides that the 2009-2011 plan, as prepared by the board and approved by Government, continues in effect until the Minister’s first dis- bursement scheme is made, and must be treated the same as if it were a disbursements scheme by the Minister. Section 13 updates the principal Act to take account of the new term “Disbursement Scheme” and other technical amendments. Section 14 provides for the repeal of sections 30 to 40, inclusive, of the principal Act. Section 15 deals with the Short Title, collective citation and commencement. This legislation strengthens Government and Oireachtas oversight and, at the same time, simplifies administrative arrangements and the associated processes in respect of grants awarded from the Dormant Accounts Fund. I commend the Bill to the House.

Deputy Niall Collins: I thank the Minister for outlining the provisions of the Bill. We do not intend to contest it. Many community and voluntary groups have benefited significantly through the disbursement of relatively small amounts of moneys from the Dormant Accounts Fund. We are all aware of various projects in our areas which have benefited in this way, such as 488 Dormant Accounts (Amendment) 15 November 2011. Bill 2011 [Seanad]: Second Stage community alert schemes, schemes to assist elderly people within the community and so on. People throughout the State have benefited directly from the moneys available under the fund. It is sometimes the case that the smaller the grant the more appreciative the recipient. People value such assistance in the times in which we live. The original Act was introduced in 2001 and has handled significant sums of money. The Minister indicated that more than €600 million has been transferred to it to date. He also mentioned that €82 million is uncommitted and unspent to date. Does that sum represent the starting point when power is transferred to the Minister in terms of accepting applications?

Deputy Phil Hogan: I will address that in my reply.

Deputy Niall Collins: We have no objection in principle to the Bill, but we intend to put forward at least one and possibly two amendments. We will certainly introduce a technical amendment relating to the practice of accounting for moneys handled by the fund in terms of the contingent liability on the State. Is there a way around having to account for 100% of the moneys as a liability in the national accounts? How long does the money have to sit there before the contingent liability diminishes? Can we find a way of expressing the lesser amount? The Minister indicated that more than €200 million was reclaimed by account holders over the period, representing 218 out of 626, or approximately one third of, account holders. We should take this opportunity to re-engineer the types of schemes that can be offered. There is no better man than the Minister for knowing what is required in communities. He might, for example, consider offering a 50:50 partnership arrangement to community and volun- tary groups which come up with innovative ideas. The various public private partnerships that were agreed in recent years were all large projects involving roads, schools, hospitals and so on. This fund may provide an opportunity to support community alert groups, local voluntary organisations and so on by incentivising them on a 50:50 funding basis. St. Joseph’s Foundation in Charleville would be a suitable candidate for such support. It provides a superb service for physically and intellectually disabled people in my constituency and in the north constituencies. It has benefited from the Dormant Accounts Fund over the years through flag- ship-type projects. We should broaden the scope of the funding to include community and voluntary groups throughout the State. I agree with the thrust of the provisions which transfer the powers of disbursement from the board to the Minister. For too long my own party was at the forefront of diverting decision making from the relevant Ministers towards third-party quangos. The Minister is right to accept the recommendation in the McCarthy report in this regard. The more of that the better. It is appropriate that Ministers exercise as much responsibility as possible within their role, partic- ularly when it comes to taking decisions. Is it proposed to have an appeals process directly to the Minister? It is important that he or she be protected from any political charges that may arise. There will inevitably be disappointed applicants and we must provide for that by way of a robust and transparent appeals process. Fianna Fáil does not intend to oppose the Bill. However, we intend to put forward one or possibly two amendments on Committee Stage.

Deputy Brian Stanley: I welcome the opportunity to speak on this important Bill, which comes at a time when many of the beneficiaries of the Dormant Accounts Fund are worried about further cuts being imposed by the Government in the forthcoming budget. Unlike the previous Government and the current Government, Sinn Féin values the community and volun- tary sector. This sector is worth €6.5 billion to the Irish economy, employing up to 50,000 people. I take the opportunity to acknowledge the ongoing work being carried out by the 489 Dormant Accounts (Amendment) 15 November 2011. Bill 2011 [Seanad]: Second Stage

[Deputy Brian Stanley.] community sector. This sector provides the services which the State and private sectors are unwilling or unable to provide because of the nature of those services. One of the cornerstones of the sector’s success is its independence. This has come under sustained attack particularly by the former Government when it closed down a number of active community development projects. We view any attempt to undermine the sector’s independence with suspicion. In recent years community-based projects have been the victims of an unfair proportion of funding cuts. Of course many in this House would say that happened under the previous Government and now things are different. However, the evidence so far has clearly indicated that little or nothing has changed. The faces in the Cabinet meetings are different but the policies being pursued are the same. This was borne out by the recent 5% cut in funding to projects funded by the HSE. The aim of the Bill is to provide for the dissolution of the Dormant Accounts Board and the transfer of its statutory functions to the Minister for the Environment, Community and Local Government. If the Government has learned anything from the recent referendum defeat it should be that the public simply do not trust politicians with some decisions. Whether we like it or not to propose moving any decision-making powers from such a body back into the Minister’s office will be received with a healthy and justifiable amount of cynicism. Dormant accounts have provided the community sector with much-needed revenue at no cost to the State. Organisations from Donegal to Kerry and from Dublin to Galway have received funding for more than 4,000 projects. The projects have included community-based drug projects; intercultural groups; education groups; security groups to help the elderly; and groups tackling homelessness. It must be remembered that this money was essentially private funding. Moneys, untouched in bank accounts, building societies, An Post accounts, intestate estates and life assurance policies all went to provide the funding. It was an imaginative approach to providing funding for the community groups. The dormant accounts funded projects tackling marginalisation and providing a voice to those who would otherwise have been silenced during the Celtic tiger years. Now more than ever we must ensure that these projects are resourced and strengthened, and the voices of these groups are heard. To simply slice away these services in the name of cost-cutting measures is totally unacceptable. At times of recession we must redouble our efforts to defend these projects and services. This Bill arises from the recommendations of the McCarthy report which in July 2009 recom- mended shutting down the Dormant Accounts Board. Dr. Colm McCarthy estimated at the time that it would save €1.7 million, a figure that was plucked out of the air and was grossly inflated. Last week a briefing from the Chief Whip’s office indicated that the saving would be a reduced €120,000. Sinn Féin fully understands that savings need to be made and we need to get better value for money, but at least the Government should get the figures right when proposing these savings. One of the positive aspects of the Dormant Accounts Fund when it was established in 2001 was that the then disbursement board was independent of Government. The board had the power to prepare a distribution plan and direct the National Treasury Management Agency to make funding allocations. However, this power was greatly limited in 2005 with the establish- ment of the current Dormant Accounts Board. The Irish Current Law Statutes Annotated stated that the central thrust of the 2005 Act was to transfer power away from the independent board to the Government. The Bill further erodes the independence of the Dormant Accounts Fund. 490 Dormant Accounts (Amendment) 15 November 2011. Bill 2011 [Seanad]: Second Stage

Sinn Féin has a number of concerns with the Bill. First, it greatly erodes the independence of the channel of funding. Second, in moving the funding into the Department the Dormant Accounts Fund becomes a slush fund for the Government. The new guidelines state that the Minister must have regard for the policies or priorities of Government and the cost effective- ness of the funding proposals. This is very worrying as many in the community sector would by their very nature question the causes of marginalisation and Government policies that may contribute to that marginalisation. We need a guarantee that the moneys in the Dormant Accounts Fund are ring-fenced and are not used to supplement Government spending. We propose that the oversight and eval- uation role must be kept independent of Government. This role should be kept at arm’s length from any Minster. Sinn Féin also wants legislation introduced to ring-fence money acquired by Criminal Assets Bureau. CAB money should no longer be used to supplement the Department of Finance’s spending. It should be used to fund the communities most at risk of the drugs crisis. CAB money should not be used to supplement current funding but it should be used to strengthen the battle against the causes and consequences of the drug crisis. The Criminal Assets Bureau operates under the following areas: social welfare provisions; revenue legislation; and the Proceeds of Crime Acts 1996 to 2005. The area of concern to the community sector is money collected under the provisions of the Proceeds of Crime Act. Between 2005 and 2009, some €13 million was handed over to the Department of Finance under the Act. In 2010, some €3,114,000 was collected under the Proceeds of Crime Act, under 15 cases. It is of immediate importance that this money is channelled back into the communities from where it was robbed by drug dealers and criminal gangs. It would go a long way to rebuilding and reclaiming those communities which have been abandoned by successive Governments. The proposed disbursement of the Dormant Accounts Fund is too simplistic. While the purpose of the funding outlined in section 41 remains the same, the proposed means of distri- buting that funding is regressive. Under section 42(3) the Minster is to have regard to “the policies and priorities of the Government in so far as those policies 5 and priorities may affect or relate to the types of assistance contemplated by section 41”. The distributions of funding should remain separate from and independent of the Minster. Under section 8 of the Bill a distribution scheme must be approved by the Government and brought before the Oireachtas. However, neither the Seanad nor the Dáil has the power to amend or change the distribution scheme. The only power the Houses have is to annul the scheme. There is no provision in the Bill for Oireachtas amendment. In other words there can be no real debate on the scheme. It is very much a take it or leave it approach. It is a blunt and crude instrument for doing business. When it came to power, the Government promised a more open approach to allow the Opposition to make an input. The major shortcomings of the Bill are as follows: It has no independent, critical appraiser of Government decisions; the funding mechanism is not independent of the Minister’s office; the funding being administered directly by the Department will have a negative impact on community empowerment; there is no commitment to ring-fencing the funding of community projects; and there is fear that funding might be subsumed into the Department’s expenditure. The Government will ask us for alternatives. One of the proposals in Sinn Féin’s pre-budget submission is that the allowances and the costs of boards be reduced. The cost of this board as reported by the Whip’s office is €120,000 and it can be reduced by 25%. We are proposing a 25% reduction in costs and allowances. We also suggest that an Oireachtas committee be given a role in the administration of this fund or in assisting the 491 Dormant Accounts (Amendment) 15 November 2011. Bill 2011 [Seanad]: Second Stage

[Deputy Brian Stanley.] Minister in doing so in a fair and impartial manner. It is hoped these constructive points will be taken on board by the Minister.

Deputy Thomas Pringle: I wish to share time with Deputies Seamus Healy and Mattie McGrath.

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

Deputy Thomas Pringle: I welcome the opportunity to speak on the Dormant Accounts (Amendment) Bill 2011. As outlined by the Minister, this Bill enables the dissolution of the dormant accounts board, a recommendation of the so-called McCarthy report which claims savings of €1.7 per annum could be achieved from doing so. However, the Minister, in response to parliamentary questions in this House, stated that the cost of the operation of the board in 2010 was only €118,000. Preparation and enactment of this Bill, in terms of its progress through both Houses, will possibly cost more than the operation of the board last year. I am concerned about the removal of the board’s oversight function. As stated by Deputy Stanley, the operational costs of the board could be greatly reduced. For example, the cost to the board of consultancies in 2010 was more than 30% of its operational costs. There is scope for reductions in this area, which would make the board more cost effective and allow it to maintain its oversight function. The Bill also provides that a disbursement scheme will be laid before the Houses of the Oireachtas. It is stated this will strengthen the oversight role of the Houses. However, like other speakers, I believe this provision, which provides that the Oireachtas can only withdraw the disbursement scheme and cannot propose any amendments or alterations 7o’clock thereto, does not provide for any oversight role at all, although it may allow for some form of debate here if pushed on the floor of the House. That, however, would be the only role of the Oireachtas in this regard. The Minister should consider providing the Oireachtas Joint Committee on the Environment, Transport, Culture and the Gaeltacht with an oversight role in respect of the disbursement scheme and with the power to make recommendations which the Minister, in drawing up the disbursement scheme for the dormant accounts funding, would be obliged to take on board. It is vitally important that dormant accounts funding reaches the disadvantaged groups it was intended to assist. The Oireachtas should have an oversight role in this regard, perhaps through an Oireachtas committee which could make findings and have a proper input into disbursement of the funds. This Bill might not be necessary given that the savings to be achieved as a result of dissolution of the board might not be as great as outlined in the McCarthy report. There is general concern that this fund will be a Government fund and operated as such rather than a fund to help people in disadvantaged areas, as originally intended.

Deputy Seamus Healy: I welcome the opportunity to speak on this Bill. As stated by previous speakers, this Bill is necessary because moneys in the dormant accounts fund are not public but private moneys belonging to individuals. It is rightly believed that there should be a board to disburse these funds and to ensure they remain at arm’s length from the political process and Minister of the day, be that as heretofore the dormant accounts fund board or, as suggested by previous speakers, an Oireachtas committee. The disbursement of these funds must remain at arm’s length from the Minister of the day. As stated by Deputy Pringle, there was only modest expenditure in respect of operation of the board during the past number years. Expenditure in this regard in 2010 was only €118,000. 492 Dormant Accounts (Amendment) 15 November 2011. Bill 2011 [Seanad]: Second Stage

However, there is scope for further reductions in terms of board fees of €65,800, almost half the cost of operation of the board and €40,000 in consultancy fees in 2010. These are two areas where serious reductions could be achieved, if the board were to continue. There are however other options open to the Minister, including, as suggested, an Oireachtas committee. As I stated, one way or the other disbursement of these funds should remain at arm’s length from the Minister of the day, irrespective of who that Minister might be. There is no doubt but that moneys arising from this fund have resulted in excellent work throughout the country. Three RAPID areas, Carrick-on-Suir, Tipperary town and Clonmel, have received moneys from this fund for worthwhile initiatives such as child care, after school homework clubs, drug rehabilitation and the community and voluntary sector. I would like to put on record an appreciation of work done through funding from the dormant accounts fund. Elm Park, Clonmel, is a large estate of 310 houses. The Elm Park Area Childcare Committee has, with dormant accounts funding, built and is now operating a child care facility in that area. It is a modern building which provides an excellent service of the highest standard. This facility is a huge support to the local community and young children. We all know that there is huge advantage in supporting and educating children at a young age. Moneys utilised for the oper- ation of such facilities result in huge pay-back over time. Work done with young people in the education field results in huge benefits and savings to a community in later years. I would like again to put on record an appreciation for the work done by the Elm Park Area Childcare Committee and other committees throughout south Tipperary and I am sure the country. Pobal operates these funds. I am involved in the child care facility in Elm Park and in my experience, Pobal is an excellent organisation which is very supportive of local committees and voluntary organisations. I refer to a situation in south Tipperary last year which, thankfully, was resolved yesterday. People working on a discontinued scheme have been waiting for more than 12 months to receive redundancy payments. I hope the Minister will ensure that participants in schemes provided by means of dormant accounts funding are properly remunerated and are provided with proper access to their full entitlements. I refer to an uncompleted scheme in Tipperary town and now, 12 months later, the participants are only getting their entitlements under the Redundancy Acts. I thank the Acting Chairman for this opportunity to contribute to the debate.

Deputy Mattie McGrath: I apologise for the misunderstanding as I thought I was the third speaker when I was actually the first. Tá mé anseo anois. I thank my colleagues for standing in. I notice Deputy Mathews is smiling at me so we might share some time again.

Deputy Jerry Buttimer: What about the climate change Bill?

Deputy Mattie McGrath: I ask the Acting Chairman to allow me to continue. I know Deputy Buttimer is in a competition for the best heckler in this term of the Dáil and he is well on the way. He should allow me my opportunity and we will not interrupt him. I am pleased the Minister, Deputy Hogan, is here. I am also pleased that he has shown such an interest in many of these important issues. Deputy Tom Hayes, my constituency colleague, and I had a discussion with the Minister. I am pleased he has responsibility for the areas of environment, community and local government because these responsibilities had been around the House, so to speak, and had been in disparate Departments. I am in favour of getting rid of some quangos because there are too many of them. I was delighted when the then Taoiseach, , secured all those billions in funding from Brussels. Pobal was initiated by his Minister for Finance at the time and it was set up specifically to streamline funding and to make it easier for community volunteers to access funds. I have been involved with many 493 Dormant Accounts (Amendment) 15 November 2011. Bill 2011 [Seanad]: Second Stage

[Deputy Mattie McGrath.] community projects and I know there must be complete accountability for every shilling expended. For example, I sat at a meeting which spent two hours trying to explain to Pobal an underspend of €20. This was six years’ ago and I compare that practice to what happened in FÁS and many other organisations and in the same regard I note the €3.6 billion which was found and the good man who was trying to explain to the committee how this accounting error happened. The dormant accounts fund supports many good projects such as the RAPID projects in south Tipperary and many others too numerous to mention. No project would have been possible without the unpaid volunteers who work throughout the country and we all know them. They make a community tick. Our new Uachtarán will be invited to visit many projects as did his four predecessors. He will be invited to open new and also splendidly refurbished buildings. However, even though funding was provided by the dormant accounts funding and by Pobal, the amount of red tape was a hell for volunteers. In many cases, I am convinced that the bureaucracy and red tape was invented to make work. The McCarthy report recommended that the rural transport scheme be discontinued. I hope the Minister, Deputy Hogan, will never allow this to happen because one of the best rural transport projects is in a triangle of Kilkenny, Carlow and south Tipperary and McCarthy wanted to get rid of it. This was at a time when the Department of Transport was giving €11 million to Derry International Airport under some form of justification. I am not against such funding but McCarthy took the lazy man’s view recommending the closure of this, that and the other, instead of taking a closer look at all these overlapping agencies. The RAPID project in Tipperary has been an outstanding success in the three towns of Tipperary, Clonmel and Carrick-on-Suir. It is only a pity we did not have it in Cahir and Cashel but, none the less, County Tipperary did well out of it. I compliment all the county council officials, the local urban councils and the volunteer project groups, without whom we could not spend a penny of the funding. The volunteers provided all the ducks in a row and they had the responsibility of providing an annual audit and rightly so. Deputy Healy referred to the Tipperary hostel project. I am very proud of that project which has received an investment of €5 million. I was at the official ceremony for turning the sod. I was there when the church was opened. It is a beautifully restored Famine church which was the work of craftsmen and FÁS trainees. Deputy Healy referred to discrepancies which arose in accounting and which I condemn out of hand because it is unacceptable. I sympathise with the staff. The project was closed down because an investigation was needed. At the time I spoke to the Minister responsible, former Deputy Pat Carey, several times. A Garda investigation is under way and Pobal is also conducting inquiries but the participants should not have been penalised for whatever happened at board level. They had to go to the Labour Court to get their redundancy entitlements but they had to wait too long. This must never happen again. As a result, those craftspeople were lost to us when they could have been subsumed into other community employment schemes. I hope the Minister will perform the opening ceremony when it is completed. It is a hostel project for the town of Tipperary which would provide low cost accommodation in what was a Famine house. A mass was said in the beautiful church that day and this church can also be used as a theatre. This was a fabulous project built with taxpayers’ money and volunteer time and it cannot be left unfinished. I ask the Minister, once the investi- gations are finished, to see if funding to finish the project can be provided or at least to secure the building and protect it from vandalism. The sum of money gone astray in this scheme seems to be minuscule but all moneys must be accounted for. I have an issue with the consultancy industry. It seems every project must have a consultant to draw up a plan. I worked with Sister Celestine from east Cork on the board of ICSH, Irish 494 Dormant Accounts (Amendment) 15 November 2011. Bill 2011 [Seanad]: Second Stage

Council for Social Housing. She is a wonderful person, as are most of the sisters who give so much of their time to projects. They have no distractions. At one time, there were two vacancies on the board of Pobal. I indicated I would love to get inside the boardroom to see how it works and she also was interested in doing so. However, the public servants from other Departments did not permit it. I assure the Minister I do not mean to criticise civil servants. However, they told us we could not get on the board because we were recipients of money from Pobal. Of course, we were but we were not robbers. Everything we did was accounted for. If a decision came up for discussion concerning something in which the good sister and I were involved we could have abstained from the meeting. They pulled the wool over our eyes that day and got the position with Pobal. I only wanted to get on board to play an honest part but I would have liked to have seen what went on. It became very bureaucratic and hard to deal with. I do not mean to pick on this point but when a payment would be approved for a project by an engineer, with everything signed off, audited and sent for final payment, nobody would sign the cheque. Contractors would be waiting for the money that had been promised to them. Most Deputies who are involved in such projects will understand my point. One would be trying to get the money after approval and authority were signed off. I was even on holidays at times when this occurred. It was not good enough to treat John or Mary Citizen, the volunteers and enablers like that. We will not come out of the morass we are in at present without them. We need that community spirit and initiative and we require it to be nurtured and propagated by the Government and Departments. I know the Minister, Deputy Hogan, probably understands this better than I do. He has been around longer than I have and is a plain speaker. I realise he is not in favour of this and has certain views about giving responsibility back to the county councils. Although that is desirable it can also leave much to be desired. Some councils have not graced themselves in glory. I do not say they did anything wrong but we saw what the county development boards did regarding promoting projects and supporting community . There are also the enterprise boards and others which do outstanding work. There are good and bad systems. I hope the Minister might meet people from the south Tipperary volunteer centre. I met some of them today. They are under serious pressure. They spoke of a cut of 10%, perhaps more. There is also the south Tipperary community platform, or forum, as exists in all counties. It does great work too. We cannot forget this. Someone put a ban on these people in my county because it was claimed they touched on politics. I know many people who entered politics because of that training ground and the work they did there. Who is better to be in politics? They are doers, shakers and movers. They may not speak in the media about what they do but they do the work on the ground and make an impact on people’s lives, aid the marginalised and the elderly. They speak up for the elderly. I appreciate and respect this. While we have our jostles and other issues on Tipperary County Council in regard to the north and south of the county, we will all come together to beat the Minister’s county next year in hurling. The Minister snatched it from us last year but all is fair in, what shall I say——

Deputy Phil Hogan: Dormant accounts.

Deputy Mattie McGrath: No, this is not a dormant account. It is anything but dormant. Beidh lá eile ag an bpaorach. The Minister’s county team came back last year and celebrated in 2010, snatching the trophy from our hands. I commend it for doing so because we were not mentally focused on the field that day.

Acting Chairman (Deputy Jack Wall): The Deputy was discussing dormant accounts. 495 Dormant Accounts (Amendment) 15 November 2011. Bill 2011 [Seanad]: Second Stage

Deputy Mattie McGrath: Yes. I was having a bit of jocose banter with the Minister. I reiterate we must have political separation at all times. The dormant accounts fund was distributed without fear or favour to many projects and that is mentioned in the Bill. There must be a clear distinction. Like everything else in the country, there is political lobbying for it. It would not be the nature of the work otherwise, from the community up to the county and urban councils and on to us, as Deputies. At the same time there must be a line that can never be crossed. From the figures I mentioned, there is one about which I am sceptical. It featured in the Minister’s speech. I hate to criticise it because I am for rationalisation, streamlining and cutting out red tape. The outside is red tape and what is on the inside is like bailing twine stuck in a bailer. It is at the heart and one cannot get it out. That is where we must go — into that bailing twine, the nylon stuff that is tied up inside official Ireland. It does not come from the elected Government — I was a member of the last Government; the Minister belongs to this one — but that official clasp is like a seal around the heart of things. There is Vaseline or some kind of wax over it and we need a hammer and chisel to break it. It must be broken, however, or the country will go down. We will kill the entrepreneurial spirit of business people, on the one hand, and volunteers and community groups on the other. They are struggling and worried. The media worries them with mention of the cuts in store. These are the people without whom we cannot survive. They are at the match tonight, supporting our team. They give hope to us, to our children and to community groups. I appeal to the Minister to be mindful of that. He knows this better than I do and I thank him for meeting Muintir na Tíre and other such groups since he came to his ministry. He knows what to do in any case, and has good people in his own area. I referred to a namesake of his. They do great work in their volunteering role. They did so last year with Community Alert in inclement weather. I commend the Bill and thank Members for listening to me.

Acting Chairman (Deputy Jack Wall): I understand Deputy Paul Connaughton is sharing time with Deputies Áine Collins, Nicky McFadden and Jerry Buttimer.

Deputy Paul J. Connaughton: I will not mention hurling at any stage but will stick as much as possible to the Bill. I welcome the development mentioned in the Minister’s speech, whereby since he took office there has been a reduction in the number of departmental agencies from 21 to 12. Cost savings in this area are of great importance. I wish to emphasise what it means, both to the Government and the public, to see this level of waste is removed. I encourage the Minister to continue in this line. The decision to dissolve the dormant accounts board is correct, for two main reasons. There is a decrease in the level of funds within it and the removal of the board will save a certain amount of money. This sum may not be large but considering the state of finances it must be taken into account. The level of funds getting into the account is decreasing at a rapid rate. As one who worked in the area of disadvantage for some years, I saw how the dormant accounts money was spent. It played a role in improving living standards for people through money spent on new projects, community groups, etc. This money is very important to com- munities and for many people it opened doors that previously had been closed. It allowed an opportunity to other people who may have believed their chance in education or in life was gone. From the examples I have seen, this money has always been very well spent in areas of real need. That is why I welcome what the Minister stated in his speech to the Seanad, namely, that the objectives underpinning disbursement from the dormant accounts fund will remain 496 Message from 15 November 2011. Select Committee unchanged. This disbursement will assist persons who are economically, socially or education- ally disadvantaged, or who have a disability. That is welcome. Considering the economic times we live in and that, as a Government, we must attempt to balance the books, it is important not to forget the most vulnerable among us. That is why, no matter what changes take place following the passing of this legislation, the fund should be aimed at those who need it most. I encourage the Minister and his Department to continue to work with the many groups who work within the community and explore how best such funds may be wisely spent. These groups are best placed to see how to get the most out of the money. I hope regular consultations will take place and allow these organisations the opportunity to plan how best to do this. One example of the many successes of the dormant accounts fund was the RAPID prog- ramme and the way its money was spent. Areas that were designated with RAPID status can show tangible results, whether providing for the purchase of community buses or allowing educational courses to proceed in disadvantaged areas. These sorts of projects were very quickly visible on the ground. Even though the fund is becoming small I hope they will continue to exist. The Bill transfers the statutory functions of the dormant accounts board to the Minister for the Environment, Community and Local Government. This change will lead to savings that many may consider small but which are still important. Even though the fund involved has decreased it can still be used to fund important projects and I hope the Department will use the money wisely. The Bill will strengthen the oversight of the Government and the Oireachtas in this area. Taking that into account I welcome the fact that any plans for disbursing these funds will be brought before the Oireachtas for debate and scrutiny. At a time when scrutiny of our public finances has never been more important it is important the public believes that even funds which are diminishing are spent as wisely as possible. Perhaps one of the main reasons for this change is the dwindling amount of money in the fund. In 2003 the amount was €198 million; in 2011 it is down to €38.4 million. Disbursal of this money began in 2004, peaked in 2008 with €73 million being distributed, and went down to €20 million in 2010. Considering the decline in the level of the fund it is hard to justify the need for a board to oversee it. The board itself raised some concerns about this matter, stating that bringing the fund into the Department may be seen as streamlining the money along with other services and projects. However, from what the Minister stated, I do not believe this will become an issue. It will be necessary to ring- fence the money within the Department from now on and give it to those who need it most. I encourage the Minister to spend this money in a proper way when he sets out budgets on a yearly basis for relevant Departments. I welcome this Bill which will allow the State to save money while continuing to focus the fund into specific projects that will benefit from it. I encourage the Minister and his Department at all times to consult with relevant bodies to continue with the great work they do.

Debate adjourned.

Message from Select Committee Acting Chairman (Deputy Jack Wall): The Select Committee on Justice, Defence and Equality has completed its consideration of the Criminal Law (Defence and the Dwelling) Bill 2010 and has made amendments thereto.

497 Mental Health 15 November 2011. Services: Motion

Private Members’ Business

Mental Health Services: Motion Deputy Maureen O’Sullivan: I move:

“That Dáil Éireann:

noting:

— that one in four Irish persons will experience a mental health issue at some point in their lives;

— that good mental health is an integral component of general health and well-being and recognising the importance for all citizens to achieve and maintain optimum mental health;

— that mental health worryingly represents just 9% of the Health Service Executive, HSE, work force yet accounts for 20% of the loss of posts in 2010;

— the disturbing increase in drug induced psychosis of recent years;

— the significant collaborative work of the document, A Vision for Change, the com- mitments contained in the strategy and its placing of the service user at the centre of the mental health services;

— that funding for mental health has dropped from 13% of the health budget in 1986 to just 5% in 2010, while A Vision for Change target is 8.4%;

— that Community Mental Health Teams, CMHTs, are understaffed;

— that adult CMHTs have 50% of the required clinical psychologists, 60% of the required social workers and 50% of the required occupational therapists;

— that child and adolescent teams have 41% of the total staffing required under A Vision for Change;

— that the independent monitoring group for A Vision for Change reports that it “is alarmed and concerned at the complete lack of progress in the Psychiatry of Old Age, Intellectual Disability, Liaison Psychiatry, Eating Disorder, Recovery and Rehabilitation, Co-morbid Substance Abuse and Mental Illness, Neuropsychiatry and Borderline Personality disorder [services]”;

— that properly and adequately resourced community services are crucial in helping people recover from mental health issues and so prevent hospitalisation;

— that there are mental health difficulties amongst individuals with drug addiction issues, known as dual diagnosis; and

— that there has been a disappointing lack of progress on implementing plans in the area of mental health as set out in the Government Programme for National Recovery; while welcoming that there have been examples of positive change in the area of intellectual disability with the recent announcements by the Government on the development of the national mental health service and the appointment of executive clinical directors with 498 Mental Health 15 November 2011. Services: Motion responsibility for the mental health of people with intellectual disability, yielding positive outcomes in certain parts of the country, accepts that:

— access to mental health services for people with intellectual disability, ID, remains extremely difficult;

— the approved centre for people with ID at Stewarts Hospital has been closed, there- fore there is currently no publicly funded specialist approved centre for people with ID in the country; and

— this closure has resulted in a situation whereby, for a small number of people, the HSE must now, on an ad hoc basis, fund private sector agency places which are not being inspected adequately; and

calls for:

— funding for mental health services proportionate to its prevalence and role in over- all individual and societal well-being;

— the ring-fencing of €35 million annually from within the mental health budget to develop community mental health teams and services as outlined in both A Vision for Change and the programme for Government;

— a commitment that the overall mental health staffing be maintained and funding for posts preserved at the level of budget 2011;

— provision of adequate capital funding in 2012 to continue the closure of psychiatric hospitals and the transfer of service users to appropriate community-based prog- rammes and accommodation;

— a commitment that the overall mental health budget service staffing level be main- tained and funding for posts preserved at the level of budget 2011;

— a commitment to the psychological and social aspects of mental health treatment as well as the biological and medical interventions;

— the deletion of paragraph (b) of section 59 of the Mental Health Act 2001;

— the design of mental health facilities to be aesthetically pleasing, taking account of international best practice;

— a commitment that the first clinical encounter focus on the client and that the voice of the service user be respected and at the centre of the recovery plan;

— the reduction, and eventual elimination, of the use of stereotypical language in relation to mental health with a commitment to reduce and remove stigma;

— a statement from the Mental Health Commission and the Health Information and Quality Authority to state immediately what portions of ID services each agency should inspect in order to remove the vacuum that remains around quality development;

— the continuation of the current training in nursing with the specific skills basis for those who will work in the areas of mental health and intellectual disability;

— the commitment to the International Declaration on Youth Mental Health; 499 Mental Health 15 November 2011. Services: Motion

[Deputy Maureen O’Sullivan.]

— recognition of mental health for asylum seekers and refugees;

— increased provision of immediate access to mental health series and quality psycho- therapeutic supports for drug users and no further cuts for those projects and prog- rammes in communities working with those suffering from addiction; and

— appropriate services for those with mental health issues in our prisons.

I would like to share time with Deputies Seamus Healy, Thomas Pringle and Stephen Donnelly.

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

Deputy Maureen O’Sullivan: The first question I would like to ask is what is mental health. Many people consider it is a question of somebody with a mental illness. We know that one in four people will develop a mental issue at some point in their lives. I think mental health has to do with all aspects of our lives. Sometimes it is more important than our physical health. We know what we should do to look after our physical health, even if we do not always do it. We know why we should take exercise, what kind of food we should eat and how much sleep we should get. We know to avoid alcohol, cigarettes and drugs. Do we pay the same attention to our mental health as we pay to our physical health in order to ensure personal optimal mental health? I believe both are linked. Things that help our physical health will also help our mental health. More strategies and programmes in areas like meditation, yoga and mindfulness are needed to ensure we look after our mental health. We need to look at the importance of self-esteem, real communication, positive relationships and relaxation. It is possible for someone who is physically unwell to be well mentally. Some good articles in a recent health supplement in drew attention to various aspects of mental health. We need more of that. I would like to emphasise that we should not create an illness out of normal distress. We all suffer bereavement. Grief is natural. There are stages in the grieving process we have to go through. There has been an alarming increase in the use of anti-depressants and medication by people in such circumstances. We should allow the grieving process to take its natural course and acknowledge the need for space and time of the person who is grieving. He or she should be listened to in an empathic way. Children can be bold. They have high energy. They can present with challenging behaviour. They will not do as they are told. Some parents have difficulties with them. We can be very quick to put a label on such children and prescribe drugs to them. Naturally, there are times when we all suffer from depression. We use the word “depression”, which comes in various degrees, when we feel down. There is a propensity for anti-depressants to be used in such circumstances. I welcome the guidelines on the management of depression in primary care that have been drawn up by the College of Psychiatry of Ireland and the Irish College of General Practitioners. There are various procedures for dealing with mild depression, and moderate to severe depression. The colleges use terms like “watchful waiting”, “psychological intervention”, “social support” and “exercise programme”. Depression and anxiety are common mental ill- nesses in older people. The independent monitoring group has recognised the lack of progress in the psychiatry of old age. Depression needs to be treated. There are various treatments. I do not want us to drift further into the “pill for every ill” syndrome. The 2010 medication report of the mental health services referred to the overuse of medication in inpatient services. It reported that 57% of inpatients are being prescribed benzodiazepines. In one psychiatric unit, benzodiazepines were 500 Mental Health 15 November 2011. Services: Motion prescribed to 97% of patients. The question of community care arises in this context. Too many Victorian-era psychiatric hospitals are still open. We cannot close them if that means leaving their clients exposed. We need multidisciplinary care teams in the community, as set out in A Vision for Change. Just 20% of community mental health teams have the full range of dis- ciplines that are recommended in A Vision for Change. Just 12% of teams have them on a full- time basis. Staffing is another major issue. We do not have required number of psychologists, occupational therapists or social workers. According to the Mental Health Commission — we knew it anyway — recessions are times of high stress. Unemployment, debt and poverty have a significant impact on mental health. The chair of the commission has said that “economic difficulty leads Government to postpone necessary investment in mental health services in recessionary times”. The irony is that at a time of increasing stress and strain, there are fewer resources. The Celtic tiger contributed to mental ill health. Our President spoke out on this issue on Friday when he referred to “individu- alism” that is closer to an “egotism based on purely material considerations”. Mental health is the Cinderella of the health service. It is not the Government’s fault that it does not get the proportion of funding it needs — it is the fault of every Government since the foundation of the State. The Cinderella within that Cinderella is the area of intellectual dis- ability. The motion before the House acknowledges and welcomes the positive appointment of executive clinical directors with responsibility for the mental health of people with intellectual disabilities. The gaps are disturbing, however. The motion refers to the approved centre at Stewarts Hospital in that context. I acknowledge the work of St. Michael’s House and other services that are flexible, creative, resourceful and inventive in developing new and cost-effec- tive ways of delivering services and dealing with cuts to date. The service user has to be at the centre of the recovery process. I support the call for the first clinical encounter to focus on the client. If the client is not in the sort of space to make a decision, which can happen, he or she will be entitled to dignity and respect. There is a need for peer advocacy. Mental health advocates want the forthcoming legislation to ensure that those who could make a decision with the assistance and support of an advocate are given the opportunity to do so before a guardianship is considered as a last resort. There is some good international practice in this regard. I am in favour of the inclusion in the legislation of sup- ported decision-making and independent advocacy. The frameworks that will specify how the systems work will also be a priority. I could stand up here and say I have cancer, angina, a broken leg, diabetes or arthritis. It would be different and difficult for me to stand up here and say I have had a breakdown, I am an addict, I have an eating disorder, I have trouble with my nerves or I am an alcoholic. We do not say such things. Instead, we hide them. That brings an added pressure. We have to be comfortable in being as open about mental illness as we are about physical illness. There are examples of absolutely horrible expressions that are used to describe those with mental health issues. Such labels have to be challenged. The Minister of State, Deputy Kathleen Lynch, and I are both familiar with Mr. John McCarthy, who is a proud member of the Mad Pride community. He established Mad Pride Ireland. He has spoken about the normality of madness. He deplores the way society has been allowed to think the mad community is dangerous and to be feared. For Mr. McCarthy and others, madness is an everyday occurrence that affects everyone and can be dealt with in an open and loving way with no fear. Mr. McCarthy and others are particularly critical of the “one size fits all” approach to treatment. I believe the pharmaceutical industry needs strict ethical and moral boundaries. I acknowledge those people who have spoken out about the high use of seclusion and restraint, particularly those who were over-medicated and forgotten about in 501 Mental Health 15 November 2011. Services: Motion

[Deputy Maureen O’Sullivan.] institutions. It is important to note that the Mental Health Commission has reported on the uneven use of seclusion and restraint across the country. I would like to speak about this country’s suicide statistics. It is difficult to get accurate statistics, for obvious reasons. Of the 486 people who are known to have died by suicide in 2010, some 386 were men and 100 were women. This 4:1 ratio is replicated in other parts of the world. It comes back to the question of stereotyping. The ideal man is supposed to be a strong individual who does not show his vulnerability and is able to solve his own problems. It is not seen as masculine or macho to share problems or discuss feelings. Male suicide has to be targeted. A Scottish campaign, Choose Life, which was run with the Scottish Football Association, reduced the male suicide rate by 15%. The slogan used in a campaign involving US war veterans, among whom asking for help is not considered to be very manly, is “it takes the courage and strength of a warrior to ask for help”. The cross-party group on mental health in the Oireachtas has introduced SafeTalk training for staff. I acknowledge the ASIST training that takes place. We have to delete paragraph (b) of section 59 of the Mental Health Act 2001. Under the current mental health laws, ECT can be used on a patient who is unwilling or unable to give consent as long as it is approved by two consultant psychiatrists. There are grave reservations about this because of the diverse evidence on it. It is used as a method of torture in certain countries. We know about the disproportionate loss of staff in the mental health services. In our motion, we mention the need to continue the current nursing training, with particular skills being taught to those working with intellectual disability and to psychiatric nurses. We are aware that fund- ing decreased from 13% of the health budget in 1986 to 5% of the budget in 2010. The target in A Vision for Change is 8.4%. The assistant director general of the World Health Organis- ation has made the point that Governments tend to spend most of their scarce mental health resources on long-term care in psychiatric hospitals. That is a worldwide phenomenon. This money needs to be invested at primary care level to reach more people and address the prob- lems at an earlier stage. Prevention is vital and it goes back to more focus on, and more awareness of, our mental health. The home, school and society have a role to play. We must celebrate difference and not be afraid of it. We must acknowledge the work of groups like the Samaritans, Bodywhys, Aware, Jigsaw, AA, NA and Headstrong. The Departments must also take on A Vision for Change, whether the Department of Jobs, Enterprise and Innovation, the Department of Social Protection, the Department of the Environment, Community and Local Government in regard to housing issues, the Department of Arts, Heritage and the Gaeltacht or the Department of Tourism, Culture and Sport. People in prison, people who are homeless, people with addiction issues and refugees and asylum seekers all have very particular mental health issues. I was at something earlier at which the point was made that as the numbers in our psychiatric institutions go down, the numbers in our prisons go up. That is pretty frightening. I acknowledge the amendment. I find Private Members’ business frustrating because we are all on the same wavelength on this issue and I acknowledge what is in the amendment and the work of the Minister of State, Deputy Kathleen Lynch, and of the former Minister of State in the previous Government, John Moloney. If I go into an accident and emergency department with a broken leg or chest pains, I might have to wait a few hours but I will be dealt with. Where do I go if I have a mental health issue? I could be waiting and waiting. 502 Mental Health 15 November 2011. Services: Motion

Deputy Stephen Donnelly: I am not an expert on mental health so in preparation for the motion, I spoke to mental health professionals on the medical side, the clinical therapeutic side and the complementary therapy side. I also spoke to people involved in community-based care and in hospital-based care and I have had input from constituents in Wicklow, both from those involved in community-based provision and those who have had experience of mental health service provision over the years. Broadly speaking, I have heard four things from all groups which are very much reflected in the programme for Government and in many of the things I have heard. First, mental health services in Ireland do not receive the attention and resources they need and deserve. Second, the approach to mental health in Ireland to date has been overly focused on medical treatment and in spite of some great local successes, service provision has not advanced as quickly as it needs to and should have by now. Third, the existing service provision is highly variable and the level of service provision for mental health depends to a huge degree on where one happens to live in the country. Fourth, there are steps which this new Government can take immediately to have a real, significant and quick impact on the provision of mental health services and outcomes across the country. I would like to speak to those four points. In terms of funding and staffing, it was shocking to find that funding for mental health as a percentage of the total health budget has fallen from 13% in 1986 to 5% in 2010. The recommendation in A Vision for Change is 8.4%. It was truly shocking to see this massive fall off in funding for mental health at a time when, globally, awareness and funding were increasing. Good quality mental health provision is more person- nel intensive than many areas but it is massively under-resourced. The figures for community mental health teams really shocked me. I found that adult teams have 50% of the required psychologists, 50% of the required occupational therapists and just 60% of the required social workers. Even worse, the child and adolescent teams have just 41% of the staffing recom- mended in A Vision for Change. It is absolutely appalling that they must try to provide this service with just 41% of the staffing recommended. Similarly, we see that mental health services are suffering more from the hiring embargo than other areas. We know that mental represents 9% of the HSE workforce but accounts for 20% of posts lost in the HSE in 2010. There is something very wrong there which might provide a real opportunity for the new Government. The approach to mental health focuses far too much on medical treatment and service pro- vision is not advancing as well as it should. I do not know about mental health but I have been involved in health care configuration and what I have found is that the principles are exactly the same for modern mental health care. One invests in promotion and prevention and one provides medical, therapeutic and complementary treatments and care in the community wherever possible. One really only brings people into acute hospital care when it is absolutely necessary and right for them, which is something we are not seeing. Certainly, the professionals to whom I spoke said that is not standard in Ireland. What I found is that in mental health, in particular, increased promotion and prevention and early detection and intervention are critical for our youth population. Some 50% of adults diagnosed with a mental disorder may have developed that disorder by the age of 14, and 75% of those who are diagnosed will have developed that disorder by the age of 24, so it is not like general health which works the other way in that a vast proportion of the intervention comes in older age. What I have heard consistently is that this focus on and intervention in the youth population is not happening as much as in general medicine but here it is like not helping older people in general medicine. It is a huge challenge and opportunity for the new Government. 503 Mental Health 15 November 2011. Services: Motion

[Deputy Stephen Donnelly.]

A Vision for Change was completed in 2006. It was a collaborative process. The medical community seems en masse to have contributed to and bought into it. What I have learned is that many of the medical professionals who contributed to it feel very let down by the lack of implementation. I read that the independent monitoring group reported that it was alarmed and concerned at the complete lack of progress in the psychiatry of old age, intellectual dis- ability, liaison psychiatry, eating disorders, recovery and rehabilitation, comorbid substance abuse, mental illness and so on. Clearly, there are major concerns in terms of the lack of imple- mentation. We have had some great successes. We have Headstrong which targets youth. I commend the Minister of State on the recent €3 million in funding given to Headstrong. We have seen its Jigsaw programme in a small number of areas begin to reach out, raise awareness and engage in promotion. I understand it lacks clinical therapeutic services, which might be something at which to look. We have the DETECT programme based in Blackrock which targets the adult population. It serves south County Dublin and my constituency of Wicklow. What I like about it is that it has four pillars, namely, mental intervention if necessary, cognitive behavioural therapies, occupational therapy and what I thought was really nice, family education. It does not just target the service user but surrounds them with education and awareness. My under- standing is that, unfortunately, it is the only service of its type in the country. The tunnel project, which has been set up in my constituency of Wicklow, is another example of a wonderful initiative. It is a horticulture-based project which, to date, has provided meaning- ful occupational therapy to 40 service users. It targets mental health and has the secondary benefit of physical health. There is a lot of small scale success which I hope the Government will look to increase. The figures in regard to service provision and geography were staggering in terms of the level of inequality. The 2010 Mental Health Commission report shows huge variations in the staffing targets being met and in the per capita spend for the super catchment areas. For example, Carlow-Kilkenny has reached 96% of its staffing targets under A Vision for Change but south Dublin and Wicklow have only reached 50% of the target which is the lowest in the country. Similarly, Dublin north shows a per capita spend on mental health of €268 while Galway west receives just €96. There is extraordinary inequality in the system. While I am on the subject and as a representative for Wicklow and east Carlow, I note for the Minister of State that my constituency regularly comes in at the bottom or close to it in terms of hospice and acute care. I have been quite shocked by the fact that it comes very close to the bottom in many areas. What can we do? I acknowledge the Government’s commitment to this in the programme for Government and in recent activity such as giving Headstrong some badly needed funding to scale up its activities. What are the issues? The issues are that there is very little money for anything at the moment, the extraordinarily slow progress in implementing A Vision for Change and the huge inequality. I would like to suggest a few ideas to the Minister of State. First, we must move from 5% of the total health budget given over to mental health services to 8.4%, as recommended in A Vision for Change. Such an increase, nearly 50%, would be very welcome. I support the Mini- ster’s commitment to ring-fence €35 million annually for the provision of community mental health teams. I call on the Government, however, to fulfil immediately the staffing targets as set out in A Vision for Change or at least put in place a clear plan with targets and timelines on how they can be achieved. It is obvious we are miles behind in this regard. 504 Mental Health 15 November 2011. Services: Motion

Will the Government provide adequate capital funding for the continued closure of the old psychiatric hospitals and the transfer of those service users to community-based programmes and accommodation? Investment must also be made in ensuring community-based care is located in appropriate facilities. I understand many of the new facilities are dilapidated church halls and so forth, inappropriate for anyone using a health system. Many of them do not have general health facilities which means blood pressure tests and various other scans cannot be carried out, many of which are necessary for mental health patients on particular medications. The national roll-out of early intervention for psychosis services, such as DETECT and other holistic programmes, would be very welcome. I would also welcome staff training for medical staff in emergency and accident departments and GP practices who could triage, increase awareness, intervene in cases of alcohol dependency and so forth. Will the Minister of State ensure those with mental health difficulties have access to general medicine which they cur- rently do not?

Deputy Seamus Healy: Mental health services continue to be the Cinderella of the health system. As other Members pointed out, the amount of overall health funding given over to mental health services has reduced considerably from 13% several years ago to 5% in 2010. A Vision for Change recommended the figure should stand at 8.4%. Mental health services have lost significant numbers of staff owing to early retirement schemes and recruitment mora- toriums. While mental health staff comprised only 9% of the total health services complement, they have been reduced by 20%. It can be argued provisions for this area have actually wors- ened over the past 20 years. If mental health services are to be given the priority and its service users given community-based treatment, the financial and staffing resources must be increased. Services and staffing levels cannot be maintained on current funding. A Vision for Change is an integrated package of measures to provide community-based and inpatient mental health services for users. While the policy was first announced in 2006, little progress has been made in implementing it since then. In those areas where progress has been made, a welcome culture change has been introduced in mental health services with a move to community-based services away from the medical led model. There is no doubt community services, provided by home-based teams and day hospitals, are the future of mental health service provision. This can only be developed if proper funding, resources and staff are made available. Access to these services by service users and their families is vital. Recovery for many service users would be difficult unless they had the full support of their families and friends. Providing such services in a local setting goes a long way in doing so. I disagree with the Government’s policy of cherry-picking elements of A Vision for Change by providing reduced services, resources and staffing. In recent weeks a home-based team was put in place in south Tipperary. A Vision for Change recommended such a team would com- prise a team leader, a consultant psychiatrist, a non-consultant hospital doctor, several nurses along with allied health professionals such as occupational therapists and social workers. The team in south Tipperary has neither a team leader, a non-consultant hospital doctor on call or any other health professional. A Vision for Change cannot be implemented in such a fashion. Any community-based service must include vital inpatient acute services for the small number of patients who may require them.

Deputy Mattie McGrath: Hear, hear.

Deputy Seamus Healy: In line with A Vision for Change, such acute services must be pro- vided locally. Service users in south Tipperary have been seeking a meeting with the Minister of State, Deputy Kathleen Lynch, for some time. Will she inform us when it will take place? 505 Mental Health 15 November 2011. Services: Motion

[Deputy Seamus Healy.]

I also ask the Minister to indicate when the Shanker report on St. Michael’s acute unit in South Tipperary General Hospital will be published. My Oireachtas Member colleagues and I were told in March of this year that it would be published within a month. It was not. I raised the matter again at a meeting of the Joint Committee on Health and Children in 8o’clock July of this year. I have correspondence from a senior national director of the Health Service Executive who told me it would be published on 23 July. It still has not been published. I met senior HSE personnel yesterday in south Tipperary and again asked if it has been published but it has not and we have not been given a date for the publi- cation of the report. I ask the Minister to tell us when replying when that report will be published. I accept the A Vision for Change policy and that community based services are the future of the mental health services but I am adamant that the small number of inpatient acute beds that are necessary under A Vision for Change should be provided locally in St. Michael’s acute unit in South Tipperary General Hospital.

Deputy Thomas Pringle: I welcome the opportunity to speak on this important Technical Group motion on mental health services. As we all are aware, one in four of us will experience problems with our mental health. It is part and parcel of being human and living our lives in today’s climate. No one should ever be ashamed to seek help and no one should ever have to suffer in silence. Too many lives have been lost in our country due to inadequate mental health services and the lack of out of hours cover for people who are in desperate need. People who are experienc- ing problems with their mental health need availability to services 24 hours a day, seven days a week. These people do not have a collective voice and are in a very vulnerable situation. A Vision For Change was adopted as policy four years ago and given the slow pace of reform there is a risk that with any more significant delays as a policy it will be rendered out of date or unimplementable as the original end date of 2012 for its implementation draws closer. A Vision for Change is widely accepted by everybody involved in mental health services as being very positive, if only it was implemented. The lack of progress to date does not reflect the commitment or expectations of stakeholders, clinical staff or health service management who want to see the full implementation of A Vision for Change. I take the opportunity to praise the staff of Donegal County Council who assisted me during the summer with a number of cases of people with severe mental health difficulties. They went above and beyond in that regard. They did not adopt a bureaucratic attitude but one of wanting to help and ensure those people could be safe and have accommodation that would ease some of their burden. A Vision for Change proposes a holistic view of mental health and recommends an inte- grated, multidisciplinary approach to addressing the biological, psychological and social factors that contribute to mental health problems. It proposes a person-centred treatment approach which addresses each of these elements through an integrated care plan and reflecting best practice. Special emphasis should be given to the need to involve service users and their families and carers at every level of service provision. Interventions should be aimed at maximising recovery and building on the resources available to service users and within their immediate social networks to allow them achieve meaningful integration and participation in community life. The non-capital expenditure on mental health services in 2009 was €770 million. That was in comparison to €1.1 billion in 2008. Spending on mental health has dropped from 13% of the 506 Mental Health 15 November 2011. Services: Motion overall budget in 1986, as outlined by previous speakers, to 6.4% in 2009 and 5.3% in 2010. A Vision for Change recommends that the rate reach 8.4%, which is still a low level of commit- ment compared to international standards. The equivalent rate is 12% in England and 18% in Scotland, with other European countries allocating over 20% of their total health spend on mental health services and support. The staff moratorium has disproportionately impacted on mental health services. Mental health represents just 9% of the health care workforce but accounted for 20% of the 1,500 posts lost due to the moratorium. That situation must be reversed if we are to have any mean- ingful progress in regard to assisting people with mental health difficulties. In our society attitudes around mental health lead to stigmatisation, discrimination and social exclusion for those with mental health issues. Those attitudes and behaviour towards the issue of mental health have a direct impact on the experiences of those with difficulties. It impacts on their lives at home, at work and potentially in many social contexts. It is vitally important that we encourage people to seek help at an early stage and remove that stigma. The people who avail of counselling services should be able to say that with pride rather than try to keep it hidden from their neighbours so that they do not feel there is anything substantially wrong with them. What has been lacking in mental health services also is advocacy and groups who support and advocate for change. I welcome the See Change campaign that has been taking place, which is very important. The Mental Health Commission and Amnesty International have also been campaigning for mental health reform. That is positive and should lead to real change because all of us who are politicians respond to pressure from groups. In many cases the crying baby gets fed first. It is important that we have strong advocates in the community who are monitoring everything being done and highlighting to us at all times that people are not getting the delivery of services they need. If we compare it to the Disability Act and the disability strategy we can see how organised the disability groups are in that area. They are constantly lobbying and highlighting to us what is needed and we must get to that stage within mental health also. I welcome the move by any groups that will highlight the lack of progress and encourage us to keep working to ensure that progress is made on mental health priorities within society. I hope this debate can contribute to highlighting the issues and encourage people to come together and work towards change by pushing the political groups and the health services to ensure we have real change and real implementation of A Vision for Change. I am aware the Minister of State is keen to ensure that happens and will work towards making it happen but we would all welcome having those groups pushing us along the road as well, which would make for a more inclusive programme.

An Leas-Cheann Comhairle: I call the Minister of State, Deputy Kathleen Lynch, who I understand is sharing time with the Minister of State, Deputy Shane McEntee.

Minister of State at the Department of Health (Deputy Kathleen Lynch): I move amendment No. 1:

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

“notes that:

— good mental health is an integral component of general health and well-being and recognises the importance for all citizens to achieve and maintain optimum mental health; and 507 Mental Health 15 November 2011. Services: Motion

[Deputy Kathleen Lynch.]

— about one in four people will experience some mental health problems in their lifetime;

welcomes the:

— significant progress which has been achieved to date in the implementation of the 2006 strategy on mental health outlined in ‘A Vision for Change’ including, in particular, improved child and adolescent mental health services, fewer involuntary admissions and the involvement of service users in all aspects of mental health policy,service planning and delivery; and

— recent announcement on capital allocations for the health sector which includes the replacement of the Central Mental Hospital, the development of a 10-bed Intellec- tual Disability Forensic Mental Health Unit, a 10-bed Child and Adolescent Foren- sic Mental Health Unit as well as four regional Intensive Care Rehabilitation Units in line with the recommendations of ‘A Vision for Change’, to enable the delivery of a modern National Forensic Mental Health Service; and

acknowledges that:

— this Government has further prioritised the reform of the mental health service, in line with ‘A Vision for Change’, in the Programme for Government, which provides for the ring-fencing of €35 million annually from within the health budget to develop community mental health services and to ensure early access to more appropriate services for adults and children;

— the Health Service Executive (HSE) is currently working closely with the Depart- ment of Health to finalise a development plan to ensure mental health services are targeted where they are most needed with service user involvement in a system which will be heavily recovery focussed;

— the plan, when completed, will identify specific recommendations of ‘A Vision for Change’ that can be progressed over the next three years, with timelines, detailed costs, structures and identifiable person(s) responsible for driving the change and that issues related to staffing levels and the impact on this service of the moratorium on filling posts in the public sector will be examined in this context;

— the plan will include provision for clinical care programmes especially in the areas of complex psychological conditions such as eating disorders, common mental health problems and early intervention in psychosis;

— the HSE will continue in its Capital Plan for 2012 and future years to provide for the phased closure of older psychiatric hospitals and investment in more community based facilities;

— the Department of Health is already developing a proposal with the HSE and the Health Information and Quality Authority (HIQA) for the commencement of the provisions of the Health Act 2007 in relation to the regulation, registration and inspection by HIQA of residential services for people with disabilities; and

— the Department of Health has commenced the promised review of the Mental Health Act 2001 which is planned to be completed by June 2012.” 508 Mental Health 15 November 2011. Services: Motion

I wish to share time.

An Leas-Cheann Comhairle: There are 20 minutes available.

Deputy Kathleen Lynch: I thank the Technical Group, the Independents and the various people who contributed to the debate on the motion because as the previous speaker said, we need advocates in society to speak about our mental health or our emotional well-being. It is important that we recognise our emotional well-being, and it is not just about different groups or people speaking themselves. It is us speaking as well, which is very important because we deem ourselves to be the representatives of the people and as most contributors said, one in four of us will experience emotional difficulties at some point in our lives. We must speak for them as well. There is no doubt that mental health has been the Cinderella of the health service and that there have been shortcomings in terms of the delivery of service. I met Barry Desmond at Dublin Castle the other night and he said he had heard I had got his old job to which I replied, “Yes, and I think everyone else’s as well”. When I saw this motion had been tabled I checked it out because it deals with an issue that was very close to me. I still have a copy of Barry Desmond’s Planning for the Future, which was published in 1984. Planning for the Future and A Vision for Change are quite similar. It is not that we do not know what needs to be done, we do. The stigma that has been attached to the issue of emotional well-being and good mental health is such that we have not spoken out or been free with our comments. I am accustomed to citing the words of Barbara Brennan who stood up in front of 600 people and said: “Iam Barbara and I am bipolar.” When none of us reacted to her statement she asked whether we would find it peculiar if she had stood up and said: “I am Barbara and I am chest infection.” We would have found it peculiar had she done so. The manner in which we judge people who have emotional difficulties or whose mental health is not great at certain points is a problem. We need to keep saying this. I speak aloud about this issue as often as possible because that is the only way to get a reaction. We used to talk about cancer by placing our hands over mouths and saying someone had the “big C” or “the other thing”. We did so because we did not understand the disease and were not aware that early detection and proper intervention could cure it. We understand this now and we must reach a similar understanding in terms of mental health. We must keep talking about the issue which is not alien but part of us. My predecessors, including Mr. John Moloney, Mr. Tim O’Malley and Mr. Barry Desmond, knew what the issue was. As Deputy Pringle stated, it is very much about society. I speak to people about different issues and I am often asked how one gets elected. The great progress that has been in society has not come from this House. Although we eventually legislated in certain areas, the progress was made by groups outside who pushed us to introduce the relevant legislation. This is a societal issue which no Government can address on its own. My prede- cessor, Mr. John Moloney, was as committed to A Vision for Change as I am. Sometimes, however, the time is not right. I believe this is the right time. A Vision for Change was widely welcomed when it was first introduced. Everyone agreed it was the way forward, as they did in respect of the Planning for the Future strategy. Although implementation has been slower than expected, significant progress has been made in closing the old, traditional psychiatric hospitals and providing more acute inpatient facilities. The clos- ures include up to 12 such institutions such as the famous St. Ita’s and St. Brendan’s hospitals in Dublin as well as smaller hospitals in every region. Where the hospital has not been closed, at a minimum it will not accept new admissions. We must be conscious that institutions become home for those who have been in them long-term. It is important, therefore, to be careful 509 Mental Health 15 November 2011. Services: Motion

[Deputy Kathleen Lynch.] about how we move such people on. In that regard, I recognise that all the contributions have been sensitive and well researched.

Deputy Peter Mathews: Hear, hear.

Deputy Kathleen Lynch: Approximately one in four of us will experience mental health problems in our lifetime. Above anything else, this tells us we must mind our mental health. The State has an obligation to its citizens to mind them and ensure, in as far as it is possible, they are enabled to attain the highest possible quality of life. The way in which mental health is treated is about how we live our lives. The 2011 budget provided special consideration for the mental health and disability sectors and sought to ensure a reduction of 1.8% in the 2011 allocation for these sectors. This relatively low reduction, when compared with other sectors of health, recognised that mental health and disability services are provided to vulnerable groups. Approximately €920 million was provided for mental health services in 2011. Some 90% of public mental health services are provided at primary care level and expenditure on these services is not captured in the €920 million figure. An earlier contributor referred to the lack of access to primary health care services. If one has emotional difficulties or one’s mental health is not as it should be, this should not preclude one from accessing normal health services. Mental health services and the teams required must become part of the primary care infrastructure. The interconnectedness we are trying to intro- duce in the health service will be very important. If one visits one’s general practitioner because one is having a mental health or emotional difficulty, the GP’s first port of call should not be an acute unit or a prescription but a referral to the counsellor or psychiatric nurse working in the adjacent room. The psychiatrist is the last person one needs to see. While psychiatrists are extraordinary people, they only need to treat about 5% of the population. Early intervention in a wrap-around system involving community, friends and low level counselling and psychology is what is required. The Department has requested the Health Service Executive to prepare an implementation plan which will identify specific areas of A Vision for Change and reach-out that can be pro- gressed over the next three years, with timelines, detailed cost structures and identifiable per- sons responsible for driving the change. Until now, we knew what we had to do and where it needed to be done. Deputies are correct that services are patchy, with excellent services avail- able in some areas and no services available in others. We must identify needs and who is responsible for delivering on them. The difficulty until now has been identifying who is respon- sible for driving change. There are 61 child and 124 adult community mental health teams working throughout the country, not all of which are fully staffed. These constitute the backbone of our A Vision for Change project. Each team must have representation from a number of core areas, including psychiatry, psychology, social work, occupational and other therapy and mental health nursing. It is intended that the HSE implementation plan will include a strategy for restoring the multi- disciplinary composition of the community teams to appropriate levels to deliver the required services in their respective areas. A Vision for Change provides detail on what is needed and what population will be dealt with. John McCarthy, whom I met last night, is correct that one size does not fit all. Some people will need six sessions of treatment, while others may need services for two years. However, everyone must realise that recovery is possible. Above all else, the notion that a mental health problem is a lifelong condition must be dispensed with because it is not true. I meet people daily who have recovered and made enormous progress in their lives. 510 Mental Health 15 November 2011. Services: Motion

Excessive prescribing occurs across the health system. One of the problems in the mental health system is that prescriptions are sometimes not reviewed for as long as ten years. In some cases, the effects of medication become so embedded that they are greater than the effects of the condition the medication is supposed to treat. We must do something about this problem. The national stigma reduction campaign, See Change, was launched in April 2010 and con- tinues this year with the aim of positively changing social attitudes and behaviour, inspiring people to challenge their beliefs about mental illness and be more open in their attitude and behaviour, and encouraging people in distress to seek help. Deputy Maureen O’Sullivan is correct. Which one of us would have the courage to state that he or she had a breakdown at 16 years and does not remember anything about the following four years? We know what would be the reaction of others. People who have emotional distress or mental health issues are not foolish. They know exactly what the reaction will be, and we have got to stop that. See Change, Make a Ripple and Reach Out are useful in respect of the technological advances we can make for young people. These people are the key. Most mental illness occurs in ado- lescence. That is when it first presents. Where are those people? They are online. They are looking to new technologies and Reach Out and Make a Ripple are the areas where we will find those people and connect to them. We have to be careful because the Internet sometimes is not a safe place. We must ensure that those programmes are safe and monitored, but it is there that we will reach our young people. Jigsaw and Headstrong also represent all the things we need. Even though we are in a deep dark hole with the IMF and have no funding, we managed last week for the first time in years to pull the Central Mental Hospital across the line. The Central Mental Hospital will not just be one building. It will consist of three units. The first is the Central Mental Hospital itself. The second will be a specific ten bed unit for people with intellectual disability who have difficulties and who we are sending abroad because we cannot manage them. We will also have a child and adolescent unit, which will deal with children who we are again sending abroad because we cannot manage. There will be four regional centres, where people currently in the Central Mental Hospital can be managed nearer their own homes. We have people in jail who have severe mental illness and who should be in a more appro- priate setting, and we cannot take them out because we do not have the room. In all of this awfulness to do with the lack of resources, the Government has recognised that this is a key part of the puzzle if we are to solve it. We are going to solve it and the money has been set aside for it. We are making progress with the €35 million per annum for three years promised in the programme for Government. It is all about the multidisciplinary teams. The moratorium disproportionately affects the psychiatric services for a very good reason. People who work in the psychiatric services are, on average, older than people in the rest of the health service and they can retire earlier. With the tough job they do and with the service they provide, who can blame them for taking that opportunity? I know I cannot blame them. In order to put A Vision for Change in place, we will need an additional 450 posts and we need to breach the moratorium to do that. The last Government breached the moratorium on two separate occasions for psychiatric nursing posts and it should be commended for that. If we keep saying that we are going to do things differently, then we have to appreciate what has gone before as well. That Government did breach the moratorium and we will do so as well. The 450 posts will not be put in place over one year, because the people we need probably are not available in that one year and they have other commitments, but it will be over a three year period.

511 Mental Health 15 November 2011. Services: Motion

[Deputy Kathleen Lynch.]

We need to be very serious about what we do for psychiatric services, our emotional well being and our mental health. I do not think that there is any disagreement on this. I acknowl- edge fully that the Opposition is as committed to this programme as the Government. The contributions tonight prove that more than anything else. However, I am conscious of the need to keep pushing, not to allow it to slide off the agenda as it has in the past. Some day, if I can present to Barry Desmond a combined version of Planning for the Future and A Vision for Change, I will be very happy. I commend the amendment to the motion.

Minister of State at the Department of Agriculture, Food and the Marine (Deputy Shane McEntee): I thank the Minister of State for the opportunity to speak on this issue. She has covered every point on this major problem. Coming up to Christmas, it is always a hard time for people with problems. I would like to deal specifically with one issue. I have been involved with it for a number of years following a knock on a door in Ashbourne, where I met a lady called Joan Barry, whose daughter was suffering from an eating disorder. I was able to relate to her as someone close to me had a daughter in the same position a few years before who was as close to dying as possible, but point blank refused to allow her to go into St. Patrick’s Hospital or an institution where she would be force fed. In the end, he discovered a place called the Marino Therapy Centre in Dublin, where his daughter was dealt with on a one-to-one basis with no medical treatment. Her emotions were dissolved and while I cannot go into it, I can say that it worked very well. His daughter is now qualified in the medical profession. Following that knock on the door and the encounter with Joan Barry, I got involved with her and she formed an organisation for parents of children across the country, who come every month to Dublin to talk about their situation. They have to drive their daughters and sons to places like the Marino Therapy Centre, where they can get one-to-one intervention that is so successful. Through friends of mine and friends of Joan Barry, funds were raised in order to help parents and girls. There is a great number of young people across the country tonight suffering from this, but it is hidden. They hide it from their parents and from themselves until they are extremely weak. Some of them have died and some will continue to die if we do not change our ways. The Minister of State said we need a mental health unit in four or five regions across the country. I pay tribute to her predecessor as Minister of State, the former Deputy John Moloney. I had several meetings with him and he was very aware of the issue. Now is the time to change. We have got to stand up to the old systems and introduce the new systems. The VHI and other organisations have to be in a position to fund families whose children are in this situation. I know one family from Sligo who spent €180,000 on their daughter just to keep her alive. I know of another family in my area who have spent every last penny on their daughter, and eventually the HSE got her into a facility in Dublin. It was the first time in six years that the girl had seen the light of day and things were going right, but due to lack of funding, the HSE withdrew its services halfway through her treatment programme, and came back with a programme to send her into an institution. I am not going to say that is shameful, but we cannot be afraid to implement these changes. I challenge the people in our hospitals who are afraid to move with the times. I challenge them openly on this. I am not a doctor, but I have seen family after family go through this. There are girls out there — and boys — in this city who are close to death, but we will not recognise new ways in which this can be treated. To ask someone to wait for six months or 12 months is a sin. Treatment must be given now. The money that is being put aside for three years must be used now. All Deputies, including those from the Technical Group, know there 512 Mental Health 15 November 2011. Services: Motion is not a parish in Ireland that does not have two or three people suffering from this — both boys and girls, but mostly young girls. It clicks in at 12 or 13 years of age for no known reason. Nobody can say exactly why it happens, but it must be dealt with. As the Minister of State rightly said, we need units across the country — only four or five are required — which have two or three people who are qualified to deal with young people at an early age. They might need four sessions, as the Minister said, or they might need six, or ten, or five a week — but it works, and when it is over, they can return to a normal life. That is what modern medicine can do. I read today about the Queen’s hidden cousins. I do not know if that is related to what we are discussing. I was wondering what the newspapers were talking about, but it appears the Queen had two cousins who were locked away, and we are only hearing about this now. This country, no matter what they say, has moved on so much. There is nobody who has a brain that is not challenged at some stage. Everybody’s brain is challenged at some stage in their life, and sometimes one needs help or needs to talk. Even the fact that we are talking about this here tonight is good. Deputies do not know how much it means to people out there to know this debate is going on and that somebody cares. The challenge of mental health services must be dealt with. There are too many people who are unwilling to face up to it. I am delighted to participate in this discussion. I will not say any more; I will ask somebody else to take it up. Minister after Minister has highlighted this area, but there always comes a time to make a move. I have no doubt that everybody in this House knows this is going on. We must put each issue into its own box. The area of mental health services needs funding; it must be separate from everything else. I cannot say it better than Deputy Lynch said it. I am homing in on the issue of anorexia because, as a Deputy, one gets involved with parents who do not know where to turn. They meet at a hotel near the airport just to know how to get through the next day. There are people who get up at five o’clock in the morning, sometimes five mornings a week, to bring their families to Dublin, where we have just one or two centres, to deal with their problem. I am not condemning the HSE, because I know that in some cases it steps in and pays for half the sessions, which are private and cost €60 to €80 per session. It means a lot that the HSE will step in and pay for ten sessions. In some cases it will put up more. However, this must happen right across the board. These units must be set up. Four of them will do, including one for people in the south, so that parents know what to do. I cannot say it enough: if a parent has a problem or is worried about a daughter or son, he or she should lift up the phone. Not a week goes by without my talking to some of these girls. We did a deal that at some stage this would happen. This happens to some girls as young as 13; it clicks in, for reasons unknown to them and their families. In some cases, families are lucky; in other cases, it goes on until the age of 19 or 20 or even older, and when this happens, a lot of harm is done. There are married women out there of 29 or 30 who have had their children but are still suffering from anorexia. However, it is something that can be dealt with without going into a hospital. I pay tribute to our ex-Minister for Health and Children, . In one case I was dealing with, two members of the same family were suffering from anorexia. One girl had already passed away and another sister was in the same situation. Things had gone so far when, by accident, through former Deputy Noel Grealish, I was introduced to the Minister’s secretary. This girl got the funding to go to England for treatment. It was an awful lot of money — I could not believe it. We were talking about well over €30,000. The Minister made sure that girl was looked after.

An Leas-Cheann Comhairle: Sorry, Deputy; I think Deputy Mathews wants a few minutes. 513 Mental Health 15 November 2011. Services: Motion

Deputy Shane McEntee: I would just like to highlight this issue. I am delighted we got the chance to talk about it.

Deputy Peter Mathews: I just want to say to everybody here tonight a hugely warm thank you for their superb contributions. It is a privilege to be part of this House when I hear the quality, the passion and the authenticity of every contribution tonight. It makes me proud to be an Irishman because, as the Minister pointed out, here, in the hall and buildings where legislation is discussed in Bills and passed into law, I heard authenticity — the hearts and the minds of the legislators empathising with the great pain and suffering that can be hidden for so long and bottled up in the hearts and minds of people who are hurting. One in four — that is a really stark figure. Out of this Chamber alone, that is 45 people. That is an awful lot. I do not want to dwell on this in a sombre or sad way. I would like to say thank you. Tonight’s contributions were powerful, and no matter how low the money is in the kitty, the issue of mental health services is definitely a priority. This resonates with what our new President, Michael D. Higgins, said on the day of his inauguration, last Friday, which was a tremendous day of gracious generosity by the two figureheads of our country — the Taoiseach, with his gracious introduction, and our new President, who graciously accepted his responsibilities in service. Let me say what a wonderful contribution everybody has made. I thank them for it and I hope the people of the country hear it because it would do them good.

Deputy Billy Kelleher: I wish to share time with Deputies McConalogue and Browne. We welcome the opportunity to speak on the issue of mental health in this Chamber. Many positive things have happened over the last couple of years, particularly the acknowledgement of society that this is an issue that must be dealt with and that we need to open up and talk about it more. We will have debates and disagree on certain issues with regard to the treatment of mental health problems and the development of therapies, but in the broader context, we still need a cultural change in how we view mental health and how we deal with it as individuals and collectively as a society, including medical professionals. There is now a strong acknowledgement that A Vision for Change is the blueprint for our approach. It is the programme we have all bought into in considering how to deal with the challenges in our society. However, because there is such a collective buy-in to A Vision for Change, one could be concerned that it would slip down the political agenda, although I know the Minister of State’s commitment to it is very strong. Because we are all in agreement on the need to deal with these challenges for individuals who suffer from mental health issues and on the need for investment in programmes to deal not only with individuals but with society at large, the larger issue can drift off the agenda. For that reason, this motion gives us an oppor- tunity to ensure that A Vision for Change is seen as a document to be upheld and supported, and, more importantly, that we actually act upon what is contained in it. Clearly, there is an implementation plan and the next issue is for it to be published. Some of the soundings from the Department and the HSE give cause for concern. Will the directorate for mental health oversee the full implementation of A Vision for Change? Where is it and when will those involved be appointed? This will be a key indication of the Government’s commitment to A Vision for Change. Until we see the directorate in place, a strong commitment in terms of finance and a prioritisation by the Government, then A Vision for Change is simply a document as opposed to a living, breathing manifestation of what we all agree upon in the Chamber and elsewhere in terms of dealing with mental health. Recent years have seen great changes. Senator raised an issue recently in the Seanad. I call on the Minister of State to consider the case of Lois Bridges clinic in Sutton which treats eating disorders. Its work has been recommended by the Mental Health Commission and 514 Mental Health 15 November 2011. Services: Motion

I wish to make a strong plea on behalf of the clinic. I realise Senator Power has raised the matter on several occasions in the Seanad. I urge the Minister of State to do whatever she can to ensure funding and to provide the support necessary to deal with such disorders, which are in a knock-on effect from the challenges and pressures that exist as well as the changes in society. Broadly speaking, mental health is an issue with many facets. We can deal with it in isolation as individuals whereby we drift further into the darkness or we can light up as stated in A Vision for Change and we can embrace and acknowledge the difficulties individuals have and we can ensure they can have the confidence and support in the medical services and in society at large such that they can come forward and get the best treatment. In this regard the Govern- ment is following on from the work of previous Governments in the primary care setting since it is where front line services are delivered. Mental health affects one in four of us at some stage in our lives, an alarming statistic which shows the importance of ensuring that we deal with it upfront in the community setting and in the context of primary care units. There must be access to councillors and psychologists and general practitioners. We must address this area. Sometimes there is excessive prescribing of certain medicines for treatment of mental health but there should be a strong emphasis on training and retraining of general practitioners since they are the front line care providers in the primary care setting that has been established and rolled out in recent years and which is being continued under this Government. All of these reasons highlight the importance of the matter but it is more important that we encourage the Minister and the Government so that they ensure A Vision for Change becomes a living document. Only when it becomes a living document will it make an impact on people’s lives and only then will it save people’s lives.

Deputy John Browne: I welcome this debate in the House. As Deputy Mathews stated, it is good that everyone is keen to ensure that mental health services in the country are improved dramatically in the coming years. I am old enough to remember St. Senan’s Hospital in Ennis- corthy and when the walls surrounded the hospital. At one stage we took down the walls. Then, in recent years and against my express wishes, the then Minister of State, John Moloney, closed down St. Senan’s Hospital in Enniscorthy. I hope at some stage in the future when the finances get better there will be an admissions unit in County Wexford again. At present, patients from north and south Wexford must go to Waterford. As the Minister of State is aware, the hospital in Waterford is overcrowded and patients are unable to stay as long as they would wish. At the same time, it is important that people are looked after in their own communities and areas and CARN House in Enniscorthy continues to carry out this work. It is important that funding for suicide prevention is ring-fenced because suicide is a major problem in many counties throughout the country. There is a significant problem with suicide my county. Some tremendous organisations have been set up such as Touched by Suicide and Let’s Work Together to Prevent Suicide and many other organisations. They do not seek a vast amount of money but they are looking for support and help and a small amount of money to ensure they can continue to provide services to the people. I realise an additional €1 million was provided but we must red-circle this money for 2012 to ensure funds are available in the area of suicide prevention. Last week the Minister, Deputy Howlin, the Minister of State, Deputy Kehoe, and I held meetings with groups in County Wexford. We are lucky in the sense that a local priest, Fr. Scallan, has set up many community workshops in Wexford, including St. Patrick’s Special School in Enniscorthy and St. Aidan’s Daycare Centre in Gorey. He used to say that he would set up projects but he would let someone else worry about paying for them. That was then and 515 Mental Health 15 November 2011. Services: Motion

[Deputy John Browne.] this is now. Those involved are concerned that there will be cuts in the HSE allocation of 3.6% in 2012. This will mean a drop of €1 million in disability services in Wexford and this will mean either cutting back on posts or reducing services. There was a 1.8% cut last year and the organisations were able to live with that. They have pointed out that they could live with a 1.8% cut this year. There are workshops in St. Aidan’s Day Care Centre and at the Windmill Therapeutic Training Unit. The Minister of State will be interested to learn that they are proposing shared services and the idea of working together, in conjunction with each other and in harmony with each other and, where they can share services, they are prepared to do so. This could save a certain amount of money as well. It is important that the House continues to debate mental health issues. Mental health is a serious issue and mental health problems are serious issues throughout the country. We cannot close our eyes to what is happening. We must provide the services and have the required backup services and support. I realise the Minister of State has a deep interest in this area and I call on her not to forget the admissions unit which we need in County Wexford in the coming year or so.

Deputy Charlie McConalogue: I commend the Technical Group on bringing forward this important motion tonight and on ensuring that mental health issues get the time and the prior- itisation in the Parliament that they deserve to ensure we continue to implement the A Vision for Change document and to continue the progress made in recent times. Undoubtedly, a great deal remains to be done. It is often said that the mark or character of an individual or a person is determined by how they treat people who are more vulnerable than them and the same can be said of a society. Let us consider our record since independence in Ireland. As a society and a country we have left a lot to be desired in terms of how we treated the weaker and more vulnerable. This ranges from those who were physically or mentally disabled to children. Issues arise with regard to the record of how we have ensured they have been protected throughout the years. This also applies to vulnerable people such as single mothers and, not least, those with mental health concerns. The State has been grossly inadequate in providing services to ensure people with mental health concerns get the treatment they need and the hence the ability to make a quick and a full recovery. I wish to focus on child and adolescent mental health services. These form a key component of the services we must continue to provide. Studies have shown that one in ten children and adolescents will suffer from mental health disorders severe enough to cause impairment. The same studies show that experiencing such mental health difficulties in childhood and ado- lescence is a key indicator of mental health issues later in life. The expansion of child and adolescent mental health services is a key component of A Vision for Change. A key character- istic of that is setting up child mental health service teams which can draw on multidisciplinary people in order to take comprehensive and complex assessment and treatment approaches. In addition, they can provide packages of care where more than one professional intervention is required in order to meet the needs of young people. Child and adolescent community based services are poorly staffed and only 41% of the staffing recommended under A Vision for Change is currently in place. The moratorium on public sector recruitment has hit mental health services very severely and disproportionately. I know from the comments of the Minister of State that she is keenly aware this must not be allowed to continue and the moratorium will be lifted. In her comments she mentioned the need for 450 posts under A Vision for Change. I recall reference being made to 300 posts. I ask for clarification on the difference. 516 Mental Health 15 November 2011. Services: Motion

In my home area of Donegal I have seen first-hand the change in mental health services. An old facility, St. Conal’s mental health facility which used to house hundreds of people, was closed recently. In the past six weeks the Minister of State opened a new mental health unit. I acknowledge the effort and contribution of the former Minister of State, John Moloney, in ensuring the unit was built. I acknowledge the comments of the Minister of State, Deputy Lynch, and the Minister of State, Deputy McEntee, on the efforts made by previous Ministers, while at the same time recognising the vast amount of work that remains to be done. The development of services in my area is a good example of where we have come from and where we need to go. A former hospital housed hundreds of patients who lived there for many years. We now have a unit with a capacity of 30 or 40 beds, which is sufficient to deal with inpatient——

Deputy Kathleen Lynch: Short stays.

Deputy Charlie McConalogue: ——numbers within the county. We are moving into com- munity mental health care. I am aware of a gentleman in his 80s who passed away recently. He entered a mental health care home over 60 years ago and spent his entire life there, from his late teenage years until his death. It is a legacy we have to address and ensure is never repeated. We are going a long way towards doing that but a lot remains to be done. The appointment of a specific director who can take on and monitor responsibility is key. If a job of work needs to be done somebody needs to be in place on the Civil Service side to complement the fact that a Minister is responsible for it. I commend the motion to the House and thank the Technical Group for highlighting the issue.

Deputy Caoimhghín Ó Caoláin: Cuirim fáilte mhór roimh an rún seo agus molaim an Teachta Maureen O’Sullivan agus an grúpa teicniúil as an rún a chur os comhair na Dála. Is ceart é cúram sláinte, sláinte intinne san áireamh a déantar dearmad air go minic. Leis an rún cuimsi- theach seo tá clár soiléir leagtha amach don Rialtas agus molaim dó glacadh leis an gclár sin agus é a chur i bhfeidhm. I commend this comprehensive and progressive motion, in the name of Deputy Maureen O’Sullivan and the members of the Technical Group, to the House. It is timely, coming as it does within weeks of the budget. It could be a budget which will see mental health again relegated as the poor relation of the health care system but we hope that is not the case. There are alternatives, as we outlined to the Minister of State and her predecessors time after time, and there is a better way. The motion sets out a programme on mental health for the Govern- ment to follow. I join strongly with the earlier voices in urging the Government to adopt the motion and continue the programme as outlined. World Mental Health Day took place on 10 October. A unique event took place here, the first in my experience as a Dáil Deputy, when the cross-party Oireachtas group on mental health launched the first ever cross-party pre-budget submission. I am a co-convenor of the group, which also includes Deputies Maureen O’Sullivan, Dara Calleary and Simon Harris and Senator Susan O’Keeffe. It was a very positive development that the group, representing all of the component parts of the political parties and Independents in the Houses of the Oireachtas and having only been set up soon after the establishment of the 31st Dáil, made its first pre- budget submission. It is a major step forward. I pay tribute to the advocacy group Mental Health Reform, which has encouraged and facilitated the establishment of the all-party group and thank Natalie Buhl for her dedicated support. 517 Mental Health 15 November 2011. Services: Motion

[Deputy Caoimhghín Ó Caoláin.]

The group has made very clear that at its core it has the conviction that now more than ever, in a time of economic recession, we need to prioritise mental health. In light of this, the group made straightforward budgetary recommendations which I wish to put on the record of the House. First, in line with the programme for Government, the implementation of A Vision for Change must continue. Second, funding for mental health must be held at the budget 2011 level. The funding attached to any mental health posts lost in 2012 must be preserved and used for the recruitment of multidisciplinary community-based mental health staff. Third, the ring- fencing of €35 million annually from within the health budget to develop community mental health teams and services, as outlined in A Vision for Change, must occur in order to ensure early access to more appropriate services for adults and children and to improve comprehensive community-based mental health services which are linked to primary care. These are very straightforward proposals and I hope the strength of the appeal behind the co-signatories to the pre-budget submission will ensure their wishes are reflected when budget 2012 is laid before the House. The cross-party group has highlighted the fact that mental health difficulties cost the Irish economy approximately 2% of GNP annually and most of the costs occur in the labour market as a result of lost employment, absenteeism, lost productivity and premature retirement. Some 25% of people on illness benefit and almost 20% of people on disability allowance have a mental health difficulty as their primary health problem. The record of successive Governments in dealing with mental health has been far from glowing, to say the least. Much progress was made in recent years but it must be continued if the promise of A Vision for Change is to be realised. It is a good and positive development that we at least have unanimity across the House on the relevance and importance of a vision for change and it is something we can all work towards together. However, decisions over the past year do not augur well and not only since the new Govern- ment took office. In my constituency the removal of the acute inpatient mental health care admissions unit in St. Davnet’s Hospital in Monaghan was deplorable. I raised the issue in the Dáil over a year ago and strongly objected to the transfer of the admissions unit 9o’clock from the hospital, which arguably was and still is the better facility and location. It is certainly superior to the alternative now in use. People are now directed to the basement area of Cavan General Hospital. I visited the unit and felt discomforted descending into the basement. As I said to the predecessors of the Minister of State, it is not suitable for people with severe mental health issues. The former Minister of State, John Moloney, to his credit admitted to me in this Chamber, sitting where the Minister of State, Deputy Lynch is now, that the basement services are clearly not adequate or proper, yet it is the location where acute inpatient mental health care is pro- vided in Cavan and Monaghan for those who seek those services. While I acknowledge community mental health teams continue to provide services at St. Davnet’s, the question must be asked for how long. There is no comfort in what is a prime example of spin, such as the statement from the HSE which announced the closure of acute inpatient services at St. Davnet’s. It was reported in local media that the campus would not close. It is a lovely place for a walk but that is not what we are looking for when we seek access to mental health services. The Dáil adjourned at 9.01 p.m. until 10.30 a.m. on Wednesday, 16 November 2011.

518 Questions— 15 November 2011. 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 14, inclusive, answered orally.

Questions Nos. 15 to 28, inclusive, resubmitted.

Questions Nos. 29 to 38, inclusive, answered orally.

Banking Sector Regulation 39. Deputy Bernard J. Durkan asked the Minister for Finance if he is satisfied that previous or existing dialogue and unity of purpose exists between all Central Banks within the EU with a view to achieving a co-ordinated strategy in dealing with borrowing, lending and recovery; if the ECB maintains sufficient contact with each member state’s central bank in order to maxi- mise the combined strength of the EU in the context of economic recovery throughout the EU; and if he will make a statement on the matter. [34425/11]

Minister for Finance (Deputy Michael Noonan): As Minister for Finance, I have no function in the relationship between the European Central Bank and national central banks. The Gov- ernor of the Central Bank carries out his European Central Bank-related functions under the Treaty of Rome and the Statute of the European System of Central Banks (ESCB) and his independence in doing so is guaranteed. Section 19A (2) of the Act provides that the Governor has sole responsibility for the performance of the functions imposed, and the exercise of powers conferred, on the Bank by or under the Rome Treaty or the ESCB Statute. Section 6A(3) of the Central Bank Act 1942 provides that the Minister for Finance may not request information relating to ESCB functions from the Governor or the Bank. Additionally, article 282(3) of the Treaty of Rome provides that the European Central Bank shall be independent in the exercise of its powers and that European Union institutions, bodies, offices and agencies and the governments of the Member States shall respect that inde- pendence. However, at their meeting on 26 October, EU Heads of State and Government agreed on a range of measures additional to those taken at the 21 July summit to address the effects of the financial crisis both for the EU as a whole and within the euro area. These measures foresee 519 Questions— 15 November 2011. Written Answers

[Deputy Michael Noonan.] further significant efforts to ensure fiscal consolidation in Member States, including support for those Member States in difficulty and strengthening of euro area governance. In this context, EU leaders also agreed that further measures were needed to address the strength and stability of the banking sector including the need to ensure medium-term funding of banks, in which both national Central Banks and the European Central Bank have a key role to play. In addition, EU leaders agreed that the quality and quantity of banks’ capital needed to be significantly strengthened and they agreed on a significantly higher capital ratio of 9% of the highest quality capital, to be attained by banks not later than 30 June 2012. National supervisors, under the auspices of the European Banking Authority, are to ensure that banks, in meeting this capital target, maintain the flow of credit to the real economy. I can confirm in this context that Irish banks do not require additional capital under the higher standard now required. This outcome reinforces the robust and conservative nature of our Prudential Capital Assessment Review (PCAR) exercise in March of this year.

EU-IMF Programme 40. Deputy Gerry Adams asked the Minister for Finance his views that the State will have to borrow the €3.1 billion promissory note payment to Anglo Irish Bank due on March 31 2012; and if so the amount he believes the interest rate on this borrowing will be; and if he will make a statement on the matter. [34432/11]

Minister for Finance (Deputy Michael Noonan): The Deputy should be aware that the funds that become available to the State from Revenue or as a result of borrowing undertaken by the Exchequer are not generally assigned to one particular area of expenditure. Rather funds available from borrowings, along with the funds sourced from revenues such as tax revenue, non-tax revenue and capital receipts, are used to fund overall expenditure. Accordingly, there was no one tranche of funding that was undertaken or assigned solely for the purpose of funding the Promissory Note payments to IBRC (Anglo Irish Bank and Irish Nationwide Build- ing Society). Further, the draw downs of funds so far under the Joint EU/IMF Programme of Financial Support have been used for a range of different purposes including of course the general running of the day-to-day operations of the State. However, in so far as the €3.060 million Promissory Note payment constitutes part of the Exchequer deficit in 2012 it does appear that the Government will have to borrow to meet its commitments in this regard. It is difficult to isolate precisely the exact cost of the interest payments on the borrowing undertaken to fund the Promissory Note payments. However, for illustrative purposes, on the basis of the original 5.8% blended average interest rate which applied to borrowing under the Programme, the interest costs on borrowing of €3,060 million would be just under €180 million per annum. In light of the recently agreed reduction in interest rates on funding available under the Joint EU/IMF Programme of Financial Support however, the estimated interest cost on such borrowing reduces to approximately €115 million per annum as the average Programme interest rate is currently estimated at around 3.7%. I would caution, however, against attributing particular costs of funding to specific expendi- ture in Government accounting terms to assess an overall cost of providing capital to Anglo. There is a distinct difference between a commercial approach to funding projects and the approach applied in governmental terms to projects which generally have a social or “public good” focus. If, for example, the Government borrows to build a school, which costs €100 million — the cost of the school is shown as €100 m, not the cost of the school plus interest calculated in perpetuity (based on commercial criteria that the school does not directly provide any financial return to the State). If we are to compare like with like, in terms of Government 520 Questions— 15 November 2011. Written Answers expenditure, we should assess costs on that basis. The table below sets out the Department of Finance’s calculation of the cost of the Promissory Note provided to IBRC for the Deputy’s information.

Promissory Note Schedule — Anglo and INBS *

€bn Total interest Paid: A Total Capital Reduction: B Repayments: A + B

31/03/2011 0.55 2.51 3.06 31/03/2012 — 3.06 3.06 31/03/2013 0.49 2.57 3.06 31/03/2014 1.84 1.22 3.06 31/03/2015 1.75 1.31 3.06 31/03/2016 1.65 1.41 3.06 31/03/2017 1.55 1.51 3.06 31/03/2018 1.44 1.62 3.06 31/03/2019 1.32 1.74 3.06 31/03/2020 1.19 1.87 3.06 31/03/2021 1.06 2.00 3.06 31/03/2022 0.91 2.15 3.06 31/03/2023 0.75 2.31 3.06 31/03/2024 0.57 1.52 2.09 31/03/2025 0.45 0.47 0.91 31/03/2026 0.39 0.52 0.91 31/03/2027 0.33 0.58 0.91 31/03/2028 0.26 0.65 0.91 31/03/2029 0.19 0.73 0.91 31/03/2030 0.10 0.81 0.91 31/03/2031 0.01 0.05 0.05

16.8 30.6 47.4 * These numbers may not tot exactly as a result of rounding

Jobs Initiative 41. Deputy Niall Collins asked the Minister for Finance if any assessment has been carried out by him on the effectiveness of the measures in the jobs initiative which came into effect on 1 July 2011; if there is any specific evidence of new jobs being created as a direct result of the initiative; his views whether the initiative is having a net positive impact on the Exchequer; if he intends to retain all of the measures in full for 2012; and if he will make a statement on the matter. [34396/11]

Minister for Finance (Deputy Michael Noonan): The Jobs Initiative is designed to support a return to economic growth and strengthen its foundations. It is about focusing our now more limited resources on measures that offer the greatest potential for expansion and employment creation in the domestic economy. The aim is to target key sectors of the economy that can assist in getting people back to work, providing opportunities for those who have lost their jobs to re-skill and building confidence in order to encourage consumer activity. It is of course extremely difficult to separate out the increase in economic activity that is attributable to specific initiatives, particularly as the QNHS employment data only shows gross sectoral flows. Nonetheless, the Jobs Initiative is an important part of the Government’s overall strategy to establish the correct conditions to allow our economy to recover, while at the same time 521 Questions— 15 November 2011. Written Answers

[Deputy Michael Noonan.] respecting the requirement to return our public finances to a sustainable position. It should be viewed as one element of a wider strategy to support economic activity. Given our commitments under the EU/IMF Programme of Financial Support, and our cur- rent public finance difficulties, the Jobs Initiative is budgetary neutral over the period to 2014 and is being funded through the introduction of a temporary levy on pension funds. The measures introduced as part of the Jobs Initiative are expected to result in a net gain for the Exchequer in 2011. This is because the yield from the temporary levy on pension funds is expected to more than offset the estimated cost of the other measures introduced. These included the new temporary second reduced rate of VAT of 9%, aimed primarily at the tourism sector, the halving of the lower rate of employer’s PRSI and the small additional amounts of current and capital expenditure. In 2012, a net loss of revenue to the Exchequer is expected as the full year cost of the measures introduced is estimated to be greater than the forecast yield from the temporary levy on pension funds.

Financial Services Regulation 42. Deputy Pearse Doherty asked the Minister for Finance if he is preparing legislation to force mortgage lenders to pass on ECB interest rate reductions to mortgage holders; if so, when the legislation will be published and brought before Dáil Éireann; and if he will make a statement on the matter. [34429/11]

Minister for Finance (Deputy Michael Noonan): I have no plans to introduce legislation to force mortgage lenders to pass on European Central Bank interest rate cuts to their standard variable rate mortgage customers. As the Deputy is aware, the Deputy Governor of the Central Bank wrote to the Taoiseach on 11 November 2011 setting out the Central Bank’s opinion on recent developments in mortgage interest rates and on possible action by the Bank in this regard. In my reply to the priority question from the Deputy, I outlined the details contained in that letter. In short, the Deputy Governor has stated that the power to exercise regulatory control over retail interest rates is not sought by the Central Bank at this time. If the Deputy Governor requires additional legislative measures to enable him to carry out his functions more efficiently, I will consider the request with a view to bringing proposals to Government. The question of how interest rates paid on deposits should be treated will also have to be considered in this context.

Bank Guarantee Scheme 43. Deputy Gerry Adams asked the Minister for Finance if the ECB has altered the maturity for the emergency liquidity assistance for Ireland from three weeks to one year; and if he will make a statement on the matter. [34431/11]

Minister for Finance (Deputy Michael Noonan): The Central Bank of Ireland does not com- ment on ELA operations, other than what is contained in their Monthly Statistics update and their annual report. I can inform the Deputy however that I understand that there has been no change in the maturity of ELA operations.

State Banking Sector 44. Deputy Sandra McLellan asked the Minister for Finance if he has requested the day one

522 Questions— 15 November 2011. Written Answers lists for Anglo bonds from Anglo Irish Bank, IBRC; if he will publish this list; and if he will make a statement on the matter. [34435/11]

Minister for Finance (Deputy Michael Noonan): I assume, in replying to this question, that the terminology ‘day one list’ refers to a listing of subscribers to bond issues on the launch date of the bonds. The bank has not been requested, during my tenure as Minister for “day one” listing of subscribers to bond issues. I am advised, however, that every effort has been made to establish the identity of current bondholders. In this context a “day one” list of bondholders would generally only provide an indication of acquiring institutions who generally act on behalf of a confidential client base rather than on behalf of the institution in its own right. Further, given that such bonds are actively traded in secondary markets, any such list is not reliable as a record of ownership of bonds. It would not, therefore, be appropriate to publish such a list. The Deputy may wish to note that the Bank is contractually obliged to repay senior, unsecured securities on their maturity dates. These securities are publicly traded, dealt through dealers and settled via clearing house systems. An issuer (such as the Bank) does not have any access to the records of the registrar. It should be noted that such bonds are freely tradable once issued and therefore the issuer has no means of establishing the underlying ownership at any given time. Unlike in the case of shares, the holders of listed debt instruments are not subject to a disclosure regime. The settlement mechanics are that the Bank will instruct its paying agent to transfer the funds to the clearing house systems who will then distribute the funds to the holders of the security as per their records.

National Asset Management Agency 45. Deputy Peadar Tóibín asked the Minister for Finance, further to Parliamentary Question No. 18 of 2 November 2011 regarding National Asset Management Agency business plan agree- ments with debtors, if NAMA takes into consideration outstanding debts that developers owe to sub-contractors for public works programmes previously undertaken and seeks to include some form of payment schedule to these sub-contractors as part of the debtors’ business plans; and if not, will it now so act; and if he will make a statement on the matter. [34437/11]

Minister for Finance (Deputy Michael Noonan): As a consequence of the economic downturn there have been instances of individuals and companies having difficulty collecting money owed to them as suppliers, including instances where unsecured creditors have supplied goods or services to a developer or the company of a developer in the carrying out of a public works contract. I am advised by NAMA that it is not part of NAMA’s brief, as set out in its list of functions under the NAMA Act, to direct taxpayer funds towards unsecured creditors in all circumstances. However, it may consider doing so on a case-by-case basis. NAMA advise that its decision in such cases is based on commercial criteria. The primary function of NAMA is to manage acquired loans efficiently, effectively and expeditiously and in the best interests of the State. In doing so, it aims to attain the best achievable financial return subject to acceptable financial risk.

Economic Forecasts 46. Deputy Brian Stanley asked the Minister for Finance the impact of half a per cent growth reduction in 2012, 2013, 2014 and 2015 from the growth projections contained in the mid-term financial review; and the impact this will have on our debt to GDP ratio in 2012, 2013, 2014 and 2015; and if he will make a statement on the matter. [34443/11]

523 Questions— 15 November 2011. Written Answers

Minister for Finance (Deputy Michael Noonan): The Deputy should be aware that Chapter 5 of the Medium-Term Fiscal Statement sets out a range of different scenarios which show the estimated impact on the General Government debt/GDP ratio of both higher and lower nomi- nal rates of economic growth. These are summarised in the table below:

General Government Debt (% of GDP) 2012 2013 2014 2015

Base Case 114.3 118.3 117.0 113.5 Nominal GDP Growth 1% Lower 116.1 122.1 123.4 123.0 Nominal GDP Growth 2% Lower 117.7 126.1 130.1 132.9 Nominal GDP Growth 1% Higher 112.8 114.6 110.8 104.5 Nominal GDP Growth 2% Higher 111.2 110.9 104.7 95.9

47. Deputy Pádraig Mac Lochlainn asked the Minister for Finance the nominal GDP assump- tions for Q3 and Q4 2011 that are used in the mid-term financial statement; and if he will make a statement on the matter. [34448/11]

60. Deputy Pádraig Mac Lochlainn asked the Minister for Finance the real GDP assumptions for Q3 and Q4 2011 that are used in the mid-term financial statement; and if he will make a statement on the matter. [34447/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 47 and 60 together. Quarterly Irish economic data can be very volatile and are subject to non-negligible revisions. This was evident once again in the latest Quarterly National Accounts release, which revealed that, on a seasonally adjusted basis, real GDP grew by 1.6 per cent quarter on quarter in Q2 2011 following positive growth of 1.9 per cent in Q1 2011. The previous estimate for the first quarter of 2011 was 1.3 per cent growth. Given this volatility, my Department’s growth forecasts are based on annual rather than quarterly figures. This is in line with the approach of others, including the Central Bank and ESRI. On this basis, my Department’s latest forecasts — set out in the Medium-Term Fiscal Statement which was published on 4 November — are for real GDP growth of 1 per cent this year and a contraction of 0.5 per cent in nominal GDP. For the year as a whole, the level of GDP is projected to be €155 billion.

General Government Debt 48. Deputy Richard Boyd Barrett asked the Minister for Finance his view on whether GNP is a more appropriate measurement of debt than GDP; his views on whether the figures (details supplied) suggest that the debt burden here is going to top 150%; and if he will make a state- ment on the matter. [34458/11]

Minister for Finance (Deputy Michael Noonan): General Government debt is forecast in the recently published Medium-Term Fiscal Statement (MTFS) to reach almost €195 billion by 2013. Based on the nominal GDP and GNP forecasts presented in the MTFS, this equates to a debt/GDP ratio of 118 per cent and a debt/GNP ratio of 147 per cent. I understand that Mr. Whelan’s estimate of the debt/GNP ratio exceeding 150 per cent is taken from his working paper ”Ireland’s Sovereign Debt Crisis” which was published back in May and might therefore be a little out of date. It is common practice to express General Government debt as a percent- age of GDP. This allows for consistent, cross-country comparative analysis to be made. 524 Questions— 15 November 2011. Written Answers

GDP is the relevant measure in the context of the tax revenue base. In an Irish case, the profits made by multinational firms based here, which are counted as part of GDP but not GNP are part of the tax revenue base. The percentage of tax revenues and GDP which are accounted for by debt interest expendi- ture are important measures of debt sustainability. The MTFS forecast that the equivalent of 1 some 19 per cent of tax revenues or around 42 per cent of GDP will be required to pay interest on the national debt by 2015. While a significant level, it is worth bearing in mind that these ratios are well below those experienced in the mid-1980s when the equivalent of around a third of tax revenues or close to 10 per cent of GDP were used for that purpose.

Tax Yield 49. Deputy Catherine Murphy asked the Minister for Finance if, in view of the fact that the approximate collective incomes of the 300 wealthiest Irish citizens rose to €57 billion in 2011 from €50 billion in 2010, he can outline to Dáil Éireann a corresponding rise in Exchequer taxation returns from this group over the same period; and if he will make a statement on the matter. [34389/11]

Minister for Finance (Deputy Michael Noonan): I am informed by the Revenue Commis- sioners that they hold data collected from taxpayers in relation to income but they cannot verify the estimate provided by the Deputy and are not aware of the source of the Deputy’s information. For the tax year 2009, which is the latest year for which full data is available, the top 300 income earners declared €911 million in income and paid €262 million in income tax. Income data is not yet available for 2010 as the final filing date for submission of the 2010 Income Tax return is 16 November 2011 where an individual elects to file and pay using Revenue’s On-line Service. The 2011 Income Tax returns are not due to be filed until the fourth quarter of 2012.

Fiscal Advisory Council 50. Deputy Mick Wallace asked the Minister for Finance his views on the significant error on page 34 of the original version of the Fiscal Assessment Report published by the Fiscal Advisory Council on 12 October 2011; the initial lack of transparency the council displayed in correcting this error; and if he will make a statement on the matter. [33036/11]

70. Deputy Seán Crowe asked the Minister for Finance the reason he did not appoint a fiscal policy specialist to the Fiscal Advisory Council and in view of the significant errors contained in their first report published in October if he intends to appoint such a specialist to the council in the future; and if he will make a statement on the matter. [34439/11]

99. Deputy Micheál Martin asked the Minister for Finance his views that the Fiscal Advisory Council have adequate supports in order to make objective recommendations to Government; and if he will make a statement on the matter. [34012/11]

125. Deputy Michael McGrath asked the Minister for Finance his views on the work to date of the Fiscal Advisory Council and if he is satisfied that its composition is sufficiently broad in terms of background and expertise to enable it to fulfil its mandate. [34375/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 50, 70, 99 and 125 together. I announced the establishment of the Irish Fiscal Advisory Council on 7 July 2011. The Council is part of a wider agenda of reform of Ireland’s budgetary architecture which is envis- aged in the Programme for Government. When I announced the establishment of the Council,

525 Questions— 15 November 2011. Written Answers

[Deputy Michael Noonan.] it was stated that the Council would be an independent body whose existence and independence would be underpinned by legislation to be brought forward by Government in the Fiscal Responsibility Bill by the end of March 2012. The role of the Council is to provide an assessment of, and comment publicly on, whether the Government is meeting its own stated budgetary targets and objectives. It will also be charged with assessing the appropriateness and soundness of the Government’s fiscal stance and macroeconomic projections as well as an assessment of the extent of compliance with the Government’s fiscal rules. The latter are also to be brought forward in the proposed Fiscal Responsibility Bill. The five members of the Council are:

• Mr. Sebastian Barnes, OECD,

• Professor Alan Barrett, TCD (on secondment from the ESRI),

• Dr. Donal Donovan, University of Limerick (formerly IMF staff),

• Professor John McHale, Head of Economics, NUI Galway and Chair of the Council, and

• Dr. RóisínO’Sullivan, Associate Professor, Smith College, Massachusetts.

I appointed the members having regard to a number of criteria including the desirability of having a mix of appropriate backgrounds (academia, the financial sector/financial markets and public finance), macroeconomic/microeconomic expertise and a strong international dimension, as well as the need to take gender considerations into account. I am satisfied that the appointed members have the mix of skills and experience, including in relation to fiscal affairs, to ensure that the Council will be highly effective in fulfilling its mandate. I am satisfied with the composition of the Council and I am pleased that individuals of such high calibre have agreed to serve on the Council. Indeed, it is fair to say that, when I announced the makeup of the Council, the public commentary about the membership was positive and welcoming. The Council is supported by a secretariat of three staff, one senior economist, one junior economist/research assistant and one administration staff. A second economist position is expected to be filled shortly. The Council can also obtain specialist expertise as required through consultancy services, so I do not accept that the Council does not have the relevant expertise to do its job. As part of its first Fiscal Assessment Report published in October, the Fiscal Advisory Council advised that in order to achieve a deficit of 8.6% of GDP next year, consolidation of €4 billion would be required. The Council also suggested that over the period to 2015, Govern- ment should implement more consolidation than currently planned so as to achieve a deficit of 1% of GDP in 2015. This would require €4 billion in additional consolidation but would result in a significantly improved debt trajectory. While not opining on the appropriate split between revenue and expenditure, the Council also questioned the view that most of the adjustment should be on the spending side. These views and indeed those of other bodies, both domestic and international, informed my Department’s analysis in producing the Medium-Term Fiscal Statement. However, in striving to restore sustainability to the public finances, we must also be mindful of protecting the emerging economic recovery and seek to strike the right balance between the two. This balancing act is difficult but we believe we have struck the right balance by targeting an adjustment of €3.8

526 Questions— 15 November 2011. Written Answers billion so as to achieve the agreed deficit of 8.6% of GDP for 2012 and thereafter pursuing the necessary annual adjustments to achieve the agreed deficit of under 3% of GDP by 2015. This strategy is in line with our commitments under the EU/IMF Programme of External Assistance and as such the EU/IMF troika agree with our approach. The error, related to an historical figure, on page 34 in the Fiscal Assessment Report as originally published is an operational matter for the Council. Officials in my Department had brought this to my attention. The error was amended very quickly by the Council and a revised version of the Report was published on its website. I would point out that the Fiscal Assessment Report states that “χ errors and omissions are the responsibility of the Council”. Finally, the error in question, which as I have said related to a historical figure, did not affect the analysis and underlying rationale behind the recommendations made by the Council.

Debt Resolution Agency 51. Deputy asked the Minister for Finance his views on the establishment of an independent Debt Resolution Agency as proposed by free legal advice centres; and if he will make a statement on the matter. [34024/11]

Minister for Finance (Deputy Michael Noonan): The Inter-Departmental Report on Mort- gage Arrears, which was published on 12 October 2011, stated that the early introduction of new judicial and non judicial personal insolvency resolution mechanisms is necessary and that, in the absence of such changes, the mortgage arrears problem will not be resolved. The issue of personal insolvency reform, and the precise mechanism for the resolution of unsustainable personal debt, is a matter in the first instance for my colleague the Minister for Justice, Equality and Defence. In that regard, and in line with a commitment in the Programme for Government, the Personal Insolvency Bill is in the course of being developed by the Department of Justice and Equality and this will provide for a new framework for the settlement of unsustainable debt and for personal insolvency. The commitment under the EU/IMF Programme of Financial Support for Ireland is to publish the Bill in Quarter 1 of 2012 and the Minister has indicated his objective to publish the measure ahead of the EU/IMF deadline, if possible. Moreover, I understand that it is intended that the Heads of the Bill, which are expected to be finalised in the near future, will be forwarded to the Committee on Justice, Defence and Equality for its consideration.

Bank Guarantee Scheme 52. Deputy Dessie Ellis asked the Minister for Finance if he will provide a full breakdown of all senior guaranteed, senior unguaranteed secured and senior unguaranteed unsecured bonds held in all banks covered by the eligible liabilities guarantee including the value of the bonds and the date of their maturity; and if he will make a statement on the matter. [34441/11]

Minister for Finance (Deputy Michael Noonan): The information requested by the Deputy is provided in the following schedules.

AIB/EBS

Total AIB Group (including EBS) — also includes cross holding of issuance.

2011 2012 2013 2014 2015+ Total to Maturity

Guaranteed — 1,028,235,331 2,368,626,605 — 3,048,700,000 6,445,561,936 Unguaranteed — 1,000,000,000 1,000,000,000 50,000,000 2,665,726,275 4,715,726,275 Secured

527 Questions— 15 November 2011. Written Answers

[Deputy Michael Noonan.] 2011 2012 2013 2014 2015+ Total to Maturity

Unguaranteed 52,315,240 3,520,542,954 42,356,511 839,000,000 99,000,000 4,553,214,705 Unsecured Notes: Guaranteed includes €23.7m in the 2015+ Timeband reflects its final maturity but has a put date of 31/12/2011 Reflects external issuances only i.e. does not included internal covered bonds, internal securitisations or the own use bank bond.

Total AIB Group (including EBS) — Excludes cross holding of issuance.

2011 2012 2013 2014 2015+ Total to Maturity

Guaranteed — 1,006,235,331 2,301,926,605 — 2,937,100,000 6,245,261,936 Unguaranteed — 1,000,000,000 953,000,000 50,000,000 2,648,089,242 4,651,089,242 Secured Unguaranteed 52,315,240 3,458,342,954 42,356,511 839,000,000 99,000,000 4,491,014,705 Unsecured Notes: Guaranteed includes €23.7m in the 2015+ Timeband reflects its final maturity but has a put date of 31/12/2011. Reflects external issuances only i.e. does not included internal covered bonds, internal securitisations or the own use bank bond.

AIB/EBS Guaranteed:

Report Date: 01/11/2011

Product Isin Ccy Maturity Date Current Nominal Issued By EUR equiv.

MTNs GG XS0490069266 EUR 25/02/2015 1,000,000,000 EBS MTNs GG XS0496459610 EUR 19/03/2015 25,000,000 EBS MTNs GG XS0496223255 EUR 19/03/2012 1,000,000,000 AIB MTNs GG XS0484576813 EUR 04/02/2013 1,800,000,000 AIB MTNs GG XS0494617631 USD 15/03/2013 548,626,605 AIB MTNs GG XS0496222877 EUR 19/03/2015 2,000,000,000 AIB MTNs GG XS0545957432 EUR 30/09/2015 23,700,000 AIB MTNs GG XS0502963183 HKD 19/04/2012 14,117,666 AIB MTNs GG XS0504071282 HKD 23/04/2012 14,117,666 AIB MTNs GG XS0499510609 EUR 08/04/2013 20,000,000 AIB

6,445,561,936

Held by AIB check XS0490069266 30,000,000 6,245,261,936.05

Held by EBS XS0496223255 22,000,000 XS0484576813 66,700,000 XS0496222877 81,600,000

Self Issuance XS0701324195 4,500,000,000

528 Questions— 15 November 2011. Written Answers

AIB/EBS Unguaranteed Secured:

Report Date: 01/11/2011

Product Isin Ccy Maturity Date Current Nominal Issued By EUR equiv.

Covered Bond XS0467861653 EUR 23-Nov-12 1,000,000,000 EBS Covered Bond XS0470919696 EUR 01-Dec-14 50,000,000 EBS RMBS XS0260593727 EUR 15-Jul-48 900,726,275 EBS Covered Bond XS0250267647 EUR 30-Apr-13 1,000,000,000 AIB Covered Bond XS0308936037 EUR 29-Jun-17 1,500,000,000 AIB Covered Bond XS0308936037 EUR 29-Jun-17 175,000,000 AIB Covered Bond Unlisted EUR 23-Sep-19 15,000,000 AIB Covered Bond Unlisted EUR 30-Sep-19 50,000,000 AIB Covered Bond XS0486207870 EUR 12-Feb-30 10,000,000 AIB Covered Bond XS0489775535 EUR 01-Mar-30 10,000,000 AIB Covered Bond XS0504676510 EUR 28-Apr-28 5,000,000 AIB

4,715,726,275

Held by AIB Check XS0260593727 17,637,033 4,651,089,242 XS0250267647 47,000,000

AIB/EBS Unguaranteed Unsecured:

Report Date: 01/11/2011

Product Isin Ccy Maturity Date Current Nominal Issued By EUR equiv.

MTNs XS0238667496 GBP 16-Dec-11 18,600,974 EBS MTNs XS0245078406 GBP 16-Dec-11 3,778,323 EBS MTNs XS0253554744 GBP 16-Dec-11 8,137,926 EBS MTNs XS0257988997 GBP 16-Dec-11 9,300,487 EBS MTNs XS0276164539 GBP 16-Dec-11 10,172,408 EBS MTNs XS0296914103 GBP 16-Dec-11 2,325,122 EBS MTNs XS0243328456 EUR 06-Feb-12 20,000,000 EBS MTNs XS0264939512 GBP 12-Jul-12 1,743,841 EBS MTNs XS0372296011 EUR 17-Aug-12 5,927,000 EBS MTNs XS0279186976 GBP 17-Dec-12 24,646,291 EBS MTNs XS0291322088 GBP 17-Dec-12 4,650,244 EBS MTNs XS0296914442 GBP 17-Dec-12 2,325,122 EBS MTNs XS0287983935 GBP 02-Mar-13 17,438,413 EBS MTNs XS0296913550 GBP 02-Mar-13 2,325,122 EBS MTNs XS0312295610 GBP 02-Mar-13 9,300,487 EBS MTNs XS0321100454 GBP 02-Mar-13 9,292,489 EBS MTNs XS0235051181 EUR 28-Oct-13 4,000,000 EBS Schuldschein SSD 01 EUR 28-Jan-14 9,000,000 EBS MTNs XS0244872882 EUR 20-Feb-14 20,000,000 EBS Schuldschein SSD 02 EUR 25-Feb-14 15,000,000 EBS

529 Questions— 15 November 2011. Written Answers

[Deputy Michael Noonan.] Report Date: 01/11/2011

Product Isin Ccy Maturity Date Current Nominal Issued By EUR equiv.

MTNs XS0187074546 EUR 25-Feb-14 20,000,000 EBS MTNs XS0195980551 EUR 14-Jul-14 25,000,000 EBS MTNs XS0228549506 EUR 24-Aug-15 19,000,000 EBS MTNs XS0268806709 EUR 27-Sep-16 55,000,000 EBS Schuldschein SSD 03 EUR 26-Jan-17 25,000,000 EBS MTNs XS0287772130 GBP 20-Feb-12 874,675,350 AIB MTNs XS0294958318 EUR 11-Apr-12 1,500,000,000 AIB MTNs XS0302797351 USD 24-May-12 36,575,107 AIB MTNs XS0367255592 EUR 02-Jun-12 50,000,000 AIB MTNs XS0455308923 EUR 01-Oct-12 1,000,000,000 AIB MTNs XS0465876349 EUR 12-Nov-14 750,000,000 AIB

4,553,214,705

Held By EBS XS0294958318 62,200,000 4,491,014,705

Bank of Ireland:

2011 2012 2013 2014 2015+ Total to Maturity

€m €m €m €m €m €m Guaranteed 9,935.06 1,482.16 47.53 2,866.84 14,331.59 (note 1) Unguaranteed 127.57 409.92 2,654.51 1,821.69 6,322.20 11,335.88 Secured Unguaranteed 71.58 865.65 1,070.51 66.77 538.02 2,612.53 Unsecured Volumes reflect position as at 1 November 2011 The table excludes securitisations/covered bonds retained by the Group Note 1: Includes €8.45bn received under Own Issued Bank Bonds maturing January 2012.

IBRC

MTN NO CUR Amount (Millions) Start Date Maturity Date

370 EUR 1,250 25-Jan-07 25-Jan-12 516 EUR 1,500 15-Apr-10 16-Apr-12 446 GBP 400 28-Jun-07 28-Jun-12 517 EUR 750 15-Apr-10 15-Apr-15 RED FONT: Guaranteed/Issued under ELG. Black Font: Un-guaranteed.

530 Questions— 15 November 2011. Written Answers

INBS

MTN NO CUR Amount (Millions) Start Date Maturity Date

INBS-16 EUR 590.7 26-Jun-07 26-Jun-12 INBS-15 GBP 8.5 26-Jun-07 26-Jun-12

IL&P:

IL&P Debt at 4 November 2011 (principal excluding accrued interest)

Secured (MBS) 2,671,800,930.90 Maturities between 2039 and 2050

Senior Guaranteed € Maturity Date

1 1,268,820,786.50 20130114 2 1,992,389,594.05 20150310 3 20,000,000.00 20150316 4 24,959,551.39 20150322 5 25,000,000.00 20150409 6 1,248,167,608.46 20130422 7 3,300,000,000.00 20111027 Own Use Bond

Senior Guaranteed 7,879,337,540.40

Senior Unguaranteed € Maturity Date

1 20,000,000 20360313 2 21,000,000 20460418 3 20,000,000 20460531 4 4,356,349 20130723 5 4,700,000 20141210 6 9,531,942 20161215 7 3,000,000 20150425 8 129,000,000 20350215 9 2,200,000 20120221 10 3,862,630 20130301 11 5,850,000 20200425 12 6,349,379 20130304 13 10,000,000 20150608 14 11,000,000 20130613 15 7,500,000 20130805 16 3,630,291 20150811 17 7,000,000 20201007 18 10,000,000 20301014 19 11,280,000 20111107 20 6,000,000 20140117 21 197,000 20111125

531 Questions— 15 November 2011. Written Answers

[Deputy Michael Noonan.] Senior Unguaranteed € Maturity Date

22 8,900,000 20140130 23 11,993,017 20111202 24 16,440,000 20111207 25 12,152,000 20151218 26 1,035,000 20120109 27 8,243,832 20120111 28 3,309,144 20120111 29 5,870,000 20120207 30 2,588,000 20120307 31 10,003,201 20130315 32 10,000,000 20130320 33 8,000,000 20160322 34 10,000,000 20131003 35 8,546,000 20120407 36 2,200,000 20120508 37 9,000,000 20140530 38 3,000,000 20160530 39 3,775,503 20160529 40 6,000,000 20140724 41 7,500,000 20140808 42 5,000,000 20140915 43 3,000,000 20141009 44 10,000,000 20121027 45 4,795,000 20161027 46 3,000,000 20131002 47 5,000,000 20141103 48 5,000,000 20140505 49 3,000,000 20140530 50 3,000,000 20111130 51 10,217,707 20121206 52 8,000,000 20141211 53 3,000,000 20111215 54 4,300,000 20140625 55 6,950,000 20131222 56 5,200,000 20140122 57 3,000,000 20150202 58 60,000,000 20170209 59 10,000,000 20140312 60 7,500,000 20140401 61 7,500,000 20140425 62 4,000,000 20141027 63 5,000,000 20140502 64 49,998,879 20120503 65 7,500,000 20140520 66 15,000,000 20130522 67 10,000,000 20270524 68 5,000,000 20140529

532 Questions— 15 November 2011. Written Answers

Senior Unguaranteed € Maturity Date

69 7,855,420 20120604 70 10,507,983 20130614 71 4,644,412 20120628 72 8,000,000 20140630 73 4,000,000 20140803 74 9,869,376 20130824 75 3,000,000 20140829 76 15,000,000 20150917 77 5,000,000 20131230 78 4,996,732 20151001 79 2,650,000 20141210 80 3,100,000 20150610 81 16,000,000 20151217 82 10,000,000 20140620 83 11,000,000 20150622

Senior Unguaranteed 824,598,797

Total 11,375,737,268

Total (excluding own use) 8,075,737,268

Proposed Legislation 53. Deputy Mary Lou McDonald asked the Minister for Finance if he will provide an update on the forthcoming legislation dealing with the regulation of credit unions; when this legislation will be published and brought before the Dáil Éireann; and if he will make a statement on the matter. [34434/11]

Minister for Finance (Deputy Michael Noonan): In accordance with our commitment under the EU/IMF programme, legislation is being prepared for publication by the end of June 2012 to strengthen the regulatory framework for credit unions, including making legislative provision for effective governance standards and prudential requirements for credit unions. This rep- resents an extension of the earlier EU/IMF deadline of end December 2011, which will allow the necessary time for consultation and to take account of any further recommendations arising from the Commission on Credit Unions. The new deadline has been agreed by the Troika.

Bank Guarantee Scheme 54. Deputy Mary Lou McDonald asked the Minister for Finance if he has sought and secured Cabinet approval for the forthcoming extension of the Credit Institutions (Eligible Liabilities Guarantee) Scheme 2009, which is due for renewal on 31 December 2011; and if he will make a statement on the matter. [34433/11]

145. Deputy Michael McGrath asked the Minister for Finance his plans to seek an extension of the eligible liabilities guarantee scheme into 2012; and if he will make a statement on the matter. [34587/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 54 and 145 together. 533 Questions— 15 November 2011. Written Answers

[Deputy Michael Noonan.] The Eligible Liabilities Guarantee (ELG) Scheme, which commenced on 9 December, 2009, has been an important support to the Irish system, helping to maintain the overall stability of the banking sector. On foot of a recent Government decision, I have sought EU state aid approval for a pro- longation of the ELG Scheme, on the advice of the Governor of the Central Bank and of the other State authorities, on financial stability grounds. I will be placing a Statutory Instrument before both Houses shortly which will enable the issuance period of the Scheme to extend to 31 December, 2012. The ECB was notified of the intention to provide for this extension and has stated that a further extension of the Scheme would be beneficial. The Deputies will however be aware that approval for the continued provision of financial support under the ELG Scheme must be sought from the European Commission every six months in accordance with EU State aid requirements. This application for approval has been made and a positive reply is expected shortly The extension of the ELG Scheme is a necessary element in maintaining confidence of deposit holders in the domestic banks and in continuing to facilitate the Irish banking system in accessing both short and longer term funding.

Fiscal Policy 55. Deputy Brian Stanley asked the Minister for Finance if he has been successful in securing an amendment to the EU-IMF memorandum of understanding not to decrease social welfare rates as is Government policy; and if he will make a statement on the matter. [34444/11]

Minister for Finance (Deputy Michael Noonan): The Government has successfully renego- tiated a number of elements of our EU-IMF Programme and will continue to do so. As the Deputy will be aware, the latest review mission by the External Partners took place from the 11th — 20th of October. There are a numbers of programme documents that underpin the Programme of Financial Support. These documents include:

• the Memorandum of Economic and Financial Policies (MEFP)

• the Memorandum of Understanding on Specific Economic Policy Conditionality, (MoU)

• the Letters of Intent to the IMF and the EU Authorities; and

• the Technical Memorandum of Understanding (TMU) attached to the Letter of Intent (LoI) to the IMF.

Following each review mission a revised version of these documents is published. These revised documents are being finalised and when that process is completed they will be formally submit- ted to the External Partners. At this stage it is expected that this process will be completed by the end of the month, and the documents will be published in due course. As Deputies are aware it would not be appropriate for me to comment in advance of the Budget on possible Budget decisions.

Debt Statistics 56. Deputy Aengus Ó Snodaigh asked the Minister for Finance if he will provide figures combining the nation debt, household debt and commercial debt for 2007, 2008, 2009 and 2010 in monetary terms and as a percentage of GDP; and if he will make a statement on the matter. [34445/11]

534 Questions— 15 November 2011. Written Answers

Minister for Finance (Deputy Michael Noonan): The figures requested by the Deputy are set out in the following tables. Figures for National Debt are calculated and published by the NTMA on their website and represent end-year positions. Figures on household debt and commercial debt are taken from the Central Bank’s Quarterly Financial Accounts, Table 3.1.b and Table 8.1.b respectively, and refer to end year positions. Note that commercial debt refers to the debt of non-financial corporations resident in the State, including foreign multinationals operating in Ireland.

(€m) National Debt Household Debt Commercial Debt GDP (nominal)

2007 37,559 193,887 263,061 189,933 2008 50,398 203,298 303,371 179,990 2009 75,152 197,635 326,464 160,596 2010 93,446 185,615 286,351 155,992

Expressed as a percentage of GDP, the table looks as follows:

% of GDP National Debt Household Debt Commercial Debt

2007 19.8% 102.1% 138.5% 2008 28.0% 112.9% 168.5% 2009 46.8% 123.1% 203.3% 2010 59.9% 119.0% 183.6%

Budget Submissions 57. Deputy Richard Boyd Barrett asked the Minister for Finance if he will meet with trade unions, anti-poverty groups and other civil society groups to hear their opinions prior to Budget 2012; and if he will make a statement on the matter. [33038/11]

Minister for Finance (Deputy Michael Noonan): I have met recently with a number of groups as part of the Budget 2012 process. These included the Irish Congress of Trade Unions and the Community and Voluntary Pillar. As the Deputy will be aware, the Pillar is comprised of seventeen organisations representing the interests of people from many different sectors of society. In addition, my Department has received to date more than 260 submissions from organisations, groups and individuals. These are being considered by officials in the context of Budget preparation.

Economic and Monetary Union 58. Deputy Bernard J. Durkan asked the Minister for Finance if he is satisfied that his EU colleagues, both within the eurozone and without, are conscious of the need to adopt a cohes- ive, supportive and united approach in dealing with the ongoing economic, fiscal and monetary difficulties throughout the Union; if it is recognised that confidence in the markets will most likely improve when it becomes obvious that the European Union in its entirety has a responsi- bility to address and resolve any issues affecting such confidence; if due recognition has been given to the potential strength of a single market of the magnitude of the European Union; the extent if any to which strategies have been put in place or are likely to be put in place to capitalise on this strength; and if he will make a statement on the matter. [34426/11] 535 Questions— 15 November 2011. Written Answers

Minister for Finance (Deputy Michael Noonan): Firstly, I would like to stress the consider- able progress that has already been made in terms of improving the functioning of the EU and the euro area in particular. Amongst other things we now have:

• The EU Semester;

• Strengthened surveillance via the so-called ‘six-pack’ of governance measures;

• Support for vulnerable economies via the EFSF and the EFSM;

• A permanent crisis resolution mechanism in the form of the ESM;

• The Euro Plus Pact to inter alia improve competitiveness; and,

• Strengthened financial regulation.

These are all important developments and demonstrate that the EU can unite and work in the interests of all. To me this shows that the European Union can make significant decisions and progress that not so long ago would have been seen as almost unthinkable, and I take a lot of encouragement from this. In addition there is the comprehensive package announced by the euro area Heads of State or Government on the 26th October. This is essentially a five-point strategy involving:

• A credible solution to the Greek situation;

• Boosting the effective capacity of the EFSF;

• Recapitalising Europe’s banks;

• Enhancing surveillance; and,

• Improving economic governance in the euro area.

Work is continuing on implementing these important decisions, and this is how market confi- dence will be improved. It is in all of our interests that we move forward as rapidly as possible in that regard. Finally, it is worth pointing out that euro area Heads of State or Government have stated on a number of occasions that they will do whatever is necessary to preserve financial stability in the euro area.

Government Debt Ratios 59. Deputy Michael Colreavy asked the Minister for Finance his views on the deteriorating Government debt ratios that are contained in the mid-term financial statement which shows a higher Government debt in 2013, 2014 and 2015 than that contained in the April stability programme update, this despite the fact that the €3.6bn accountancy error has reduced our debt ratio by 2.3%; and if he will make a statement on the matter. [34449/11]

Minister for Finance (Deputy Michael Noonan): At the time of the of the Stability Prog- ramme Update, the General Government Debt to GDP ratio was forecast to peak at 118% in 2013 before falling to 111% in 2015. This assessment was based on the macroeconomic and fiscal outlook as set at that time. Like all forecasts, these are subject to change. As events have evolved, my Department has revised its assessment for the period 2011-2015. Based on its October macroeconomic and fiscal assessment, the General Government Debt to GDP ratio is now anticipated to peak at 118% in 2013 before falling to 114% in 2015.

536 Questions— 15 November 2011. Written Answers

There are a number of reasons and assumptions why the debt ratios have changed since the April forecasts for the years from 2013 to 2015.

• The macroeconomic and fiscal outlook for the period 2011-2015 has been revised. As a result of the revision the level of GDP in the later document is now lower.

• Taking account of double count of HFA funding, the base line debt in 2010 improves by EUR3.6bn

• Banking support is EUR3.5bn less than assumed in the SPU.

• The assumed exchequer requirements (excluding banking measures) up to 2015 are higher in the later document. The main driver of this particular change is that the Department has lower economic growth forecasts resulting, for instance, in lower tax revenues forecast for the period.

• As set out on page 31 of the Medium-Term Fiscal Statement, in light of further techni- cal work since the April SPU forecasts, it has been confirmed, following discussions with the CSO, that the interest due on the Promissory Notes should be accounted for as part of General Government Debt each year. This has the effect of cumulatively worsening the debt ratio by about 0.3% of GDP in 2013 and about 1% of GDP in the following years of the forecast period.

• The NTMA has changed its assumptions regarding liquid assets since the last publi- cation. This worsens debt projections by EUR400m per annum for 2013 to 2015.

• Inclusion of the pre-paid margin on EFSF lending worsens debt in 2011.

Finally, had it not been for the adjustment of the double count in the calculation of the 2010 debt level, the debt ratio would stand at 120% by 2013, based on current projections.

Question No. 60 answered with Question No. 47.

Postal Services 61. Deputy Luke ‘Ming’ Flanagan asked the Minister for Finance if he will consider giving the An Post a stronger role in the Strategy on Financial Inclusion and in particular to enable the post offices here to offer current account facilities to its customers; his views that in the interest of providing choice and greater competition within banking that the role of the post office should be promoted and enlarged by including such services as motor tax renewals, driver licences, and so on; if he will give an assurance that the ESB contract for the payment of bills will remain with An Post; and if he will make a statement on the matter. [34026/11]

Minister for Finance (Deputy Michael Noonan): A draft report setting out the Strategy for Financial Inclusion was published on my Department’s website in June of this year for consul- tation purposes. The strategy was drafted following a review undertaken by the Social Finance Foundation on my behalf, to identify recommended actions to achieve a substantial reduction in financial exclusion over a 3-5 year period— including the introduction of basic payment accounts on a pilot basis in 2012. It is noted in the report that the post office network has the potential to play a key role in the delivery of basic payment accounts. A number of submissions were received in response to the consultation, and my Department, having reviewed all of the submissions, is currently assessing the best approach to implementation of the strategy. Any products which are offered by the post office network are a matter firstly for An Post — which falls under the aegis of the Department of Communications, Energy and Natural Resources.

537 Questions— 15 November 2011. Written Answers

Unemployment Levels 62. Deputy Peadar Tóibín asked the Minister for Finance in view of the upward revision of unemployment projections for 2015 from 10% in April last to 11.6% in the mid-term fiscal statement, his views on the success or otherwise of the April jobs initiative; if he has conducted any assessment of the impact of the various measures contained in the initiative on levels of employment in the State; and if he will make a statement on the matter. [34438/11]

Minister for Finance (Deputy Michael Noonan): My Department’s latest economic forecasts were published in the recent Medium Term Fiscal Statement. A return to annual employment growth is now expected to be delayed until 2013 and as a result the unemployment rate will take longer to decline than had previously been anticipated. The weaker labour market recovery is a consequence of slower economic growth. While the economy is expected to expand this year for the first time since 2007 — and the pace of the expansion will gradually strengthen in subsequent years — GDP growth is nevertheless forecast to be softer in 2012 and 2013 than had been anticipated in April. This less benign outlook primarily reflects slower growth in our main import markets. Employment data are presented in net terms and information on gross flows into and out of employment is not available, making it difficult to assess the number of jobs being created. We are also still awaiting data for the third quarter of the year, which will be released in mid-December. I am confident, however, that the measures introduced by the Government in May, such as reducing the rate of VAT in the high value added tourism sector, have played a role in both sustaining and creating employment. The Government recognises that improving labour market conditions represents its biggest challenge, and, accordingly, is giving priority to job protection, job creation and supporting the unemployed.

Tax Code 63. Deputy Seán Crowe asked the Minister for Finance if he will provide a detailed report on the work undertaken by him to fulfil the programme for Government commitment to review the universal social charge including the dates during which the review was conducted; the terms of reference for the review; the members of the review group; the number and authors of submissions to the review group; if the review has been concluded; if a report has been forwarded to him; if so, if he will lay this report before the Dáil Éireann; and if he will make a statement on the matter. [34440/11]

Minister for Finance (Deputy Michael Noonan): As the Deputy is aware, the Programme for Government contained a commitment to review the Universal Social Charge (USC). The Terms of Reference of the Review were to examine the impact of the USC with particular focus on the following areas:

• Low paid income earners;

• Persons over 65;

• Medical Card Holders;

• Widows/Widowers;

• Self-employed;

• Public Service Pensioners;

• Employer contributions to PRSAs; and

538 Questions— 15 November 2011. Written Answers

• Any other issues (including any operational issues that have arisen in the admini- stration of the charge).

The Review of the USC commenced in June 2011 and it is almost complete. I expect the final report of the Review in advance of Budget 2012. The Review was conducted by officials from my Department with the assistance of Revenue officials. The Department of Social Protection was also consulted on aspects, as was the Depart- ment of Public Expenditure and Reform. On a number of occasions in the Dáil, I invited interested parties to take part in the Review by way of submission to my Department. To date, my Department has not received any formal submissions regarding the Review. However, representations made to me as Minister of Fin- ance, in relation to the USC generally, by various groups such as the PSEU, the Pensions Ombudsman, Widows’ Associations, Insurance Companies as well as individual taxpayers, were considered as part of the Review. When the Review is complete and the final report is presented to me, I will decide on the appropriate action to be taken in the context of Budget 2012.

Irish Bank Resolution Corporation 64. Deputy Sandra McLellan asked the Minister for Finance the process by which Anglo Irish Bank was re-named Irish Bank Resolution Corporation; the person who came up with the name; the reason the word resolution was used; if his attention has been drawn to any potential issues arising from the use of the word resolution with respect to receiving EU fund- ing; if any concerns have been expressed to him by any EU official or institution on this matter; and if he will make a statement on the matter. [34436/11]

Minister for Finance (Deputy Michael Noonan): As part of the planning process around the submission of a business plan to the EC, the Bank initiated an internal process to develop a new name. A shortlist of names was approved internally in the bank and submitted to the Department of Finance. The Minister, at that time, considered the shortlist of names and opted instead to call the bank the Irish Bank Resolution Corporation Limited. This name was subsequently accepted by the Board of the Bank. I am informed that the word “resolution” was included to reflect the function of the bank. I am not aware of any potential issues arising from the use of the word “resolution” with respect to EU funding.

Tax Yield 65. Deputy Aengus Ó Snodaigh asked the Minister for Finance if there was a difference between the projected income from the universal social charge and the actual received income from the charge based on the most recent figures available; and if he will make a statement on the matter. [34446/11]

Minister for Finance (Deputy Michael Noonan): Universal Social Charge (USC) receipts are collected by the Revenue Commissioners as a component of income tax. I am informed by the Revenue Commissioners that it is estimated that receipts from the USC amounted to slightly less than €2.3 billion in the first ten months of 2011. This compares to a projected yield of just slightly over €2.3 billion for that period and so receipts were almost exactly in line with expectations.

European Financial Stability Fund 66. Deputy Brendan Smith asked the Minister for Finance if he will provide details of the

539 Questions— 15 November 2011. Written Answers

[Deputy Brendan Smith.] way Ireland will benefit from the enhanced role of the European Financial Stability Facility as set out in the 21 July and 26 October European Summit communiqués; the plans he has in that regard; and if he will make a statement on the matter. [34421/11]

Minister for Finance (Deputy Michael Noonan): The Euro Area Heads of State and Govern- ment at their meeting of 21 July last, announced a number of significant changes to the Euro- pean Financial Stability Facility (EFSF). These changes included increasing the effective capa- city of the EFSF to its headline €440 billion figure by increasing the level of over-guarantee from €440 billion (120%) to €780 billion (165%); reducing the interest rate on EFSF loans to Ireland, Greece and Portugal to lending rates equivalent to those of the Balance of Payments Facility, close to, without going below, the EFSF funding cost as well as lengthening the loan maturities; the ability to act on the basis of a precautionary programme; the ability to finance recapitalisation of financial institutions through loans to governments including in non prog- ramme countries; and the ability to intervene in primary and secondary markets on the basis of an ECB analysis recognising the existence of exceptional financial market circumstances and risks to financial stability and on the basis of a decision by mutual agreement of the EFSF/ESM Member States, to avoid contagion. On 27 October, the Euro Area Heads of State and Government agreed a further change to enable leveraging of EFSF funds. These changes have significantly reduced the cost of our borrowing from the EFSF, both by setting the margin to zero on the loans to Ireland (along with those for Portugal and Greece) and also through the elimination of the credit enhancement measures. In terms of benefits, it is now estimated that the overall net reduction in Ireland’s EFSF interest rate margin and other changes will be in the range of 2.7% to 2.8%. It should be noted that the EFSF’s cost of funds depends on the interest rate it pays for its market issuance when raising funds for programme countries. New Instruments In relation to the new instruments, Ireland welcomes the introduction of the new flexibilities to the new EFSF. Technical discussions on the implementation of these new instruments are continuing with a view to finalising guidelines for each as soon as possible. Ireland is actively participating in this EU process.

Tax Code 67. Deputy Catherine Murphy asked the Minister for Finance if, in view of the failure of the domicile levy introduced in Budget 2010 to adequately realise its projected return for the Exchequer this year, he is considering making any revisions to the levy to ensure compliance; if so, the nature of these revisions; and if he will make a statement on the matter. [34390/11]

Minister for Finance (Deputy Michael Noonan): The Domicile Levy applies to an individual who is an Irish citizen and Irish domiciled, whose worldwide income exceeds €1m, whose Irish located property is worth more than €5m, and whose liability to Irish tax is less than €200,000. Any Irish income tax paid for the tax year in question can be used as a credit against the levy liability. A yield figure for the levy could not be projected, as it was not possible to estimate the number of individuals who would be affected, given the number of factors involved. The yield figure to date in respect of the 2010 tax year is just under €1.08m, with payments received from six taxpayers.

540 Questions— 15 November 2011. Written Answers

As with all other areas of taxation, the levy provisions are constantly kept under review and any changes will be determined in the context of Budget and Finance Bill.

National Debt 68. Deputy Joe Higgins asked the Minister for Finance if he will estimate the total national debt in euros as a percentage of gross domestic product by the year end of 2011, 2012, 2013, 2014 and 2015 and delineate the portion of each figure that can be attributed to the recapitalis- ation of the country’s banks and the portion that can be attributed to interest payments due by the State. [34292/11]

Minister for Finance (Deputy Michael Noonan): National debt is essentially the debt of the Exchequer. There is a second, wider measure of debt which is General Government debt. This is the standard measure of gross indebtedness used for comparative purposes within the EU. It includes the National debt as well as Local Government debt, Promissory Notes and some other minor liabilities of Government. Unlike National debt, it is a gross measure which does not allow for the offsetting of cash balances. Based on the Exchequer deficits as per the recently published Medium-Term Fiscal Statement (MTFS), National debt is projected to increase to stand at approximately €120 billion by the end of 2011 and to reach some €168 billion by the end of the current forecast period in 2015. The National debt forecasts, in both nominal euro amounts and as a percentage of GDP are set out in the table below. For the Deputy’s infor- mation, the table also shows the forecasts for cash debt interest expenditure and the forecasts for Exchequer banking related payments in each of the years 2011-2015. It is not possible to definitively delineate the estimate of the National debt that can be attributed to particular items of expenditure. However, it is estimated that, by the end of 2010, the cumulative impact on the National debt arising from Exchequer funded banking related payments was just less than €5 billion. This was the result of a €4 billion cash injection into Anglo Irish Bank in 2009 and €0.7 billion in cash payments for special investment shares in INBS and EBS in 2010. National debt at end-2010 stood at €93.4 billion. The Deputy will also be aware that some €31 billion has been committed in the form of Promissory Notes. While this full amount was accounted for as part of General Government debt in 2010, the National debt is impacted on a phased basis from 2011 onwards as the Exchequer makes the annual payments of 10 per cent of the initial capital value of the Notes or €3.1 billion. The first Exchequer payment was made earlier this year and payments will continue on an annual basis until the full value of the Notes, including interest, has been paid. Also, in 2011, the Exchequer has provided a net €6.5 billion in the context of the recapitalis- ation of the banking sector announced in July. Some €21 billion has also been allocated by the National Pensions Reserve (NPRF) to directed investments in the Irish banks. This does not impact on the National debt measure.

€ billions 2011 2012 2013 2014 2015

Forecast National Debt 120 137 151 161 168 % of GDP 77 86 92 94 94 • Cash Debt Interest Expenditure 4.8 6.8 7.2 8.0 8.3 • MTFS Estimated Net Exchequer 6.5 ———— Banking Recapitalisation Payments • Promissory Note Payments 3.1 3.1 3.1 3.1 3.1

541 Questions— 15 November 2011. Written Answers

Financial Services Regulation 69. Deputy Denis Naughten asked the Minister for Finance the steps he will take to regulate food securities trading on the stock market; and if he will make a statement on the matter. [34023/11]

Minister for Finance (Deputy Michael Noonan): I understand that the Deputy is referring to trading in “futures” in foodstuffs such as wheat on stock markets and the need to have a regulatory framework in place to deal with these trades. I am pleased to inform the Deputy that a regulatory regime for these types of trades is already in place. This regime was set down in the 2004 EU Directive on Markets in Financial Instruments, which was transposed into Irish law by way of the European Communities (Markets in Financial Instruments) Regulations 2007 (S.I. No. 60 of 2007). Part 3 of Schedule 1 of that S.I. provides a list the financial instruments which are within the scope of the Regulations. Paragraph 8 of that Part refers to “options, futures, swaps, forward rate agreements and any other derivative contracts” goes on to set down specific circumstances where these would apply. Similar provisions should be in place in all Member States. The scope of this paragraph is wide-ranging and would include derivative contracts in commodities such as foodstuffs. The Central Bank of Ireland is the competent authority in this country for the purposes of this Directive. I should point out to the Deputy that currently there are no commodities exchanges estab- lished in Ireland, either as part of the Irish Stock Exchange or elsewhere. There are approxi- mately 10 commodity exchanges operating in Europe. Most of these specialise in particular commodities, such as metals, emissions allowances or agricultural derivatives. The main agricul- tural exchanges, where foodstuff futures would be traded are based in the United Kingdom and Germany. Question No. 70 answered with Question No. 50.

Fiscal Advisory Council 71. Deputy Mick Wallace asked the Minister for Finance his views on the contention by the Fiscal Advisory Council in the most recent version of its Fiscal Assessment Report that a 1.8% deficit reduction following €20 billion worth of austerity measures illustrates that austerity measures are working to reduce the deficit; if he will acknowledge that the report in fact illustrates that austerity is not working; and if he will make a statement on the matter. [33192/11]

Minister for Finance (Deputy Michael Noonan): As has been set out in the Medium-Term Fiscal Statement (MTFS), Ireland’s General Government Deficit is expected to be €16 billion, or 10.3 per cent of GDP, in 2011. In order to bridge this gap between revenues and spending, the Irish State has to engage in large volumes of borrowing. Ireland is relying on external assistance through the EU/IMF Programme for this borrowing. The conditionality of this Prog- ramme requires Ireland to reach a deficit of no more than 8.6 per cent of GDP next year. By contrast, the underlying deficit in 2009, excluding the €4 billion capital injection into Anglo Irish Bank, was 11.7 per cent of GDP, so we are on the right path. Based on the macroeconomic and fiscal assessment set out in the MTFS, an adjustment of €3.8 billion is required if we are to adhere to the agreed deficit target of 8.6% of GDP. It is of course extremely important that we continue to adhere to the deficit targets which have been set and that we restore sus- tainability to the public finances as soon as is practically possible. Some have called for a higher level of adjustment. Both I and the Government are very conscious of the impact that a larger adjustment would have on economic activity. In striving to restore sustainability to the public finances, we must also be mindful of protecting the emerging

542 Questions— 15 November 2011. Written Answers economic recovery and seek to strike the right balance between the two. This balancing act is difficult but we believe we have struck the right balance and the EU/IMF troika agrees. On the issue as to whether austerity is working, CSO data show that the Irish economy expanded by 1.9 per cent in the first quarter of this year and by 1.6 per cent in the second quarter of the year. This is the first time Ireland has recorded two consecutive quarters of economic growth since 2006. So, the economy is growing again and the deficit is reducing. As was acknowledged in the recent MTFS, despite returning to growth, Ireland’s economy still faces significant challenges. By continuing with the process of consolidation and implementing policies which will result in sustainable economic growth, these challenges can be overcome. We must also recognise that in the absence of consolidation, the deficit would have grown to levels which would have made debt sustainability even more challenging.

European Central Bank 72. Deputy Pearse Doherty asked the Minister for Finance his position on the German Government party’s proposal to amend the voting procedure on the European Central Bank board from one member one vote to a weighted voting system based on the member states capital share of the ECB; and if he will make a statement on the matter. [34430/11]

Minister for Finance (Deputy Michael Noonan): The voting procedure for the Governing Council of the European Central Bank is set out in the Statute of the European System of Central Banks and of the European Central Bank. Any change to the voting rights set out in Article 10 of the Statute would require the unanimous decision of the European Council, based on either a recommendation from the European Central Bank and after consulting the Euro- pean Parliament and the Commission, or on a recommendation from the Commission and after consulting the European Parliament and the European Central Bank. Any amendments to the voting procedures under Article 10 cannot enter into force until they are approved by all Member States in accordance with their respective constitutional requirements. A recommend- ation made by the ECB under this Article requires a unanimous decision by the Governing Council. Finally, I would note that there are currently no such proposals for amendment before Member States for consideration.

Banks Recapitalisation 73. Deputy Micheál Martin asked the Minister for Finance if he will provide an update on the negotiations regarding the promissory note on Anglo Irish Bank; the person attending these negotiations on his behalf; if the reduction of €15- €20 billion will be achieved; and if he will make a statement on the matter. [34011/11]

Minister for Finance (Deputy Michael Noonan): As indicated I am eager to have the promiss- ory notes examined to see if they can be reconstituted or re-engineered in a better way for the State, for example by lengthening their maturity or reducing the interest rates on them, or both. I raised this issue during discussions with the EU Commission, ECB and the IMF at the last quarterly review in October. Since then technical discussions are underway between my officials and officials from the ECB and EU Commission in regard to the promissory notes. I have also indicated that discussions have commenced with the relevant authorities, at a techni- cal level, but as yet there is no indication of a successful outcome.

Cabinet Sub-Committees 74. Deputy Anne Ferris asked the Taoiseach the number of times the Cabinet Sub-Commit- tee on Climate Change has met since the formation of this Government [33509/11]

543 Questions— 15 November 2011. Written Answers

The Taoiseach: The Cabinet Committee on Climate Change and the Green Economy met on 30 June. I anticipate a further meeting of the Committee in the coming weeks.

Croke Park Agreement 75. Deputy asked the Taoiseach the number of Croke Park Agreement projects that each State agency under his aegis are progressing; if he will list each project by Department in tabular form; the amount to be saved by each project; the number that have been completed since the agreement came into force; and if he will make a statement on the matter. [34164/11]

The Taoiseach: The National Economic and Social Development Office (NESDO) is the only State Agency under the aegis of my Department. The NESDO was established under the NESDO Act 2006 and is the body corporate for the National Economic and Social Council (NESC). Under the Croke Park Agreement, the NESDO has undertaken the following projects:

Project Benefit (includes savings where Status quantifiable)

Reduction staff numbers Reduction of 11% in staff numbers since Completed April 2010 resulting in annual savings of €302,000. Reduction of 30% in the Office’s budget Savings of €1,007,000. Completed between 2010 and 2011 Publication of majority of future NESC Savings of €7,500 per report. Ongoing reports in soft copy Introduction of IT facilities which (i) (i) Average savings of approximately €2,000 Completed reduces the frequency with which IT per year. hardware is replaced and (ii) facilitates e- (ii) The enhancement in e-working enables working from outside the office. working from outside the office, which will facilitate an ongoing boost in productivity. Redeployment of staff of the discontinued Wider skills and knowledge base in the Completed National Economic and Social Forum NESC Secretariat enabling it to provide (NESF) and National Centre for an enhanced service to the NESC, the Partnership and Performance (NCPP) Department of the Taoiseach and the into the National Economic and Social public generally. Council (NESC) Introduction of a more active system of Enhanced management of sick leave in a Completed absence management fair and consistent manner and a culture of good attendance in the Office. Extensive review of the Office’s PMDS A process that is more appropriate to the Completed process. organisation and facilitates the development of higher skills and increased performance levels. Introduction of a Risk Management Minimising or avoiding potential costs by Completed Register and an IT Risk Management identifying, assessing, and prioritising Register potential risks

It should be noted that the Implementation Body for the Agreement is currently considering the progress reported on the implementation of Action Plans under Croke Park in each sector during the period, April to September 2011. The Body is due to publish a summary of the progress reported to it on its website shortly. Once the Body has completed its consideration, the progress reports for this particular reporting period for individual public service bodies, including each state agency, will be published on their organisation’s websites. 544 Questions— 15 November 2011. Written Answers

Dublin-Monaghan Bombings 76. Deputy Finian McGrath asked the Taoiseach if he has raised the issue of the documents that were withheld from the Barron inquiries at recent meetings with the British Prime Mini- ster. [34252/11]

The Taoiseach: I have raised the issue of the British Government files relating to the Barron Inquiries during the bilateral meetings I have had with the British Prime Minister. I raised it during my meeting with him in Downing Street in April and also raised it with him during his trip to Dublin as part of the Queen’s visit in May. I intend to continue to raise the matter with the British Government and will make the case in the best way possible.

Ministerial Staff 77. Deputy Mary Lou McDonald asked the Taoiseach the number of his constituency and parliamentary staff, appointed following the February 2011 elections, on salaries that exceed their applicable pay scale grade; the number of his existing and parliamentary staff employed prior to the February 2011 elections but awarded salary increases following the election that exceed their applicable pay scale grade; and if he will provide their annual salary details in a tabular format. [34577/11]

The Taoiseach: The table beneath provides details of the staff I appointed to my private and constituency offices since 9 March 2011 and their annual salaries.

Staff appointed by Taoiseach since 9 March 2011

Name Grade Annual Salary

Mark Kennelly Chief of Staff €168,000 Andrew McDowell Special Adviser €168,000 Paul O’Brien Special Adviser €80,051 Angela Flanagan Special Adviser €80,051 Pauline Coughlan Personal Assistant €64,257 Sarah Moran Personal Assistant €75,390 Gerard Deere Personal Assistant €64,257 Teresa Diskin Personal Assistant €66,519 Miriam O’Callaghan Personal Assistant €64,750 John Lohan Personal Secretary €40,233 AnneMarie Durcan Personal Secretary €40,233 Eoghan O’Neachtain* Government Press Secretary €138,655 Feargal Purcell Government Press Secretary €116,295 Cathy Madden Deputy Government Press Secretary and Head of €96,295 Government Information Service Joanne Lonergan Assistant Government Press Secretary €86,604 Mark O’Doherty Special Adviser to the Government Chief Whip €80,051 Colum Coomey Personal Assistant to the Government Chief Whip €43,715 Claire Urquhart Personal Secretary to the Government Chief Whip €46,935 John Cummins** Civilian Driver to the Leader of the Seanad €32,965 Derek Grubb Civilian Driver to the Leader of the Seanad €32,965 *Appointment terminated with effect from 30/6/2011 **Resigned with effect from 06/08/2011

545 Questions— 15 November 2011. Written Answers

Capital Projects 78. Deputy Gerald Nash asked the Taoiseach if he will provide details in relation to the number and value of State capital project contracts awarded to companies registered outside the State in the years 2009, 2010 and 2011 respectively; if he will provide details in respect of the number and value of State capital project contracts awarded to companies registered in the in the years 2009, 2010 and 2011 respectively; and if he will make a state- ment on the matter. [34816/11]

The Taoiseach: My Department awarded no State capital projects to companies registered outside the State or companies registered within the Republic of Ireland in 2009, 2010 and 2011.

Northern Ireland Issues 79. Deputy Finian McGrath asked the Tánaiste and Minister for Foreign Affairs and Trade if we are likely to have a truth commission within the next seven years. [34253/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The issue of how we can best address the legacy of the past is a critically important one. It is also the subject of much valuable ongoing work, both within Northern Ireland and by the British and Irish governments. The Government’s efforts are focused on ensuring that the work currently underway is as effective as possible.

Diplomatic Representation 80. Deputy Finian McGrath asked the Tánaiste and Minister for Foreign Affairs and Trade the amount of money saved by closing the embassies of the Holy See, East Timor and Iran; and if he will make a statement on the matter. [34041/11]

88. Deputy Robert Troy asked the Tánaiste and Minister for Foreign Affairs and Trade if he will quantify the economic benefits of closing each of the three embassies as announced last week. [34483/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): I propose to take Questions Nos. 80 and 88 together. The savings accrued by closing the three Missions in Tehran, the Holy See and Dili over a full year are estimated to amount to €1.175 million. This includes the savings on rent accruing from the planned move of the Embassy to Italy to the buildings currently occupied by the Embassy to the Holy See. However, in the short-term, there will be some disengagement and transitional costs, including items such as local staff redundancies and running down of rental contracts. As a result of the closures, it will also be possible to relocate six diplomatic staff to help offset staff losses elsewhere in the diplomatic service. The regrettable, but necessary, decision to close the Missions in question followed a thorough review carried out by my Department in which particular weight was given to the promotion of Irish economic interests abroad.

Middle East Issues 81. Deputy Finian McGrath asked the Tánaiste and Minister for Foreign Affairs and Trade if he will support and protect Irish and international citizens sailing to Gaza; and if he will support the besieged Palestinians there. [34042/11]

546 Questions— 15 November 2011. Written Answers

83. Deputy Patrick Nulty asked the Tánaiste and Minister for Foreign Affairs and Trade the way he intends to hold Israel to account for its endangerment of the lives of Irish citizens aboard the MV Saoirse and for its continuing violations of international law. [34128/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): I propose to take Questions Nos. 81 and 83 together. I have consistently stated my condemnation of and opposition to the overall blockade on Gaza, as it is implemented in practice by Israel. The essential feature of this is the restrictions imposed on the land crossings from Israel into Gaza. The naval blockade is of far less signifi- cance, as Gaza has never been and is not equipped to be a port of any significant capacity. I made clear in the House in advance of Israel’s interception of the MV Saoirse, that I could not support the actions of citizens putting themselves at risk by attempting to break a declared naval blockade, but that in the event of such action I would of course ensure that the normal consular assistance and protection was afforded to our citizens. I have reported to the House on the assistance given by the Embassy in Tel Aviv and by my Department at home, which has been recognised by Deputies. Also leading up to this event, and the earlier intended sailing in July, both I personally and my Department made clear to the Israeli authorities our assurance that the Irish activists intended a non-violent political protest, and our insistence that any measure taken to enforce the blockade, including any interception of the ship, be carried out so as to ensure the safety of the citizens involved. After the disaster that occurred in May 2010, this was clearly my first concern. I am relieved, therefore, that no injuries to our citizens were reported. The fourteen citizens detained were deported from Israel and arrived back in Ireland on Thursday and Friday last week. I have requested the Embassy in Tel Aviv to follow up with the Israeli authorities on a number of issues arising from this episode, including allegations that the MV Saoirse sustained damage during the interception.

Diplomatic Representation 82. Deputy Finian McGrath asked the Tánaiste and Minister for Foreign Affairs and Trade the amount it costs to maintain the remainder of our embassies; and the benefits accruing to this State by maintaining same. [34044/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): When the recent decisions regarding Mission closures are taken into account, Ireland will have 56 Embassies, 7 multilateral missions and 10 Consulates General and other offices overseas. In addition to their country of primary accreditation, many Ambassadors are also accredited to additional countries on a non-resident basis. The overall operating costs in 2010 for all Missions abroad came to just under €55 million. Operating costs include items such as local staff salaries but not salaries of diplomatic staff, which are a charge on the Headquarters budget. Ireland’s missions abroad perform a wide range of functions in pursuit of Ireland’s foreign policy interests. These include representing and advancing government policies with other States and in international organisations, in particular the EU and the UN; economic and cultural promotion; frontline consular and passport services to Irish citizens overseas; engaging with Irish communities and harnessing the resource they offer in assisting economic recovery; and programme management, particularly in Irish Aid priority countries. Our diplomatic missions have particular strengths in relation to facilitating access to key economic and business decision-makers; ensuring, in cooperation with the relevant State Agen- cies, that a cohesive message about the fundamentals of the Irish economy is conveyed to major

547 Questions— 15 November 2011. Written Answers

[Deputy Eamon Gilmore.] opinion-formers internationally; targeted promotion and, in some locations, in dealing with regulatory issues.

Question No. 83 answered with Question No. 81.

Croke Park Agreement 84. Deputy Dominic Hannigan asked the Tánaiste and Minister for Foreign Affairs and Trade the number of Croke Park Agreement projects that each State agency under his aegis are progressing; if he will list each project by Department in tabular form; the amount to be saved by each project; the number that have been completed since the agreement came into force; and if he will make a statement on the matter. [34158/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): There are no State agencies operating under the aegis of my Department.

Passport Applications 85. Deputy Finian McGrath asked the Tánaiste and Minister for Foreign Affairs and Trade the number of Irish passports issued to date in 2011 for residents of Northern Ireland; the percentage figure for this year for Irish passports issued to Northern Ireland persons over the past five years; and the overall figure for the number of Northern Ireland persons holding Irish passports. [34232/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The Passport Service technology system does not record “address” information in the structured format necessary to facilitate the production of management information in relation to place of resi- dency, place of birth etc. The availability of this information would require a fundamental redesign of the system, which could not be cost justified for this facility alone. This matter will be addressed in the context of any major system changes which may emerge in the future. In relation to figures from Northern Ireland, I can provide some information which may be of assistance to the deputy. I can confirm that up to end October 2011 31,800 applications were received through the Northern Ireland Passport Express service. This figure compares with 37,600 for all of 2010, 37,800 for 2009, 38,400 applications in 2008 and 36,000 in 2007. The number of Northern Ireland Passport Express applications represent 5.1% of all received to date this year, 5.5% in 2010, 5.8% in 2009, 5.8% in 2008 and 5.1% in 2007. The Northern Ireland Passport Express service is an equivalent to the Passport Express service and is available in over 60 post offices in Northern Ireland.

Proposed Legislation 86. Deputy Catherine Murphy asked the Tánaiste and Minister for Foreign Affairs and Trade the reason he was informing members of the public, as recently as 21 October 2011, that climate change legislation would be published in 2012, when the Minister for the Environment, Community and Local Government had told IBEC on 5 October that national climate policy may benefit from support through legislation, as signalled in the programme for Government, but that is a matter for another day, the first priority is completing the climate policy review and the follow-up steps in terms of charting a course to a low-carbon, climate resilient economy; and if he will make a statement on the matter. [34237/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): Ireland will meet its greenhouse gas target for the purposes of the Kyoto Protocol in the commitment

548 Questions— 15 November 2011. Written Answers period 2008-2012. Further targets for the 2013-2020 period, which are binding under EU law, will be challenging and it is in light of this challenge, inter alia, that the Minister for Envir- onment, Community and Local Government is asking the secretariat to the National Economic and Social Council (NESC) to assist in formulating policy on how the target will be met. All stakeholders will be consulted in the policy development process. I believe this pragmatic approach is important so that any legislation that is produced is robust and has cross-sector support. In line with the Programme for Government and as indicated in the Government Legislation Programme published in September, the Minister for Environment, Community and Local Government has indicated that 2012 is the earliest expected date before any legis- lation can be published, taking account of the need to progress the broader climate policy agenda under the aegis of the Cabinet Committee on Climate Change and the Green Economy.

Trade Missions 87. Deputy Terence Flanagan asked the Tánaiste and Minister for Foreign Affairs and Trade if he will provide an update regarding the trade mission to China; and if he will make a state- ment on the matter. [34260/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The Govern- ment attaches great importance to widening and deepening bilateral relations with China. China is a key high-growth and high-potential priority market under the Government’s Strategy and Action Plan for Irish Trade, Tourism and Investment to 2015. Total trade between Ireland and China was worth €7.6 billion in 2010 and over 130 Irish companies now have a business presence on the ground in China. The Taoiseach intends to visit China and contact is continuing through our Embassy in Beijing to arrange mutually acceptable dates. The trade dimension of this visit will entail close coordination by my Department with the relevant Government Departments and State Agen- cies. I also hope to visit China next year.

Question No. 88 answered with Question No. 80.

Trade Relations 89. Deputy Maureen O’Sullivan asked the Tánaiste and Minister for Foreign Affairs and Trade the top 20 items being traded by companies based here with Israel or Israeli-based companies; if any of these items include components that may be used in military or security surveillance equipment; and if he will make a statement on the matter. [34491/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): Trade data is compiled on the basis of product description categories rather than individual items. The top 20 categories of merchandise exports to Israel are outlined in the table below, which has been provided by the Department of Jobs, Enterprise and Innovation.

Top 20 Merchandise Exports to Israel for 2010

Product €,000

Computers, Computer Parts & Storage Devices 57,761 Electronic Components & integrated circuits 39,977 Soft Drink concentrate 34,489 Infant foods & other misc. edible products & preparations 25,113 Medical & pharmaceutical products 23,189

549 Questions— 15 November 2011. Written Answers

[Deputy Eamon Gilmore.] Product €,000

Chemical materials & products 21,221 Organic chemicals (mainly for pharmaceutical sector) 6,074 Pacemakers, cds, dvds & other digital media 5,179 Aircraft engines and parts 4,772 Meat & meat preparations 4,317 Plastics in primary forms 3,864 Professional, scientific & controlling apparatus 3,532 Beverages 3,332 General industrial machinery & equipment & parts 2,825 Dyeing, tanning & colouring materials 2,671 Machinery specialised for particular industries 2,049 Telecommunications & sound equipment 1,431 Dairy products 1,157 Coal, coke & briquettes 1,133 Plastics in non-primary forms 780

The Export Licensing Unit of the Department of Jobs, Enterprise and Innovation is responsible for managing controls on exports of dual-use items and military items.

Appointments to State Boards 90. Deputy asked the Tánaiste and Minister for Foreign Affairs and Trade the number of positions on State boards and agencies under his aegis which he has advertised in the past seven months; the number of applications received; the number of applicants sub- sequently appointed; and if he will make a statement on the matter. [34506/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): There are no State boards and no State agencies under the aegis of my Department.

Ministerial Staff 91. Deputy Mary Lou McDonald asked the Tánaiste and Minister for Foreign Affairs and Trade the number of his constituency and parliamentary staff, appointed following the February 2011 elections, on salaries that exceed their applicable pay scale grade; the number of his existing and parliamentary staff employed prior to the February 2011 elections but awarded salary increases following the election that exceed their applicable pay scale grade; and if he will provide their annual salary details in a tabular format. [34571/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The follow- ing are details of the appointments made by me since I took up duty as Tánaiste and Minister for Foreign Affairs on 9 March 2011. The salaries attaching to the first two listed posts are commensurate with the responsibilities the post holders carry in the Office of the Tánaiste. The remaining salaries are within the guidelines relating to Ministerial appointees.

Post Salary or scale Public service post prior to appointment

Special Adviser — Office of the €168,000 Houses of the Oireachtas — Chef Tánaiste de Cabinet

550 Questions— 15 November 2011. Written Answers

Post Salary or scale Public service post prior to appointment

Special Adviser — Office of the €155,000 Not applicable Tánaiste Special Adviser — Department of €80,051 Houses of the Oireachtas — Foreign Affairs and Trade Administrator Personal Assistant — Office of the Personal Assistant scale €43,715 — Houses of the Oireachtas — Tánaiste €56,060 per annum Administrative Assistant Personal Assistant — Department Personal Assistant scale €43,715 — Not applicable of Foreign Affairs and Trade €56,060 per annum Personal Secretary — Department Personal Secretary scale €456.50 — Houses of the Oireachtas — of Foreign Affairs and Trade €915.20 per week Secretarial Assistant

Passport Applications 92. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the progress made to date in respect of an application for an Irish passport in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [34675/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The Depart- ment assesses passport applications of this type in accordance with guidelines provided by the Department of Justice and Equality, which is responsible for matters of citizenship and immigration. I indicated in my reply to the Deputy, on 02 November, that officials in the Passport Service were discussing legal advice obtained in this area with officials in the Depart- ment of Justice and Equality. I expect that these discussions will conclude in the near future and I will revert to directly to the Deputy at that time. I can assure the Deputy that officials in my Department are giving this case the highest priority and I expect the matter will be finalised very shortly.

Capital Projects 93. Deputy Gerald Nash asked the Tánaiste and Minister for Foreign Affairs and Trade if he will provide details in relation to the number and value of State capital project contracts awarded to companies registered outside the State in the years 2009, 2010 and 2011 respectively; if he will provide details in respect of the number and value of State capital project contracts awarded to companies registered here in the years 2009, 2010 and 2011 respectively; and if he will make a statement on the matter. [34810/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The 2005 Department of Finance guidelines on Capital Appraisal define minor projects as those with a value under €500,000. Accordingly, details of the three contracts awarded by my Department whose value exceeds that threshold during the period in question are provided in the table. All three projects were carried out by companies registered outside the State and there were no such contracts awarded to companies registered in Ireland during that timeframe.

Contracts over €500,000 awarded from 2009 to 2011

Year of Company Type of contract Country of Registration Value Contract

2009 GT Consulting Engineers Construction of Chancery Ethiopia €1,848,686 in Addis Ababa

551 Questions— 15 November 2011. Written Answers

[Deputy Eamon Gilmore.] Year of Company Type of contract Country of Registration Value Contract

2009 Tomas Kopecky Upgrade of Residence in Czech Republic €763,000 Construction Prague 2010 IAI Industrial Systems ICT — replacement of The Netherlands €1,552,000 Passport production machine

My Department complies with EU and WTO rules on public procurement (which are part of Irish law), which prohibit discrimination against suppliers on grounds of nationality. Similarly, public contracting authorities in other EU Member States are prohibited from discriminating against Irish suppliers and service providers on grounds of nationality. This is a basic feature of the EU and WTO Free Trade rules which are of critical importance in ensuring that Irish exporters have free and unrestricted access to public sector markets overseas, particularly at a time when such opportunities in Ireland are contracting.

Vehicle Registration 94. Deputy Patrick O’Donovan asked the Minister for Finance his views on the introduction of a re-registration system whereby owners of second-hand cars can register their car in their county of residence. [34060/11]

Minister for Finance (Deputy Michael Noonan): As the Deputy may be aware this matter is the subject of a Pre-Budget submission and as such will be considered in the context of the forthcoming Budget.

National Asset Management Agency 95. Deputy Joe Costello asked the Minister for Finance if he will respond to a matter (details supplied) regarding the National Asset Management Agency; and if he will make a statement on the matter. [34271/11]

Minister for Finance (Deputy Michael Noonan): NAMA has a commercial mandate to obtain the best achievable financial return on behalf of the State. It has emphasised repeatedly that one of its objectives is to instigate the sale of properties by its debtors and in order to facilitate this, it approves the sale of properties by debtors at realistic current market prices. In terms of determining an appropriate current level of pricing for particular properties, I am advised that NAMA has access to expert valuers with local knowledge of properties. In some cases, potential purchasers may disagree with NAMA-approved pricing. I am informed by NAMA that it is open to discussion with any potential purchaser on the sale of particular properties but only through engagement by those purchasers with sales agents acting for NAMA debtors or NAMA-appointed receivers. It is not appropriate that details of individual sales transactions should be divulged or dis- cussed in public. However, the Deputy will be aware that NAMA has set up a dedicated e-mail address, [email protected], to which members of the Oireachtas may direct questions on matters of public interest provided the terms of Section 221 of the National Asset Management Act 2009 are respected. Accordingly, NAMA informs me that if the Deputy directs his query through this channel, the agency will provide him with relevant information.

Illicit Trade in Tobacco Products 96. Deputy Michael Healy-Rae asked the Minister for Finance if he will review a matter 552 Questions— 15 November 2011. Written Answers

(details supplied) regarding cigarette smuggling; and if he will make a statement on the matter. [34299/11]

Minister for Finance (Deputy Michael Noonan): I am informed by the Revenue Commis- sioners, who are responsible for the collection of tobacco products tax, and for tackling the illicit trade in cigarettes and tobacco products, that they regard the tackling of the illicit tobacco trade as a high priority area. The strategy employed by Revenue to tackle this illicit trade is multi-faceted. It includes ongoing analysis of the nature and extent of the problem, developing and sharing intelligence on a national, EU and international basis, ongoing review of oper- ational policies, development of analytics and detection technologies, optimum deployment of resources at point of importation and inland, in order to intercept the contraband product and to prosecute those involved. Interception at the point of importation is achieved through a combination of risk analysis, profiling, intelligence, and the screening of cargo, vehicles, baggage and postal packages. Revenue enforcement officers also target this illicit trade at the post-importation level by carry- ing out intelligence-based operations and random checks at retail outlets, markets and private and commercial premises. Revenue also carries out regular multi-agency operations, partic- ularly in relation to large maritime importations and in checks at inland markets. Regarding the introduction of a minimum fine for cigarette smuggling and illegal tobacco selling, I am informed by the Revenue Commissioners that the penalties for these offences are contained in section 119 of the Finance Act 2001. That section sets out the various actions that constitute evasion or attempted evasion of excise duty, as well as the penalties, by way of fine and/or imprisonment for such offences. Under that provision the penalty on summary convic- tion for evasion of excise duty is €5,000 and/or a term of imprisonment not exceeding 12 months. The penalty on indictment is up to €126,970 or, where the value of the excisable product concerned is greater than €250,000, up to three times the value of the products, and/or a term of imprisonment not exceeding 5 years. The monetary penalty of €126,970, which was sanctioned by the Oireachtas in the 2010 Finance Act, represents a significant increase on the previous penalty of €12,695. In 2010, ninety-seven court convictions for cigarette smuggling were secured with total fines of €50,380 and fifteen custodial sentences were imposed. In addition, a further forty-one convic- tions were obtained for illegal selling of unstamped tobacco products with total fines of €107,750, together with seven custodial sentences and two community service orders imposed. To date in 2011, eighty-five court convictions for cigarette smuggling have been secured with total fines of €113,350 and twenty-six custodial sentences have been imposed with nineteen suspended. A further forty-one convictions for illegal selling of unstamped tobacco products have been obtained with total fines of €85,850 and eleven custodial sentences have been imposed with six suspended. The Deputy will appreciate that the penalty to be imposed in any particular case is, of course, a matter for the Courts. Section 130(2) of the Finance Act 2001 permits a trial judge, in his or her discretion, to mitigate a fine or penalty incurred for an offence under excise law, provided that the amount so mitigated is not greater than 50% of the amount of such fine or penalty. The Europol report referred to in the letter accompanying the Deputy’s Question is the Europol EU Organised Crime Threat Assessment (OCTA 2011). That report stated that pre- ferred destinations for cigarette smuggling within the EU are countries with comparatively high taxes on tobacco such as the Scandinavian countries, Germany, Spain, the UK and Ireland. However, the level of cigarette smuggling in a given country is influenced by a variety of factors, of which price is only one. These factors also include geographical location, population

553 Questions— 15 November 2011. Written Answers

[Deputy Michael Noonan.] demographics, the level of cross border trade, price differential with neighbouring countries and general accessibility by air, sea, road and rail.

Economic and Monetary Union 97. Deputy Robert Dowds asked the Minister for Finance his views on the dominant posi- tions which the German Chancellor and the French President have taken in terms of working out the problems of the European Union and euro area; and the way he envisages the problems relating to the euro being sorted out. [34482/11]

Minister for Finance (Deputy Michael Noonan): While we need to ensure that no one Member State nor a small number of Member States act entirely on their own in pushing agendas, there are some advantages of larger countries moving the agenda forward — for instance one of the main criticisms during the crisis has been the so-called ‘leadership deficit’. So if the larger Member States can address this deficit, then that is in all of our interests. Of course, this must be balanced and be in the interests of the euro area as a whole. My (and the Government’s) preference would be to use the community method more, where other Member States’ views and inputs can be made and where the Commission can act to ensure that the voice of the smaller Member States is heard. In terms of addressing the problems of the euro, it is crucial that the comprehensive strategy announced by euro area Heads of State and Government on the 26th of October is implemented swiftly and in full. As well as resolving the current difficulties, this strategy aims to put in place the necessary foundations for a strengthened euro area.

Official Engagements 98. Deputy Micheál Martin asked the Minister for Finance if he will detail his recent dis- cussions with Mr. Mario Draghi. [34385/11]

128. Deputy Micheál Martin asked the Minister for Finance if he intends holding a meeting with the incoming President of the European Central Bank. [28456/11]

132. Deputy Micheál Martin asked the Minister for Finance if he has arranged any dis- cussions with Mr. Mario Draghi. [31039/11]

133. Deputy Micheál Martin asked the Minister for Finance his plans to meet the new Pres- ident of the ECB, Mr. Mario Draghi; the issues he plans to discuss with him; and if he will make a statement on the matter. [32969/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 98, 128, 132 and 133 together. Since my appointment as Minister for Finance I have engaged with Mr Draghi’s predecessor at the ECB at Eurogroup/Ecofin meetings. I spoke with Mr Draghi on the margins of the Eurogroup meeting on 7th November and it is my intention to meet with him specifically at a date suitable to both our schedules. While no agenda has been settled, I would expect that the topics will cover euro area matters generally, as appropriate, as well as Ireland’s EU/IMF programme.

Question No. 99 answered with Question No. 50.

554 Questions— 15 November 2011. Written Answers

National Debt 100. Deputy Micheál Martin asked the Minister for Finance if there will be an independent review of the €3.6 billion miscalculation that took place in his Department’s 2010 figures; when this will be completed; and if he will make a statement on the matter. [34013/11]

Minister for Finance (Deputy Michael Noonan): The figure reported to Eurostat at the end of September for general government debt for end-2010 was €148 billion, or 94.9% of GDP. Subsequently it has emerged that this gross debt figure overstated the amount by €3.6 billion due to a double-counting error. The corrected figure for general government debt for 2010 is €144.4 billion, or 92.6% of GDP. As the Deputy is aware, I told the Dáil in the Topical Debate on this issue on 2nd November that this is a matter of upmost gravity and that I am determined to discover how this occurred and what needs to be done to ensure that such errors do not happen in the future. To that end, the Secretary General of the Department of Finance has instigated a review of the matter within the Department and the intention is to have this review concluded by the end of the month. As I have announced, and as the Secretary General has also informed the Public Accounts Committee, there will also be an external review. This will assess the internal management report along with the systems and risk controls involved in the compilation and reporting of General Government Debt. Accordingly, it will review the respective roles of the Department, the Central Statistics Office and the National Treasury Management Agency and the interac- tion between all three organisations. This second review will also make recommendations to ensure that the systems are robust. My aim is that the External Review will be completed by the end of the year.

Banking Sector Regulation 101. Deputy Gerry Adams asked the Minister for Finance the steps he has taken to address the failure of the Irish banks to pass on to mortgage customers cuts to interest rates by the European Central Bank. [34296/11]

Minister for Finance (Deputy Michael Noonan): Neither the Central Bank nor I, as Minister for Finance, have a statutory role in the setting of interest rates charged or paid by financial institutions regulated by the Central Bank. While I want to welcome the decision by the majority of lenders to reduce their standard variable rates following the recent announcement by the ECB, I would encourage all lenders to follow suit. Such a reduction will be of benefit to homeowners struggling with mortgage payments. The Government wants the lending insti- tutions to pass on the interest rate cut for a number of reasons. In particular, the interest rate cut will be of assistance to those mortgage holders who are struggling to pay their mortgages. Following a request from the Taoiseach, Mr Elderfield, the Deputy Governor of the Central Bank, forwarded a report regarding mortgage interest rates on 11 November 2011. The Deputy Governor acknowledges that the Government is not unjustified to have concerns for some particular banks regarding the widening of the spreads by which their standard variable rate (SVR) exceed their cost of funds and how they are still so far above the prevailing rates of their industry peers. However, the Deputy Governor states that the power to exercise close regulatory control over retail interest rates is not sought by the Central Bank at this time. He has indicated that the Central Bank will, within its existing powers and through persuasion use existing processes to engage with specific lenders which appear to have standard variable rates set disproportionate to their cost of funds. The Deputy Governor has indicated that experience of interest rate controls in the past and in other countries does not encourage the Central Bank to believe that such a regime would

555 Questions— 15 November 2011. Written Answers

[Deputy Michael Noonan.] be advantageous in net terms as the banking system recovers its normal functioning. Binding controls tend to reduce availability of credit and channel it to the most creditworthy customers, starving smaller and less secure customers from credit. The Deputy Governor indicates that this could have a chilling effect on the entry of sound competitors into the market. By absolving banks from their responsibility to price risk accurately, binding interest rate controls would, especially during this recovery phase, impede progress towards the re-establishment of bank management practices that can ensure a healthy and free-standing banking system no longer dependent on the Government for bail-outs. I welcome the report from Mr Elderfield which will be examined to see what further action, if any, is required. My initial reading of his report is that the Deputy Governor is not seeking emergency legislation. Taking into account the advice of the Central Bank, I do not intend to recommend to Government to introduce emergency legislation.

Ministerial Appointments 102. Deputy Gerry Adams asked the Minister for Finance if he continues to have confidence in the decision to appoint Mr. Kevin Cardiff to the European Court of Auditors. [34267/11]

Minister for Finance (Deputy Michael Noonan): Mr Cardiff retains the Government’s full support as Ireland’s nomination to the European Court of Auditors. Mr. Cardiff carries with him a long career of distinguished public service here and the credentials to do a first class job in respect of the European Court of Auditors.

Fiscal Policy 103. Deputy Stephen Donnelly asked the Minister for Finance, in view of his earlier impli- cation that the ECB had effectively threatened that there would be consequences if the bond payments due by the former Anglo Irish Bank were not paid and his more recent statement that the threats of increased interest rates or of a turning off of the tap of liquidity to the banking system were never explicitly made, if he will give details of his fears were the next bond due to Anglo Irish Bank bondholders, of €1.25 billion, due in January, to not be paid; and the stages in which this might happen. [34879/11]

Minister for Finance (Deputy Michael Noonan): As the Deputy is aware it has always been my position in relation to the payment of unguaranteed unsecured senior bonds that, given the significant cost of IBRC, to the Irish State and the Irish taxpayer, that the burden of debt should be shared with the bondholders. However, if we were to suspend payments to creditors in IBRC this would have a significant impact on both the bank and ultimately the State. This senior debt, unsecured as it is, is an obligation of the bank. If the bank does not meet such obligations it would lead to a default and following that, most likely, insolvency. Insolvency would result in a significant increase in the cost to the State to resolve IBRC. As I stated after my meeting with ECB President Trichet and Commissioner Rehn last month, our European partners expressed strong reservations about burden sharing with senior bond holders in IBRC. Mr Trichet voiced his opinion that he is against such actions for two reasons:

• Firstly private sector involvement carries very significant contagion risk and may be inconsistent with encouraging private investors to return to markets.

• Secondly, he said Ireland had done particularly well over the summer. He mentioned the narrowing of bond spreads and he said that he felt that anything to do with senior

556 Questions— 15 November 2011. Written Answers

debt burden sharing might knock the confidence of the market in the absolute commit- ment of the government to take once again its place in normally functioning markets; as a result bond yields could widen again and we would lose the ground we had gained.

Mr. Trichet’s views were echoed by Commissioner Rehn. The positive international commen- tary on Ireland has been created by the Government’s successful renegotiation of the Memor- andum of Understanding, the introduction of the Jobs Initiative, the sizeable reduction of the interest rate on the EU IMF Programme and the reduction in the cost of the banks to the taxpayer. The value of support, present and future, we receive from our European partners far out- weighs any short term gain from imposing burden sharing on these bonds in the face of Euro- pean opposition to such a move. For example, circa €110 billion of funding is provided by the ECB and the Central Bank of Ireland to the Irish Banks at a cost below which they could borrow in the market. This is in addition to the €85 billion set out in the Programme with the Troika. We still have unfinished business with our partners to find the most cost effective way of resolving IBRC over the long term. The Government’s aim is to ensure that the overall cost of resolving IBRC and the costs of resolving the difficulties in the banking sector generally are kept to a minimum. I will consider the future payment of maturing bonds in IBRC in this context and in terms of what is best for the overall position of the State. However, I can make it very clear that Irish credit institutions access ECB liquidity under the same rules and subject to the same conditions as credit institutions around Europe. Clearly the ECB has given very large amounts of liquidity assistance to Irish banks and it maintains a keen interest in the Irish banking sector. In this regard, I would point to the statement of the ECB on 31 March last to the effect that against the background of the recapitalisation of the banks “the Eurosystem will continue to provide liquidity to banks in Ireland”. Together with other decisions announced on this date, the ECB was and is clear about its support for Irish banks.

Ministerial Appointments 104. Deputy Mary Lou McDonald asked the Minister for Finance the degree and/or other third level qualification course that the Secretary General to the Department graduated with from the University of Washington and also University College Dublin. [34031/11]

Minister for Finance (Deputy Michael Noonan): Mr Kevin Cardiff, Secretary General gradu- ated with the following qualifications from the University of Washington and University College, Dublin:

Qualifications Location Year

Degree in History and Psychology University of Washington, Seattle, 1983 USA Masters in Business Studies University College, Dublin 1991

Banking Sector Regulation 105. Deputy Dara Murphy asked the Minister for Finance the reason the EBS, which is a part of AIB, has a variable mortgage interest rate of 4.93%, and AIB 3.25%; the reason they do not charge the same variable mortgage interest rate to all customers both in AIB and in EBS; and if he will make a statement on the matter. [34039/11] 557 Questions— 15 November 2011. Written Answers

Minister for Finance (Deputy Michael Noonan): The merger of AIB and EBS was formally completed on 1 July 2011. Prior to the completion of the merger, each of the banks set their variable mortgage rates according to the levels, calculated by the respective management teams and boards, that was required for each of the institutions to operate as a commercially viable entity in light of the challenging market conditions, the expected cost of funds, future impair- ments and ongoing operational costs. Notwithstanding the merger of the two banks, EBS continues to operate as a wholly owned subsidiary of AIB with its own individual banking licence, brand and cost structure. This arrangement has been determined by the Board of AIB as being the most effective method of integrating the EBS business whilst retaining the core strengths of each individual entity which should return the greatest value to the State over time as shareholder. While this operational position exists it is likely that AIB and EBS will continue to offer different products to customers and as such, the banks can be expected, in the short to medium term, to price their mortgages and deposits differently from each other in the marketplace. Ultimately the pricing of financial products, including variable mortgage interest rates, is a commercial decision for the respective management teams and boards of the banks having given due regard to its customers and the State as majority shareholder.

Fiscal Policy 106. Deputy Pearse Doherty asked the Minister for Finance the date on which he established a group to examine the issue of the Anglo Irish Bank promissory note; the membership of this group; the terms of reference of this group; if this group has reported back to him; and if so, if he will detail the contents of that report; and if he will make a statement on the matter. [34062/11]

146. Deputy Michael McGrath asked the Minister for Finance if he will provide details of all meetings, including dates and a list of the attendees, that have been held so far between him and/or officials with the European authorities on the renegotiation of the Anglo Irish Bank, Irish Nationwide Building Society and EBS promissory note arrangement; the progress made so far and the current status of the negotiations; the basis of his calculation that Ireland is seeking a reduction in its debt of €15 billion to €20 billion; and if he will make a statement on the matter. [34598/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 106 and 146 together. As the Deputy is aware the matter of the Promissory Note is managed on an ongoing basis within my Department. The section assigned the role is staffed with the appropriate expertise and experience. The section has the facility to draw on the full range of internal and external expertise as required. The relevant section in my Department has been assigned responsibility to progress this matter. As indicated I am eager to have the promissory notes examined to see if they can be reconsti- tuted or re-engineered in a better way for the State, for example, by lengthening their maturity or reducing the interest rates on them, or both. I raised this issue during discussions with the EU Commission, ECB and the IMF at the last quarterly review in October. Since then technical discussions are underway between my officials and officials from the ECB and EU Commission in regard to the promissory notes. As yet there is no indication of a successful outcome.

Banking Sector Regulation 107. Deputy Finian McGrath asked the Minister for Finance if he will respond to correspon- dence (details supplied) regarding interest rates. [34088/11] 558 Questions— 15 November 2011. Written Answers

Minister for Finance (Deputy Michael Noonan): Neither the Central Bank nor I, as Minister for Finance, have a statutory role in the setting of interest rates charged or paid by financial institutions regulated by the Central Bank. While I want to welcome the decision by the majority of lenders to reduce their standard variable rates following the recent announcement by the ECB, I would encourage all lenders to follow suit. Such a reduction will be of benefit to homeowners struggling with mortgage payments. The Government wants the lending insti- tutions to pass on the interest rate cut for a number of reasons. In particular, the interest rate cut will be of assistance to those mortgage holders who are struggling to pay their mortgages. Following a request from the Taoiseach, Mr Elderfield, the Deputy Governor of the Central Bank, forwarded a report regarding mortgage interest rates on 11 November 2011. The Deputy Governor acknowledges that the Government is not unjustified to have concerns for some particular banks regarding the widening of the spreads by which their standard variable rate (SVR) exceed their cost of funds and how they are still so far above the prevailing rates of their industry peers. However, the Deputy Governor states that the power to exercise close regulatory control over retail interest rates is not sought by the Central Bank at this time. He has indicated that the Central Bank will, within its existing powers and through persuasion use existing processes to engage with specific lenders which appear to have standard variable rates set disproportionate to their cost of funds. The Deputy Governor has indicated that experience of interest rate controls in the past and in other countries does not encourage the Central Bank to believe that such a regime would be advantageous in net terms as the banking system recovers its normal functioning. Binding controls tend to reduce availability of credit and channel it to the most creditworthy customers, starving smaller and less secure customers from credit. The Deputy Governor indicates that this could have a chilling effect on the entry of sound competitors into the market. By absolving banks from their responsibility to price risk accurately, binding interest rate controls would, especially during this recovery phase, impede progress towards the re-establishment of bank management practices that can ensure a healthy and free-standing banking system no longer dependent on the Government for bail-outs. I welcome the report from Mr Elderfield which will be examined to see what further action, if any, is required. My initial reading of his report is that the Deputy Governor is not seeking emergency legislation. Taking into account the advice of the Central Bank, I do not intend to recommend to Government to introduce emergency legislation.

Tax Code 108. Deputy Michael McGrath asked the Minister for Finance his plans to change the tax- ation treatment of redundancy lump sums with particular reference to standard capital superan- nuation benefit and top slicing relief; and if he will make a statement on the matter. [34097/11]

Minister for Finance (Deputy Michael Noonan): As the Deputy is aware, it is a longstanding practice of the Minister for Finance not to comment in advance of the Budget on any tax or expenditure matters that might be the subject of Budget decisions.

109. Deputy Catherine Murphy asked the Minister for Finance his plans to alter the cut off point for the universal social charge; if he has costed a change that would taper this liability; and if so, the outcome of same; and if he will make a statement on the matter. [34099/11]

Minister for Finance (Deputy Michael Noonan): The position is that an individual is liable to pay the Universal Social Charge (USC) if his/her gross income exceeds the threshold of

559 Questions— 15 November 2011. Written Answers

[Deputy Michael Noonan.] €4,004 per annum. USC is not levied on payments from the Department of Social Protection. For 2011, the rates of USC for PAYE income are as follows: * 2% on the first €10,036 * 4% on the next €5,980 * 7% on the balance It should be noted that there is a commitment in the Programme for Government to carry out a review of the USC. This review is close to completion. The Terms of Reference of the Review are broad and wide-ranging and include, but are not limited to, the following areas: * Low paid income earners; * Persons over 65; * Medical Card Holders; * Widows/Widowers; * Self-employed; * Public Service Pensioners; * Employer contributions to PRSAs; and * Any other issues (including any operational issues that have arisen in the administration of the charge). When the Review is completed and the findings are presented to me, I will make any neces- sary decisions in the context of Budget 2012.

Croke Park Agreement 110. Deputy Dominic Hannigan asked the Minister for Finance the number of Croke Park agreement projects that each State agency under his aegis is progressing; if he will list each project by Department in tabular form; the amount to be saved by each project; the number that have been completed since the agreement came into force; and if he will make a statement on the matter. [34157/11]

Minister for Finance (Deputy Michael Noonan): In response to the Deputy’s question it should be noted that the Implementation Body for the Agreement is currently considering the progress reported on the implementation of Action Plans under Croke Park in each sector during the period, April to September 2011. The Body is due to publish a summary of the progress reported to it on its website shortly. Once the Body has completed its consideration, the progress reports for this particular reporting period for individual public service bodies, including each state agency, will be published on their organisation’s websites.

Tax Collection 111. Deputy Michael Creed asked the Minister for Finance if a person (details supplied) in County Cork is entitled to a further refund of VAT on foot of receipts submitted; and if he will make a statement on the matter. [34174/11]

Minister for Finance (Deputy Michael Noonan): I am informed by the Revenue Commis- sioners that they are not in a position to provide a detailed reply on this matter within the timeframe for answering Parliamentary Questions. Accordingly, the Deputy will be contacted directly on this issue at an early date.

560 Questions— 15 November 2011. Written Answers

112. Deputy Bernard J. Durkan asked the Minister for Finance the correct level of tax deductible in respect of a pension settlement in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [34186/11]

Minister for Finance (Deputy Michael Noonan): I am informed by the Revenue Commis- sioners that they are not in a position to provide a detailed reply on this matter at this time. The Deputy will be contacted directly with a reply on the issue before the end of the week.

Tax Code 113. Deputy Michael Healy-Rae asked the Minister for Finance further to reports that the VAT rate will be increased, his views that this measure will put severe pressure on small businesses who are struggling to survive and drive more shoppers north of the Border. [34213/11]

Minister for Finance (Deputy Michael Noonan): The level and timeframe of any increases in the VAT rates will be determined in the context of the upcoming Budget.

Tax Collection 114. Deputy John Deasy asked the Minister for Finance if he will examine the case of a person (details supplied) in County Waterford who has a serious illness and had a lien regis- tered by the Revenue Commissioners against his property in 2008, and this year without any communication to the person they instructed the Department of Agriculture, Food and the Marine to divert all payments to them. [34228/11]

Minister for Finance (Deputy Michael Noonan): This is a matter for the Revenue Commis- sioners. I am advised by Revenue that the person in question has a significant tax debt with Revenue over a long period, including monies collected in a fiduciary capacity from employees and from businesses. There was no satisfactory engagement with Revenue in relation to this debt and this led to Revenue securing a judgment in the Courts, which was then registered as a mortgage on the property of the person concerned. Additional to this Revenue placed an Attachment Order on debts owed to the person con- cerned by a third party — the possibility of such action in the event of the debt remaining unpaid was clearly signalled by Revenue in its communication with the person concerned. This attachment was subsequently revoked by Revenue on 8 November 2011. I am advised by Revenue that it is reviewing the overall position on the debt owed by the person concerned having regard, inter alia, to his health position. Revenue will be in contact with the person concerned very shortly when that review is concluded.

Bank Guarantee Scheme 115. Deputy Peter Mathews asked the Minister for Finance the increase in the eurozone money supply as a result of the emergency liquidity assistance provided by the Central Bank of Ireland to Irish banks; the consequences to the Central Bank, the Irish taxpayer and the eurozone money supply if the money is not repaid; and if he will make a statement on the matter. [34247/11]

Minister for Finance (Deputy Michael Noonan): All Emergency Liquidity Assistance or ELA operations conducted by the Central Bank of Ireland are fully collateralised and some details relating to collateral policy are outlined on page 104 of the Central Bank’s most recent Annual Report which can be found on its website. Appropriate haircuts/discounts are applied with a

561 Questions— 15 November 2011. Written Answers

[Deputy Michael Noonan.] view to ensuring that the Bank would not suffer any loss in the event of default on the loan assistance. The Bank has received formal comfort from the Minister for Finance such that any shortfall on the liquidation of the collateral is made good. As regards the second part of the Deputy’s question, the evolution of euro area money supply is determined by the confluence of a large variety of factors; the volume of ELA is not a significant influence.

116. Deputy Peter Mathews asked the Minister for Finance if he will provide details on any limits the Central Bank of Ireland faces regarding increasing the eurozone money supply by providing emergency liquidity assistance to Irish banks; and if he will make a statement on the matter. [34248/11]

Minister for Finance (Deputy Michael Noonan): The provision of Emergency Liquidity Assistance (ELA) is solely a matter for the Central Bank in consultation with the ECB. As detailed in the Central Bank’s Annual Report for 2010 (p.22), the Central Bank, on behalf of the Eurosystem, continued to provide substantial liquidity support to the Irish banking system throughout the course of 2010. The Bank also provided ELA. This is one of the ways that the Bank has responded to the financial crisis. This is distinct and separate from regular funding operations carried out for monetary policy implementation purposes through the ECB. A loan provided to a credit institution under ELA is granted against suitable collateral, where suitability is in line with criteria defined by the Bank. As with procedures for ECB eligible collateral, appropriate haircuts/discounts are applied with a view to ensuring that the Bank would not suffer any loss in the event of default on the loan assistance. The Bank has received formal comfort from the Minister for Finance such that any shortfall on the liquidation of the collateral is made good. At end of December 2010 the Bank had extended ELA of approximately €49.5 billion. The Deputy may wish to note that ELA lending is captured under Other Assets in Table A.2 of the Central Bank’s Annual Report.

117. Deputy Peter Mathews asked the Minister for Finance if it is possible to make an arrangement whereby the Irish banks pay back the emergency liquidity assistance owed to the Central Bank of Ireland very slowly over a very long timeframe; and if he will make a statement on the matter. [34249/11]

Minister for Finance (Deputy Michael Noonan): The provision of Emergency Liquidity Assistance or ELA, is subject to the approval of the ECB and as this type of funding is designed to remedy temporary disturbances in funding availability, this approval must be resought on a periodic basis. As the Deputy will be aware, the bank with by far the largest reliance on ELA is IBRC (Anglo and INBS). This ELA facility is funding the majority of IBRC’s balance sheet including the promissory notes. The total amount of the promissory notes issued to IBRC amounted to €30.6 billion at the end of 2010 and a repayment of capital and interest took place of €3.06 billion earlier this year. In recent weeks I have indicated our intention to explore options around reengineering these promissory notes with the aim of improving the position of the Irish State through a lower interest rate and/or lengthening the maturity of the instru- ments. Such a solution, if agreed, could have the effect of lengthening the repayment profile of the supporting funding which is what the Deputy has inquired about.

Ministerial Appointments 118. Deputy Martin Ferris asked the Minister for Finance if he will confirm the professional

562 Questions— 15 November 2011. Written Answers qualifications held by the Secretary General of his Department; his views on his suitability for the EU Court of Auditors; and if he will make a statement on the matter. [34254/11]

Minister for Finance (Deputy Michael Noonan): Mr Cardiff has been awarded the following qualifications: Degree in History and Psychology, University of Washington, Seattle, USA, 1983; Masters in Business Studies, University College, Dublin, 1991; and Diploma in Applied Finance Law, Law Society Ireland, 2003. Mr Cardiff has been nominated by the Government to the Court of Auditors. He must now go through the relevant Committee of the European Parliament and of course it will be up to the European Parliament, in their independence, to recommend him or not. Mr. Cardiff retains the Government’s full support as Ireland’s nomination to the European Court of Auditors. Mr. Cardiff carries with him a long career of distinguished public service here and the credentials to do a first class job in respect of the European Court of Auditors.

Financial Services Regulation 119. Deputy Terence Flanagan asked the Minister for Finance if he will respond to corre- spondence (details supplied) regarding a sovereign trust; and if he will make a statement on the matter. [34262/11]

Minister for Finance (Deputy Michael Noonan): The correspondence to which the Deputy refers relates to very complex financial instruments. I will have the matter reviewed by my Department, in consultation with the National Treasury Management Agency and the Central Bank and revert to him.

Tax Code 120. Deputy Michael McGrath asked the Minister for Finance if his attention has been drawn to a tax avoidance scheme (details supplied); and if he will make a statement on the matter. [34266/11]

Minister for Finance (Deputy Michael Noonan): The Deputy is referring to the use of the tax relief for patent royalties by a particular company. The relief, which was abolished in Finance Act 2011, provided a tax exemption for income received by an individual or company from a qualifying patent, subject to an annual limit of €5 million, and a tax exemption for distributions paid by a company from tax-exempt patent income, subject to certain terms and conditions. I am not in a position to comment on the issue of possible tax avoidance in relation to a specific case or on the tax affairs of a particular company as the Revenue Commissioners are obliged to observe strict confidentiality in this regard. However, I have forwarded the Deputy’s question for the attention of the Revenue Commissioners and for any action they consider appropriate.

Customs and Excise Operations 121. Deputy Aengus Ó Snodaigh asked the Minister for Finance if he has been informed by customs and excise authorities as to the number of raids by their officers on properties sus- pected of being involved in the sale and supply of substances covered under the Criminal Justice (Psychoactive Substances) Act 2010; the amount and type of substances confiscated in those raids; and the number of seizures in ports and airports, or on persons arriving here. [34286/11]

563 Questions— 15 November 2011. Written Answers

Minister for Finance (Deputy Michael Noonan): I am advised by the Revenue Commissioners that no searches of premises under search warrant have been carried out by Revenue’s Customs service under the Criminal Justice (Psychoactive Substances) Act 2010. The enforcement of controls in respect of products being sold at retail level, including by so-called “Head Shops” is carried out by An Garda Síochána. I am also advised that since the introduction of the Act, forty-four seizures of psychoactive substances, amounting to a total of 31.139 kilos, were made by Revenue’s Customs service at ports, airports, postal depots or on persons arriving into the state. These consisted mainly of smoking (spice) mixtures and cocaine- or ecstasy-type substi- tutes. A further forty-six detentions of suspected psychoactive substances have been made, amounting to 4.76 kilos and these are currently being analysed. The Customs service operates predominantly at points of import and export and staff are most likely to encounter psychoac- tive substances in the course of their controls in these operational areas, where the use of a search warrant is not required.

Budget Submissions 122. Deputy Michael Healy-Rae asked the Minister for Finance if he will review a matter (details supplied) regarding a pre-budget submission; and if he will make a statement on the matter. [34298/11]

Minister for Finance (Deputy Michael Noonan): I have received a pre-Budget submission from the organisation concerned. Its contents will be considered in the context of the forth- coming Budget and Finance Bill. As Deputies are aware it would not be appropriate for me to comment in advance of the Budget on possible Budget decisions.

Pension Provisions 123. Deputy Michael McGrath asked the Minister for Finance if he will respond to correspon- dence (details supplied) regarding the pension levy. [34365/11]

Minister for Finance (Deputy Michael Noonan): In the matter of statements being made to the effect that the pension fund levy could lead to a reduction of 10% in the pensions paid from schemes to the retired members of such schemes, I received copies of correspondence issued by the trustees of a certain scheme during the summer indicating that potential reductions of this scale and of a lesser scale were under consideration. I have recently received a copy of further correspondence issued on behalf of the trustees of that scheme stating that pension payments will, in fact, be reduced by 0.6% from 2012 and by the same percentage each year until 2015. As regards the impact of the levy on the individual outlined in the details supplied with the Deputy’s question, I am not in a position to comment although it would appear from the details that the individual is not yet retired. Where the accrued benefits under a defined benefit pension scheme have been reduced as a result of the levy (or for any other reason), my understanding is that the annual benefit state- ment should show the effect on pension accrued to date. Of course, if the trustees of the scheme have not yet decided whether to reduce benefits, no change would be shown. I further understand that there is no obligation on PRSA providers or on defined contri- bution scheme trustees to inform contributors specifically of the effect of any reduction in pension fund values on foot of the pension fund levy but that the annual benefit statement would show the fund value after the effect of the levy in such cases. There may be a case that the Statements of Reasonable Projection (SRP) for PRSAs should be adjusted to reflect the effect of the levy. This is a matter for the Pensions Board who, I

564 Questions— 15 November 2011. Written Answers understand, are aware of the issue. However, it should be recognised that the SRP is an esti- mate only, and in any event, the final fund value will be different from the projection.

National Pensions Reserve Fund 124. Deputy Michael McGrath asked the Minister for Finance the value and breakdown by asset class, including cash, of the discretionary portfolio held within the National Pensions Reserve Fund as at 30 September 2011. [34373/11]

Minister for Finance (Deputy Michael Noonan): The National Pensions Reserve Fund (NPRF) Commission publishes a performance and portfolio update quarterly on the NPRF website www.nprf.ie. For the Deputy’s information, the Commission valued the NPRF at €14.9 billion at 30 September 2011. The Directed Portfolio (the part of the Fund which is managed by the Commission on foot of directions from the Minister for Finance) was valued at €9.6 billion, while the Discretionary Portfolio, the investment of which remains the Commission’s responsibility, was valued at €5.3 billion at that date. The value and asset allocation of the discretionary portfolio as at 30 September 2011 is set out in the following table:

Asset Class €m % of Discretionary Portfolio

Large Cap Equity 1,047 19.8% Small Cap Equity 114 2.2% Emerging Markets Equity 334 6.3% Quoted Equity 1,495 28.3% Eurozone Government Bonds 0 0.0% Eurozone Inflation Linked Bonds 63 1.2% Eurozone Corporate Bonds 275 5.2% Cash 1,018 19.3% Financial Assets 1,356 25.7% Private Equity 888 16.8% Property 510 9.7% Commodities 213 4.0% Forestry 30 0.6% Infrastructure 275 5.2% Absolute Return Funds 188 3.6% Alternative Assets 2,104 39.8% Value of equity market protection (put options) 328 6.2%

Total Discretionary Portfolio 5,283 100%

Question No. 125 answered with Question No. 50.

Tax Code 126. Deputy Aodhán Ó Ríordáin asked the Minister for Finance if he will provide details of the various property development tax breaks and incentives available here from 1997-2011; the property breaks and incentives still in existence; the breaks that have been discontinued; the cost to the Exchequer of these property breaks and incentives; and if he will make a statement on the matter. [34456/11] 565 Questions— 15 November 2011. Written Answers

Minister for Finance (Deputy Michael Noonan): I am informed by the Revenue Commis- sioners that due to the large volume of information requested by the Deputy they are not in a position to provide a detailed reply on this matter within the timeframe for answering Parliamentary Questions. Accordingly, the Deputy will be contacted directly on this issue at an early date.

EU-IMF Programme 127. Deputy Richard Boyd Barrett asked the Minister for Finance if, in the aftermath of the Greek Government’s announcement that it will hold a referendum on the EU-IMF programme agreed at the recent European Council meeting, if he will also now consider holding a refer- endum on the EU-IMF deal; and if he will make a statement on the matter. [33037/11]

Minister for Finance (Deputy Michael Noonan): As the Deputy will be aware, Greece did not proceed with the proposal to hold a referendum on its EU-IMF programme. Ireland’s EU- IMF Programme was approved by the Dáil on 15 December 2011. The individual measures within it are subject to Government or Oireachtas approval as appropriate. Ireland’s prog- ramme is working and this is being increasingly recognised both here and internationally, including by the financial markets. The Government has no plans to hold a referendum on Ireland’s EU-IMF Programme.

Question No. 128 answered with Question No. 98.

Financial Services Regulation 129. Deputy Micheál Martin asked the Minister for Finance if he has discussed the issue of financial regulation with other Heads of State or Government. [28451/11]

Minister for Finance (Deputy Michael Noonan): The Deputy will be aware that the topic of financial regulation is a regular feature on the agendas for both ECOFIN Council and meetings of Heads of State and Government. Financial regulation issues have, as the EU has worked to address the financial crisis in recent times, featured even more prominently in our discussions. As the Deputy will also be aware, a comprehensive programme of regulatory reform in the financial sector is already underway at domestic, international and EU levels. For its part, the European Commission has proposed a wide range of regulatory reforms to the financial sector and one of key roles of the ECOFIN Council is to adopt such proposals in co-decision with the European Parliament. In addition to discussions that I have with my colleagues in ECOFIN and discussions that the Taoiseach has at meetings of the European Council, my Department is engaged actively in this regulatory reform agenda in relevant international fora. It is a key objective of my Depart- ment to transpose all EU legislation in good time to ensure that both the Central Bank and industry are well placed to implement new regulatory requirements.

Job Creation 130. Deputy Willie O’Dea asked the Minister for Finance the proportion of the revenue raised via the pension levy that was used for job creation as promised in the jobs initiative; and if he will make a statement on the matter. [28851/11]

Minister for Finance (Deputy Michael Noonan): The Jobs Initiative is about focusing our now more limited resources on measures that offer the greatest potential for expansion and employment creation in the domestic economy. The aim is to target key sectors of the economy that can assist in getting people back to work, providing opportunities for those who have lost

566 Questions— 15 November 2011. Written Answers their jobs to re-skill and building confidence in order to encourage consumer activity. A range of measures were introduced under the Jobs Initiative. These include the new temporary second reduced rate of VAT of 9%, aimed primarily at the tourism sector, the halving of the lower rate of employers PRSI and the small additional amounts of current and capital expenditure. Given our commitments under the EU/IMF Programme of Financial Support, and our cur- rent public finance difficulties, the Jobs Initiative is budgetary neutral over the period to 2014 and is being funded through the introduction of a temporary levy on pension funds. The measures introduced as part of the Jobs Initiative are expected to result in a net gain for the Exchequer in 2011. This is because the yield from the temporary levy on pension funds is expected to more than offset the estimated cost of the other measures introduced. These included the new temporary second reduced rate of VAT of 9%, aimed primarily at the tourism sector, the halving of the lower rate of employers PRSI and the small additional amounts of current and capital expenditure. In 2012, a net loss to the Exchequer is expected as the full year cost of the measures intro- duced is estimated to be greater than the forecast yield from the temporary levy on pension funds.

Financial Services Regulation 131. Deputy Micheál Martin asked the Minister for Finance if he has held consultations concerning the implications for the Irish Financial Services Centre of potential EU proposals concerning financial regulation. [28450/11]

Minister for Finance (Deputy Michael Noonan): I would like to advise the Deputy that a comprehensive programme of regulatory reform in the financial sector is already underway at international and EU levels which will have significant implications for the regulation of the different IFSC sectors. My Department is engaging actively in this regulatory reform agenda in relevant international fora, especially at EU level. It is a key objective of my Department to engage constructively during EU negotiations and to transpose all EU legislation in good time to ensure that both the Central Bank and industry are well placed to implement new regulatory requirements. My Department’s active engagement with the IFSC is aimed at ensuring that potential implications for IFSC companies are identified well in advance to provide sufficient time for consideration. The Deputy will be aware that the topic of financial regulation is a regular feature on the agendas of both the ECOFIN Council and meetings of Heads of State and Government. The Programme for Government states that the Government supports the future develop- ment of the IFSC as a source of future employment growth, subject to appropriate regulation and commits to the development of the financial services sector to maximise employment opportunities, not least for staff leaving employment as a result of downsizing in the domestic banking sector. More than 32,000 people are directly employed in international financial services, in over 500 firms. Substantial indirect employment is also generated, and the sector contributes 2.1 billion euro in corporate and payroll taxes to the Exchequer. Accounting for 10% of multi- national employment, international financial services represents an estimated 7.4% of GDP, and 5% of EU international financial services activity is carried out from Ireland. The fundamental goal of public policy in relation to the IFSC is to develop the international financial services industry in Ireland, built upon sustainable, responsible and internationally respected foundations, to maximise not only the number of jobs, but also the quality of employ- ment and the future sustainability and growth prospects of the industry. The Government

567 Questions— 15 November 2011. Written Answers

[Deputy Michael Noonan.] believes that it is necessary to continue to adopt, articulate and implement a clear vision for the development of the IFSC to demonstrate Ireland’s commitment to the promotion and growth of its international financial services industry. Last July, An Taoiseach, Enda Kenny T.D., announced a new IFSC Strategy for the future of the international financial services industry in Ireland over the next 5 years. The Strategy, which will be implemented by the Clearing House Group of the Department of the Taoiseach, sets out the key drivers to support the achievement of the overall objective of 10,000 net new jobs. The foundations are a tax framework which is competitive and internationally respected and a regulatory regime which supports responsible business operations and ensures effective oversight and control. The Strategy recognises and fully supports the critical importance of a credible, responsible and proportionate regulatory system whose own capacity and reputation provides, in itself, a source of competitive advantage for this jurisdiction, attracting reputable, responsible and sustainable financial services activity.

Questions Nos. 132 and 133 answered with Question No. 98.

International Agreements 134. Deputy Pádraig Mac Lochlainn asked the Minister for Finance the amount of Ireland’s financial contribution to the World Bank’s International Financial Corporation; and the basis on which the contribution is based. [33716/11]

Minister for Finance (Deputy Michael Noonan): The International Financial Corporation (IFC), which is part of the World Bank Group, was established in 1956 to encourage the development of the private sector in developing countries. The IFC’s objective is to foster sustainable economic development in developing countries by financing private sector invest- ment, mobilising private capital in local and international financial markets and providing advis- ory and risk mitigation services to business and governments. It is the largest multilateral financial institution investing in private enterprises in emerging markets, with activities in 103 countries. In 2010, IFC commitments amounted to $18 billion which was invested in 526 pro- jects. Ireland joined the IFC in 1958. Commensurate with our shareholding of 0.05%, Ireland’s subscription to the IFC’s capital is some $1.29 million, all of which is paid-in. As indicated in Statement 1.8(B) of the Finance Accounts 2010, this shareholding was estimated at €965,000 at the exchange rates prevailing at 31 December 2010. I understand from my colleague, the Tánaiste and Minister for Foreign Affairs and Trade, that Ireland, through Irish Aid, has also periodically contributed to various IFC World Bank Group Trust Funds. In this regard, Ireland is currently providing funding to the Conflict- Affected States in Africa (CASA) Initiative and the Foreign Investment Advisory Service (FIAS) as follows:

— €300,000 was allocated to the CASA Initiative in 2011 for its work in encouraging the development of private enterprise in fragile and post-conflict countries in Sub Saharan Africa through interventions focused on improving the business environment through regulatory reform, rebuilding financial markets and institutions and strength- ening the competitiveness of small and medium enterprises.

— €600,000 was allocated to FIAS in 2011. FIAS is a joint facility of the IFC, the Multi- lateral Investment Guarantee Agency (MIGA), and the World Bank (IBRD) which advises developing countries on how to improve their business environments to increase private sector activity and encourage inward and domestic investment.

568 Questions— 15 November 2011. Written Answers

Further information and details of Ireland’s financial participation and shareholding in the component organisations of the World Bank are contained in the 2010 Annual Report “Irel- and’s Participation in the International Monetary Fund and the World Bank” which is pub- lished by my Department and is available on www.finance.gov.ie. Extensive information on the IFC is also published by the World Bank on www.ifc.org

Tax Collection 135. Deputy asked the Minister for Finance when an outstanding VAT refund payment will be issued to a person (details supplied) in County Tipperary; the reason for delay in payment which is ongoing since 2008 in view of the fact all necessary documentation has been provided; and if he will make a statement on the matter. [34466/11]

Minister for Finance (Deputy Michael Noonan): This is a matter for the Revenue Commis- sioners. I am informed by Revenue that the VAT claims for 2008 were only submitted on 18 May 2010 and that since then correspondence and meetings have been ongoing with the tax- payer and his agent with a view to agreeing the VAT position for 2008. The last submission received from the agent on 8 November 2011 contained new material and a reply issued on 10 November 2011 requesting supporting documentation. It is hoped that the claims for 2008 can be finalised on receipt of the documentation requested.

136. Deputy Catherine Murphy asked the Minister for Finance if he will provide up to date information on the number of high-income Irish tax exiles, that is, Irish citizens with an annual income greater than €1 million arising mostly from Irish business operations who were domi- ciled abroad in the most recent full tax year; and if he will make a statement on the matter. [34488/11]

Minister for Finance (Deputy Michael Noonan): I am advised by the Revenue Commissioners that the only data available in relation to the taxable income of non-residents comes from income tax returns filed in Ireland by those non-resident individuals who have Irish-source income or income derived from working in Ireland. The available data does not distinguish between citizens and non-citizens. The most recent tax year for which figures are available is 2009. There were six non-resident individuals who had taxable income of greater than €1million in their Irish income tax returns for 2009. Data is not available for 2010 as the final filing date for submission of the 2010 income tax returns is 16 November 2011 where an individual elects to file and pay using Revenue’s On-line Service. The 2011 tax returns are not due to be filed until the fourth quarter of 2012.

137. Deputy Catherine Murphy asked the Minister for Finance if he will provide the most recent information available to him from the Revenue Commissioners on the number of Irish citizens whose annual income exceeds €1 million; if he will give further details of the most recent information on the number of Irish citizens whose combined assets exceed €5 million in net worth; the total amount of income tax paid by these groups in 2008, 2009, 2010 and to date in 2011; and if he will make a statement on the matter. [34489/11]

Minister for Finance (Deputy Michael Noonan): I am informed by the Revenue Commis- sioners that they do not maintain data in relation to the wealth of Irish citizens. However, for the tax year 2008, the number of income earners whose annual gross income exceeded €1 million was 1,040 and the total amount of income tax paid by them was €603 million. For the tax year 2009, the latest year for which the necessary detailed data is available, the number of income earners whose annual gross income exceeded €1 million was 620 and the total amount

569 Questions— 15 November 2011. Written Answers

[Deputy Michael Noonan.] of income tax paid by them was €533 million. Income data is not yet available for 2010 as the final filing date for submission of the 2010 Income Tax return is 16 November 2011 where an individual elects to file and pay using Revenue’s On-line Service. The 2011 Income Tax returns are not due to be filed until the fourth quarter of 2012. It should be noted that a married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

Appointments to State Boards 138. Deputy Liam Twomey asked the Minister for Finance the number of positions on State boards and agencies under his aegis which he has advertised in the past seven months; the number of applications received; the number of applicants subsequently appointed; and if he will make a statement on the matter. [34505/11]

Minister for Finance (Deputy Michael Noonan): In response to the Deputy’s question the State Claims Agency Policy Committee currently has two vacancies. These positions have not been advertised to-date and the appointments have not been made. While not directly covered by the Deputy’s question, I would draw to his attention the fact that I conducted an expression of interest process (following a public advertisement in April 2011) for people seeking to be appointed or nominated to the boards of certain banks. Some 480 applications were received and I now have available to me, following the assessment and evaluation of the expressions of interest, a panel of 30 names of suitably qualified individuals from which to make possible appointments or nominations to the boards of certain banks as appropriate.

Banking Sector Remuneration 139. Deputy Gerry Adams asked the Minister for Finance the salary being paid to Mr. Dick Spring and Mr. Declan Collier in their positions as public interest directors in Allied Irish Banks; and if he will make a statement on the matter. [34520/11]

Minister for Finance (Deputy Michael Noonan): The Deputy will be aware that directors at the covered institutions, including public interest directors who were nominated by my prede- cessor, are appointed and remunerated by the respective boards. Accordingly, disclosure of details of their remuneration is covered by various rules and procedures. The two individuals referred to by the Deputy are paid non-pensionable fees, not salary. The information sought by the Deputy, to the extent that it has been released publicly by the respective covered insti- tution, is available in its 2010 Annual Report (from pages 299 to 304 inclusive) which indicates that fees of €47,000 and €40,000 were paid in 2010 to the respective named individuals.

Tax Code 140. Deputy Dara Murphy asked the Minister for Finance if he is considering introducing a scheme to give standard tax relief for a list of approved works for home insulation (details supplied); and if he will make a statement on the matter. [34521/11]

Minister for Finance (Deputy Michael Noonan): Section 13 of Finance Act 2011 provided for income tax relief at the standard rate for expenditure incurred by individuals on a range of works carried out to improve the energy efficiency of residential premises situated in the State. The underpinning legislation for the scheme was subject to Commencement Order. However, that legislation, on review, was found to have flaws and would have required amendment before it could be implemented.

570 Questions— 15 November 2011. Written Answers

As part of the announcement in the recent Jobs Initiative, the Government undertook to provide further funding for the grants available under the Better Energy Homes scheme operated by the Sustainable Energy Authority of Ireland (SEAI). Because of these circum- stances, I decided to review the requirement for a co-existing tax incentive for similar works and, following this review, I have decided not to proceed with the introduction of the tax relief scheme.

Banking Sector Regulation 141. Deputy Eric Byrne asked the Minister for Finance the action he will take against banks who do not pass on ECB interest rate cuts; and if he will make a statement on the matter. [34527/11]

Minister for Finance (Deputy Michael Noonan): Neither the Central Bank nor I, as Minister for Finance, have a statutory role in the setting of interest rates charged or paid by financial institutions regulated by the Central Bank. While I want to welcome the decision by the majority of lenders to reduce their standard variable rates following the recent announcement by the ECB, I would encourage all lenders to follow suit. Such a reduction will be of benefit to homeowners struggling with mortgage payments. The Government wants the lending institutions to pass on the interest rate cut for a number of reasons. In particular, the interest rate cut will be of assistance to those mortgage holders who are struggling to pay their mortgages. Following a request from the Taoiseach, Mr Elder- field, the Deputy Governor of the Central Bank, forwarded a report regarding mortgage interest rates on 11 November 2011. The Deputy Governor acknowledges that the Government is not unjustified to have concerns for some particular banks regarding the widening of the spreads by which their standard variable rate (SVR) exceed their cost of funds and how they are still so far above the prevailing rates of their industry peers. However, the Deputy Governor states that the power to exercise close regulatory control over retail interest rates is not sought by the Central Bank at this time. He has indicated that the Central Bank will, within its existing powers and through suasion use existing processes to engage with specific lenders which appear to have standard variable rates set disproportionate to their cost of funds. The Deputy Governor has indicated that experience of interest rate controls in the past and in other countries does not encourage the Central Bank to believe that such a regime would be advantageous in net terms as the banking system recovers its normal functioning. Binding controls tend to reduce availability of credit and channel it to the most creditworthy customers, starving smaller and less secure customers from credit. The Deputy Governor indicates that this could have a chilling effect on the entry of sound competitors into the market. By absolving banks from their responsibility to price risk accurately, binding interest rate controls would, especially during this recovery phase, impede progress towards the re-establishment of bank management practices that can ensure a healthy and free-standing banking system no longer dependent on the Government for bail-outs. I welcome the report from Mr Elderfield which will be examined to see what further action, if any, is required. My initial reading of his report is that the Deputy Governor is not seeking emergency legislation. Taking into account the advice of the Central Bank, I do not intend to recommend to Government to introduce emergency legislation.

142. Deputy Pat Deering asked the Minister for Finance the way Irish persons who have emigrated can arrange to open a bank account in view the fact that the main requirement is the provision of a utility bill and many persons stay in accommodation that does not require them to have such a document; if he will seek to have same addressed. [34531/11]

571 Questions— 15 November 2011. Written Answers

Minister for Finance (Deputy Michael Noonan): I set out below the rules applying to the opening of a bank account with an Irish bank under Irish anti money laundering legislation. Insofar as the Deputy’s question relates to difficulties experienced by emigrants in opening a bank account in other jurisdictions, the applicable rules would depend on the legislation of that jurisdiction. However, Member States of the European Union apply broadly similar anti money laundering rules under the 3rd Money Laundering Directive. The 3rd Money Laundering Directive, in turn, reflects the recommendations of the Financial Action Task Force on money laundering (FATF), the main international anti money laundering organisation. Those recom- mendations should be reflected in the anti money laundering rules applicable to opening a bank account in the member countries of the FATF which include countries such as the United States, Canada and Australia. Section 33 of the Criminal Justice (Money Laundering and Ter- rorist Financing) Act 2010 (“the CJA 2010”) requires designated persons (such as banks) to apply customer due diligence measures prior to establishing a business relationship with a customer e.g. open a bank account for a customer. The customer due diligence measures require that the designated person must identify and verify the customer’s identity on the basis of documents or information that the designated person has reasonable grounds to believe can be relied upon to confirm the identity of the customer. Where a person has emigrated and does not present in person to the bank for verification of identity, additional customer due diligence measures must be applied. A number of such additional measures are set out in section 33(4) including verification of identity on the basis of obtaining additional documents or information. The CJA 2010 does not limit the kinds of documents or information that a designated person may have reasonable grounds to believe can be relied upon to confirm the identity of the customer. Draft guidelines which have been prepared by various sectors of the financial services industry in consultation with the Central Bank of Ireland provide guidance on the identification and verification procedures. These guidelines specify a non-exhaustive range of documentation which the bank may choose to accept for the purposes of verifying identity. The range of documentation includes utility bills but also many other types of documentation issued by Government Departments, state agencies and financial institutions. In the event that an individ- ual provides a plausible explanation as to why the suggested documentation cannot be pro- vided, the bank may choose from an additional specified list of methods to assist in confirming the identity of the customer. Ultimately, it is up to each bank to decide on a risk based approach whether they will accept other forms of customer ID. However, where it is not feasible to expect the customer to meet the documentation standards as set out in the guidelines, the bank is encouraged to consider whether it is appropriate to adopt an alternative approach to facilitate financial inclusion which is set out in an appendix to the guidelines. There is a very clear statement in the guidelines that “where an individual is genuinely not in a position to provide standard evidence of identity it is important that he/she is not prevented gaining access to the financial system solely due to not being able to produce particular documentation.”

Ministerial Staff 143. Deputy Mary Lou McDonald asked the Minister for Finance the number of his constitu- ency and parliamentary staff, appointed, following the February 2011 elections, on salaries that exceed their applicable pay scale grade; the number of his existing and parliamentary staff employed prior to the February 2011elections but awarded salary increases following the elec- tion that exceed their applicable pay scale grade; and if he will provide their annual salary details in a tabular format. [34570/11]

572 Questions— 15 November 2011. Written Answers

Minister for Finance (Deputy Michael Noonan): Since my appointment as Minister for Fin- ance on 9 March 2011, the following staff have been appointed to my constituency office:

Grade Salary Scale (per annum) Wholetime Equivalent

Personal Assistant €43,715 — €56,060 1.00 Executive Officer (EO) €30,516 — €47,975 1.00 Clerical Officer (CO) €23,177 — €37,341 1.00 Clerical Officer (CO) €23,042 — €36,267 0.40

Since my appointment as Minister for Finance on 9 March 2011 the following staff member has been appointed as Special Adviser:

Name Title Salary (per Duties annum)

Mary Kenny Special Adviser €83,337 Any duties which may be assigned to her from time to time as appropriate to the position of Special Adviser as set out in Section 11 of the Public Service Management Act 1997.

The Government has approved the appointment of a second Special Adviser, Mr Eoin Dorgan. Terms and conditions for this appointment are being finalised at present. No staff member has been awarded any salary increase that exceeds their applicable pay scale grade since my appointment.

Tax Collection 144. Deputy Gerry Adams asked the Minister for Finance the number of companies believed to be members of groups here which actively avail of group relief. [34582/11]

Minister for Finance (Deputy Michael Noonan): I am informed by the Revenue Commis- sioners that, based on information derived from corporation tax returns filed for accounting periods ending in the year 2009, the latest year for which the most complete information is available, group relief was claimed by some 2,507 companies.

Question No. 145 answered with Question No. 54.

Question No. 146 answered with Question No. 106.

Fuel Laundering 147. Deputy Joe O’Reilly asked the Minister for Finance the number of detections of fuel laundering in 2011; the number of laundering factories that have been prosecuted and closed; the number of retail outlets that have been prosecuted for using laundered or washed diesel; the staffing levels that exist in the agencies charged with dealing with diesel laundering; and if he will make a statement on the matter. [34621/11]

153. Deputy Michael Creed asked the Minister for Finance the estimated cost to the Exchequer of fuel laundering; in view of its prevalence and the failure of the State to effectively combat this activity, the consideration being given to alternative policy approaches on this issue; and if he will make a statement on the matter. [34705/11] 573 Questions— 15 November 2011. Written Answers

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 147 and 153 together. I am informed by the Revenue Commissioners, who are responsible for the collection of mineral oil tax and for tackling the illicit trade in fuel products, that they are aware of the threat to the Exchequer posed by laundered fuel. The predominant illicit activity in the mineral oil area in both Northern Ireland and the Republic is the laundering of marked diesel and its sale through illegal outlets. In both jurisdictions the respective difference in excise rates between marked (rebated) and normal diesel offers a considerable incentive for oil laundering and this illicit activity poses a serious threat to the Exchequer and the economy on both sides of the border. The Deputies will appreciate that it is not possible to accurately estimate the loss to the national exchequer from individual activities within the shadow economy such as fuel laundering. Revenue employs a broad range of compliance and enforcement strategies to detect and counteract illegal practices involving mineral oils. These include ongoing analysis of the nature and extent of the problem; development and sharing of intelligence with agencies on both sides of the border; the conduct of intelligence driven operations using covert surveillance to identify oil laundry locations; seizure of illicit product, laundering equipment and vehicles; physical sampling at road checkpoints; closure of unlicensed or improperly licensed outlets and seizure of stock and prosecution of those involved in illegal activities in relation to mineral oils. So far this year, nine oil laundries have been detected, together with 327,000 litres of laun- dered fuel, and nine oil tankers and twenty-nine other vehicles have been seized. Sixteen per- sons were arrested in the course of these operations and files have been sent to the Director of Public Prosecutions, who has to date issued directions to prosecute on indictment in respect of two of these cases. The Deputies will appreciate that there is some time-span between the detection of an offence and the appearance of a defendant before the courts. So far in 2011, in addition to the 327,000 litres of fuel seized in the course of raids on oil laundries, a further 516,270 litres of illicit mineral oil has been seized, the large majority from retail outlets or in the course of delivery to such outlets. Revenue has obtained two convictions in the courts this year against the proprietors of filling stations that were found to be selling laundered mineral oil as auto diesel. Revenue is currently engaged in a vigorous campaign targeting specific locations nationwide, with the intention of immediate closure of unlicensed outlets and the challenging of other instances of non-compliance. As part of this drive, warning letters have been issued to unlicensed retail outlets and a number of these have been effectively closed down by the actions of Revenue enforcement teams. This campaign is ongoing and Revenue is in the process of seizing illicit product and closing down a further number of unlicensed or otherwise illegal retail outlets. This month alone, in a recent targeted enforcement operation by Revenue officers, ten filling stations, one fuel depot and two private dwellings in counties Dublin, Galway and Louth were raided. A total of 158,000 litres of fuel were seized from three of these premises, including two tankers of fuel, and approximately €39,000 was detained under the Proceeds of Crime legislation. Revenue continuously keeps under review the effectiveness of legislation and regulations in relation to combating the illicit trade in mineral oil. This includes reviewing powers, penalties, etc, and making recommendations to my Department where legislative amendments are required. The ongoing review of effectiveness includes consideration of alternative approaches, as referred to by the Deputy, to tackling the illicit removal of fuel marker. General consider- ation has been given, in this context, to a rebate system. However, Revenue advises me that such a system would pose different problems. It would involve the establishment of a very extensive repayment system, giving rise to a very significant administrative burden for oil trad-

574 Questions— 15 November 2011. Written Answers ers, consumers and for Revenue and would pose significant cash-flow difficulties for those who currently use marked gas oil. Repayment regimes are vulnerable to abuse and liable to be exploited by criminal elements, such as those currently involved in fuel laundering. Revenue is currently reviewing its enforcement options in the context of reductions in the sulphur content of some fuels that have been introduced under recent EU environment legis- lation. The matters being addressed include the potential development of an enhanced fuel marker. In this regard, close liaison has been established with HM Revenue & Customs. Revenue is also considering strengthening the Regulations governing the keeping for sale of fuel products and a renewed focus on links in the laundered fuel supply chain. The Irish Petrol Retailers Association, which represents the majority of legitimate retail outlets in the State, is working closely with the Revenue Commissioners to counteract the threat posed by the sale and distribution of illicit mineral oil. Revenue is an integrated tax and customs administration and staff are not allocated by func- tion. The Deputies will be aware that Revenue’s overall staff numbers have been reduced over the past two years in the context of Government policy on civil service numbers and now stand at approximately 5,940. However, the Revenue Commissioners assure me that their staff resources deployed in anti-evasion enforcement have been maintained and are indeed aug- mented when specific operations are organised.

Tax Code 148. Deputy Aengus Ó Snodaigh asked the Minister for Finance if a disability extension on a home qualifies for a VAT refund under the tax return regulations or has their been a change in the criteria in recent years. [34634/11]

Minister for Finance (Deputy Michael Noonan): I am advised by the Revenue Commissioners that there is provision for the refund of VAT incurred on qualifying goods for the exclusive use of disabled persons. The provision is contained in the Value Added Tax (Refund of Tax) (No 15) Order 1981. The order specifies the degree of disability and defines the qualifying goods as goods which are aids or appliances, including parts and accessories, specially con- structed or adapted for use by a disabled person and includes goods which, although not so specially constructed or adapted, are of such a kind as might reasonably be treated as so constructed or adapted having regard to a particular disablement of that person. The provisions of the Order extend to works carried out on homes to adapt them to make them more access- ible for disabled persons. The provisions do not apply to the actual construction of a home but would apply, for example, to certain alterations or adaptations that would be necessary to meet the particular needs of the disabled person. Without a sufficient level of detail in relation to the composition of the disability extension mentioned by the Deputy it is not possible to say if all or some of the expenditure would qualify for a VAT refund under the Order. The criteria contained in the 1981 Order have not been changed in recent years. Any application under the Refund Order should be made on Form VAT 61A and submitted to the Revenue Commis- sioners’ Central Repayments Office in Monaghan.

Pension Provisions 149. Deputy Pearse Doherty asked the Minister for Finance the value of the pension payment on an annual basis to the highest paid public sector pensioner in each of the public bodies under his remit and all public service pensioners not paid by the Office of the Paymaster General; the number in receipt of this level of pension and the total number in receipt of a

575 Questions— 15 November 2011. Written Answers

[ Deputy Pearse Doherty.] pension in excess of €155,00 and in each bracket below this at intervals of €20,000; and if he will make a statement on the matter. [34663/11]

Minister for Finance (Deputy Michael Noonan): In response to the Deputy’s question, I have outlined below the position in relation to the National Treasury Management Agency (NTMA) regarding former employees in receipt of pensions not paid by the Office of the Paymaster General. The remuneration structure in the NTMA is such that there are no general pay grades and all staff are on individually-negotiated contracts. These contracts are confidential to the individual concerned. Ten former employees are in receipt of pension payments from the NTMA. Given the small number of pensions paid by the NTMA, provision of information in the format requested by the Deputy could lead to data protection and confidentiality issues through the identification of specific individuals. Eight persons are in receipt of pensions of less than €155,000 per annum while two are in receipt of pensions of greater than €155,000 per annum.

Tax Reliefs 150. Deputy Michael Creed asked the Minister for Finance the value of outstanding tax reliefs available under the various tax construction schemes including section 23, student accommodation, hotel accommodation and so on; the amount of this relief drawn down in 2007, 2008, 2009 and 2010; the maximum and minimum relief availed of by individual taxpayers in each of these years under the various schemes; and if he will make a statement on the matter. [34697/11]

151. Deputy Michael Creed asked the Minister for Finance if he has information regarding the level of outstanding mortgages on properties purchased under the various tax incentive construction schemes, including section 23, student accommodation and so on; the existing level of impairment on these mortgages; and if he will make a statement on the matter. [34703/11]

152. Deputy Michael Creed asked the Minister for Finance the value of tax relief already availed of under the various tax incentive construction schemes, including section 23, student accommodation and so on; the profile of taxpayers that have already availed of their entitle- ments in this regard and the profile of taxpayers still holding this relief; and if he will make a statement on the matter. [34704/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 150 to 152, inclusive, together. I am informed by the Revenue Commissioners that for the tax year 2003 and earlier years claims for tax incentive schemes on property were aggregated in tax returns with other claims and could not be distinguished from other reliefs claimed. Accordingly, the specific information on costs for 2003 and earlier years are not available. Provisions were included in the Finance Act 2004 to allow this data to be obtained separately in subsequent years. The relevant information for 2004- 2008 is available from the Revenue Statistical Reports which are accessible on the Revenue website at www.Revenue.ie. The infor- mation is located in Table IT6, under the main chapter heading of Income Tax. I am informed by the Revenue Commissioners that the relevant information in relation to the maximum claim, minimum claim and the tax cost associated with the claims for tax relief allowed in respect of the different types of property related tax schemes for the years 2007 to 2009, the latest year for which this information is available, is as outlined in the following tables.

576 Questions— 15 November 2011. Written Answers

This is based on personal income tax returns filed by non-PAYE taxpayers and corporation tax returns filed by companies for the years in question.

2007

Scheme Tax Cost Maximum Claim Minimum Claim

€m €m € Urban Renewal 109.3 See Note 1 Town Renewal 34.6 See Note 1 Seaside Resorts 8.0 0.5 1 Rural Renewal 48.6 See Note 1 Multi-storey car parks 9.6 See Note 1 Living over the Shop 3.0 0.5 3 Enterprise Areas 2.8 See Note 1 Park& Ride 1.4 0.6 1 Holiday Cottages 12.4 See Note 8 Hotels 118 See Note 1 Nursing Homes 18.3 See Note 531 Housing for the Elderly/Infirm 2.6 0.3 3,449 Hostels 0.7 0.6 4,047 Guest Houses Negligible Negligible 1 Convalescent Homes 0.5 0.1 381 Qualifying (Private ) Hospitals 12.1 1.2 1,253 Qualifying Sports Injury Clinics 1.8 0.6 19,582 Buildings Used for Childcare Purposes 9.8 See Note 6 Mental Health Centres Negligible Negligible See Note Student Accommodation 42.0 See Note 1

2008

Scheme Tax Cost Maximum Claim Minimum Claim

€m €m € Urban Renewal 84.5 See Note 1 Town Renewal 23.7 See Note 1 Seaside Resorts 5.7 0.4 1 Rural Renewal 34.2 See Note 2 Multi-storey car parks 6.6 See Note 3,657 Living over the Shop 2.5 See Note 1 Enterprise Areas 2.5 0.3 1 Park& Ride 0.7 0.5 1 Holiday Cottages 10.8 0.6 44 Hotels 114.7 See Note 1 Nursing Homes 19.4 See Note 405 Housing for the Elderly/Infirm 3.0 0.3 134 Hostels 0.7 0.6 4,047 Guest Houses 0.1 0.1 7,538 Convalescent Homes 0.5 0.1 381 Qualifying (Private ) Hospitals 12.3 0.8 11 Qualifying Sports Injury Clinics 1.5 0.3 5,852

577 Questions— 15 November 2011. Written Answers

[Deputy Michael Noonan.] Scheme Tax Cost Maximum Claim Minimum Claim

Buildings Used for Childcare Purposes 12.0 See Note 1 Mental Health Centres Negligible See Note See Note Student Accommodation 22.7 See Note 1

2009

Scheme Tax Cost Maximum Claim Minimum Claim

€m €m € Urban Renewal 93.1 See Note 1 Town Renewal 18.3 0.7 1 Seaside Resorts 5.3 0.3 1 Rural Renewal 28.0 See Note 1 Multi-storey car parks 5.2 See Note 69 Living over the Shop 1.7 0.5 1792 Enterprise Areas 2.1 0.3 1100 Park & Ride 0.8 0.5 69 Holiday Cottages 13.9 See Note 210 Hotels 102.1 See Note 127 Nursing Homes 21.6 See Note 1 Housing for the Elderly/Infirm 2.8 0.4 783 Hostels 0.30 0.2 7240 Guest Houses 0.10 0.1 815 Convalescent Homes 0.5 0.2 381 Qualifying (Private ) Hospitals 12.5 See Note 6418 Qualifying Sports Injury Clinics 1.5 0.2 14823 Buildings Used for Childcare Purposes 12.5 See Note 529 Mental Health Centres Negligible See Note See Note Student Accommodation 19.1 See Note 57 Registered Caravan Parks 0.2 See Note See Note Mid Shannon Corridor 0.2 0.5 15720

The estimated relief claimed has assumed tax forgone at the 41% rate in the case of individuals and 12.5% in the case of companies. The figures shown correspond to the maximum Exchequer cost in terms of income tax and corporation tax. It should be noted that any corresponding data returned by PAYE taxpayers in the income tax return (Form 12) is not captured in the Revenue computer system. However, any PAYE taxpayer with non-PAYE income greater than €3,174 is required to complete an income tax return (Form 11). Corresponding data cannot yet be provided for 2010 as the tax returns for this year are either not yet due or are still being processed. The information provided in tax returns on the annual amounts of claims for property-based tax reliefs is not sufficiently detailed to provide a basis for deriving an estimate of the value of outstanding reliefs available under the various tax construction schemes. I am not therefore in a position to provide the information requested by the Deputy in this regard. 578 Questions— 15 November 2011. Written Answers

My Department produced a detailed Consultation Paper as part of an economic impact assessment of potential changes to the “legacy” property-based tax reliefs, which contains infor- mation on the profile of tax payers availing of such schemes. Based on preliminary data pro- vided by the Revenue Commissioners the Paper, which is available on the Department of Finance’s Tax Policy website www.taxpolicy.gov.ie, provides an analysis of claims and investor income levels including the table below, which shows the share of claims by tax unit within five income groupings.

Income level 2007 2008

Less than €100,000 43% 44% €100,000 — €150,000 17% 18% €150,000 — €200,000 11% 11% €200,000 — €275,000 9% 9% Greater than €275,000 20% 18%

Table: Percentage of claimants by income band It is anticipated that the results of the impact assessment process will be available for con- sideration in the context of the forthcoming budget. The Central Bank collates and analyses data on the mortgage market. I have been informed that they do not have this data according to tax relief status. Their Statistics Department does not collect the credit data at that level of breakdown. The only reliable breakdown available is owner-occupier versus buy-to-let (BTL) mortgages, and this is publicly available in the Cen- tral Bank’s Financial Measures Programme Report published earlier this year and available on their website www.centralbank.ie. In addition the Deputy might note that a number of these property-based schemes were reviewed by Indecon Economic Consultants and Goodbody Economic Consultants as part of the overall review of property and area based tax incentives in 2005. These reports were pub- lished on 6 February 2006 and are available on the Department of Finance’s Tax Policy website. Note: Because of the Revenue Commissioners’ obligation to observe confidentiality in relation to the taxation affairs of individual taxpayers, a figure for the highest and in some cases the lowest amount of relief claimed under some of the schemes is not provided. This is due to the small numbers of returns with amounts exceeding that level.

Question No. 153 answered with Question No. 147.

154. Deputy Denis Naughten asked the Minister for Finance the cost to the Exchequer of the farm consolidation tax relief in the last available full year which expired last June; the projected annual cost of reinstating the scheme; his plans to re-establish the scheme; and if he will make a statement on the matter. [34708/11]

Minister for Finance (Deputy Michael Noonan): I am advised by the Revenue Commissioners that the latest available information on the cost of stamp duty relief for farm consolidation is estimated at close to €0.5 million for calendar year 2010, in respect of all stamped deeds of transaction. It is not possible to predict the cost of reinstating this measure as cost would depend on take up. The scheme of Stamp Duty relief for farm consolidation expired on 30 June 2011. The figure for 2011 is not yet available. Stamp duty relief for farm consolidation was a State Aid and would require EU approval if reintroduced. I have no plans at this time 579 Questions— 15 November 2011. Written Answers

[Deputy Michael Noonan.] to reintroduce this scheme. It would appear the scheme did not have the intended effect of encouraging farm consolidation, given the low level of take up — there were only 115 applicants in total between 2005 and 2010.

Banking Sector Regulation 155. Deputy Michael Healy-Rae asked the Minister for Finance his views on a matter (details supplied) regarding a code of practice. [34738/11]

Minister for Finance (Deputy Michael Noonan): The Central Bank’s Code of Conduct on Mortgage Arrears applies only to mortgage lending activities in respect of an owner/occupier’s principal private residence. Responsibility for the rights of tenants in rented accommodation is a matter for my colleague the Minister for Justice and Equality.

156. Deputy Finian McGrath asked the Minister for Finance the reason Ulster Bank and AIB are refusing to reduce their mortgage interest rates; and if he will act on this matter urgently. [34797/11]

Minister for Finance (Deputy Michael Noonan): The setting of mortgage interest rates is a commercial decision for the banks concerned. I welcome the recent announcement by AIB that it will reduce its standard variable mortgage lending rate as a follow on to the recent ECB interest rate cut. The Central Bank have advised me that they will engage with lenders which appear to have standard variable rates disproportionate to their cost of funds

Monetary Policy 157. Deputy Catherine Murphy asked the Minister for Finance if any decision has been taken with regard to the re-issuing of Irish pounds by the Central Bank of Ireland; if so, are Irish pounds currently being printed at the National Mint or elsewhere on the instruction of the Central Bank of Ireland; if so, the total value of this issue; and if he will make a statement on the matter. [34798/11]

Minister for Finance (Deputy Michael Noonan): As Ireland is a Member State of the Euro- zone the question of re-issuing Irish pounds does not arise. Irish pounds are not being printed by the Central Bank nor are they being printed elsewhere on the instruction of the Central Bank. The Central Bank continues to produce euro currency.

Economic and Monetary Union 158. Deputy Catherine Murphy asked the Minister for Finance if he has been involved in any discussions with his ECOFIN colleagues on changes to the membership and or structure of the eurozone; if his attention has been drawn to any discussions between members of the European Council and the Taoiseach regarding same; and if he will make a statement on the matter. [34799/11]

Minister for Finance (Deputy Michael Noonan): I have not engaged in discussions regarding changes in euro area membership with my Ecofin colleagues. We are, of course, in the process of improving the institutional arrangements within the euro area, to ensure that the current problems do arise again in the future. I am also aware of comments attributed to some Member States in relation to membership of the euro area. However, I note that over the weekend there was clarification from Germany and France that they are not proposing any breakup of

580 Questions— 15 November 2011. Written Answers the euro area. Instead, they are talking about making the euro area work better. Any measures that can achieve this are to be welcomed.

159. Deputy Catherine Murphy asked the Minister for Finance if he has made any contin- gency plans in the event that Ireland either decides to leave the eurozone or is instructed to do so; if so, the details contained in this plan; the dialogue if any, he has had with his European counterparts in the context of recent reports that the French and German Governments are considering radical structural changes to the eurozone; and if he will make a statement on the matter. [34801/11]

Minister for Finance (Deputy Michael Noonan): Our focus is on improving the functioning of the euro — it is our future. There are many risks in the broad economic environment at present, which I must take into account in conjunction with my Department and the agencies that report to me. The euro is a firm and solid currency currently trading well against all the other major currencies. There is clearly no market expectation, and there is certainly no Irish Government expectation, of any collapse in the euro. In terms of structural changes to the euro area, I note that over the weekend there was clarification from Germany and France that they are not proposing any breakup of the euro area. Instead, they are talking about making the euro area work better. Any measures that can achieve this are to be welcomed.

Capital Projects 160. Deputy Gerald Nash asked the Minister for Finance if he will provide details of the number and value of State capital project contracts awarded to companies registered outside the State in the years 2009, 2010 and 2011, respectively; if he will provide details in respect of the number and value of State capital project contracts awarded to companies registered in the Republic of Ireland in the years 2009, 2010 and 2011, respectively; and if he will make a statement on the matter. [34809/11]

Minister for Finance (Deputy Michael Noonan): The Deputy has confirmed that the infor- mation sought is in relation to State capital construction projects. My Department did not award any such contracts during the period in question. During 2009 and 2010 my Department co-funded PEACE and INTERREG Programmes which cover the Border counties of Ireland and Northern Ireland. These Programmes are administered by the Special EU Programmes Body (SEUPB), a north-south body established under the Good Friday Agreement. PEACE and INTERREG projects are proposed and implemented by Lead Partners who apply to the SEUPB for funding for particular projects. Any contracts for capital works are awarded by the Lead Partners and are not considered as State capital construction project contracts. This Programme transferred to the Department of Public Expenditure and Reform with effect from 2011.

Economic and Monetary Union 161. Deputy Bernard J. Durkan asked the Minister for Finance the extent to which the Ministers for Finance in each EU member State are in agreement on the issues of European economic, monetary or fiscal policy; if this is in line with the views of the relevant Com- missioner; the extent to which a meeting of minds in this regard is likely in the near future; and if he will make a statement on the matter. [34818/11]

Minister for Finance (Deputy Michael Noonan): The policies designed to address the euro area sovereign debt crisis were announced by Heads of State or Government on the 26th of

581 Questions— 15 November 2011. Written Answers

[Deputy Michael Noonan.] October. The implementation of the policies in this strategy — known as the comprehensive strategy — is mostly a matter for Finance Ministers. In this regard, there is broad agreement that swift implementation will help instill confidence and underpin economic recovery. In terms of addressing the root causes of the crisis there is a general agreement — and one to which the Irish Government subscribes — that the institutional architecture of the euro area needs to be enhanced, and work is progressing in this regard.

162. Deputy Bernard J. Durkan asked the Minister for Finance if there is agreement among the EU Council of Finance Ministers both within the eurozone and without on a strategy whereby each member State within the union undertakes specific responsibilities with a view to achieving economic recovery and stability in the financial markets; and if he will make a statement on the matter. [34819/11]

Minister for Finance (Deputy Michael Noonan): As part of the comprehensive strategy agreed by Head of State or Government on 26th October, all euro area Member States expressed their determination to continue their policy of fiscal consolidation and structural reforms. The rationale for these measures is to underpin recovery and restore financial market confidence. Member States which are particularly vulnerable — such as Italy — have announced specific plans to help reduce financial market tensions and this is to be welcomed. In terms of the EU27, measures to improve the capital position of European banks and to improve their funding positions have been agreed. These measures are designed to ensure that the banking sector continues to support economic recovery in the EU.

163. Deputy Bernard J. Durkan asked the Minister for Finance the degree to which there has emerged a consensus throughout the European Union in respect of economic, fiscal or monetary issues; if there is a recognition that indecision and lack of clarity leads to a lack of confidence resulting in instability; the degree to which these issues are being addressed at the present time with particular reference to the urgent need for such focus; and if he will make a statement on the matter. [34820/11]

Minister for Finance (Deputy Michael Noonan): It is important to realise the considerable progress that has already been made in terms of improving the functioning of the EU and the euro area in particular. Amongst other things we now have:

— The EU Semester;

— Strengthened surveillance via the so-called ‘six-pack’ of governance measures;

— Support for vulnerable economies via the EFSF and the EFSM;

— A permanent crisis resolution mechanism in the form of the ESM;

— The Euro Plus Pact to inter alia improve competitiveness; and,

— Strengthened financial regulation.

There is also the comprehensive package announced by the euro area Heads of State or Government on the 26th October. This, as you know, is essentially a five-point strategy involving:

— A credible solution to the Greek situation;

— Boosting the effective capacity of the EFSF;

582 Questions— 15 November 2011. Written Answers

— Recapitalising Europe’s banks;

— Enhancing surveillance; and,

— Improving economic governance in the euro area.

Work is continuing on implementing these important decisions, which will help bring clarity and restore confidence.

Price Inflation 164. Deputy Bernard J. Durkan asked the Minister for Finance the extent if any to which the reason or reasons for any inflation throughout the European Union; the way it is intended to address to such issues in the future; and if he will make a statement on the matter. [34821/11]

165. Deputy Bernard J. Durkan asked the Minister for Finance the extent to which serious deflation is affecting particular countries throughout the European Union; the strategy in place or likely to be put in place to address such issues; and if he will make a statement on the matter. [34822/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 164 and 165 together. The Deputy will be aware that the European Commission last week published its Autumn economic forecasts. In this, it states that the main driving force behind the acceleration of HICP inflation in the EU in the first half of the year was the pass through of high energy and food prices to headline inflation. Looking to the future, the Commission expects that the projected easing of commodity prices and the slowdown in economic activity in the EU should keep inflationary pressures contained over the next few years. The Autumn forecasts show that inflation in the EU will average 3.0 per cent in 2011 before moderating to 2.0 per cent and 1.8 per cent in 2012 and 2013 respectively. With regard to deflation, the Commission forecast’s show that no Member State is expected to experience deflation in 2011 nor is any Member State projected to enter into deflationary territory over the forecast horizon.

Economic and Monetary Union 166. Deputy Bernard J. Durkan asked the Minister for Finance the extent to which he and his EU colleagues have discussed the issue of a consistent economic policy throughout the European Union by way of adherence to incentivised guidelines while at the same time retain- ing national sovereignty; and if he will make a statement on the matter. [34823/11]

167. Deputy Bernard J. Durkan asked the Minister for Finance the extent he and his EU colleagues have examined and analysed the factors which have been the economic strength of the EU since its foundation; the degree and extent to which it is expected and or intended to rediscover such strategies and recommit to the original economic vision for Europe; and if he will make a statement on the matter. [34824/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 166 and 167 together.

583 Questions— 15 November 2011. Written Answers

[Deputy Michael Noonan.]

Since the onset of the economic and financial crisis in 2008, all the European Union’s govern- ments and the European Commission have been working to limit the damage being done to the EU’s economy, repair the damage that has been done and to put in place measures that will help the EU to avoid a similar crisis in the future. If follows from the nature of the crisis that Europe’s Finance Ministers have been at the forefront in this work and, since becoming Minister for Finance a considerable part of my work in Europe has been focussed on this area. The economic and financial crisis has led Member States to realise that they must co-ordinate their economic policies more closely in order to be able to cope with severe global crises that may arise in the future. The goal for the EU is to put in place reforms that will help to ensure that it leaves the crisis behind and enters a period of sustainable growth and jobs, while ensuring that the lessons from the crisis are taken on board and measures put in place to help avoid a repetition of the failures that contributed to it. The results of this work can be seen in the EU2020 strategy, the European Semester process, the so called six-pack of economic governance reforms and the Euro-plus pact, all of which are, or will shortly be, in operation. Work is continuing to bring further appropriate measures to the table for consideration. The recent Commission communication “A Roadmap to Stability and Growth” (October 2011) included a number of commitments for the further enhancement of existing measures and the introduction of new ones. These were further built on at the October 26th Euro Summit, where the euro area’s Heads of State or Government agreed on a series of measures designed to improve the economic governance of the euro area. President Van Rompuy is also expected to present an interim report on strengthening the economic union within the euro area in December 2011. Not surprisingly, some have suggested that greater surveillance and enhanced governance somehow implies an unacceptable loss of national sovereignty. I do not agree. The Government’s view is clear, we are in a monetary union with other Member States and so more coordination of policies is essential. In fact, it must be recognised that the lack of coordination among Member States in the past is one of the main reasons we find ourselves in the current predicament. So it is important to tackle the root causes of the problem — we simply cannot have a currency union without further integration and greater coordination. In these circumstances, putting in place — albeit retrospectively — the appropriate institutional architecture is crucial. Of course, enhanced policy surveillance and governance must be sufficiently balanced, and in this regard, the Government sees an important role for the Community-based method as it balances the interests of smaller Member States. The Government also takes the view that as much as possible should be achieved at the level of the EU27, however, it also recognises that the level of integration and coordination will be necessarily higher for countries participating in a monetary union than for those outside it.

Job Creation 168. Deputy Bernard J. Durkan asked the Minister for Finance the extent to which the various factors likely to affect growth in this economy have been identified and isolated with a view to specific or particular action likely to result in job creation; and if he will make a statement on the matter. [34825/11]

Minister for Finance (Deputy Michael Noonan): As noted in the Medium-Term Fiscal State- ment, my Department expects that the economy will return to growth this year following three

584 Questions— 15 November 2011. Written Answers successive annual contractions. The pace of the recovery is then expected to gradually strengthen in subsequent years, although anticipated GDP growth rates of 1.6 per cent in 2012 and 2.4 per cent in 2013 are weaker than those forecast in the spring. These downward revisions reflect a combination of external and domestic factors. For instance, it is now accepted that growth in our major trading partners is moderating, and this has led to a downward revision to the export growth forecast. The latest economic data, meanwhile, have revealed that the outlook for the domestic growth components is weaker than was the case in the spring. Slower economic growth will, in turn, lead to a slower recovery in the labour market. A return to net employment creation is now expected to be delayed until the second half of next year and annual employment growth is not foreseen until 2013. The Government recognises that getting people back to work represents its biggest challenge, however, and will continue to take steps to improve the prospects of those out of work.

Banking Sector Regulation 169. Deputy Bernard J. Durkan asked the Minister for Finance the manner in which Ireland’s Central Bank liaised with the ECB in the course of the past ten years; if any particular issues arose which might have indicated the necessity for corrective measures in respect of banking here or throughout the Eurozone; if the Central Bank here identified any weaknesses in the banking sector here which were brought to the attention of the ECB and conversely if the ECB identified any issues in the banking sector which requires the attention of the Central Bank; and if he will make a statement on the matter. [34826/11]

Minister for Finance (Deputy Michael Noonan): As Minister for Finance, I have no function in the relationship between the European Central Bank and national central banks. The Gov- ernor of the Central Bank carries out his European Central Bank-related functions under the Treaty of Rome and the Statute of the European System of Central Banks (ESCB) and his independence in doing so is guaranteed. Section 19A(2) of the Act provides that the Governor has sole responsibility for the performance of the functions imposed, and the exercise of powers conferred, on the Bank by or under the Rome Treaty or the ESCB Statute. Section 6A(3) of the Central Bank Act 1942 provides that the Minister for Finance may not request information relating to ESCB functions from the Governor or the Bank. Additionally, article 282 (3) of the Treaty of Rome provides that the European Central Bank shall be independent in the exercise of its powers and that European Union institutions, bodies, offices and agencies and the governments of the Member States shall respect that inde- pendence.

170. Deputy Bernard J. Durkan asked the Minister for Finance the extent to which it is expected that recent ECB interest rate will be passed on to the borrower with particular refer- ence to lending institutions that have passed on rate increases to the borrowers; and if he will make a statement on the matter. [34827/11]

Minister for Finance (Deputy Michael Noonan): I understand that the recent reduction in interest rates announced by the ECB have been passed on by three lenders, namely Irish Life and Permanent, AIB and EBS. The Government wants the lending institutions to pass on the interest rate cut for a number of reasons. Firstly, the interest rate cut will be of important assistance to mortgage holders who are struggling to pay their mortgages. Secondly, and linked to the first reason, the purpose of the ECB’s interest rate cut was a monetary policy measure to increase the level of money in the Eurozone so as to stave off a recession. The ECB did not

585 Questions— 15 November 2011. Written Answers

[Deputy Michael Noonan.] cut rates so as to allow lenders to rebuild their capital base — there are other methods for this to occur. Neither the Central Bank nor myself, as Minister for Finance, have any statutory role in the interest rates charged by financial institutions regulated by the Central Bank. However the Central Bank have advised me that they will engage with lenders which appear to have standard variable rates set disproportionate to their cost of funds.

Vocational Education Committees 171. Deputy Mary Lou McDonald asked the Minister for Education and Skills the name, position and a breakdown of the retirement packages for all vocational education committees chief executive officers eligible to retire before the end of February 2012. [33998/11]

An Ceann Comhairle: There are 33 Vocational Education Committees of which 22 have permanent Chief Executive Officers and 11 acting Chief Executive Officers in position. The information requested by the Deputy is not held within my Department, and as each individual VEC is a separate employer it would involve an inordinate amount of administrative time to compile. However, I can inform the Deputy that the following conditions and criteria would apply to any CEO that is eligible to retire. Standard Retirement provisions for Officers employed by VECs

(1) An Officer who is not a new entrant must retire at the end of the school year following attainment of age 65.

(2) An Officer who is not a new entrant and has reached the age of 60 may retire on pension at any time thereafter.

(3) Under the Public Service Superannuation Act 2004, compulsory retirement age has been abolished in the case of new entrants to the public service. Correspondingly, pension is not payable to new entrants to most sectors of the public service, until age 65. A new entrant is a person who commences employment in the public service on or after 1 April 2004 or who, following a break of more than 26 weeks, returns to employment in the public service on or after 1 April 2004.

(4) A scheme of cost-neutral early retirement based on actuarial reductions, was introduced in 2005. The scheme will permit retirement between age 50 and 60, (between 55 and 65 for new entrants). Retirees on cost neutral early retirement will get a reduced lump sum and pension from the date of retirement, the payments are the payments that would be made when the member reaches age 60 or 65 actuarially reduced.

Standard Retirement benefits for Officers employed by VECs

(1) On retirement, a member of the Scheme, who has at least 2 years’ pensionable service (reduced from 5 years with effect from 2 June 2002), will receive a Retirement Gratuity in the form of a lump sum.

(2) With effect from 1 January 2011, overall lifetime limit on tax free lump sum is €200,000. Any excess amount over €200,000 is taxed at standard rate of tax up to €575,000. Any excess over €575,000 is taxed at individual’s marginal rate of tax.

586 Questions— 15 November 2011. Written Answers

(3) The value of the lump sum is 3/80th of pensionable remuneration at retirement (PR) for each year of pensionable service, subject to a maximum of 1.5 times PR.

(4) He will also receive a Pension which will be subject to tax. For Officers liable for the Class D rate of PRSI, the value of the pension is 1/80th of PR for each year of pensionable service, subject to a maximum of half of PR.

(5) For Officers liable for the Class A rate of PRSI, the pension payable is co-ordinated with social welfare entitlements. The value of the co-ordinated pension is, with effect from 1 January 2004, 1/200th of PR up a threshold of 3 and one third times the maximum personal rate of State Pension (Contributory) + 1/80th of any PR exceeding that threshold.

Departmental Funding 172. Deputy Robert Dowds asked the Minister for Education and Skills the extent of support he gives to the yellow flag programme for schools; if his attention has been drawn to the fact that the Irish Traveller Movement is unable to run the programme in all 16 schools which qualified this year owing to a lack of funding, and cannot source charitable funding for the programme for 2012 until Exchequer funding has been secured; and if further support will be given. [34028/11]

Minister for Education and Skills (Deputy Ruairí Quinn): My Department has not provided support for the programme referred to by the Deputy, which I understand was run as a pilot project in some schools. The Deputy will be aware that a Comprehensive Expenditure Review is ongoing in all Government Departments at the request of the Minister of Public Expenditure and Reform and due to the current economic climate the funding for new programmes, includ- ing this programme cannot be considered at this time .

Higher Education Grants 173. Deputy Jim Daly asked the Minister for Education and Skills the reason an applicant of a higher education grant has had a decision issued which removed 50% of the their regis- tration fee allowance and also removed their eligibility for a maintenance grant when their financial position has not changed from previous years; and if he will make a statement on the matter. [34030/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The decision on eligibility for a student grant is a matter for the relevant grant awarding authority. The Deputy will appreciate that in the absence of all of the relevant details that would be contained in an individual’s application form, including those relating to reckonable income, it would not be possible for me to say why a student’s level of grant was reduced. Where a grant application is refused, the reason for the refusal is given by the grant award- ing authority. An applicant may appeal the decision of the grant awarding authority to its appeals officer. Where the appeals officer decides to reject the appeal, the applicant may appeal this decision to my Department or the independent appeals board, as appropriate.

Traveller Education 174. Deputy Finian McGrath asked the Minister for Education and Skills the mechanisms that have been put in place by him to monitor the attendance and support the progress of Traveller pupils in the education system at primary and post-primary level since the abolition

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[ Deputy Finian McGrath.] of the visiting teacher service for Travellers, the removal of resource teachers for Travellers posts in schools and reduced transport services. [34043/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The Education (Welfare) Act, 2000, established the National Educational Welfare Board (NEWB) charged with ensuring that each child attends a recognised school or otherwise receives a certain minimum education. The Act provides a comprehensive framework promoting regular school attendance and tackling the problems of absenteeism and early school leaving. While responsibility for the National Education Welfare Board (NEWB) has transferred to my colleague, the Minister for Children and Youth Affairs, the two Departments are working together to ensure that the services in the NEWB, including the School Completion Prog- ramme, Home School Community Liaison and the Education Welfare Service have a renewed focus to more effectively target and support all children at risk, including Traveller children. The Report and Recommendations for a Traveller Education Strategy which was launched in 2006, following wide ranging consultation with stakeholders including Traveller representatives covers all aspects of Traveller education from preschool to further and higher education. A core principle of the strategy is that allocation of resources is based on ‘individual educational need’ rather than ‘Traveller identity’. My Department’s aim is to prioritise available resources to maximum effect across the education sector to enhance educational outcomes for all children and adults including Travellers. In the context of the National Recovery Plan 2011-2014 and in keeping with the report, the Government has taken a decision to provide educational teaching supports to Traveller students on the same basis as other students in schools. Additional tuition is provided through the existing learning support provision in schools. In order to assist schools with high concentrations of Traveller pupils, following the with- drawal of the Resource Teaching posts for Travellers, limited alleviation or adjustment measures are being provided. Furthermore Traveller enrolments have been included in the valid enrolment for the purpose of allocating additional staffing under DEIS from the 2011/12 school year. The general position of my Department regarding the issue of school transport provision for Traveller children is to accommodate Traveller children within mainstream school transport provision rather than to promote segregation and marginalisation. This flows from the Traveller Education Strategy which states in respect of primary and post primary pupils that “Traveller children should use mainstream school transport in operation at present. Only in exceptional circumstances based on special needs should special transport be provided as a positive action measure”. As a continuing positive measure, Traveller children availing of exceptional trans- port arrangements who meet the distance criterion are allowed retain their transport eligibility for the duration of their education at their current school of attendance. The Traveller Education Strategy Advisory & Consultative Forum continues to identify issues, including obstacles, to the implementation of recommendations of the Traveller Edu- cation Strategy, examining appropriate responses to issues identified and reports to my Depart- ment’s Traveller Strategy Implementation Group to highlight key issues of concern.

Overseas Student Enrolments 175. Deputy Stephen Donnelly asked the Minister for Education and Skills with regard to the registration of students by private colleges for courses accredited by HETAC and FETAC, if he will confirm if it is the case that such students can only be registered if they have a PPS

588 Questions— 15 November 2011. Written Answers number, or the British equivalent; the reasons for same; if he has considered the negative impact that this may have on uptake by overseas students of e-learning courses delivered by institutions here; and if he will make a statement on the matter. [34069/11]

Minister for Education and Skills (Deputy Ruairí Quinn): HETAC seeks the Personal Public Services Number (PPSN) as part of its learner registration processes. HETAC is aware that certain learners may not have a PPSN available at registration. In these circumstances, an alternative identifier is generated by HETAC. FETAC requires students to have a PPSN or its UK equivalent for the purpose of certifi- cation of learning and uses them as a unique identifier of learners. It is particularly important that a strong and well-understood identifier is used in further education and training where learners may receive FETAC major awards having accumulated modules across a number of different providers. I am not aware of these practices creating difficulties for HETAC or FETAC registered providers seeking to offer distance learning programmes.

Higher Education Grants 176. Deputy Charlie McConalogue asked the Minister for Education and Skills the changes, if any, that have been introduced by him to the qualifying year for assessing reckonable income for self-employed persons for the maintenance grant and the HEAR programmes; and if he will make a statement on the matter. [34087/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I have made no changes to the qualifying year for assessing reckonable income for the self-employed for the student grant. For 2011/2012 academic year all relevant income arising between 1 January 2010 to 31 December 2010 is considered. The same approach was used for previous academic years. The Higher Education Access Route (HEAR) is a third-level admissions scheme for students from socio-economically disadvantaged backgrounds. The scheme is operated by a number of higher education institutions and not by my Department. Admissions to the institutions under this programme are regulated by the institutions themselves. Further details are available at www.accesscollege.ie.

School Enrolments 177. Deputy Finian McGrath asked the Minister for Education and Skills if a second level school may refuse a pupil a place on religious grounds; and if secondary schools are allowed to have different entrance criteria. [34089/11]

Minister for Education and Skills (Deputy Ruairí Quinn): It is the responsibility of the mana- gerial authorities of individual schools to implement an enrolment policy in accordance with the Education Act 1998. 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. The criteria to be applied by schools in such circumstances are a matter for the schools themselves. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants. Under section 15(2)(d) of the Education Act 1998, each school is legally obliged to disclose its enrolment policy and to ensure that as regards that policy that principles of equality and the rights of parents to send their children to a school of the parents choice are respected.

589 Questions— 15 November 2011. Written Answers

[Deputy Ruairí Quinn.]

Equality legislation, which also outlaws discrimination in relation to the admission of a student, makes provision for exemptions to apply in the case of single sex schools and in the case of schools where the objective is to provide education in an environment that promotes certain religious values. The legislation provides that any school that has this objective may admit a student of a particular religious denomination in preference to other students. The Deputy will be aware that earlier this year, I launched a discussion paper on school enrolment. The document, “Discussion Paper on a Regulatory Framework for School Enrol- ment” contains suggestions on how to make the process of enrolling in schools more open, equitable and consistent. I invited education partners and interested parties to submit their views to my Department by the 28th of October. The feedback from this consultation will help inform the nature and scope of a new regulat- ory framework for school enrolment.

School Staffing 178. Deputy Sandra McLellan asked the Minister for Education and Skills if he will reinstate two teachers whose jobs were suppressed in a school (details supplied) in County Cork; if he will ensure that no further cuts are enforced on the school resources and that no further jobs will be suppressed there; and if he will make a statement on the matter. [34115/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The Deputy will be aware the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating teaching staff and Special Needs Assistants (SNAs) to special schools to support children with special educational needs. The NCSE operates within my Departments criteria in allocating such support, which now includes a requirement for the NCSE to have regard to an overall cap on the number of SNA posts. As set out in my Departments Circular 0042/2011, in order for the NCSE to complete the processing of applications for mainstream schools in the first instance, the existing 2010/11 level of SNA supports have been maintained in special schools for the coming school year, other than for schools with declining enrolments, with a review to take place early in the 11/12 school year. The school referred to by the Deputy has therefore not received a reduction in its SNA staff levels over those applying at the end of the last school year. The review of SNA support at special schools is currently ongoing and I understand that the review of SNA provision at the school referred to by the Deputy will take place in the coming weeks. In relation to teaching posts, Circular 0042/11 states that there are a small number of special schools which have significant excess teacher posts and that the NCSE may therefore contact such schools to review the individual circumstances in these schools. The Circular indicated that the NCSE may suppress a post in schools which have excess teaching posts in order to create a post in a school which does not have excess posts and which has growing pupil numbers. The special school referred to by the Deputy caters for pupils with severe/profound disability and ASD. The correct teacher allocation ratio for schools catering for children with severe and profound disability is 6:1. In 2010/11 the school had 7 approved class teaching posts, 3 surplus teaching posts and 28 SNAs. The enrolment is 38 pupils, including 9 new children enrolled for September 2011. One of the surplus teachers retired at the end of the last school year and the school is not eligible for a replacement. A further surplus post has been withdrawn leaving the school with 1 surplus post above recommended staffing allocation levels.

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It is the position of both my Department and the NCSE that given the exceptionally high levels of teaching and support staff which have been allocated to the school, that notwithstand- ing the outcome of any review of SNA support at the school, that the school has sufficient support within its overall allocation to enable it to provide for the teaching and care support requirements of all of the children enrolled to the school.

School Patronage 179. Deputy Simon Harris asked the Minister for Education and Skills the reason the patron- age tender guidelines for a new secondary school (details supplied) stipulate that the school must be an English language only school; the rationale he has used to set these specific guide- lines; if he will consider tender applications from Irish language patrons for this school; and if he will make a statement on the matter. [34130/11]

Minister for Education and Skills (Deputy Ruairí Quinn): As the Deputy may be aware I announced new criteria on 27 June 2011 in relation to the establishment of new second level schools. As part of the new procedures it was clearly stated that an initial decision would be made by the Department on whether the new schools would operate through the medium of Irish or English. Applications would then be sought from prospective patrons when this decision was made. Prior to seeking applications for the new second-level schools to be established in 2013 and 2014, the Department made the initial decision about which schools would operate through the medium of Irish. The Department had regard to both the existing and planned all-Irish pro- vision at primary and second level in the areas concerned. The new second level school planned for the area referred to by the Deputy will operate through the medium of English. However, in cases there is not sufficient demand to warrant the establishment of a new gaelcholaiste it will be an option for the new English-medium second level schools to operate an all-Irish Aonad within the school where there is sufficient parental demand.

Pupil-Teacher Ratio 180. Deputy Michael Healy-Rae asked the Minister for Education and Skills his views on a matter regarding a school (details supplied) in County Kerry; and if he will make a statement on the matter. [34148/11]

184. Deputy Michael Healy-Rae asked the Minister for Education and Skills if he will confirm or deny weekend reports that he intends to reduce the numbers of teachers in schools, both primary and secondary. [34210/11]

192. Deputy Brendan Griffin asked the Minister for Education and Skills his views on corre- spondence (details supplied) regarding education cuts; if the issues raised will be addressed; and if he will make a statement on the matter. [34362/11]

194. Deputy Brendan Griffin asked the Minister for Education and Skills if current pupil- teacher ratios and average class sizes will be maintained in our primary schools; and if he will make a statement on the matter. [34367/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I propose to take Questions Nos. 180, 184, 192 and 194 together. At this point I do not propose to give any specific commitment on the allocation of teachers to schools for the 2012/13 school year. The number of teaching posts that we can afford to fund

591 Questions— 15 November 2011. Written Answers

[Deputy Ruairí Quinn.] in schools is a matter that I will have to consider with my colleagues in Cabinet in the context of the next budget and meeting our obligations under the EU/IMF Programme. The Government will endeavour to protect frontline education services as best as possible. However, this must be done within the context of bringing our overall public expenditure into line with what we can afford as a country. All areas of Government will have to manage on a reduced level of resources. The challenge will be to ensure that the resources that can be provided are used to maximum effect to achieve the best possible outcome for pupils.

Croke Park Agreement 181. Deputy Dominic Hannigan asked the Minister for Education and Skills the number of Croke Park Agreement projects that each State agency under his aegis are progressing; if he will list each project by Department in tabular form; the amount to be saved by each project; the number that have been completed since the agreement came into force; and if he will make a statement on the matter. [34155/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The Action Plans, Progress Reports and Savings Reports under the Public Service Agreement 2010-2104 for State Agencies under my Department’s remit for the period up to April 2011 are available on the Departments website at: http://www.education.ie/home/home.jsp?maincat=17216&pcategory=17216&ecate- gory=59433&language=EN. The Implementation Body for the Agreement is currently considering the progress reported on the implementation of Action Plans under Croke Park in each sector during the period, April to September 2011. I understand the Body is due to publish a summary of the progress reported to it on its website shortly. Once the Body has completed its consideration, it is intended that the progress reports for this particular reporting period for individual public service bodies, including each state agency, will be published on their organisation’s websites.

School Building Projects 182. Deputy Patrick Nulty asked the Minister for Education and Skills when construction of a school (details supplied) will commence. [34169/11]

Minister for Education and Skills (Deputy Ruairí Quinn): It is envisaged that planning appli- cation will be lodged in early 2012. Subject to no issues arising, it is envisaged that construction of Phase I will commence in late 2012 and be completed in August 2013.

Literacy and Numeracy Levels 183. Deputy Michael Healy-Rae asked the Minister for Education and Skills the reason Ireland has dropped right down the OECD rankings for education; and the way he will rectify same. [34209/11]

Minister for Education and Skills (Deputy Ruairí Quinn): Irish 15 year old students have participated in two recent international studies of achievement levels in literacy and numeracy. These were the OECD Programme for International Student Assessment (PISA) 2009 which tested students’ reading literacy, mathematical literacy and scientific literacy using traditional pencil-and-paper tests and the OECD PISA 2009 Digital Literacy Assessment which assessed students’ ability to read computer-based text. The OECD PISA 2009 results showed a significant deterioration in the performance of 15 year olds in Ireland in Mathematical Literacy and Reading Literacy vis-a-vis earlier years.

592 Questions— 15 November 2011. Written Answers

Ireland’s performance in Mathematical Literacy ranked as just below the OECD average, and Reading Literacy was at the OECD average. In Scientific Literacy, Ireland’s score is signifi- cantly above the OECD average and is the same mean score as reported in PISA 2006. Inde- pendent national and international experts who have examined the data in detail on behalf of the Department have stated that the declines may be explained partly by changes in the profile of students, poorer student engagement with the tests, random factors in school selection, and weaknesses in the methodology used by PISA to determine trends in student performance over time. However, they have also advised the Department that these factors only explain part of the decline in student achievement on the tests and I am acting on the basis that there has been some real decline in standards of student performance. The OECD PISA 2009 Digital Literacy Assessment showed that Irish students’ ability to read computer-based text was significantly above the average of the 19 OECD countries that took the test. The above-average results of Irish students on the digital literacy tests contrasts with their average-level performance in the 2009 round of the traditional pencil-and-paper PISA literacy tests referred to above. These results suggest that the reading standards of Irish 15-year olds may be somewhat better than the results achieved on the traditional pencil-and- paper test in 2009 but not at the above-average levels scored by Irish students in 2000. In view this decline, a key commitment of the Programme for Government was the development and implementation of a national literacy strategy. I published Literacy and Numeracy for Learning and Life, the National Strategy to Improve Literacy and Numeracy among Children and Young People 2011-2020, in July. The Strategy addresses six key areas aimed at improving literacy and numeracy outcomes, these are enabling parents and communities to support children’s literacy and numeracy development; improving teachers’ and early childhood education and care practitioners’ professional practice through changes to both pre-service and in-service education; building the capacity of school leadership to lead improvements in the teaching and assessment of literacy and numeracy in schools; getting the content of the curriculum for liter- acy and numeracy right at primary and post-primary levels by making sure that the curriculum is clear about what we expect students to learn at each stage, targeting available additional resources on learners with additional needs, including students from disadvantaged communi- ties, students learning English as an additional language and students with special educational needs; and improving how teachers, schools and the educational system use good assessment approaches to plan the next steps for each learner and monitors progress. Each of the actions in the Strategy has a timeline and clear lead responsibility for delivery is assigned. Progress has already been made on implementing the early actions identified in the Strategy and a circular on implementation has just issued to all primary schools.

Question No. 184 answered with Question No. 180.

Higher Education Grants 185. Deputy Michael Lowry asked the Minister for Education and Skills if he will clarify whether a named qualification (details supplied) is recognised under the FETAC system; if so, the level rating of this course for the purposes of a higher education grant; and if he will make a statement on the matter. [34219/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The qualification referred to by the Deputy is awarded by an awarding body from outside the State and not by FETAC. The awarding body in question had a number of awards aligned with the National Framework of Qualifications in 2009, including a number of awards in the field of beauty therapy. However, the particular award title referred to by the Deputy is not included in the list of aligned awards.

593 Questions— 15 November 2011. Written Answers

[Deputy Ruairí Quinn.] The principal financial support available to students in further and higher education is the student grant. Students who are entering approved courses are eligible for financial assistance where they satisfy the relevant conditions including those relating to residency, means, national- ity and previous academic attainment. I understand that the college referred to by the Deputy is a private college and as such would not have been included in the list of approved institutions for student grant purposes.

European Globalisation Fund 186. Deputy Peadar Tóibín asked the Minister for Education and Skills if a person (details supplied) in County Meath was one of the named persons in an application by the Government in 2010 for funding under the European globalisation fund for construction workers made redundant between 2009 and 2010; if so, if he will detail the additional training and support available to the person; and if he will make a statement on the matter. [34246/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): Approval from both the European Council and the European Parliament is still awaited of the three EGF applications submitted by Ireland in respect of almost 9,000 construction sector workers who were made redundant between 1 July 2009 and 31 May 20010 and whose eligibility for assistance within the requirements of the EGF regulations has been ascertained by my Department. In the interim a number of national measures, for which EGF co-financing is being currently sought, are already being provided by the relevant service providers and funded from national sources. I refer to the answer to Question No. 29078/11 of 12 October 2011 in this regard. As I stated in a reply to the Deputy on this matter on 8 November 2011, my Department, in conjunction with other Government Departments and Agencies, is currently seeking to put in place certain new measures to assist these particular redundant workers to obtain any necessary upskilling and to improve their employment prospects, between now and the end of the EGF programmes, if approved by the EU, next June. This is in addition to the supports that they have already received to date. It is my intention that, when these measures are confirmed, all eligible persons would be notified simultaneously of the details.

Bullying in Schools 187. Deputy Tony McLoughlin asked the Minister for Education and Skills if he will consider conducting an investigation into the difficulties surrounding a student (details supplied) in County Sligo; and if he will make a statement on the matter. [34261/11]

Minister for Education and Skills (Deputy Ruairí Quinn): Under the Education Act 1998, legally, all schools are managed by school Boards of Management, on behalf of the school patrons or trustees, and it is the Board of Management that employ the teachers at the school. Accordingly, whereas I provide funding and policy direction for schools, neither I nor the Department have legal powers to instruct schools to follow a particular course of direction with regards to individual complaint cases, or to investigate individual complaints except where the complaint involves a refused enrolment, expulsion or suspension, in accordance with Section 29 of the 1998 Education Act. My Department’s role is to clarify for parents and students how their grievances and com- plaints against schools can be progressed. If a parent wishes to make a complaint against a teacher or school they should contact the relevant school authorities. The complaint procedures adopted by most schools are those that have been agreed between the teacher unions and

594 Questions— 15 November 2011. Written Answers school management bodies. Responsibility for tackling bullying falls to the level of the individ- ual school, as it is at local level that an effective anti-bullying climate must be established and at that level that actions should be taken to address bullying. The Office of the Ombudsman for Children may independently investigate complaints about schools recognised with the Department of Education and Skills, provided the parent has firstly and fully followed the school’s complaints procedures. The key criterion for any intervention by the Ombudsman for Children is that the action of the school has had a negative affect on a child. The office can be contacted at Ombudsman for Children’s Office, Millennium House, 52-56 Great Strand Street, Dublin 1, telephone 1800 202040 or (01)8656800, e-mail [email protected]. Further guidance to parents on progressing a concern in relation their child’s school is avail- able on the Guide to Services Page of my Department’s website at www.education.ie. The Education (Welfare) Act, 2000, established the National Educational Welfare Board (NEWB) with statutory responsibility to ensure that each child attends a recognised school or otherwise receives a certain minimum education. The Act provides a comprehensive framework for promoting regular school attendance and tackling the problems of absenteeism and early school leaving. The NEWB’s network of Educational Welfare Officers (EWOs) is one of the key means by which the Board ensures that each child attends and benefits from education. Key aspects of the role of an EWO is to advise parents in relation to the procedures for enrolment in schools and to assist parents where they are experiencing difficulties in finding school places. While the NEWB falls under the remit of my Colleague Minister Frances Fitzgerald, I have confirmed via the Department of Children and Youth Affairs, that the local Educational Wel- fare Officers are aware of and currently engaged with the case in question. I also understand that my Department has approved home tuition for the child in question.

School Discipline 188. Deputy Thomas P. Broughan asked the Minister for Education and Skills if he will confirm by his Department if all recommendations from the Health Service Executive and reports by his Department on a school (details supplied) in Dublin 5 have been implemented in view of the fact that the implementation of all the recommendations was a condition for the school in July 2010; if he will also confirm that the board of management of the school in question have signed off on a behavioural support plan, an enrolment policy and a policy on toileting for the pupils of the school; and if he will make a statement on the matter. [34287/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The Deputy should be aware that the DES report was completed in October 2010. Also, the Deputy is advised that the HSE report to which he has referred was not published. It is a condition of my Department’s recog- nition of the school that the recommendations of both reports are implemented. The School currently enjoys provisional recognition from my Department. The Board of Management of school in question committed to fully implementing the recom- mendations of both the HSE and the subsequent DES report. These recommendations incor- porate the plans and policies referred to by the Deputy. My Department has remained in regular contact with the Principal and the Board of Management of this school. The Board of Management of the school has advised DES that all recommendations have been or are being implemented in full. My Department will continue to closely monitor progress in this regard.

Student Grant Applications 189. Deputy Jim Daly asked the Minister for Education and Skills the appeal process avail-

595 Questions— 15 November 2011. Written Answers

[Deputy Jim Daly.] able to unsuccessful student grant applications; and if he will make a statement on the matter. [34302/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The decision on eligibility for a student grant is a matter for the relevant grant awarding authority in the first instance. Where a grant application is refused, an applicant may appeal this decision to the grant awarding authority’s appeals officer. Where the appeals officer decides to reject the appeal, the applicant may appeal this decision to my Department or the independent Student Grant Appeals Board, as appropriate. In this regard, appeals under the 2011/12 student grant scheme and onwards are appropriate to the Student Grant Appeals Board. Appeals under prior schemes are appro- priate to the Department.

Higher Education Budget 190. Deputy Brendan Smith asked the Minister for Education and Skills the total budget for higher education in 2011; and the total budget for higher education in each of the previous years since 1997. [34321/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The information requested by the Deputy is not readily available but I will arrange to have it forwarded when compiled.

Schools Building Projects 191. Deputy asked the Minister for Education and Skills the position regarding an extension to a school (details supplied) in County Mayo; and the expected time- table to project completion. [34332/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The project for the school to which the Deputy refers was included in the School Building Works Programme for 2011. The Stage 2B submission (i.e. Detailed Design) was submitted recently to my Department and is currently being reviewed. When that review is complete, officials from the Department will be in contact with the Board of Management regarding the further progression of the project.

Question No. 192 answered with Question No. 180.

School Curriculum 193. Deputy Brendan Griffin asked the Minister for Education and Skills if the proposed national strategy to improve literacy and numeracy among children and young persons 2011- 2020 can be implemented under the current and anticipated funding constraints; if the proposed document will be made available to schools free of charge; and if he will make a statement on the matter. [34366/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The National Strategy to Improve Literacy and Numeracy Among Children and Young People contains initiatives and actions across a broad range of areas. The Strategy focuses on achieving better literacy and numeracy outcomes for our children and young people through the best use of the resources at our disposal. Many of the approaches set out in the Strategy have no cost implications. There will be additional costs for teacher education measures (both initial teacher education and teacher upskilling), curricular change and new assessment measures. Costs relating to lengthening of initial teacher education will be met from within the Higher Education Budget. Part of the other costs will be met within existing resources from other areas of continuous professional

596 Questions— 15 November 2011. Written Answers development. Some additional curricular and assessment costs from 2014 will be found within other areas of the Department’s Budget. My Department has issued a summary document on the Literacy and Numeracy Strategy to primary schools and this will also issue to second-level schools shortly. The full version of the strategy is available to download from www.education.ie.

Question No. 194 answered with Question No. 180.

School Staffing 195. Deputy Tom Hayes asked the Minister for Education and Skills the provision of super- vision and substitution in schools for 2010 and to date in 2011; and if he will make a statement on the matter. [34468/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The details of the provision for the Supervision and Substitution scheme for teachers employed in primary, secondary and community/comprehensive schools for the school years 2010/11 and 2011/12 are included in the following table:

Supervision and Substitution scheme Provision for Supervision and 2010/11 school year Substitution scheme 2011/12 school year

Primary €57,808,929 €57,541,815.00 Post Primary €35,691,416 €34,955,840.00

State Examinations 196. Deputy Tom Hayes asked the Minister for Education and Skills the number of special centres used during the recent State examinations; the total cost associated with providing these centres; and if he will make a statement on the matter. [34469/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The State Examinations Com- mission has statutory responsibility for operational matters relating to the certificate examin- ations including organising the holding of examinations, supervising the examinations, making arrangements for the marking of work presented for examination and determining procedure to enable the review and appeal of results of examinations at the request of candidates. In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.

Religious Denominations 197. Deputy Robert Dowds asked the Minister for Education and Skills the number of Prot- estants being educated in Protestant — that is, Church of Ireland, Presbyterian and Methodist — primary schools. [34470/11]

198. Deputy Robert Dowds asked the Minister for Education and Skills the number of Roman Catholics, children from non-Christian religions and those with no religious affiliation being educated in Protestant primary schools. [34471/11]

199. Deputy Robert Dowds asked the Minister for Education and Skills the number of Prot- estants being educated in non-Protestant primary schools. [34472/11] 597 Questions— 15 November 2011. Written Answers

200. Deputy Robert Dowds asked the Minister for Education and Skills the number of the students in public Protestant secondary schools who are Protestant; the number who are Roman Catholic; the number of other religious persuasion; and the number of no religious per- suasion. [34473/11]

201. Deputy Robert Dowds asked the Minister for Education and Skills the number of Prot- estant students receiving their secondary school education in non-Protestant schools. [34475/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I propose to take Questions Nos. 197 to 201, inclusive, together. The religious denomination of individual pupils is not collected by my Department.

Public Service Reform 202. Deputy Tom Hayes asked the Minister for Education and Skills his plans to introduce a paperless system for issuing payslips to teachers; and if he will make a statement on the matter. [34477/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The electronic issue of payslips to school employees and pensioners will be considered by officials in my Department, in the context of Public Service reform and the current budgetary position, with a view to imple- menting a cost effective electronic payslip system by the end of 2014.

Higher Education Grants 203. Deputy asked the Minister for Education and Skills when deciding on the distance involved in the non-adjacent grant for third level students, if the distance of 45 km is solely decided as the shortest distance between the student’s address and the college or is the actual journey travelled by the student as a result of using public transport is taken into account; and if he will make a statement on the matter. [34479/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The decision on eligibility for a student grant is a matter for the applicant’s local grant awarding authority — the relevant local authority or VEC. The guidance given to local authorities and VECs in relation to the appli- cation of the distance criterion for student grants is that the shortest, most direct route to the institution attended is measured. The implementation of this guidance is a matter for individual grant awarding authorities, which will be best positioned to interpret its application in the context of local circumstances. Where an applicant is not satisfied with the decision of the grant awarding authority, he/she may submit an appeal to have the decision reviewed.

204. Deputy Paudie Coffey asked the Minister for Education and Skills if he will review a situation in respect of a person (details supplied) regarding the non-adjacent grant for third level students; and if he will make a statement on the matter. [34480/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The decision on eligibility for a student grant is a matter for the applicant’s local grant awarding authority — the relevant local authority or VEC. The guidance given to local authorities and VECs in relation to the appli- cation of the distance criterion for student grants is that the shortest, most direct route to the institution attended is measured. The implementation of this guidance is a matter for individual grant awarding authorities, which will be best positioned to interpret its application in the context of local circumstances. Where an applicant is not satisfied with the decision of the grant

598 Questions— 15 November 2011. Written Answers awarding authority, he/she may submit an appeal to that body to have the decision reviewed. Where such an appeal is unsuccessful, it is open to the applicant to appeal the decision to my Department or to the Student Grants Appeal Board, as appropriate. No appeal has been received in my Department from the student to date in this case.

School Inspection Reports 205. Deputy Tom Hayes asked the Minister for Education and Skills the total number of inspections carried out in schools under the whole-school evaluation and management leader- ship and learning systems for 2010; the total cost to the Exchequer for these inspections; and if he will make a statement on the matter. [34481/11]

Minister for Education and Skills (Deputy Ruairí Quinn): Whole-School Evaluation Manage- ment, Leadership and Learning (WSE-MLL) is a new model of evaluation in post-primary schools which was trialled in schools during 2009 and 2010. WSE-MLL was formally introduced to the education system in January 2011. The Inspectorate conducted 24 trial WSE-MLL eval- uations in 2010. In 2011 the Inspectorate expects to conduct more than 90 such evaluations of post-primary schools. Since the Inspectorate is part of the Department of Education and Skills, all costs associated with its work are paid from the administrative budget of the Department and costs exclusively associated with whole-school evaluations are not recorded separately from the other inspection or policy development work of the Inspectorate. However, the estimated cost of the 24 trial whole-school evaluations (WSE-MLL) conducted in 2010, calculated on the basis of a per diem proportion of the total annual salary, travel and subsistence costs of the Inspectorate, was €258,000.

Appointments to State Boards 206. Deputy Liam Twomey asked the Minister for Education and Skills the number of posi- tions on State boards and agencies under his aegis which he has advertised in the past seven months; the number of applications received; the number of applicants subsequently appointed; and if he will make a statement on the matter. [34503/11]

Minister for Education and Skills (Deputy Ruairí Quinn): My Department’s officials are currently finalising arrangements to effect the government decision regarding direct Ministerial appointments to State boards and issues regarding the advertising of future vacancies will be addressed in this context. For the Deputy’s information the following appointments have been made to the Boards of the Bodies under the aegis of my Department since my appointment:

— Mr. Eamonn Devoy, Mr. Tony Donohoe, Professor Anne Scott, Ms. Maria Bourke and Ms. Audrey Deane were all appointed to the Board of the National Qualifi- cations Authority of Ireland (NQAI) with effect from end March 2011. While the terms of office for these appointments are for a five year period the NQAI is to be merged with both the Further Education and Training Awards Council (FETAC) and the Higher Education and Training Awards Council (HETAC) to form a new body to be known as the Qualifications and Quality Assurance Authority of Ireland (QQAAI) in the coming months.

— Mr. Mícheál Ó Fiannachta, a Departmental official, was appointed to the Board of Skillnets Ltd with effect from June 2011.

— Dr. Maria Hinfelaar and Mr. Aengus Ó Maoláin were appointed to the Higher Edu- cation and Awards Council (HETAC) in June 2011. As in the case of the NQAI, this body is to be merged into the Qualifications and Quality Assurance Authority of

599 Questions— 15 November 2011. Written Answers

[Deputy Ruairí Quinn.] Ireland in the coming months. It is customary for the Union of Students in Ireland (USI) to have one representative on the board of HETAC. Mr. Ó Maoláin was nominated by the USI.

— Ms. Maureen Costello was appointed to the National Council for Special Education Board in September 2011. Ms. Costello is the Director of the National Educational Psychological Service and her appointment was made because of the close interac- tions between the two agencies concerned.

— Mr. Michael Moriarty was appointed to the FÁS Board in July 2011. The vacancy on the FÁS Board arose in July 2011 following the resignation of Mr. Sean Gallagher. Mr. Moriarty, who is General Secretary of the IVEA, was appointed because of his expertise in the Vocational Education Committees which will be availed of partic- ularly when FÁS is transformed into SOLAS, the new further education and train- ing authority.

— Mr. Gary Redmond was re-appointed to the Higher Education Authority in July 2011. It is customary for the Union of Students in Ireland (USI) to have one represen- tative on the board of the Higher Education Authority. Mr. Redmond was nominated by the USI.

EU Funding 207. Deputy Pearse Doherty asked the Minister for Education and Skills the name of the company which is administering the European Globalisation Fund funded programme for 9,000 workers made redundant in the NACE 41, construction of buildings, NACE 43 specialised construction activities, and NACE 71, architectural services, construction sub-sectors between 1 July 2009 and 31 March 2010; if this contract was tendered for; when it was awarded; the duration of the contract, the total fees being paid to the company for administering the contract and the relationship between the company and the dedicated European Globalisation Fund unit established by the Government; and if he will make a statement on the matter. [34518/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): The consultants WRC Social and Economic Consultants Ltd. (WRC) were contracted by the Department to provide certain administrative and technical support unit services to EGF funded programmes in Ireland under the current EGF Programme 2007-2013. The first phase of this framework contract concerns tasks in relation to the S R Technics EGF programme and was signed on 9 June 2011. The next phase of the contract concerns tasks in relation to the three as yet unapproved EGF applications seeking co-financing assistance for almost 9,000 construction workers made redundant between 1 July 2009 and 31 March 2010. The Depart- ment is currently finalising the precise details of this phase of the framework contract with a view to its signature shortly. It is intended that the duration of this contract element will include the period in relation to the preparation of the Final Report to the European Commission, assuming these applications are approved. As a decision has not yet been made by the EU budgetary authorities, a precise date in time is not available but it is likely that the contract will be for a date in December 2012. The first phase contract was for a total sum of just under Euros 169,000 (VAT inclusive). The second phase contract is being negotiated within the overarching framework contract price of Euros 2.89m (VAT inclusive). Certain elements of the activities contracted for will be eligible for 65% reimbursement from EGF co-financing. My Department will continue in its role as

600 Questions— 15 November 2011. Written Answers the national EGF managing authority. In addition to the services being provided by WRC to the managing authority on relevant EGF programmes, proposals are being developed, including with relevant service providers, for an appropriate interface point or points with the redundant construction sector workers and for the co-ordination of both service provision and data control in terms of the reporting of activity and expenditure progress on all EGF supported measures to the managing authority.

FÁS Training Programmes 208. Deputy Gerry Adams asked the Minister for Education and Skills if he will investigate the situation regarding a craft certificate in respect of a person (details supplied) in County Louth; and if he will make a statement on the matter. [34529/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): I understand from FÁS that the person in question is recorded on the National Apprenticeship Database as a redundant apprentice at Phase 7 of his apprenticeship. I understand that upon completing Phase 6 of his apprenticeship the person obtained employment again with his employer but only for two weeks and that this does not satisfy the requirement for completion of a minimum of 12 weeks at Phase 7. I understand that the person in question has been offered every opportunity by FÁS to complete his apprenticeship. FÁS with the assistance of the “Leonardo da Vinci Mobility” programme has secured 43 places for redundant apprentices to complete Phase 7 of the apprenticeship programme with a company in Germany. There will be an interview process in order to select apprentices for this programme and FÁS has contacted the person about this opportunity. I am advised that the person in question should contact his FÁS Training Adviser by telephone on 042-9355700 or on e-mail at [email protected]. The Training Adviser will be able to advise him on how best to proceed in his particular circumstances.

Ministerial Staff 209. Deputy Mary Lou McDonald asked the Minister for Education and Skills the number of his constituency and parliamentary staff, appointed following the February 2011 elections, on salaries that exceed their applicable pay scale grade; the number of his existing and parliamentary staff employed prior to the February 2011 elections but awarded salary increases following the election that exceed their applicable pay scale grade; and if he will provide their annual salary details in a tabular format. [34568/11]

Minister for Education and Skills (Deputy Ruairí Quinn): Since February 2011 I have appointed the following in accordance with the terms of the Department of Finance Guidelines published on the 24th, March 2011. Neither of these appointments exceed the pay scales applic- able for the positions.

Appointee Title Salary

Ian O’Mara Personal Assistant €47,304 p.a. Neil Ward Personal Secretary €45,004 p.a.

Mr. O’Mara was formerly employed by me as a Parliamentary Assistant at the Houses of the Oireachtas and upon his appointment as Personnel Assistant he was placed on the appropriate point of the applicable pay scale. Mr. Ward was placed on the relevant pay scale for the position of Personal Secretary taking account of his then current salary. 601 Questions— 15 November 2011. Written Answers

Disadvantaged Status 210. Deputy Brian Stanley asked the Minister for Education and Skills if he will ensure that a school (details supplied) in Dublin 12 receives full funding for the year 2012. [34593/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The school to which the Deputy refers is a recognised national school and attracts funding from my Department in the same way as all other recognised national schools. All recognised national schools running costs are met by my Departments scheme of capitation and ancillary grants. Schools will receive capit- ation funding in January and June, and the ancillary services grant in March. In addition, St. Ultan’s School has DEIS Urban Band 1 status and will therefore continue to qualify for a range of additional supports under the action plan for the 2011/2012 school year.

Grant Payments 211. Deputy Finian McGrath asked the Minister for Education and Skills if he will clarify the issue of remote areas boarding grant; the persons who have availed of this grant; and the total amount paid under this grant. [34599/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The purpose of the Remote Area Boarding Grant is to give pupils who are educationally disadvantaged because of their remote- ness from schools an opportunity to attend school on the same basis as other pupils not so disadvantaged. Grants are paid for pupils whose normal place of residence is outside the range of public transport services to a school providing suitable free second-level education. To qual- ify for a boarding grant, an applicant must be:

• normally resident in the State; and

• resident at least 4.8 km from a second-level school where suitable free second-level education is available and more than 3.2 km from a pick-up point on a transport service to such a school; and

• unable to obtain a place in a suitable second-level school within 25 km of his/her normal place of residence.

Pupils resident on off-shore islands that do not have a school providing suitable free second- level education may also qualify for assistance under the scheme. The Remote Area Boarding Grant is paid to the parents of eligible students, except where the school attended is a boarding school, in which case the grant is paid to the school. The total funding provided in the 2010/11 school year was €836,877.

Schools Refurbishment 212. Deputy John McGuinness asked the Minister for Education and Skills if he will confirm the outcome of a health and safety audit carried out by him at a school (details supplied) in County Kilkenny; if he will fund the work required to be carried out arising from this audit; if an application under the essential works programme will be approved; if a grant will be made available for the purchase of tables and chairs for the students; and if he will make a statement on the matter. [34607/11]

Minister for Education and Skills (Deputy Ruairí Quinn): An application under my Depart- ment’s Emergency Works Scheme to upgrade the Fire Alarm and Emergency Lighting Systems has been received from the school referred to by the Deputy following a brief fire safety review carried out by the local authority at the request of the school authority. The purpose of the

602 Questions— 15 November 2011. Written Answers

Emergency Works Scheme is solely for unforeseen emergencies or to provide funding to facili- tate inclusion and access for special needs pupils. As the scope of works for this project is outside the terms of the Emergency Works Scheme it cannot be considered for emergency funding. The school have been informed of the decision. My Department has no record of receiving an application from the school in question for replacement tables and chairs however, in light of the competing demands on the available budget, it is not possible to approve funding to replace furniture in schools at this time.

School Patronage 213. Deputy Billy Timmins asked the Minister for Education and Skills the position regarding the campaign of Church of Ireland and other minority faiths (details supplied); and if he will make a statement on the matter. [34676/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I refer the Deputy to the decision of the previous Government to remove certain funding from Protestant fee-charging schools in the Budget of October 2008. The previous Government also decided at that time make changes to how fee-charging schools should be treated in relation to the number of publicly funded teaching posts they are allowed. Teachers in fee-charging schools are now allocated at a pupil teacher ratio of 20 to 1, which is a point higher than allocations in non fee-charging post-primary schools. The funding was withdrawn with effect from 1 January 2009 due to real concerns about the constitutionality of making grants available to fee-charging schools of one ethos and not to those of another. The Constitution specifically states that the State shall not discriminate against one religion in favour of another. There are 26 distinctively Protestant schools, of which 20 charge fees. Many of the schools have a boarding facility, reflecting the dispersed nature of the communities across the country. The six Protestant schools within the free education scheme receive the same funding as all other schools within the free education system. This Government recognises the importance of ensuring that students from a Protestant or reformed church background can attend a school that reflects their denominational ethos while at the same time ensuring that funding arrangements are in accordance with the provisions of the Constitution. With regard to the fee-charging Protestant schools, an arrangement exists whereby funding is paid to the Secondary Education Committee, an organisation run by the churches involved in managing the schools. The Secondary Education Committee then disburses funds to the Protestant fee-charging schools on behalf of pupils who would otherwise have difficulty with the cost of boarding fees and who, in the absence of such financial support, would be unable to attend a second level school of a reformed church or Protestant ethos. Funding amounts to €6.5 million annually. In addition to this funding, teachers employed within the approved annual staffing allocation granted by my Department in fee-charging schools are paid by the State; an arrangement that pre-dates the introduction of free education arrangements and which has existed since the foundation of the state. The estimated cost of these posts in 2011 is in the order of €100m. I am already on record as saying that this is not a simple matter as these arrangements, which are historic and of long standing, impact upon a substantial number of schools which cater for religious minorities.

603 Questions— 15 November 2011. Written Answers

Capital Projects 214. Deputy Gerald Nash asked the Minister for Education and Skills if he will provide details on the number and value of State capital project contracts awarded to companies regis- tered outside the State in the years 2009, 2010 and 2011 respectively; if he will provide details in respect of the number and value of State capital project contracts awarded to companies registered in the Republic of Ireland in the years 2009, 2010 and 2011 respectively; and if he will make a statement on the matter. [34807/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The information requested by the Deputy is contained in the following tabular statement. Information on the value of contracts awarded in 2011 is deemed commercially sensitive. To release this information now could influence current tender competitions. Therefore in order to answer the Deputy’s question without undermining current tender competitions, the 2011 contract values have been rounded up or down to the nearest half million Euro.

604 Questions— 15 November 2011. Written Answers 4.5m 3m 3m 3m 1m 2.4m 3.1m 1.2m 1.5m € € € € € € € € € was Contract Awarded on 3 schools. 1school new and 2 extension projects Refurbishment New School Single contract for work Rochestown Together, Drogheda City Green LaneBallycarnane, Tramore Refurbishment Cork 20335T Scoil Phadraig Naofa, Primary 2009 Kildare 20271T Scoil na Naomh Uilig, Primary 2011 Galway City 19858V Gaelscoil Dara, GalwayCarlow Primary 2011 18363M SN Muire gan Smal, Extension/ Primary 2010 Keeffe & Co. Offaly 18267Q Croinchoill NS, Birr Extension/ Primary 2011 ’ Business Park,Drynam Road, Swords, Co. Dublin Louth 20294I Aston Village Educate Newbridge (Phase II) Primary 2011 Kill, Co. Kildare Waterford 19629G Holy Cross School, New School Primary 2010 Building Contractorsand Civil Engineers,Unit 50, Briarhill Business Park, Briarhill, Co. Galway, Trentagh, Letterkenny Lacken, Blessington, Co Wicklow Creevy, Ballyshannon Refurbishment Ltd., The Green, Clonaslee, Co Laois ABM Ltd., 2B Feltrim Rickardstown, BAM Building Ltd., Jurisdiction Contractor Details County Roll No. School Project Description Sector Year Amount Ireland Ireland Ireland Atlantic Developments, Wicklow 10111OIreland Lacken National School,Ireland New School Boyle Construction, Donegal Carroll O Primary 2010 17268N SN An Br M Ocleirigh, Extension/ Primary 2009

605 Questions— 15 November 2011. Written Answers

[Deputy Ruairí Quinn.] 2.7m 4m 5.5m 2.4m 1.3m 4m 6.2m 3.1m 2.1m 1.7m 4.8m 7.1m € € € € € € € € € € € € was Contract Awarded n Extension/ Post- 2010 ú id SJ Extension/ Post- 2010 n á ú , Athy New School Primary 2009 nta Cor Na Extension/ Primary 2009 Í ú s NS, Extension/ Primary 2011 ’ isi á iste Iogn á Together NS Thurles Refurbishment primary Road, Dublin 10 Refurbishment Strokestown, CoRoscommon Refurbishment primary Fola, AthloneBothar na Mara Refurbishment Refurbishment primary Avenue, D Laoghaire, Co Dublin Rathdown Laoghaire, Eblana Refurbishment primary Kildare 20192A Scoil Atha Wexford 20214H Gorey Educate New School Primary 2009 Dun Laoghaire 70030E Senior College, D Kildare 17662RDublin City Scoil 20139T Bhride NS, Kill New School Inchicore NS, Sarsfield Extension/ Primary 2010 Primary 2010 Dublin Fingal 00697S St. Brigid Galway CityRoscommon 62970K 65100S Col Scoil Mhuire, Extension/ Post- 2010 Robinhood Road, Clondalkin, Dublin 22 Ltd., Red Cow (Contractors) Ltd.,Templemore, Co. Tipperary Tipperary NR 65470F Ursuline Convent, 15 Extension/ Post- 2011 Construction Ltd.,Arthurstown, New Ross, Co. Wexford Naomh, Lismore Refurbishment Ltd., Office 4, SeanMulvoy Road, Galway. Roscommon 01607T Scoil N Circular Rd. Refurbishment primary CLG Developments Duggan Brothers Castleknock, Dublin Refurbishment Cordil Construction Limerick 64201T Ardscoil Ris, North Extension/ Post- 2009 Jurisdiction Contractor Details County Roll No. School Project Description Sector Year Amount Ireland Business Park, Ireland Ireland Dermot Keating Waterford 20076V Bunscoil Bhothar na Extension/ Primary 2010 Ireland

606 Questions— 15 November 2011. Written Answers 2m 1.2m 0.9m 2.5m € € € € was Contract Awarded s NS, New School Primary 2011 ’ Hacketstown Rathdown Goatstown, Dublin 14 Refurbishment Carlow 17127S St. Joseph Dun Laoghaire 19374W Garran Mhuire, Extension/ Primary 2011 Balbriggan Business Park, Balbriggan, Co. Dublin Patricks St., Keady, Co. Armagh Builders (Monaghan)Ltd., Carrickaderry, Clontibret, Co. Monaghan Corr a Chrainn Refurbishment Ganson Ltd., Unit 19 Ireland Builders, 21-23 St. Wilkinstown Refurbishment Jurisdiction Contractor Details County Roll No. School Project Description Sector Year Amount Ireland Northern Francis HaugheyIreland Meath Francis McGuigan Monaghan 19253K 18028V Scoil Naomh Barra, Extension/ Corr a Chrainn NS, Extension/ Primary 2010 Primary 2010

607 Questions— 15 November 2011. Written Answers

[Deputy Ruairí Quinn.] 4m 1m 6.7m 4m 3.5m 4m € € € € € € was Contract Awarded Single Primary 2010 — school and 3 extension projects extension projects extension projects n, Single contract for work Primary 2011 í s NS, Naul Single contract for work Primary 2011 ’ s National New School Primary 2011 ’ roimhe/ Swords contract for 2 new ó Educate Together on 4 schools. 1 new Road, Balbriggan,Dublin 15 on 4 schools. 1 new school and 3 B Educate Together NS schools Together, Castlelands,Balbriggan (see20252P) on 4 schools. 1 new School, Enfield school and 3 extension projects Castlelands,Balbriggan on 4 schools. 1 new school and 3 Dublin Fingal 20095C/20145O Gaelscoil Bhrian New Schools Dublin Fingal 15315JDublin Fingal 20252P St. George GS Bhaile Brig Dublin Fingal 20161M Donabate\Portrane Single contract for work Primary 2011 Meath 17821L St. Mary Dublin Fingal 20282B Bracken Educate Single contract for work Primary 2011 Ltd., Newry, Co. Down Glasgiven McAvoy JV Ireland Jurisdiction Contractor Details County Roll No. School Project Description Sector Year Amount Northern

608 Questions— 15 November 2011. Written Answers 6.2m 3m 13.5m 1.6m 1.3m 1.6m 1.6m 7.8m 2.7m 2.9m 1.8m 1.5m € € € € € € € € € € € € was Contract Awarded Primary 2011 Primary 2010 new schools New School Primary 2009 Joint Contract for two New School Primary 2009 New School Primary 2009 New SchoolNew SchoolNew School Primary 2010 2010 PrimaryNew School 2010 Primary 2011 s Junior s Senior ’ ’ s College, Post- ’ tha na gCarr, New School Primary 2010 Á l á Littlepace Derg Rd., Raheny Mullingar Cavan, Co. CavanCloc, Straffan School, Navan Be Tullamore Powerscourt, Enniskerry, Co. primary Wicklow RathdownRathdown NS, Templeogue NS, Templeogue Dublin Fingal 20231H St. Benedicts Ongar NS, Carlow 17501Q Bennekerry NS New School Primary 2011 Dun Laoghaire 19474DDun Laoghaire 19472C St. Colmcille St. Colmcille Dublin 18646B Springdale NS, Lough WestmeathKildare 18812P 16345A Loch an Ghair NS, Scoil Bhride, Nurney New School Primary 2009 KildareMeath 17674BOffaly 20180QWicklow SN Aine Naofa, Ard 17637S Scoil Eoin National 09760V SN Sheosaimh Naofa, Powerscourt NS, Cavan 61060M St Patrick Tuam Rd., Galway Glenman Corporation Kilkenny 15160G Marymount N.S., The Extension/ Jurisdiction Contractor Details County Roll No. School Project Description Sector Year Amount Ireland Ltd., Merrion House, Rower, Inistioge Refurbishment

609 Questions— 15 November 2011. Written Answers

[Deputy Ruairí Quinn.] 1.8m 1.7m 1m 7.5m 1.5m 5m 2.8m 4.1m 4.2m 6.7m € € € € € € € € € € was Contract Awarded ir Noafa, New School Primary 2009 é Palmerstown Refurbishment Clonmellon College, Tipperary Refurbishment primary Cathair na Mart, Co. Mayo Mullingar Refurbishment primary Ennis Road School, Balbriggan Refurbishment primary Dublin Belgard 18324C Scoil Bride C, Extension/ Primary 2009 Westmeath 17089N Cluain Maolain NS, New School Primary 2009 Westmeath 63290Q Loreto College, Extension/ Post- 2011 Mayo 20046M Gaelscoil Na Cruaiche, New School Primary 2010 Limerick City 18991S JFK Memorial School, New School PrimaryDublin Fingal 2010 60010P Loreto Secondary Extension/ Post- 2010 Company, WolfeTone House, Fr. Griffin Road, Galway Tipperary NR 72370P Borrisokane Community Extension/ Post- School, Ballinasloe 2011 Refurbishment Coolmine BusinessPark, Blanchardstown,Dublin 15 Kildare 61710C Meanscoil Iognaid Ris, Extension/ Naas Post- 2009 Refurbishment primary J.J. Rhatigan & Galway 19506N Cappataggle Central Extension/ Primary 2011 John G. Burns Limited, Ireland Dromore, Co. Down Laytown Jurisdiction Contractor Details County Roll No. School Project Description Sector Year Amount Ireland Ireland Northern Graham Projects Ltd., Meath 20216L Scoil Oilibh

610 Questions— 15 November 2011. Written Answers 3m 8.5m 0.6m 3m 6.1m 30m € € € € € € was 2011 Contract Awarded primary Schools New School 2011 Joint contract for 3 New l, Extension/ Primary 2011 á s School, Extension/ Post- 2010 ’ Moore Street, New School primary 2010 ’ Letterkenny Refurbishment Sligo primary O Further Educationand Training (MIFET) primary Tullamore, Co Offaly Offaly 65610S Colaiste Choilm,SligoDonegal 65170Q 91409A Summerhill College, Post- Pobalscoil Ghaoth Extension/ Post- Post- 2010 Monaghan 19936P Gaelscoil Ultain Primary Sons (Stranorlar) Ltd,Glebe, Stranorlar, Co. Donegal Donegal 18052S Scoil Letterkenny Mhuire gan Sm Contractors Ltd., 34Castle Road,Dundalk, Co Louth Rathdown Templeogue Road, Refurbishment Terenure, Dublin primary 6W Road, Clondalkin, Dublin 22 Monaghan 76095Q Monaghan Institution of Post- Wilton Works, Naas Joseph McMenamin & Dobhair, Derrybeg, Refurbishment primary John Sisk & Son Ltd., Monaghan 76091I Gaelcolaiste Oiriall Post- Jurisdiction Contractor Details County Roll No. School Project Description Sector Year Amount Ireland Ireland JP Castle Building Dun Laoghaire 60860Q Our Lady Ireland

611 Questions— 15 November 2011. Written Answers

[Deputy Ruairí Quinn.] 4.5m 3.5m 2.6m 5m 1.3m 1.7m 4m 1m 3m 1.8m 2m € € € € € € € € € € € was Contract Awarded Refurbishment primary Refurbishment primary Refurbishment Refurbishment s House New School Primary 2011 ’ s CBS, Tralee Extension/ Post- 2011 ’ osa, Extension/ Primary 2011 Í Special School, Raheny Strokestown Refurbishment primary Tipperary NR 72440K Nenagh VS, Nenagh Extension/ Post- 2011 Dublin 19373U St. Michael Kerry 61440W St. Mary Kildare 18654A Caragh NS, Naas Extension/ Primary 2009 Cork 13450F Rushbrooke NS, Cobh New SchoolMayo Primary 20142I 2011 Kerry Scoil 20196I Ballybunion NS New School Primary 2010 Galway Road, Ennis, Co. Clare Clare 14830U Barefield N.S., Ennis Extension/ Primary 2009 (Builders) Ltd., Ennis Laois 14260F Abbeyleix Sth NS, New School Primary 2010 Ltd., Main Street,Duleek, Co. Meath School Refurbishment primary Ltd., Sansheen House,Wolfe Tone Street, Sligo Roscommon 65100S Scoil Ballyhaunis Mhuire, Extension/ Post- 2011 JSL Group Ltd., 43 Martin Fitzgibbon Kilcawley Construction Abbeyquarter, Refurbishment Jurisdiction Contractor Details County Roll No. School Project Description Sector Year Amount Ireland Lower Salthill, Ireland Industrial Estate, Gort Abbeyleix Ireland Ireland Manley Construction Meath 63870L Drogheda Grammar Extension/ Post- 2011

612 Questions— 15 November 2011. Written Answers 5m 1.1m 1m 5.8m 0.5m 2.4m 1.6m € € € € € € € was Contract Awarded Refurbishment N.S., New School Primary 2009 ’ Cheadaigh, Extension/ Primary 2010 í s NS, Extension/ Primary 2011 ’ Ballivor Bray Refurbishment Donegal 18219F SN Chonaill, Machaire Extension/Wicklow Primary 61800D 2010 Presentation College, New School Post- 2010 Co. Tyrone. BT78 2PX Meath 18016O St. Columbanus (Ireland) Ltd., 4 Naas, Co. Kildare Wicklow 20016D Gaelscoil U Ltd. (Cork) Ltd. Carrigaline Refurbishment McCann BrothersMDY Construction Chlochair, Bun Beag Refurbishment Bray primary Ireland Seskinore, Omagh, School, Granges Road Refurbishment primary Jurisdiction Contractor Details County Roll No. School Project Description Sector Year Amount Northern Tullyvalley Road, Kilkenny 61580P Loreto Secondary Extension/ Post- 2011 Ireland Ltd., Staplestown, IrelandIreland Merrion Construction Kildare MMD Construction Cork 20114D 18279A Scoil Brid, Naas St. Extension/ Mary Primary 2011

613 Questions— 15 November 2011. Written Answers

[Deputy Ruairí Quinn.] 3m 5.5m 2.5m 4.7m 2m 0.7m 1.3m 2m 0.5m € € € € € € € € € was Contract Awarded Joint contract for — s Youth Extension/ Primary 2011 2 schools ’ — de, Extension/ Primary 2011 í Brennan NS, New School Primary 2011 Clontarf / Scoil Eoin Baisde B Sois,Clontarf two schools Enniscorthy Refurbishment primary School (Finn ValleyCollege) Kielduff, Tralee primary School Refurbishment primary Encounter Project Refurbishment one contract ’ Dublin City 17936F/19006Q Scoil Eoin Baisde Snr, Extension/Refurbishment Primary 2011 Wexford 71630K Vocational School, Extension/ Post- 2009 Kerry 20197K Kenmare NS, Kenmare New School Primary 2011 Kerry 17646T O Donegal 71240U Stranorlar Vocational New School Post- 2010 Longford 71690F Ballymahon Vocational Extension/ Post- 2010 Limerick City 19587Q St. Augustine Kells, Co. Meath Engineering Limited, Kells Business Park, Ltd. Dromakeenan Refurbishment Limited, Cortown,Kells, Co Meath Rathdowney Refurbishment Midland Construction & Jurisdiction Contractor Details County Roll No. School Project Description Sector Year Amount Ireland Ireland MidlandIreland Contractors Laois Multeen Developments Offaly 20071L 17523D Scoil Bhr SN Cronain Naofa, Extension/ Primary 2009

614 Questions— 15 November 2011. Written Answers 1.2m 1.5m 1.5m 1.5m 3.2m 1.4m 2m € € € € € € € was Contract Awarded Refurbishment Refurbishment School Meath 17964K SN Mhuire, Rathfeigh Extension/ Primary 2009 Tipperary NR 15696B Silvermines National New School Primary 2011 Wexford Ltd., Longraigue,Foulksmills, Co. Wexford 17017L SN Phadraig, Crossabeg Extension/ Primary 2011 Lissywollen,Cormanagh, Athlone, Co Westmeath Carrickmacross, Co.Monaghan Ltd., Lisdoonvarna,Co. Clare Ltd., Dublin Road, Longford School Estate, Dundalk Castlebar Refurbishment primary Mythen Construction Jurisdiction Contractor Details County Roll No. School Project Description Sector Year Amount Ireland Ireland Ollie Kenny Ltd.,Ireland Limerick P.Ireland Rogers & Co. Ltd., Louth PaddyIreland 13026P Burke Builders Mayo PJ McLoughlin & Sons 19598V Kilfinane National Sligo 76060U New School Muire nanGael NS, Bay Extension/ 19495L Davitt College, Primary 2010 Carbury NS, Primary The PE Mall Hall New School 2009 Post- Primary 2011 2009

615 Questions— 15 November 2011. Written Answers

[Deputy Ruairí Quinn.] 4.5m 1.5m 3m 3.5m 2m 6.3m 2.9m 2.4m 2m € € € € € € € € € was Contract Awarded r ó ir Noafa, New School Primary 2011 é s Parish New School Primary 2010 ’ iste na Maighdine, New School Post- 2011 á PresentationSecondary School, Waterford City primary Ceannanus M Killeshin Drogheda School, Drogheda Drogheda Kilcock, Co. Kildare Refurbishment Loreto College,Crumlin Rd, Dublin 12 Refurbishment Waterford City 64970U Col LouthMeath 20349H 17213L Scoil Oilibh SN Mhuire, Ma Nealta, New School Primary 2011 Laois 17617M Scoil Chomhgain Naofa, New School Primary 2011 Louth 20205G St. Mary Louth 18069M Naomh Seosamh, Mell, New School Primary 2010 Kildare 11976K Scoil Choca Naofa, Extension/ Primary 2010 Dublin City 16964F Scoil Mhuire Ogh 1, Extension/ Primary 2010 Ballybrit, Galway Ltd., Unit 57 Briarhill Business Park, Milltown, Kill, Co.Kildare Together NS Purcell Construction Jurisdiction Contractor Details County Roll No. School Project Description Sector Year Amount Ireland Ireland Roankabin, Old Dublin 20131D Dublin 7 Educate New School Primary 2009

616 Questions— 15 November 2011. Written Answers 5.5m 4.4m 3.3m 2.4m 2m 3m 2.4m 2.8m 11m 8.5m 1.2m 2.7m € € € € € € € € € € € € was Contract Awarded Extension/ projects Fhiach, Maynooth New School Primary 2010 í College primary Together NS Borris in Ossory Feltrim, Swords School, Passage West Corlough Wexford 76127D Gorey Community New School Post- 2011 Louth 20146Q Le Cheile Educate New School Primary 2009 Laois 07442U Convent of Mercy NS, New School Primary 2011 Cork 00512D Midleton Convent NS New School Primary 2009 Cork 16746S Ballygarvan NS New School Primary 2011 Kildare 20058T Sc U Dublin Fingal 19898K Gaelscoil an Duinnigh, New School Primary 2010 Cork 20105C Star of the Sea Primary New School Primary 2010 Cavan 06998Q SN Tulach a Mhile, New School Primary 2010 Kilcock, Co. Kildare Meath 20200T Ratoath Snr NS Refurbishment Primary 2009 Enterprise Centre, Ltd., Unit 2 The Meath 00885T Ratoath Jnr NS Joint Contract for 2 Primary 2009 Construction Ltd.,Centre, Kilcock, Co.Kildare Meath 76103M Colaiste Na hInse, New School College Post- Laytown 2011 primary primary Sammon Contracting Sammon Elliott Dublin Fingal 76104O Donabate Community New School Post- 2010 Jurisdiction Contractor Details County Roll No. School Project Description Sector Year Amount Ireland Ireland Unit 2 The Enterprise

617 Questions— 15 November 2011. Written Answers

[Deputy Ruairí Quinn.] 2m 2.5m 5.5m 4m 4m € € € € € 5.5m was € Contract Awarded school and 3 , Athy (See Primary 2011 s NS, New School Primary 2011 ’ Í s NS, Ratoath Primary 2011 ’ th Á Together, Clonburris schools Athy on 4 schools. 1 new Together College, Balbriggan primary 16705E) Dublin Fingal 20201V Tyrrelstown Educate Primary 2011 South Dublin 20303G Lucan East Educate Joint Contract for 2 new Primary 2011 Kildare 16705EKildare Scoil Phadraig 20192A Naofa, Single contract for work Primary Scoil 2011 MeathDublin Fingal 76129H 20215J Ardgillan Community St. Paul New School Post- 2009 Cork Whitechurch Systems, Coalisland,Co. Tyrone Kildare 06209J Athy Model School extension projects Primary 2011 (See 16705E) Western Building Ireland Jurisdiction Contractor Details County Roll No. School Project Description Sector Year Amount Ireland Walls Construction Ltd. Cork 17667E St. Patrick Northern

618 Questions— 15 November 2011. Written Answers

Schools Building Projects 215. Deputy Dominic Hannigan asked the Minister for Education and Skills the stage at which the plans are for the new schools that have been announced for County Meath; and if he will make a statement on the matter. [34832/11]

Minister for Education and Skills (Deputy Ruairí Quinn): As the Deputy will be aware, in June of this year I announced that 20 new primary schools and 20 new post-primary schools would be established over the next few years. Of these new schools, two are primary schools to be established in County Meath — both in Ashbourne, and two are post-primary schools to be established in County Meath — one in Ashbourne and one in Navan. The first of the new primary schools in Ashbourne opened in September 2011, under the patronage of An Foras Patrúnachta. The second new primary school for Ashbourne is sched- uled to open in September 2012, and will be under the patronage of Educate Together. My Department is looking at site options to provide longer-term accommodation for both of these schools. Applications for patronage of the new second level schools have been sought by my Department from prospective patrons. The closing date for receipt of applications is 13 January 2012. My Department will prepare a report on these applications for the consideration of the New Schools Establishment Group who will submit a report to me for final consideration and decision. My Department is looking at options for providing both start-up and longer-term accommodation for both of these new schools.

Public Service Reform 216. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform his views on correspondence (details supplied) regarding the Civil Service; and if he will make a statement on the matter. [34008/11]

Minister for Public Expenditure and Reform (Deputy ): The Programme for Government includes a comprehensive range of commitments in relation to Public Service Reform. Notwithstanding developments to-date, the cost of delivering public services must be reduced further, with fewer staff and tighter budgets, and the Public Service must become better integrated and more customer-focused, as well as being leaner and more efficient. Implementation of the Public Service reform programme is a key priority for this Govern- ment and a detailed Public Service Reform Plan is being developed by my Department which encompasses the commitments to Public Service Reform in the Programme for Government and priority areas from the existing Transforming Public Services programme. The issues to be addressed in the reform programme will, of course, also be informed by the Comprehensive Review of Expenditure across all Government Departments, the results of which will be pub- lished shortly. This Plan, which is due to be published next Thursday, outlines the priority actions and timelines for reform in a broad range of areas such as business process improvement, eGovern- ment, shared services, procurement, legislative change, etc. and a number of actions in these and other areas are already underway. It also focuses on actions to improve performance by organisations and individuals to ensure greater efficiency, effectiveness and economy. This Plan will ensure a renewed focus on organisational performance through initiatives such as Strategy Statements, performance budgeting and enhanced reporting of performance and progress, the Organisational Review Programme and legislative change to clarify accountability arrangements, to name but some.

619 Questions— 15 November 2011. Written Answers

[Deputy Brendan Howlin.]

There will also be a strong focus on individual performance to improve capacity and capa- bility across the Public Service including a strong focus on leadership skills through the Senior Public Service (SPS). Staff development and performance at all levels across the Public Service will be enhanced, through the implementation and consolidation of performance management systems. The Plan also sets out how implementation should be driven and monitored. The organis- ations and individuals that have responsibility for implementing this Plan will regularly report on progress to the Cabinet Committee on Public Service Reform, which is chaired by the Taoiseach and which I convene. My Department has been given a clear mandate to drive and enable Public Service Reform, and the focus now is on the key reforms required, and how and in what sequence they will be implemented. In this context, a dedicated Public Service Reform and Delivery Office has been established within the Department to facilitate, drive and support the reform programme. The Reform and Delivery Office is being led by a recently appointed Programme Director who is working closely with organisations across the Public Service, to enable them drive the delivery of reform at a local level, as well as lead on cross cutting reform issue s.

Flood Relief 217. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform if emergency funding will be provided to clean out a section of river (details supplied) in County Kerry. [34337/11]

Minister of State at the Department of Public Expenditure and Reform (Deputy Brian Hayes): The Office of Public Works has no maintenance responsibility for the channel in question. It is open to Kerry County Council, as the relevant local authority in this instance, to submit a funding application to this Office under the Minor Flood Mitigation Works Scheme to under- take the required cleaning works. Any application received will be considered having regard to the scheme eligibility criteria and the overall availability of resources for flood risk management.

Departmental Expenditure 218. Deputy Niall Collins asked the Minister for Public Expenditure and Reform if he will supply a detailed cost breakdown for the count centre, and associated count personnel, for the recent Dublin West by-election, including the additional cost incurred due to the recount called by one of the candidates. [34541/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): Returning Officers are required to submit accounts to the Department of Finance within six months of holding an election. The accounts for the recent bye-election have not yet been submitted and an accurate break down of costs will not be available until that time. However, the cost for holding the bye-election was estimated to be in the region of €231,000.

Public Procurement Contracts 219. Deputy Gerald Nash asked the Minister for Public Expenditure and Reform the measures taken by him and the National Procurement Service to facilitate a larger number of indigenous companies in the State in accessing public contracts; if he is satisfied at the success

620 Questions— 15 November 2011. Written Answers rates of Republic of Ireland companies in terms of the securing of State contracts; the way he intends to improve the situation within the framework of EU public procurement directives; and if he will make a statement on the matter. [34662/11]

Minister of State at the Department of Public Expenditure and Reform (Deputy Brian Hayes): The National Procurement Service (NPS) in the Office of Public Works has responsi- bility for initiatives in procurement to achieve efficiencies and value for money for the Irish taxpayer. Since its establishment in 2009, the NPS has made continuous efforts to ensure that Irish Small and Medium Enterprises (SMEs) are able to take full advantage of the public procure- ment opportunities that arise and are available to them. The NPS facilitate seminars for SMEs which cover all the issues relating to competing for public procurement contracts, including

• Public Procurement regulations;

• accessing the market opportunities;

• the tendering process, and general guidance on how companies should approach the preparation of tenders.

A number of seminars were delivered to ISME and to Chambers of Commerce in 2010 and 2011, and workshops were also delivered in 2011 on public procurement opportunities in associ- ation with Enterprise Ireland and Intertrade Ireland. The NPS has also produced a leaflet “Top Tendering Tips for Public Sector Contracts” which is freely available. One significant development in the area of facilitating the SME sector was the publication by the Department of Finance in August 2010 of Circular 10/10. These guidelines to public contracting authorities aim to ensure that tendering processes are carried out in a manner that facilitates participation by SMEs, while ensuring that all procurement is carried out in a manner that is legal, transparent, and secures optimal value for money for the taxpayer. It addresses the concerns that SMEs have regarding access to public procurement opportunities, and highlights practices that are to be avoided where they can hinder small businesses in competing for public contracts. The new arrangements include:

• greater open advertising of opportunities (threshold now €25,000);

• a reduced requirement for paperwork (such as accounts) at the early stages of tendering;

• an instruction that suppliers are not to be charged for access to tender opportunities;

• an assurance that all criteria used would be appropriate and proportionate; and

• an instruction that turnover and insurance levels would be set at proportionate levels.

All of these actions are consistent with the EU-commissioned research, carried out by indepen- dent consultants GHK, on Evaluation of SMEs’ Access to Public Procurement Markets in the EU (September 2010), DG Enterprise and Industry, which notes that SMEs in Ireland secured greater access to public procurement than in other countries. In addition to the work being done by the NPS and the Department of Finance, Enterprise Ireland is running strategic workshops to assist companies, such as Management Development workshops, and Strategic and Change Management programmes. Enterprise Ireland also offers

621 Questions— 15 November 2011. Written Answers

[Deputy Brian Hayes.] assistance with exports, management development, lean manufacturing, research and develop- ment, and overseas offices programmes. NPS policy seeks to encourage participation by SMEs in public sector competitions. SMEs that believe the scope of some competitions is beyond their technical or business capacity are encouraged to explore the possibilities of forming relationships with other SMEs or with larger enterprises. The NPS tender documentation for larger contracts allows and encourages SMEs to come together to bid for these contracts. Larger enterprises are also encouraged to consider the practical ways that SMEs can be included in their proposals to maximise the social and economic benefits of the contracts that result from this tendering exercise. The NPS is responsible for eProcurement and for the operation of the eTenders public procurement portal (www.etenders.gov.ie). On average 5000 tenders for the procurement of goods, services and works are advertised on eTenders every year. Since 2009, the NPS has been responsible for producing annual statistical information in relation to above-EU threshold procurement activity by the Irish public sector and providing these statistics to the European Commission. Current thresholds (valid from January 2010 to December 2011) above which tenders must be advertised in the Official Journal of the Euro- pean Union (OJEU) are as follows:

Works

Contract Notice €4,845,000 Threshold applies to Government Departments and Offices, Local and Regional Authorities and other public bodies.

Supplies and Services

Contract Notice €125,000 Threshold applies to Government Departments and Offices Contract Notice €193,000 Threshold applies to Local and Regional Authorities and public bodies outside the Utilities sector.

Utilities

Works Contracts / Prior Indicative €4,845,000 For entities in Utilities sectors covered by GPA Notice Supplies and Services €387,000 For entities in Utilities sectors covered by GPA

Information on contract placement is available currently for the years 2005-2009 relates to above-EU threshold contracts only and is contained in the tabular statement below. Data in respect of 2010 will not be available until later this year. The Deputy should be aware that the figures contained in the table relates to the number of contracts placed which were above the EU Threshold for the year in question and must not be interpreted as indicative statistics for the overall procurement spend. It must also be borne in mind that these statistics relate only to above threshold procurements, where contract award notices were published, and where the nationality of the winning tenderer was disclosed. For example, when considering the year 2009, €2.8 billion worth of expenditure was adver- tised in the Official Journal, out of the €15 billion public procurement spend in that year. The 622 Questions— 15 November 2011. Written Answers

NPS estimates that less than 5% of the overall spend went to non-domestic suppliers, as a significant proportion of the overall procurement spend is below the EU threshold and is also below the threshold for advertising on eTenders (the eTenders threshold was €50,000 in 2009). It should be noted also that all the statistics relating to non-domestic suppliers relate to suppliers with an address in countries other than Ireland and do not distinguish between Euro- pean and non-European supplier.

Above threshold Contracts Awarded to Irish and Non-Domestic Suppliers 2009-2005

2009

No. of Contracts Value €000

Irish Suppliers 777 2,537,622 Non-Domestic Suppliers 170 347,137

Total 947 2,884,759

2008

No. of Contracts Value €000

Irish Suppliers 1016 4,217,564 Non-Domestic Suppliers 296 568,338

Total 1312 4,785,902

2007

No. of Contracts Value €000

Irish Suppliers Numbers not available 4,786,975 Non-Domestic Suppliers Numbers not available 513,146

Total 5,300,121

2006

No. of Contracts Value €000

Irish Suppliers 800 2,682,751 Non-Domestic Suppliers 151 1,039,696

Total 951 3,722,447

2005

No. of Contracts Value €000

Irish Suppliers 487 1,953,630 Non-Domestic Suppliers 102 458,604

Total 589 2,412,234

623 Questions— 15 November 2011. Written Answers

Legislative Programme 220. Deputy Dominic Hannigan asked the Minister for Public Expenditure and Reform if the Construction Contract Bill will have a limit of contracts worth €200,000 or over when it comes before Dáil Éireann; and if he will make a statement on the matter. [34701/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): It is proposed to address this issue when the Bill comes before the House. There are arguments for and against such a threshold in the Bill which can be debated during its passage.

Pension Provisions 221. Deputy Ciara Conway asked the Minister for Public Expenditure and Reform, further to Parliamentary Question No. 77 of 19 April 2011, regarding the pensions insolvency payment scheme in respect of a company (details supplied) if a decision has been reached on this issue; if not, when may we expect a decision and the reason for the delay; and if he will make a statement on the matter. [34787/11]

232. Deputy Ciara Conway asked the Minister for Public Expenditure and Reform the posi- tion regarding pension payments for workers of a company (details supplied); if a decision has been reached on this issue; if not, when can we expect a decision; the reason for the delay; and if he will make a statement on the matter. [34788/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): I propose to take Questions Nos. 221 and 232 together. The Pensions Insolvency Payment Scheme (PIPS) offers annuities for sale to defined benefit schemes where the scheme is winding-up and where the parent company is insolvent. Appli- cations to participate in PIPS have been received from two Waterford Crystal schemes. In the past week the detailed information relating to Waterford pensioners that is needed for the pricing process under PIPS has been sent by the Waterford schemes to my Department. This information has been forwarded to the NTMA as the agency responsible for arriving at the price for entry to PIPS. The NTMA has been requested to calculate a sum which represents the actuarially assessed cost of providing pension payments to the relevant pensioners (the PIPS ‘price’). The NTMA will now carry out the detailed calculations needed for all the pensioners in each of the two schemes. Once I receive the results of the pricing process from the NTMA I will then forward the PIPS prices to the Waterford trustees for their consideration. Prior to finalising their applications, the Waterford trustees submitted a proposal relating to a number of aspects of their applications to the Department of Finance. That proposal raised technical issues in regard to the pricing of Waterford’s applications; an examination of these matters was carried out by officials of my Department and by the NTMA. Following this examination, I approved the trustee’s proposal and agreement was reached with the trustees on the approach to be adopted in arriving at a price for the two schemes. The time taken to deal with this matter was in part due to the complex nature of the issues involved.

Garda Stations 222. Deputy Denis Naughten asked the Minister for Public Expenditure and Reform, further to Parliamentary Question No. 119 of 5 October 2011, if he will provide an update; and if he will make a statement on the matter. [34146/11]

Minister of State at the Department of Public Expenditure and Reform (Deputy Brian Hayes): The expected finishing date for the new Garda Station at Clonark is now end

624 Questions— 15 November 2011. Written Answers

November 2011. At this stage, the Contractor is engaged in final completion issues at the building and arrangements are being put in place for final handover to An Garda Siochána before the end of the month.

Croke Park Agreement 223. Deputy Dominic Hannigan asked the Minister for Public Expenditure and Reform the number of Croke Park agreement projects that each State agency under his aegis is progressing; if he will list each project by Department in tabular form; the amount to be saved by each project; the number that have been completed since the agreement came into force; and if he will make a statement on the matter. [34162/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): The information is currently being collated and will be provided by the end of this week at the latest.

Departmental Staff 224. Deputy Liam Twomey asked the Minister for Public Expenditure and Reform the number of appointments to principal officer level and above made in the Civil Service in the past seven months; the number of successful candidates who came from outside traditional Civil Service structures; and if he will make a statement on the matter. [34497/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): In the period covered by the question there were 2 appointments at PO1 level to posts in the civil service. These appointments were to fill posts at the grade of Senior HR Manager in the Departments of Finance and Public Expenditure and Reform. One appointee came from the private sector and the other from the wider public sector. In relation to appointments above Principal Officer level, the Top Level Appointments Com- mittee (TLAC) holds competitions for and advises Ministers/ Government as appropriate on appointments to civil service posts at Secretary General, Deputy Secretary and Assistant Sec- retary and equivalent levels. Since early 2007 the policy has been that open competitions are held for Assistant Secretary and Deputy Secretary and equivalent posts and more recently this policy has been extended to Secretary General posts, with the exception of a limited number of Secretary General posts which are filled by the Government without a TLAC competition. In 2011 (to date) three appointments have been made from TLAC competitions; 2 from the private sector and the other from the wider public sector.

Appointments to State Boards 225. Deputy Liam Twomey asked the Minister for Public Expenditure and Reform the number of positions on State boards and agencies under his aegis which he has advertised in the past seven months; the number of applications received; the number of applicants subsequently appointed; and if he will make a statement on the matter. [34510/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): In response to the Deputy’s question 9 appointments were made to the Public Appointments Service Board on 1 September 2011. Under the terms of the The Public Service Management (Recruitment and Appointments) Act, 2004 states that the Minister for Public Expenditure and Reform (in consultation with Minister for the Environment, Community and Local Government, the Minister for Health and the Minister for Justice, Equality and Defence) should appoint members of the Board of the Public Appointments Service.

625 Questions— 15 November 2011. Written Answers

[Deputy Brendan Howlin.]

The majority of the board are civil or public servants, nominated by the relevant Minister. There is also a union representative nominated by ICTU. I reappointed the outgoing Chairman. The two external members were appointed by the Minister because of their expertise in stra- tegic change and public service recruitment respectively. The Current members of the Public Appointments Service Board are contained in the follow- ing table. Name of board member Mr. Eddie Sullivan, Chairman Mr. Des Dowling, Assistant Secretary — Department of the Environment, Community and Local Government Dr Deirdre O’Keeffe, Assistant Secretary — Department of Justice and Equality Ms. Patricia Coleman, Director — Department of Public Expenditure and Reform Mr. Seán McGrath — National Director of HR in the HSE Ms Judith Eve — former Chairperson the Civil Service Commissioners, Northern Ireland Dr. Eddie Molloy — Management Consultant Mr. Dan Murphy, former General Secretary of the PSEU Mr. Bryan Andrews as CEO of the PAS holding office on an ex officio basis.

Ministerial Staff 226. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform the number of his constituency and parliamentary staff appointed, following the February 2011 elections, on salaries that exceed their applicable pay scale grade; the number of his existing and parliamentary staff employed prior to the February 2011 elections but awarded salary increases following the election that exceed their applicable pay scale grade; and if he will provide their annual salary details in a tabular format. [34575/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): Since my appoint- ment as Minister for Public Expenditure and Reform on 9 March 2011, the following staffhave been appointed to my constituency office:

Grade Salary Scale (per annum) Wholetime Equivalent

Personal Secretary €23,820 — €47,755 1.00 Personal Assistant €43,715 — €56,060 0.80 Clerical Officer (CO) €23,177 — €37,341 0.60 Clerical Officer (CO) €23,042 — €36,267 1.00

Since my appointment as Minister for Public Expenditure and Reform on 9 March 2011 the following staff members have been appointed as Special Advisers:

Name Title Salary (per Duties annum)

Anne Byrne Special Adviser €83,337 Any duties which may be assigned to her from time to time as appropriate to the position of Special Adviser as set out in Section 11 of the Public Service Management Act 1997.

626 Questions— 15 November 2011. Written Answers

Name Title Salary (per Duties annum)

Ronan O’Brien Special Adviser €114,000 Any duties which may be assigned to him from time to time as appropriate to the position of Special Adviser as set out in Section 11 of the Public Service Management Act 1997.

No staff member has been awarded any salary increase that exceeds their applicable pay scale grade since my appointment.

National Monuments 227. Deputy John McGuinness asked the Minister for Public Expenditure and Reform if he is satisfied that all of the monuments located on the site known as St Mary’s Church, Thomastown, County Kilkenny, continue to be fully protected and available for viewing to the general public; if public access through the two gates to the site will continue to be maintained and operated in the interest of the public; if his views were sought on recent developments and planning permission relative to this site; if his officials oversaw recent works at the graveyard on this site; if his Department will fund the maintenance of the graveyard and listed monu- ments; and if he will make a statement on the matter. [34613/11]

Minister of State at the Department of Public Expenditure and Reform (Deputy Brian Hayes): The site of St. Mary’s Church, Thomastown consists of the ruins of a thirteenth century church and a 19th century former Church of Ireland church, currently used as a private dwell- ing. The 19th century church is located within the boundary of the 13th century church. Both churches are situated within a walled graveyard. The 13th century church is a National Monu- ment in State ownership and is under the care of the Office of Public Works (OPW). The 19th century church building and graveyard are in private ownership. OPW understands that there is no public right of way to the graveyard or to either church. OPW has access to the 13th century church for the purpose of carrying out maintenance and repair work. The graveyard, which is in private ownership, is not part of the National Monument in State care. Recent works at the graveyard were not overseen by OPW. The owner of the 19th century Church and graveyard carried out extensive renovations in 2003-4, on foot of a planning permission granted by Kilkenny County Council. As part of the application process, the National Monuments Service of the Department of the Environment, Heritage and Local Government was consulted as was the National Monuments Section of OPW. The conservation and maintenance of the 13th century St Mary’s Church, a National Monu- ment in State care, will continue to be the responsibility of the Office of Public works.

Pension Provisions 228. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform the former Ministers currently in receipt of ministerial and TD pensions; the names of the recipients; and their gross annual pension excluding the public service pension reduction in tabular form which includes a breakdown of the TD pension, ministerial pension and the total of both for each retired Member. [34643/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): The data in respect of Ministerial and TDs’ pensions requested by the Deputy are in the following tabular state- ment. The figures were provided by the Office of Paymaster General in respect of Ministerial pensions and by the Houses of the Oireachtas Service in respect of TD pensions. 627 Questions— 15 November 2011. Written Answers

[Deputy Brendan Howlin.]

The information takes account of the latest figures in respect of the Public Service Pension Reduction.

Surname Forename Annual Amount of Annual Amount of Annual Amount of TD’s Pension less Ministerial Pension Ministerial and TD Public Service less Public Service Pension less Public Pension Reduction Pension Reduction Service Pension Levy

Ahern Noel €47,718 €22,516 €70,234 Ahern Michael €53,136 €23,309 €76,445 Ahern Dermot €50,722 €69,243 €119,965 Ahern Bertie €49,935 €101,127 €151,062 Allen Lorcan €52,359 €11,684 €64,043 Allen Bernard €52,206 €12,310 €64,516 Andrews David €49,935 €58,495 €108,430 Aylward * Liam €49,935 €0 €49,935 Barry Richard €65,768 €9,842 €75,610 Barry Peter €65,768 €60,713 €126,481 Begley Michael €49,935 €19,518 €69,453 Bhreathnach Niamh €11,610 €35,566 €47,176 Birmingham George €20,157 €17,733 €37,890 Brady Vincent €38,914 €20,717 €59,631 Bruton John €50,282 €91,567 €141,849 Burke Richard €20,157 €33,178 €53,335 Burke Ray €49,935 €53,904 €103,839 Byrne Hugh €49,935 €18,456 €68,391 Calleary Sean €49,337 €23,505 €72,842 Callely Ivor €0 €14,754 €14,754 Carey Donal €53,976 €12,047 €66,023 Cassidy Donie €0 €11,506 €11,506 Collins Edward €45,085 €18,328 €63,413 Collins Gerard €49,935 €52,630 €102,565 Connaughton Paul €49,935 €17,733 €67,668 Connolly Gerard €49,935 €24,800 €74,735 Cooney Patrick €49,935 €52,630 €102,565 Cosgrave Liam T €36,282 €18,768 €55,050 Cosgrave * Liam (snr) €65,768 €67,258 €133,026 Cowen Brian €49,935 €101,127 €151,062 Creed Donal €49,935 €15,996 €65,931 Cullen Martin €49,935 €69,243 €119,178 Currie Austin €47,070 €12,313 €59,383 Daly Brendan €51,975 €43,540 €95,515 D’Arcy Michael €51,982 €15,996 €67,978 Davern Noel €53,931 €20,221 €74,152 De Valera Síle €49,935 €53,713 €103,648 Deasy Austin €51,975 €35,924 €87,899 Dempsey Noel €49,935 €69,243 €119,178 Desmond Barry €49,935 €36,489 €86,424 Donnellan John €31,749 €9,050 €40,799 Doyle Avril €45,346 €14,789 €60,135

628 Questions— 15 November 2011. Written Answers

Surname Forename Annual Amount of Annual Amount of Annual Amount of TD’s Pension less Ministerial Pension Ministerial and TD Public Service less Public Service Pension less Public Pension Reduction Pension Reduction Service Pension Levy

Dukes Alan €51,507 €42,961 €94,468 Fahey Jackie €49,935 €18,077 €68,012 Fahey Frank €51,411 €61,542 €112,953 Faulkner Padraig €49,935 €52,630 €102,565 Fitzpatrick Tom €45,085 €10,992 €56,077 Flood Chris €38,429 €17,364 €55,793 Flynn Padraig €39,186 €47,943 €87,129 Gallagher Pat ‘The Cope’ €50,806 €19,756 €70,562 Harney Mary €49,935 €79,871 €129,806 Higgins Jim €51,390 €5,973 €57,363 Higgins Michael D €50,178 €37,750 €87,928 Honan Tras €27,700 €23,050 €50,750 Hussey Thomas €44,108 €17,108 €61,216 Hussey Gemma €30,537 €35,521 €66,058 Hyland Liam €49,490 €11,837 €61,327 Jacob Joe €49,935 €29,191 €79,126 Kavanagh Liam €53,467 €38,069 €91,536 Kiely Rory €35,387 €16,937 €52,324 Kitt Tom €50,643 €31,224 €81,867 Lalor Paddy €49,935 €51,219 €101,154 Lyons Denis €29,241 €19,503 €48,744 MacSharry Ray €49,935 €39,002 €88,937 McCarthy Sean €26,760 €11,844 €38,604 McCreevy Charlie €49,935 €69,243 €119,178 McDaid Jim €49,935 €47,472 €97,407 McDonald Charles €46,690 €11,811 €58,501 McDowell * Michael €30,245 €74,281 €104,526 McManus Liz €0 €12,310 €12,310 Moffatt Tom €23,737 €18,456 €42,193 Molloy Robert €49,935 €63,742 €113,677 Mullooly Brian €35,387 €21,916 €57,303 Nealon Ted €40,229 €19,507 €59,736 Noonan Michael J €49,935 €30,750 €80,685 O’Brien Fergus €47,484 €19,507 €66,991 O’Connell Dr John €49,935 €26,375 €76,310 O’Donnell Liz €40,105 €18,799 €58,904 O’Donnell Tom €49,935 €35,862 €85,797 O’Donoghue Martin €21,372 €29,958 €51,330 O’Donoghue John €49,935 €69,243 €119,178 O’Hanlon Rory €49,935 €67,043 €116,978 O’Keeffe Edward (Ned) €50,389 €15,127 €65,516 O’Keeffe Jim €51,289 €19,508 €70,797 O’Kennedy Michael €53,946 €68,858 €122,804 O’Malley Tim €12,544 €18,649 €31,193 O’Malley Desmond €54,092 €52,630 €106,722 O’Rourke Mary €50,938 €67,043 €117,981

629 Questions— 15 November 2011. Written Answers

[Deputy Brendan Howlin.] Surname Forename Annual Amount of Annual Amount of Annual Amount of TD’s Pension less Ministerial Pension Ministerial and TD Public Service less Public Service Pension less Public Pension Reduction Pension Reduction Service Pension Levy

O’Shea Brian €49,935 €17,036 €66,971 O’Sullivan Toddy €41,712 €14,713 €56,425 O’Toole Paddy €35,386 €38,683 €74,069 Owen Nora €46,587 €27,239 €73,826 Parlon Tom €12,544 €18,649 €31,193 Pattison Seamus €53,467 €63,738 €117,205 Power Sean €27,899 €8,565 €36,464 Power Patrick €49,935 €26,034 €75,969 Reynolds Albert €49,935 €99,805 €149,740 Ryan Eoin €47,885 €5,929 €53,814 Ryan John €49,935 €17,400 €67,335 Ryan Richie €57,170 €35,863 €93,033 Smith Michael €49,935 €69,243 €119,178 Spring Dick €49,935 €71,173 €121,108 Taylor Mervyn €40,229 €37,750 €77,979 Treacy Noel €51,393 €32,216 €83,609 Treacy Sean €49,935 €69,243 €119,178 Wallace Dan €52,283 €20,809 €73,092 Wallace Mary €51,010 €26,437 €77,447 Walsh Joe €49,935 €69,243 €119,178 Woods Michael €53,453 €69,243 €122,696 Yates Ivan €47,607 €27,230 €74,837 Dr. and Ms Marian Harkin are gifting their TD pensions. Ms Eithne Fitzgerald, Ms Maire Geoghegan Quinn, Mr Gay Mitchell and Mr Proinnsias de Rossa are gifting their TD & Ministerial pensions. *Mr Liam Aylward is gifting his Ministerial pension for 2011 *Mr. Liam Cosgrave (Snr) is gifting part of his Ministerial pension for 2011. * Mr. McDowell’s pension of €74,281 is in respect of his service as a Minister, Tánaiste and Attorney General.

Departmental Allowances 229. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform the cost of delegate allowances, ex-gratia payments, and out of hours allowances paid to civil servants in 2010. [34653/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): As legislation was only enacted in July 2011 to create my Department, no allowances were paid for my Depart- ment in 2010. However, prior to the split of the Department of Finance in July, 2011 to create the Department of Public Expenditure and Reform, allowances were paid as follows by the Department of Finance in respect of its staff in 2010:

Delegates Allowance €47,427.91 On Call Payments €19,202.98 Ex Gratia €1,500.00

630 Questions— 15 November 2011. Written Answers

Pension Provisions 230. Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform, further to Parliamentary Question No. 189 of 18 October 2011, if he will supply the data as requested. [34679/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): The data will be supplied to the Deputy by the end of this week. The delay is regretted.

231. Deputy Gerry Adams asked the Minister for Public Expenditure and Reform in respect of the former holders of the Office of Attorney General currently in receipt of pensions, the names of the recipients; the amount of money they receive from the pensions on an annual basis; if these persons receive additional pensions for their roles as TDs, Senators or Ministers; and the total pension they receive. [34751/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): The data in respect of Attorney General, Ministerial and TDs’ pensions requested by the Deputy are in the follow- ing tabular statement. The figures were provided by the Office of Paymaster General in respect of Attorney General and Ministerial pensions and from the Houses of the Oireachtas Service in respect of TD pensions.

Forename And Annual Amount of Annual Amount of Annual Amount of Total Surname AG’s Pension less Ministerial Pension TD’s/Senator’s Public Service less Public Service Pension less Public Pension Reduction Pension Reduction Service Pension Reduction

Anthony Hederman €60,611 €0.00 €0.00 €60,611 John Murray €67,686 €0.00 €0.00 €67,686 €54,025 €0.00 €0.00 €54,025 €43,061 €0.00 €0.00 €43,061 €47,918 €0.00 €0.00 €47,918 John Rogers €44,905 €0.00 €0.00 €44,905 Peter D Sutherland €49,500 €0.00 €0.00 €49,500 Michael McDowell* — €74,281 €30,245 €104,526 (See Note Below) * The Pension of €74,281 is in respect of his service as a Minister, Tánaiste and the Attorney General.

Question No. 232 answered with Question No. 221.

Capital Projects 233. Deputy Gerald Nash asked the Minister for Public Expenditure and Reform if he will provide details on the number and value of State capital project contracts awarded to compan- ies registered outside the State in the years 2009, 2010 and 2011 respectively; if he will provide details in respect of the number and value of State capital project contracts awarded to compan- ies registered in the Republic of Ireland in the years 2009, 2010 and 2011 respectively; and if he will make a statement on the matter. [34814/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): The Deputy has confirmed that the information sought is in relation to State capital construction projects. My Department did not award any such contracts during the period in question. 631 Questions— 15 November 2011. Written Answers

[Deputy Brendan Howlin.]

During 2011 my Department co-funded PEACE and Interreg Programmes which cover the Border counties of Ireland and Northern Ireland. These Programmes are administered by the Special EU Programmes Body (SEUPB), a north-south body established under the Good Friday Agreement. PEACE and INTERREG projects are proposed and implemented by Lead Partners who apply to the SEUPB for funding for particular projects. Any contracts for capital works are awarded by the Lead Partners and are not considered as State capital construction project contracts.

Research Funding 234. Deputy Brendan Smith asked the Minister for Jobs, Enterprise and Innovation the total amount invested in the programme for research in third level institutions PRTLI since it was first initiated. [34322/11]

Minister of State at the Department of Jobs, Enterprise and Innovation (Deputy Sean Sherlock): The Programme for Research in Third-Level Institutions (PRTLI) was launched in 1998 and provides funding for third level research infrastructure, national shared facilities, and structured PhD programmes. The Programme is designed to facilitate Irish institutions to produce world-class research in science, technology, humanities and the social sciences, includ- ing business and law. To date, there have been five cycles of awards under the PRTLI. Funding of the PRTLI is provided via contributions from the Exchequer, private sector partners, philanthropic donations and the European Regional Development Fund. The following table sets out the total invest- ment from all sources in approved projects up to 31 October 2011.

PRTLI Cycle Capital Investment (€m) Recurrent Expenditure Total (€m) (€m)

1 177.5 28.6 206.1 2 48.8 29.7 78.5 3 178.0 142.4 320.4 4 117.9* 117.6 235.5 5 30.1** 7.8** 37.9**

Total (€m) 552.3 326.1 878.4 *To June 2011 **Exchequer only — private funding figures not yet available

PRTLI Cycle 5 was launched in July 2010 with capital and recurrent expenditure awards amounting to €347.6m, comprising public as well as private contributions, in support of over 30 distinct projects.

Departmental Bodies 235. Deputy Brendan Smith asked the Minister for Jobs, Enterprise and Innovation the total budget for Science Foundation Ireland in 2011; and the total budget in each year since it was established in 2000. [34323/11]

Minister of State at the Department of Jobs, Enterprise and Innovation (Deputy Sean Sherlock): The total SFI expenditure over the period 2000-2010 and allocation for 2011 is shown in the table below. 632 Questions— 15 November 2011. Written Answers

Year Capital/ Research Current Administrative costs Total grants expenditure/Pay of running grant (€m) (€m) (€ m) programmes (€m)

2000 0 0 0.40 0.40 2001 8.76 0.43 1.69 10.88 2002 31.00 0.90 3.10 35.00 2003 65.00 1.00 3.42 69.42 2004 108.59 1.32 3.82 113.73 2005 118.20 2.74 4.62 125.56 2006 139.86 3.21 4.49 147.56 2007 155.72 3.56 4.77 164.05 2008 158.81 4.37 5.01 168.19 2009 171.17 4.67 4.54 180.38 2010 150.00 4.32 3.92 158.24 2011 allocation 160.80 4.66 4.66 + €5.00 e- 175.12 Journals* *The eJournals allocation had been transferred from the Vote of the Department of Education and Skills following the transfer of certain functions from that Department to the Department of Jobs, Enterprise and Innovation. This €5 million is not an additional cost to the Exchequer in 2011.

Small and Medium Enterprises 236. Deputy Dominic Hannigan asked the Minister for Jobs, Enterprise and Innovation the plans he has to support small and medium enterprises; and if he will make a statement on the matter. [34834/11]

Minister for Jobs, Enterprise and Innovation (Deputy ): The Government is fully committed to addressing the issues of particular concern to SMEs. Already some important issues have been tackled under the Jobs Initiative. These include initiatives such as:

• The design of a Temporary, Partial Credit Guarantee Scheme. A targeted Scheme will be in place over the coming months and will operate for one year;

• An initiative on a Microfinance Fund;

• The extension of the 15-day prompt payment arrangements across the wider public sector in Ireland for invoices received after 1 July 2011.

Access to Finance is obviously a key issue for the small business sector which is heavily depen- dent on the banking system. The initiatives taken by the Minister for Finance to restructure and re-capitalise the banking system is the principal response to making credit available. A range of measures has been announced to reorganise, recapitalise and deleverage the domestic financial system in order to restore the banks to health and continue to provide a secure banking system for deposits. These measures create capacity for the pillar banks to lend in excess of €30 billion over the next three years in SME and other important sectors. Government has imposed lending targets on the two domestic pillar banks for the three calendar years, 2011 to 2013. Both banks will be required to sanction lending of at least €3 billion this year, €3.5 billion next year and €4 billion in 2013 for new or increased credit facilities to SMEs. The design phase of a Temporary Partial Credit Guarantee Scheme is nearing completion and I will bring formal proposals to Cabinet shortly. 633 Questions— 15 November 2011. Written Answers

[Deputy Richard Bruton.]

In line with the commitment in the Programme for Government, a Microfinance Loan Fund to provide loans to micro enterprises is being developed. The Fund, including scheme design and appropriate delivery mechanisms, is being developed with a view to formalising proposals before the end of the year. The Prompt Payments initiative plays an important role in redressing the cash flow diffi- culties experienced by small businesses. It is important that Government makes timely payment to all the businesses around the country who supply goods and services to the public sector. In accordance with the Government’s Decision of 19 May 2009, all central Government Depart- ments are now required to pay their business suppliers within 15 days of receipt of a valid invoice. In addition, the Government now requires the Health Service Executive, the local authorities and all other public sector bodies, excluding commercial semi-State bodies, to pay their suppliers within 15 days of receipt of a valid invoice. The Small Business Advisory Group was established on 16 June 2011 and is chaired by my colleague Mr. John Perry, Minister of State for Small Business. Its objective is to facilitate structured and regular dialogue with representatives of the small business sector on issues of concern. It is intended to present a report on priority issues to the Cabinet Committee on Economic Renewal later this month. The High Level Group on Business Regulation, also chaired by Minister Perry, was set up to provide a fast-track mechanism for business to com- municate specific red tape issues to Government and follow through on their implementation. The Group works to identify the administrative burdens placed on businesses, particularly SMEs, arising from regulation and to determine ways to reduce and simplify these or eliminate them where they are unnecessary. The Group has already processed a range of red tape issues and continues to seek practical solutions to further concerns. In addition to this work, the High Level Group was involved in validating the administrative burdens identified with my Department in 2009 and 2010 as part of the target to reduce administrative burdens by 25% by 2012. The Enterprise Development agencies also have a very significant role to play in providing support to SMEs and Enterprise Ireland provides supports to companies in areas such as:

• Driving sustained R&D and innovative activities direct support for in-company R&D and collaboration;

• Supports to drive sales and marketing capabilities of companies;

• Building Leadership and Management Capabilities;

• Embedding Competitiveness Improvements through a tailored programme of Lean Initiatives;

• Financial supports, including grant aid to support business development activities in established companies.

Furthermore, the County and City Enterprise Boards (CEBs) promote and develop indigenous micro-enterprise potential and stimulate economic activity and entrepreneurship across the country. The CEBs deliver a series of programmes to underpin this role and provide both financial (grants) and non-financial (advice, training and mentoring “soft supports”) assistance to project promoters who have the capacity to achieve commercial viability. I am confident that the focus that this Government has brought to bear on the particular areas of concern for SMEs, will yield real benefit to individual enterprises and the economy as a whole in the short to medium term.

634 Questions— 15 November 2011. Written Answers

County Enterprise Boards 237. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation if he will respond to a matter (details supplied) regarding the provision of funding; and if he will make a statement on the matter. [34077/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): My Department does not provide direct funding or grants to businesses but provides funding to a number of State Agencies, including the County and City Enterprise Boards (CEBs), through whom assist- ance is delivered directly to businesses. The CEBs unique role positions them as a first point of contact for persons wishing to set up in business. The role of Dublin City Enterprise Board, as one of a network of County and City Enterprise Boards throughout the country, is to provide a source of support for micro-enterprise (less than 10 employees) 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. Business growth, job creation and retention are central to the activities of the CEBs. Subject to certain eligibility criteria new and developing micro-enterprises may qualify for financial support from the CEBs in the form of priming, expansion/development and feasibility/innovation grants. The CEBs give priority to enterprises in the manufacturing or internationally traded services sector and must always give consideration to any potential for deadweight and displacement arising from a proposed enterprise. In addition, the CEBs deliver non-financial supports such as one-to-one mentoring and a range of business advice and train- ing programmes to improve management capability development within micro-enterprises designed to help new and existing enterprises to operate effectively and efficiently so as to last and grow, which may be available as appropriate to the needs of the promoter’s business. The promoter may therefore wish to contact their most appropriate CEB; the Dublin City Enterprise Board, in the first instance, to discuss what options may be available to them and their proposed business venture. The Board is located on the 5th Floor, O’Connell Bridge House, D’Olier Street, Dublin 2, Phone: 01 6351144 Email: [email protected]

Croke Park Agreement 238. Deputy Dominic Hannigan asked the Minister for Jobs, Enterprise and Innovation the number of Croke Park Agreement projects that each State agency under his aegis is pro- gressing; if he will list each project by Department in tabular form; the amount to be saved by each project; the number that have been completed since the agreement came into force; and if he will make a statement on the matter. [34160/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): Under the Public Service Agreement 2010-2014, my Department, its Offices and the Agencies that come within my Department’s remit were required to prepare Implementation Plans, and two subsequent Progress Reports, for consideration by the National Implementation Body, which is responsible for overseeing, driving and verifying progress on the implementation of the Public Service Agreement. My Department currently has 13 State Agencies supporting us in our work. These are:

1. Enterprise Ireland (www.enterprise-ireland.com)

2. IDA Ireland (www.idaireland.com)

3. Science Foundation Ireland (www.sfi.ie)

635 Questions— 15 November 2011. Written Answers

[Deputy Richard Bruton.]

4. Shannon Development (www.shannondevelopment.ie)

5. County & City Enterprise Boards (35) (www.enterpriseboards.ie)

6. National Standards Authority of Ireland (www.nsai.ie)

7. InterTradeIreland (the North / South Business Development Body) (www.intertradeireland.com)

8. Forfás(www.forfas.ie)

9. National Consumer Agency (www.nca.ie)

10. The Competition Authority (www.tca.ie)

11. Irish Auditing and Accounting Standards Authority (www.iaasa.ie)

12. Personal Injuries Assessment Board (www.injuriesboard.ie), and

13. The Health & Safety Authority (www.hsa.ie)

To date, each of these Agencies, with the exception of InterTradeIreland which is exempted from the process, has submitted a detailed Plan for implementing the Agreement as well as two Progress Reports. Copies of the Implementation Plans and the first Progress Reports that cover the period to March 2011, and which were approved by the National Implementation Body, are available on the respective Agency websites. The most recent Progress Reports covering the period from April to September 2011 have been forwarded to the Department of Public Expenditure and Reform for consideration by the Implementation Body. Once this process is completed, I will arrange for each Agency to place their Report on their website. Many of the actions in the Plans are designed to deliver long-term sustainable savings. The precise amount of savings which will accrue these initiatives has not yet been quantified as it is dependent on, inter alia, central measures that the Government will adopt in relation to, for example, agency rationalisation & shared services. However, the Progress Reports indicate that the most significant savings are through the reduction in numbers and consequent savings on pay.

National Minimum Wage 239. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation the correct hourly rate of payment in the case of a person (details supplied) in Dublin 15 who works one hour per day, seven days a week; and if he will make a statement on the matter. [34185/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): The National Mini- mum Wage Act, 2000, which became law on 1st April, 2000, applies to all employees, except close relatives of the employer and certain apprentices. The national minimum hourly rate for an experienced adult worker was increased to €8.65 per hour with effect from 1 July 2011. Sub-minimum rates of between 70% and 90% of the National Minimum Wage apply where an employee is:

• Under age 18 or

• In the first two years after the date of first employment over age 18.

636 Questions— 15 November 2011. Written Answers

In certain sectors, such as Construction and Electrical Contracting, Registered Employment Agreements provide for statutory minimum rates of pay that are higher than the National Minimum Wage. Notwithstanding the minimum rates established by legislation, more beneficial rates of pay can be agreed by negotiation between employers and employees, or their representatives. Further information is available on the National Employment Rights Authority (NERA) website at www.employmentrights.ie, or by calling Lo call 1890 80 80 90.

Departmental Bodies 240. Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation if he is considering any new legislation or other measures to strengthen the powers of the Compe- tition Authority; and if he will make a statement on the matter. [34264/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): Both the merger of the Competition Authority and the National Consumer Agency and proposals arising from a review of the operation and implementation of the Competition Act 2002 will have an impact on the Competition Authority in terms of its functions and powers. In July 2011 Government approved the drafting of the Consumer and Competition Bill which I expect to see published during the first half of 2012. This Bill will merge the two agencies and provide for the powers and functions of the new Consumer and Competition Authority. In advance of this proposed legislation, the Competition (Amendment) Bill 2011 has been introduced which will strengthen competition law enforcement. This Bill passed Second Stage in Dáil Éireann last week.

Work Permits 241. Deputy Joe Costello asked the Minister for Jobs, Enterprise and Innovation the number of applications for work permits received in each of the past ten years; and if he will make a statement on the matter. [34315/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): I set out hereunder the numbers of applications for employment permits in respect of Bulgarian and Romanian nationals in each of the past ten years and to-date in 2011.

Applications received in respect of Bulgarian and Romanian nationals 2001 — 2011

Year Nationality New Renewal Total Issued Total Refused

2011 Bulgaria 24 3 27 6 Romania 275 8 283 103 2010 Bulgaria 74 1 75 8 Romania 814 9 823 119 2009 Bulgaria 23 1 24 2 Romania 191 1 192 15 2008 Bulgaria 23 0 23 23 Romania 122 6 128 67

637 Questions— 15 November 2011. Written Answers

[Deputy Richard Bruton.] Year Nationality New Renewal Total Issued Total Refused

2007 Bulgaria 32 5 37 15 Romania 94 25 119 55 2006 Bulgaria 46 391 437 5 Romania 180 1314 1494 29 2005 Bulgaria 56 514 570 64 Romania 259 1588 1847 146 2004 Bulgaria 108 617 725 26 Romania 192 1931 2123 118 2003 Bulgaria 413 456 869 28 Romania 887 1642 2529 197 2002 Bulgaria 516 239 755 35 Romania 1522 931 2453 84 2001 Bulgaria 442 75 517 14 Romania 1571 202 1773 70

Appointments to State Boards 242. Deputy Liam Twomey asked the Minister for Jobs, Enterprise and Innovation the number of positions on State boards and agencies under his aegis which he has advertised in the past seven months; the number of applications received; the number of applicants subsequently appointed; and if he will make a statement on the matter. [34508/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): In June 2011, I sought expressions of interest from suitably qualified and experienced persons for appointment to several Boards under the aegis of my Department. In total seven vacancies were advertised as part of this process, as follows: IDA Ireland — one vacancy National Consumer Agency — two vacancies National Standards Authority of Ireland — two vacancies Shannon Development — two vacancies. A total of one hundred and sixty four expressions of interest were received as a result of the advertisement. I also received representations from a small number of individuals outside of the expressions of interest process. My Department, in conjunction with the Public Appointments Service, who assisted with the expressions of interest campaign, has shortlisted applicants for the various vacancies. I am currently considering the shortlisted applications. I have not yet made any appointments to the advertised vacancies. 638 Questions— 15 November 2011. Written Answers

Company Law 243. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the financial reporting requirements of a private limited company which is registered as a charity in the State in terms of the detail which must be furnished to shareholders at the annual general meeting. [34517/11]

252. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation if he can advise on the queries raised in correspondence (details supplied) regarding the management of accounts; and if he will make a statement on the matter. [34721/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): I propose to take Questions Nos. 243 and 252 together. Sectoral legislation in relation to charities is the responsibility of my colleague the Minister for Environment, Community & Local Government. Section 148 of the Companies Act 1963 (as amended) requires that the directors of every company shall on a date not later than 18 months after the incorporation of the company and, subsequently once at least in every calendar year prepare accounts for the company for each financial year, referred to in the Companies Acts as “individual accounts”. Accounts are required by the Companies Acts to show a true and fair view and must be laid before the annual general meeting of the company and must be sent, together with the direc- tors’ report and auditors’ report (unless the company is exempt from audit), to the members of the company at least 21 days before the annual general meeting. If any person has a concern as to whether a company is meeting its statutory obligations under the Companies Acts 1963-2009 in relation to the preparation or presentation of accounts it is open to that person to report that concern to the Office of the Director of Corporate Enforcement. The Director of Corporate Enforcement is statutorily independent in the per- formance of his statutory functions and I have no direct function in such matters.

Ministerial Staff 244. Deputy Mary Lou McDonald asked the Minister for Jobs, Enterprise and Innovation the number of his constituency and parliamentary staff, appointed following the February 2011, on salaries that exceed their applicable pay scale grade; the number of his existing and parliamentary staff employed prior to the February 2011 elections but awarded salary increases following the election that exceed their applicable pay scale grade; and if he will provide their annual salary details in a tabular format. [34573/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): The table below identifies the number of constituency and parliamentary staff, appointed by me following the February 2011 elections. It includes their current salary and the salary they received prior to the elections. Personal Assistant and Personal Secretary: In accordance with Ministerial Guidelines issued by the Department of Public Expenditure & Reform, the current salary of a Personal Assistant and a Personal Secretary is slightly higher than the salary they received in the Oireachtas. This increase is sanctioned in order to offset the effect of the pension levy.

639 Questions— 15 November 2011. Written Answers

[Deputy Richard Bruton.]

Special Advisers One of my Special Advisers was employed in the Oireachtas on a part time basis as a Parliamentary Assistant. On appointment as Special Adviser he was placed on the first point of the Principal Officer (standard) scale, i.e. €80,051 in line with Ministerial Guidelines. The Ministerial Guidelines also provide for an exemption to be granted in relation to remuneration where the Minister for Public Expenditure and Reform sanctions a higher salary rate. This exemption was sought in relation to my second Special Adviser and sanction was received from the Minister for Public Expenditure and Reform to place him on the higher salary of €127,000. Prior to his appointment, my second Special Adviser was employed on a salary of approximately €110,000.

No Current Title Current Salary Salary prior to February 2011

1 Personal Assistant €47,304 p.a. — (point 3) €44,323 p.a @ 90% — (point Personal Assistant Payscale 3) Parliamentary Assistant Payscale 1 Personal Secretary €43,509 p.a (point 10) €40,906 p.a — (point 10) Personal Secretary Payscale Secretariat Assistant Payscale 1 Special Adviser €80,051 p.a (point 1) Principal €45,416 p/a @10% — (point 4) Officer Payscale Parliamentary Assistant 1 Special Adviser €127,000 p.a €110,000 p.a.

Employment Rights 245. Deputy Clare Daly asked the Minister for Jobs, Enterprise and Innovation his plans to establish regulations of the au pair industry here in order that the rights and entitlements of au pairs are established and protected along with establishing standards for the industry that is rapidly growing as a financial entity. [34579/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): Typically an “au pair” is a young person who chooses to help look after the children of a host family and carry out light housekeeping duties. The au pair is usually given room and board and is typically paid weekly “pocket-money” and gains experience of a new culture while also improving his or her foreign language skills. There is no specific regulatory framework covering “au pairs” in place in Ireland. It is my understanding that an au pair arrangement is essentially a private arrangement between the parties concerned — a private household or sponsor family and a private individual — and voluntary, on the basis of a shared understanding. Although circum- stances can differ from case to case, an “au pair” is assumed not be an employee because there is no contract of employment between the householder and the person in question. If a contract of employment does exist then this places the arrangement on a different footing. In general, where people have concerns that workers may be exploited or receiving less than their statutory entitlement the matter should be reported to National Employment Rights Authority for inves- tigation. I have no plans to introduce additional legislation specifically to regulate arrangements in relation to “au pairs” in Ireland.

County Enterprise Boards 246. Deputy Paudie Coffey asked the Minister for Jobs, Enterprise and Innovation his plans to review direct financial assistance grants for small businesses funded from city and county 640 Questions— 15 November 2011. Written Answers enterprise boards; if he will make the criteria more flexible in order that jobs in small and medium enterprises can be sustained and secured; and if he will make a statement on the matter. [34584/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): The County and City Enterprise Boards (CEBs) provide support for micro-enterprises in the start-up and expansion phases. The CEBs deliver a range of tailored programmes and supports through the provision of both financial assistance and non-financial assistance. The forms of direct financial assistance available from a CEB are;

• Priming Grant (payable up to 50% of the investment or €80,000 whichever is the lesser), available to micro-enterprises for business start-ups within the first 18 months of start-up. This can cover all business costs directly attributable to starting a new business (save payments to State Bodies).

• Business Expansion/Development Grant (payable up to 50% of the investment or €80,000 whichever is the lesser), available to micro-enterprises to grow and develop the micro-enterprise. This can cover all business costs directly attributable to growing and developing a business (save payments to State Bodies).

• Feasibility/Innovation Grant (payable up to €20,000 or 50% (S&E region)/60% (BMW region) of the investment, whichever is the lesser), available to micro-enterprises to assist with the cost of necessary pre-start up studies carried out for the purposes of assessing market interest in/demand for a proposed new product or service, the appro- priateness of the associated funding plans, the general viability and sustainability of the venture and assistance with innovation.

The most recent review of the direct financial assistance available from the CEBs was conduc- ted in January 2010. At that stage the CEB existing financial supports had been in place since 1993. As a result of the 2010 review grant limits were raised and the range of business costs for which eligible micro-enterprises could seek grant support were broadened. This has allowed for greater flexibility in supporting the micro-enterprise sector whilst remaining within EU limits on provision of state aids. The criteria under which funding is available from the CEBs is based on the following factors;

• the enterprise must be in the commercial sphere;

• the enterprise must demonstrate a market for the product/service;

• the enterprise must have a capacity for growth and new job creation;

• the enterprise must not employ more than 10 people;

• the enterprise must not give rise to deadweight or displacement.

Within the above eligibility criteria there are certain necessary priorities and restrictions, in particular, priority must be given to micro-enterprises in the manufacturing or internationally traded services sector which over time can develop into strong export entities and graduate to the Enterprise Ireland Portfolio and, due to the need to consider the issues of deadweight and displacement, it is generally considered inappropriate to support enterprises such as retail enterprises, personal services and professional services.

641 Questions— 15 November 2011. Written Answers

[Deputy Richard Bruton.]

In addition to direct financial assistance the CEBs also provide non-financial assistance such as business advisory and information services, management capability training and develop- ment programmes, e-Commerce training initiatives etc. These soft supports also contribute positively to the policy objective of building an enterprise culture which, in time, may result in job creation without direct financial assistance from the State. I am satisfied that the current forms of financial support available from the CEBs, and the criteria within which these supports are available, are appropriate to the needs of the micro- enterprise sector and are targeted at enterprises with growth potential which can, over time, develop into strong export entities where they have sufficient mass to access the services of Enterprise Ireland and which can in the long-term maximise State investment in this sector.

Multinational Company Employment 247. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the number of jobs that have been transferred from a company (details supplied) to other locations around the world in the past 24 months; the number of jobs this company will be moving to other locations around the world in the next two months; the reason that this is happening; the level of investigation he has undertaken; the steps he has taken to persuade this company not to carry out these transfers; if he has met with staff or management of the company; and his plans on the issue. [34592/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): Along with IDA Ireland, I am in regular contact with Intel on its future plans for Ireland. I understand that as part of Intel’s continuing training programme a number of employees are being sent overseas in order for them to up-skill on newer leading edge technologies. No jobs are being lost in Ireland and these employees will return to Ireland once their training/assignment programmes are completed. I also understand that the movement of highly skilled staff from one Intel location to another is an essential part of the Intel philosophy on training. This type of ‘hands on’ training is ongoing and, according to Intel, is almost the only way to gain the experience required when working with the precision and expertise required at the nanotechnology geometries with which Intel works.

Competition Law 248. Deputy Willie O’Dea asked the Minister for Jobs, Enterprise and Innovation the maximum fine levied on a single business or person for breaching the Competition Act 2002; and if he will make a statement on the matter. [34658/11]

249. Deputy Willie O’Dea asked the Minister for Jobs, Enterprise and Innovation the total number and amount of fines levied on businesses and persons for breaching the Competition Act 2002; and if he will make a statement on the matter. [34659/11]

250. Deputy Willie O’Dea asked the Minister for Jobs, Enterprise and Innovation the total number of jail terms imposed on businesses and persons for breaching the Competition Act 2002; the total length of time actually served; and if he will make a statement on the matter. [34660/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): I propose to take Questions Nos. 248 to 250, inclusive, together.

642 Questions— 15 November 2011. Written Answers

The Competition Act 2002 provides for fines of up to €4 million or 10% of the turnover of an undertaking, whichever is the greater, for certain breaches of the Act. The 2002 Act also provides for jail sentences of up to five years for individuals convicted on indictment for a breach of the Act. The highest fine imposed on an individual under the Competition Act 2002 is €80,000. That fine was not paid and the individual was subsequently sentenced to 28 days imprisonment for default. The total number of fines imposed on individuals and businesses under the Competition Act 2002 is four, ranging from €50,000 to €80,000 and totalling €260,000. In addition, since March 2006, 25 fines were imposed under the Competition Act 1991, as amended, ranging from €1,500 to €35,000 and totalling €263,500. Under the Criminal Law Act 1997, three fines totalling €75,000 were imposed on individuals for aiding and abetting breaches of the Competition Acts, also since March 2006. The total number of jail terms imposed on persons for breaching the Competition Act 2002 was two, each of 15 months duration. Both sentences were suspended for five years. In addition, since March 2006, five jail sentences ranging from three months to nine months and totalling 27 months were imposed on individuals under the Competition Act 1991, as amended. All five of the sentences were suspended. A further three jail sentences ranging from six months to fifteen months and totalling 33 months were imposed under the Criminal Law Act 1997 since March 2006 for aiding and abetting breaches of the Competition Acts. All three of these sentences were suspended.

Employment Appeals Tribunal 251. Deputy Regina Doherty asked the Minister for Jobs, Enterprise and Innovation when a person (details supplied) will receive confirmation notice of a date for their employment appeals tribunal hearing. [34698/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): The Employment Appeals Tribunal has confirmed that it does not have any record of correspondence from or relating to the person concerned. At present, the estimated waiting time for Employment Appeals Tribunal hearings is 86 weeks from receipt of application. In July 2011, I announced my intention to streamline the State’s five employment rights bodies, including the Employment Appeals Tribunal, and to produce a simpler, more effective system, including a single point of entry for all users of the State’s employment rights machinery. It is anticipated that, on completion, this system will produce a speedier and more efficient claims resolution process that will benefit employers and employees alike.

Question No. 252 answered with Question No. 243.

Capital Projects 253. Deputy Gerald Nash asked the Minister for Jobs, Enterprise and Innovation if he will provide details in relation to the number and value of State capital project contracts awarded to companies registered outside the State in the years 2009, 2010 and 2011 respectively; if he will provide details in respect of the number and value of State capital project contracts awarded to companies registered in the Republic of Ireland in the years 2009, 2010 and 2011 respectively; and if he will make a statement on the matter. [34812/11]

643 Questions— 15 November 2011. Written Answers

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): I understand that the Deputy is referring to construction projects. My Department did not award any capital project contracts of this nature in 2009, 2010 and 2011. Separately, grants to individual companies, both indigenous and foreign owned, are paid by the enterprise agencies operating under the aegis of my Department, including Enterprise Ireland, IDA Ireland, Shannon Development and the County Enterprise Boards. These grants are funded by the Exchequer Capital Budget so as to create a competitive advantage or win further FDI investment from existing and new clients, thereby enhancing competitiveness, in order to sustain and increase job creation. Enterprise Ireland, Science Foundation Ireland and IDA Ireland also offer support to companies under a range of research development and innovation programmes which are also funded from my Department’s Capital Budget. The level of capital expenditure allocated to these Agencies in 2011 and the provisional outturn for 2010 is set out in Vote 34 of the Revised Estimates Volume 2011.

Credit Guarantee Scheme 254. Deputy Dominic Hannigan asked the Minister for Jobs, Enterprise and Innovation when will the partial credit scheme become active; the way the scheme will operate; and if he will make a statement on the matter. [34833/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): The design phase of a Temporary Partial Credit Guarantee Scheme is nearing completion and I will be bringing formal proposals to Cabinet shortly. Once a suitable scheme design has been finalised and approved by the Government, there will then be a further Request for Tender published at the end of November to select an operator to allow for the roll out of the scheme over the coming months. In parallel with the work taking place on the design of the Scheme, the Department is preparing primary legislation to make the necessary statutory provision for such a scheme. The Scheme will provide a level of guarantee to banks against losses on qualifying loans to job-creating firms to get banks lending again to industry and entrepreneurs. This Scheme will be closely targeted at commercially viable, well performing companies that have a solid business plan and a defined market for their products or services which can demon- strate repayment capacity for the additional credit facilities but which cannot secure credit facilities due to the following two market failures:

• Insufficient collateral for the additional facilities or,

• Growth / expansionary SMEs which due to their sectors, markets or business model are perceived higher risk under current credit risk evaluation practices.

The Government’s commitment will be for an initial period of one year. Specific performance criteria will be set down that allow for review and revision of the scheme at the end of that initial period before any commitment to a roll-over of the scheme for subsequent years. The temporary partial credit guarantee scheme will complement the Government plans on the restructuring and recapitalisation of the banking system which seek to secure an adequate flow of credit into the economy to support economic recovery.

FÁS Training Programmes 255. Deputy Mary Lou McDonald asked the Minister for Social Protection the action she will take to ensure the gateway women’s training project will continue to deliver quality

644 Questions— 15 November 2011. Written Answers accredited FETAC level three and level five training courses despite the recent operational changes in FÁS that no longer allow for second training providers such as Gateway and the blocking of the organisations quality assurance application due to no new applications for provider registration being accepted following the establishment of SOLAS. [34092/11]

Minister for Social Protection (Deputy Joan Burton): As part of the reorganisation of func- tions and services in support of people who are unemployed, the community and employment support services of FÁS are being transferred to the Department of Social Protection. The legislative changes to give effect to these changes have been put in place and FÁS staff will complete the transfer to my Department in January 2012. As a consequence of these changes, the current practice whereby the Training Standards Quality Assurance System of FÁS pro- cesses FETAC certificate requests on behalf of a small number of education and training pro- viders, such as the Gateway project, will be discontinued on 5th December 2011. The Gateway project has been advised of the changes and of the opportunities to source alternative arrangements for the processing of FETAC applications. My understanding is that Gateway is currently linking with other providers with a view to accessing FETAC certificates. FÁS is also actively engaged so as to ensure that the matter is resolved in a satisfactory manner.

256. Deputy Billy Kelleher asked the Minister for Social Protection the cost benefit analysis of the laundry services at Farranferris, County Cork operated by FÁS; the extent if any to which this service is subsidised by the State; and if she will make a statement on the matter. [34093/11]

Minister for Social Protection (Deputy Joan Burton): A community laundry service is operated by a community based organisation as part of its training and development centre based in Farranferris College on the north side of Cork City. FÁS provides funding of approxi- mately €149,000 per annum in total to the laundry to support six work placements under the community employment programme and a further three under the job initiative programme. The Deputy should note that FÁS does not have any direct operational involvement in the delivery or management of the laundry service and matters relating to the value for money or effectiveness of the services offers by the company are primarily a matter for the Board of Management of the organisation. The organisation in question was established by community interests to provide training and work experience for the unemployed of the area. The centre currently provides a range of training and work placement opportunities in the North Cork City area to over 350 people in the area. Services provided with the support of people on work placements include child care, catering, woodwork, home insulation, laundry, security training, community administration, gardening, and historical research. It is a condition of funding that services offered by the organisation do not displace or substitute employment offered locally by other providers either private, voluntary or public sector.

Redundancy Payments 257. Deputy Michael Creed asked the Minister for Social Protection the position regarding an application for redundancy in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [34123/11]

Minister for Social Protection (Deputy Joan Burton): A Redundancy Lump sum claim in respect of the person concerned was received on 18 May 2011. Redundancy Lump sum claims received at the end of April 2011 are currently being processed.

645 Questions— 15 November 2011. Written Answers

Employment Support Services 258. Deputy Charlie McConalogue asked the Minister for Social Protection the number of places available on JobBridge, the national internship scheme in County Donegal; and if she will make a statement on the matter. [34134/11]

Minister for Social Protection (Deputy Joan Burton): JobBridge — the National Internship Scheme — is a nationwide scheme and, as such, places are not assigned, or reserved, on a geographic basis. Currently there are sixty-six (66) offers of internship in County Donegal advertised on the JobBridge website.

Pension Provisions 259. Deputy Joe Carey asked the Minister for Social Protection if he will report on the current position with regards to Labour Court ruling LCR19293 in relation to pension entitle- ments for FÁS community employment supervisors; and if she will make a statement on the matter. [34562/11]

297. Deputy Willie O’Dea asked the Minister for Social Protection when she will give a decision in regard to the timescale for implementation of the recommendation by the Labour Court in 2008 that an agreed pension scheme be introduced for community employment super- visors (details supplied) and that the scheme be adequately funded by FÁS. [34217/11]

299. Deputy Tony McLoughlin asked the Minister for Social Protection if reconsideration will be given to community employment scheme supervisors and assistant supervisors who were rejected on the issue of the introduction of a pension scheme; and if she will make a statement on the matter. [34255/11]

Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 259, 297 and 299 together. The Labour Court recommended in July 2008 that an agreed pension scheme should be introduced for community employment (CE) scheme supervisors and assistant supervisors, and that such a scheme should be adequately funded by FÁS. Notwithstanding the positions of the Department in rejecting that liability for these costs falls to be met from public funds, this matter has been the subject of discussions between the Department of Public Expenditure and Reform, my Department, and the unions representing CE supervisors. In the event that funding was required from FÁS, the implementation of the claim is not considered sustainable in light of the current and ongoing fiscal environment and the requirement to contain and reduce public expenditure. The costs of the introduction of any scheme are likely to be of the order of €3m with retrospective costs of the order of at least €30m. The Deputy should also note that FÁS is not the employer of CE supervisors and such employees are not public servants. Neither was FÁS a party to the Labour Court dispute on this matter. The responsibilities of the sponsoring organisations and the individuals concerned must also be recognised when considering pension provision arrangements.

260. Deputy Gerry Adams asked the Minister for Social Protection the number of persons here estimated to hold private pensions. [34581/11]

Minister for Social Protection (Deputy Joan Burton): The Pensions Board is a statutory body set up under the Pensions Act, 1990. The Board regulates occupational pension schemes, trust Retirement Annuity Contracts and Personal Retirement Savings Accounts in Ireland.

646 Questions— 15 November 2011. Written Answers

According to the Pensions Boards annual report for 2010, there were 76,291 occupational pension schemes with 809,961 active members as of the 31st December 2010. In addition there was 187,114 Personal Retirement Savings Accounts in force. In accordance with the Central Statistics Office Quarterly National Household Survey on Pension Provisions (Quarter 4 2009), the rate of workers with a pension was 51%.

Social Welfare Appeals 261. Deputy John McGuinness asked the Minister for Social Protection if an application for disability allowance now under appeal will be expedited and approved in respect of a person (details supplied) in County Kilkenny; if supplementary allowance will be paid while they await the outcome of their appeal. [33971/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that the disability allowance claim of the person concerned was disallowed following an assessment by a Medical Assessor who expressed the opinion that she was medically unsuit- able for the allowance. An appeal was registered on 25th October 2011 and in accordance with the statutory procedures the relevant department papers and the comments of the Social Wel- fare services on the matter raised in the appeal have been sought. In that context, an assessment by another Medical Assessor will be carried out. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and is responsible for determining appeals against decisions on social welfare entitlements.

262. Deputy Bernard J. Durkan asked the Minister for Social Protection when a decision will be made in respect of an appeal for domiciliary care allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [33972/11]

Minister for Social Protection (Deputy Joan Burton): I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, including that adduced at oral hearing, has allowed the appeal of the person concerned. The person concerned has been notified of the decision. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

263. Deputy Bernard J. Durkan asked the Minister for Social Protection when a decision will be made in respect of an appeal for domiciliary care allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [33973/11]

Minister for Social Protection (Deputy Joan Burton): I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, including that adduced at oral hearing, has disallowed the appeal of the person concerned. The person con- cerned has been notified of the decision. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits 264. Deputy Patrick Nulty asked the Minister for Social Protection the number of households in receipt of mortgage interest supplement. [33983/11]

647 Questions— 15 November 2011. Written Answers

265. Deputy Patrick Nulty asked the Minister for Social Protection the number of households in receipt of rent supplement; and the number of same who have been on rent supplement for 18 months or longer. [33984/11]

266. Deputy Patrick Nulty asked the Minister for Social Protection the amount spent on the provision of yearly rent supplement payments in 2008, 2009, 2010 and to date in 2011. [33985/11]

267. Deputy Patrick Nulty asked the Minister for Social Protection the number of households in receipt of rent supplement in the years 2008, 2009, 2010 and to date in 2011. [33986/11]

Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 264 to 267, inclusive, together. The community welfare service (CWS) and the community welfare officers providing it trans- ferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP. There are currently 18,741 recipients of mortgage interest supplement and there are currently 95,904 recipients of rent supplement of which 51,400 are in receipt of the supplement for 18 months or more. The following tabular statement sets out the number of recipients and expen- diture on rent supplement from 2008 to 2011.

Tabular Statement

Number of Recipients and Expenditure on Rent Supplement, 2008, 2009, 2010 and 2011

Recipients Expenditure

€000 2008 74,038 440,548 2009 93,030 510,751 2010 97,260 516,861 2011* 95,904 417,454 *— Recipients at 4 November 2011 and Expenditure to October 2011

Redundancy Payments 268. Deputy John O’Mahony asked the Minister for Social Protection when a person (details supplied) in County Mayo will receive their redundancy payment; and if she will make a state- ment on the matter. [33999/11]

319. Deputy John O’Mahony asked the Minister for Social Protection when a person (details supplied) in County Mayo will receive their redundancy payment; and if she will make a state- ment on the matter. [34586/11]

Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 268 and 319 together. A Redundancy Lump sum claim in respect of the person concerned was received on 5 July 2011. Redundancy Lump sum claims received at the end of April 2011 are currently being processed.

269. Deputy Patrick O’Donovan asked the Minister for Social Protection the position regard- ing an application for redundancy payments in respect of a person (details supplied) in County 648 Questions— 15 November 2011. Written Answers

Limerick; when the payment will issue; and if she will make a statement on the matter. [34001/11]

Minister for Social Protection (Deputy Joan Burton): A Redundancy Lump sum claim in respect of the person concerned was received on 18 July 2011. Redundancy Lump sum claims received at the end of April 2011 are currently being processed.

Question No. 270 withdrawn.

Social Welfare Benefits 271. Deputy Brendan Ryan asked the Minister for Social Protection the position regarding rent allowance in respect of a person (details supplied) in County Dublin; the reason the payment has been refused; if it will be reviewed and put into payment; and if she will make a statement on the matter. [34046/11]

Minister for Social Protection (Deputy Joan Burton): The community welfare service (CWS) and the community welfare officers providing it transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP. There is no record of a rent supplement application in respect of the person concerned. If the person concerned wishes to apply for rent supplement she should contact her local Com- munity welfare Officer.

Social Welfare Appeals 272. Deputy Patrick O’Donovan asked the Minister for Social Protection the position regard- ing an appeal against a decision to deny carer’s allowance to a person (details supplied) in County Limerick; when a decision will issue on same; and if she will make a statement on the matter. [34050/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 5 September 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 13 September 2011 and the appeal was assigned to an Appeals Officer on 26 October 2011 who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

273. Deputy Patrick O’Donovan asked the Minister for Social Protection the position regard- ing an appeal for invalidity pension in respect of a person (details supplied) in County Limerick; and if she will make a statement on the matter. [34057/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 27 October 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred in due course to an Appeals Officer for con- sideration.

649 Questions— 15 November 2011. Written Answers

[Deputy Joan Burton.]

The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Question No. 274 withdrawn.

275. Deputy Seán Ó Fearghaíl asked the Minister for Social Protection if she will expedite an appeal for jobseeker’s allowance in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [34073/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person’s oral hearing will be heard, but s/he will be informed when arrangements have been made. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits 276. Deputy Patrick O’Donovan asked the Minister for Social Protection if she will provide the details of the average processing time for carer’s allowance applications as well as the average processing time for appeals against decisions to deny carer’s allowance; and if she will make a statement on the matter. [34076/11]

Minister for Social Protection (Deputy Joan Burton): The average time taken to award a claim for carer’s allowance in the first 9 months of 2011 was 14 weeks. A total of 12, 657 applications were registered in this period and 10,499 were processed in the same period. There are currently 7,992 applications awaiting a decision. There are 51,659 carer’s allowance claims in payment. A major service delivery modernisation project is underway to improve the efficiency of administration of the carer’s allowance scheme. This involves the development of IT func- tionality and associated business process re-organisation. It is anticipated that the new system will introduce significant processing efficiencies and a quicker and more responsive service to the customer. Accordingly, this project is being given high priority and involves a significant level of time and commitment from the relevant staff in the Department, which has had, however, a short- term negative impact on claim processing times. The first tranche of new carer’s allowance claims began to be processed under the new system in August 2011. While these new systems and processes will facilitate a significant improvement in overall processing times it should be noted that individual claims may still take some time to process.

650 Questions— 15 November 2011. Written Answers

Entitlement to carer’s allowance is based on satisfying medical, means and residency conditions. In determining entitlement to the allowance there are, in certain cases, unavoidable time lags involved in making the necessary investigations and enquiries to enable accurate decisions to be made. Delays can also arise if people applying for the allowance are not in a position to supply all the necessary information in support of their claim. I am assured that the situation is being monitored closely by the Department. Figures from the Social Welfare Appeals Office show that, in 2010, the average processing time for carer’s allowance appeals dealt with by way of summary decision was 26.9 weeks , while a case which required an oral hearing took an average of 47.3 weeks. These processing times are calculated from the registration date of the appeal to the date of its finalisation and include all activities during this period including time spent in the Department for comments by the deciding officer on the grounds of appeal put forward by the appellant and any further investigation, examination or assessment by the Department’s inspectors and medical assessors that is deemed necessary. A considerable period of time is added to the process when an oral hearing is required because of the logistics involved in this process.

277. Deputy Jack Wall asked the Minister for Social Protection the reason a person (details supplied) in County Kildare has not received a rent supplement payment for a period; and if she will make a statement on the matter. [34090/11]

Minister for Social Protection (Deputy Joan Burton): The community welfare service (CWS) and the community welfare officers providing it transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP. The person concerned is in receipt of his full entitlement to rent supplement based on his household circumstances. Regarding the payment of arrears, the Central Rents Unit has a policy of paying significant amounts outstanding to the relative landlord. The person concerned will now be paid in his own right as all outstanding monies have been paid.

278. Deputy Aodhán Ó Ríordáin asked the Minister for Social Protection if the application for rent supplement has been approved in respect of a person (details supplied) in Dublin 13; and when a decision will issue. [34094/11]

Minister for Social Protection (Deputy Joan Burton): The community welfare service (CWS) and the community welfare officers providing it transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP. The person concerned made an application for rent supplement on 22nd August 2011 the rent was in excess of the maximum rent limit appropriate to his family composition and rent supplement was disallowed.

279. Deputy Pat Deering asked the Minister for Social Protection the criteria used in determining qualification for disability allowance. [34104/11]

Minister for Social Protection (Deputy Joan Burton): Disability Allowance is a weekly allow- ance paid to people with a specified disability who are aged between 16 and 66. This disability must be expected to last for at least one year and is subject to a medical assessment, a means test and a habitual residency test.

651 Questions— 15 November 2011. Written Answers

[Deputy Joan Burton.]

In order to satisfy the medical conditions for receipt of disability allowance a person must be suffering from an injury, disease, congenital deformity or physical or mental illness or defect which has continued or may reasonably be expected to continue for a period of at least a year and as a result of the condition the person is substantially restricted in undertaking work which would otherwise be suitable having regard to the person’s age, experience and qualifications. The weekly rate of disability allowance payment depends on the amount of weekly means assessed. Under the legislative provisions set down for disability allowance means are assessable from all income, capital, investments, property which the claimant or claimant’s spouse/partner/cohabitant may have with certain exceptions. When calculating a person’s means from capital a special formula is used to work out the weekly rate. In order to get disability allowance the onus is on the applicant to prove that they are habitually resident in the State. In determining whether a person is habitually resident in the State the following five factors, which have been set down in judgements given by the European Court of Justice, are relied on:

1. A person’s main centre of interest.

2. The length and continuity of their presence in the Common Travel Area.

3. The length and reason for any absence from the Common Travel Area.

4. The nature and pattern of their employment, if any, in the Common Travel Area and

5. Their future intentions to live in the Republic of Ireland as it appears from their particular situation.

Social Welfare Appeals 280. Deputy Pat Deering asked the Minister for Social Protection the reason a person (details supplied) in County Carlow was refused disability allowance. [34105/11]

Minister for Social Protection (Deputy Joan Burton): Disability allowance may be payable to persons who have an injury, disease or physical or mental disability that has continued or may be expected to continue for at least one year and who, as a result of this disability are substantially restricted in undertaking work that would otherwise be suitable for a person of their age, experience and qualifications. The person concerned was refused disability allowance on the ground that based upon the medical assessor’s assessment of the medical evidence supplied in support of the claim, the person was not medically suitable for disability allowance. The person was notified in writing of this decision and the reason for it. The decision was reviewed by a deciding officer in the light of further medical evidence subsequently submitted to the department. However, following review of the further medical evidence by a medical assessor, the deciding officer decided that there were insufficient grounds for the original decision to be changed and, accordingly, that the decision to refuse disability allowance should stand. The person was notified in writing of this review decision and the reason for it.

Social Welfare Benefits 281. Deputy Pat Deering asked the Minister for Social Protection when a decision will issue on a carer’s allowance application in respect of a person (details supplied). [34106/11]

652 Questions— 15 November 2011. Written Answers

Minister for Social Protection (Deputy Joan Burton): The person concerned was refused carer’s allowance on the ground that the care recipient is not so disabled as to require full-time care and attention as prescribed in regulations. On 13 October 2011, the person in question was notified of this decision and the reason for it.

Social Welfare Appeals 282. Deputy Gerry Adams asked the Minister for Social Protection the basis on which the chief appeals officer determined to disallow an application for disability allowance by a person (details supplied) in County Louth stating the person did not demonstrate that they satisfy the conditions on habitual residence; if she will clarify the confusion surrounding this application; and if she will make a statement on the matter. [34108/11]

Minister for Social Protection (Deputy Joan Burton): I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the evidence, including that adduced at oral hearing, disallowed the appeal of the person concerned. A copy of the Appeals Officer’s report, which set out the basis on which the decision was made, was sent, on request, to the person’s solicitor on 19th October 2011. The Appeals Officers decision which issued on 16th September 2011, contained a typing error in relation to the habitual residence conditions. An amended decision was issued to the person concerned on 10 October 2011 with the apologies of the Appeals Officer. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

283. Deputy Anne Ferris asked the Minister for Social Protection if she will provide an update on the appeal in respect of a person (details supplied) in County Wicklow; the reason this Deputy has not received a response from the appeals office to her representations dated 22 July and 15 August; and if she will make a statement on the matter. [34110/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person’s oral hearing will be heard, but s/he will be informed when arrangements have been made. The huge increase in the numbers of appeals to the Office has also resulted in a large backlog in dealing with correspondence, which is also dealt with in chronological order. While this is regretted, priority in the Office is given to the registration and preparation of files for appeals, scheduling oral hearings and the issue of decisions. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

653 Questions— 15 November 2011. Written Answers

284. Deputy Finian McGrath asked the Minister for Social Protection the position regarding an appeal in respect of a person (details supplied) in Dublin 7. [34112/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 27 September 2011. It is a statutory requirement of the appeals process that the relevant Depart- mental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 11 October 2011 and the appeal has been referred to an Appeals Officer, who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

General Register Office 285. Deputy Billy Timmins asked the Minister for Social Protection the reason the General Register Office Research Room in Dublin was closed to the public for a considerable time during office hours on Tuesday, 1 November 2011; and if she will make a statement on the matter. [34120/11]

Minister for Social Protection (Deputy Joan Burton): The statutory responsibility for the administration of civil registration in Ireland rests with An t-Ard Chláraitheoir. His office — the General Register Office — is the central repository for all records relating births, deaths, stillbirths, marriages, civil partnerships and adoptions in the state. The Office does not engage in genealogical or family history research on behalf of members of the public, but the Research Room in Dublin facilitates the searching of Indexes by members of the public and provides them with copies of the records on payment of the prescribed fee. The Research Room in Dublin is open to the public from 9.30am to 4.30pm Monday to Friday and can accommodate 40 customers at any given time. The number of customers using the facility has increased greatly over the past year, mainly as a result of television programmes on the subjects of genealogy and ancestral history which have increased awareness among members of the public. On November 1st this increased demand led to the Research Room operating at full capacity and excess demand for the service during this particular day meant that management had to restrict access to the facility for a period of approximately 1 hour. Any decision to restrict access to the facility is regrettable and rarely occurs and I acknowl- edge the inconvenience this causes to our customers. However, it was felt that on this occasion for health and safety reasons it was in the best interest of customers and staff to restrict access to the Research Room for this short period of time.

Social Welfare Benefits 286. Deputy Simon Harris asked the Minister for Social Protection the reason a person (details supplied) in County Wicklow has been refused the back to school clothing and footwear allowance; the rationale for the decision to stop these payments; and if she will make a state- ment on the matter. [34132/11]

Minister for Social Protection (Deputy Joan Burton): The Back to School Clothing and Footwear Allowance (BSCFA) scheme operates from the beginning of June until the end of September each year. A person may qualify for payment of BSCFA if he or she is in receipt

654 Questions— 15 November 2011. Written Answers of a social welfare or health service executive payment, is participating in an approved employ- ment scheme or attending a recognised education or training course, and has household income at or below certain specified levels. The person concerned was refused a BSCFA payment as she was not in receipt of a qualifying payment at the time of her application. The person concerned has been advised in writing of her right to a review of the decision.

287. Deputy Simon Harris asked the Minister for Social Protection the reason a person (details supplied) in County Wicklow has had their rent allowance payments stopped; the rationale for the decision to stop these payments; and if she will make a statement on the matter. [34133/11]

Minister for Social Protection (Deputy Joan Burton): The community welfare service (CWS) and the community welfare officers providing it transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP. The person concerned has had her rent supplement suspended pending information regard- ing her current earnings. The request for further information was sent on the 30th of September 2011. A decision will be made on her application when the necessary documentation has been provided.

Croke Park Agreement 288. Deputy Dominic Hannigan asked the Minister for Social Protection the number of Croke Park agreement projects that each State agency under her aegis are progressing; if she will list each project by Department in tabular form; the amount to be saved by each project; the number that have been completed since the agreement came into force; and if she will make a statement on the matter. [34163/11]

Minister for Social Protection (Deputy Joan Burton): The information sought is set out in the tables below. Of the overall total of seven projects initiated by agencies under the Depart- ment’s aegis, one has already been completed by the Citizens Information Board, providing savings of €130,000 in 2010 and a similar amount in 2011 and each subsequent year. Three other projects undertaken by the Pensions Board are not yet completed but nonetheless have generated a combined total of €147,000 over the two years 2010 and 2011 to date. The three remaining projects are in train but have not yet started to generate savings.

Citizens Information Board

Number of Projects 3 List of Projects and savings targets 1. Moving the technical platform for www.citizensinformation.ie to the Department of Finance. Project completed, savings achieved of €130,000 in 2010. 2. Centralised voice framework for both call and telephone line costs on behalf of CIB and Delivery Partners through Single Point of Telephone Contact (SPOTC) services. Savings will not materialise until 2013. 3. Development of an integrated voice and data infrastructure for both CIB and Delivery Partners. Savings will not materialise until 2013. Number of Projects Completed 1

655 Questions— 15 November 2011. Written Answers

[Deputy Joan Burton.]

Pensions Board

Number of Projects 4 List of Projects and savings targets 1. Development and deployment of online information services to facilitate more efficient and cost effective access for all Pensions Board stakeholders. Savings achieved 2010-2011: €30,000. 2. Review the existing ICT maintenance and support arrangements with a view to achieving savings and more efficient delivery of services. Savings achieved 2010-2011: €22,000. 3. Develop Corporate Procurement Plan. Continue to review and implement appropriate procurement strategies for high spend categories and maintain a central register for all contracts entered into by the Pensions Board. Savings achieved 2010-2011: €95,000. 4. Introduce a new on-line Pensions Board data portal for pension schemes.Savings: As this project is still ongoing no cost savings have been achieved to date. Number of Projects Completed Nil

Social Welfare Appeals 289. Deputy Sandra McLellan asked the Minister for Social Protection the entitlement to social welfare assistance in the case of a person (details supplied) in County Cork; if she will expedite the claim; and if she will make a statement on the matter. [34168/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal, by the person concerned, was received in that office on 28 September 2011. It is a statutory requirement of the appeals process that the relevant Depart- mental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 11 November 2011 and the appeal will, in due course, be assigned to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

290. Deputy Niall Collins asked the Minister for Social Protection if she would approve a supplementary welfare allowance application in respect of persons (details supplied) in County Cork. [34170/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 26th October 2011. It is a statutory requirement of the appeals process that the relevant Departmen- tal papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 8th November 2011 and the appeal will be assigned, in due course, to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

656 Questions— 15 November 2011. Written Answers

Pension Provisions 291. Deputy Michael Creed asked the Minister for Social Protection if she will clarify the value of credited PRSI contributions in the context of entitlement to contributory pension on retirement; and if she will make a statement on the matter. [34175/11]

Minister for Social Protection (Deputy Joan Burton): Credited contributions (“credits”) form an integral part of the social insurance system. They are underwritten by the Social Insurance Fund and are designed to protect the social insurance entitlement record of insured workers who — for reasons relating to incapacity, ill-health, unemployment, early retirement, pro- fessional training or the provisions of care (i.e. for children, the disabled or the elderly) — are not in a position to make PRSI payments. In relation to State pension, there are two categories of contributory State pension:- State pension (transition) (SPT) payable at age 65 and State pension (contributory) (SPC) payable at age 66. The qualifying conditions for State pension (transition) require the applicant to

• have entered insurable employment before attaining the age of 55 years.

• have at least 260 full-rate social insurance contributions paid since the date of entry into insurance.

• Have a minimum yearly average of 24 contributions (paid or credited) since the date of entry into insurance.

• have retired from work.

State pension (transition) ceases at age 66 when the claimant transfers to (SPC). The qualifying conditions for State pension (contributory) require the applicant to

• have entered insurable employment before attaining the age of 56 years.

• have at least 260 weeks full-rate contributions paid, from employment or self-employ- ment, since entry into insurance

• Have a minimum yearly average of 10 contributions (paid or credited) since the date of entry into insurance.

As provided for in legislation since 1997, the minimum paid requirement for SPT and SPC will increase to 520 next year. As announced in the National Pensions Framework and as provided for in recent legislation, State pension age will be increased gradually to 68 years. This will begin in 2014 with the standardisation of State pension age at 66 and SPT will no longer be payable to those who reach age 65 in 2014 or later. State pension age will be increased to 67 years in 2021 and to 68 in 2028. By gradually increasing the qualifying age for State pension, people will be further encouraged to remain in employment beyond 65 years of age. A further planned change outlined in the National Pensions Framework is the introduction of a ‘total contributions’ approach from 2020 to replace the current averaging system. This means that from 2020 a person will require 30 years’ contributions and credits to qualify for maximum pension with 10 years’ paid contributions required for a minimum pension. The amount of credits which can be used to claim pension will be capped at 10 years.

657 Questions— 15 November 2011. Written Answers

[Deputy Joan Burton.]

This system will be fairer as the level of pension payment will be proportionate to a person’s working career e.g. a person with 25 years contributions will receive 25/30ths of a pension.

Social Welfare Appeals 292. Deputy Bernard J. Durkan asked the Minister for Social Protection when payment will issue in respect of a claim for disability allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [34181/11]

Minister for Social Protection (Deputy Joan Burton): The person concerned was refused a disability allowance on the ground that, based upon the medical assessor’s assessment of the medical evidence supplied in support of the claim, the person is not medically suitable for disability allowance. The person was notified in writing of this decision and the reason for it. Further medical evidence has been received and has been referred to a medical assessor. When the medical assessor’s opinion is received by the deciding officer, s/he will review the decision and the person will be notified directly of the outcome.

Social Welfare Benefits 293. Deputy Bernard J. Durkan asked the Minister for Social Protection if an application for jobseeker’s allowance will be reviewed in respect of a person (details supplied) in County Kildare with particular reference to the outgoings of the household; and if she will make a statement on the matter. [34195/11]

Minister for Social Protection (Deputy Joan Burton): An application for jobseeker’s allow- ance from the person concerned was disallowed because his means from parental income is in excess of the scheduled limit. The decision was upheld on review and he has been advised of his right to appeal the decision to the social welfare appeals office.

294. Deputy Bernard J. Durkan asked the Minister for Social Protection when arrears of rent allowance will be paid in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [34196/11]

Minister for Social Protection (Deputy Joan Burton): The community welfare service and the community welfare officers providing it, transferred formally to the Department of Social Protection from 1 October 2011. There is no record of an application for rent allowance from the person concerned. If she wishes to make an application for rent allowance she should contact the Department’s local representative who administers supplementary welfare allowance.

295. Deputy Bernard J. Durkan asked the Minister for Social Protection when invalidity pension will be awarded in the case of a person (details supplied) in County Kildare who is correctly in receipt of supplementary welfare allowance which is currently under threat of termination; and if she will make a statement on the matter. [34197/11]

Minister for Social Protection (Deputy Joan Burton): Invalidity pension is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the contribution conditions.

658 Questions— 15 November 2011. Written Answers

This Department received a claim for invalidity pension for the person concerned. The medi- cal evidence provided in support of the claim was examined by a medical assessor who was of the opinion that the person concerned is not eligible for invalidity pension as he does not satisfy the medical criteria. Accordingly, the claim for invalidity pension was disallowed by a deciding officer. The person in question was notified of this decision on 10 November 2011.

Social Welfare Appeals 296. Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection when the social welfare appeals office expects to make a decision on mortgage interest supplement appeal in respect of a person (details supplied) in County Monaghan; and if she will make a statement on the matter. [34203/11]

Minister for Social Protection (Deputy Joan Burton): I am advised by the Social Welfare Appeals Office that an oral hearing of this case took place on 01 September 2011. Following the hearing, the Appeals Officer wrote to the person concerned seeking additional information concerning her agreement with the mortgage provider. On receipt of a response from the person concerned, the Appeals Officer will further consider the appeal. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Question No. 297 answered with Question No. 259.

298. Deputy Charlie McConalogue asked the Minister for Social Protection the position regarding an illness benefit appeal in respect of a person (details supplied) in County Donegal; and if she will make a statement on the matter. [34241/11]

Minister for Social Protection (Deputy Joan Burton): Payment of illness benefit, to the per- son concerned, was disallowed by a Deciding Officer following an examination by a Medical Assessor of the Department who expressed the opinion that she was capable of work. An appeal was opened and in the context of that appeal the person concerned was examined by a second Medical Assessor who also expressed the opinion that she was capable of work. I am advised by the Social Welfare Appeals Office that, following receipt of the grounds of appeal from the person concerned the relevant Departmental papers and comments of the Department were requested. These papers were received in the Social Welfare Appeals Office on 27 October 2011 and the appeal was assigned to an Appeals Officer on 09 November 2011 who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Question No. 299 answered with Question No. 259.

300. Deputy Michael Creed asked the Minister for Social Protection if a decision has yet been made on a supplementary welfare allowance appeal in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [34258/11]

305. Deputy Michael Creed asked the Minister for Social Protection if a decision has yet been made on a supplementary welfare allowance appeal by a person (details supplied) in County Cork; and if she will make a statement on the matter. [34311/11]

659 Questions— 15 November 2011. Written Answers

Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 300 and 305 together. Following on from the transfer of the Community Welfare Service from the Health Services Executive (HSE) to the Department of Social Protection, with effect from Saturday 1st October, legislation was commenced which provides that appeals for supplementary welfare allowance (SWA) will be made to the Social Welfare Appeals Office. Up to now, the legislation provided for a 2 step process, first to the Health Services Executive (HSE) and, if still dissatis- fied, to the Social Welfare Appeals Office. As part of that process, any appeals that have been submitted in recent weeks to the HSE are being transferred to the Social Welfare Appeals Office. These appeals will be registered and acknowledged by the Social Welfare Appeals Office in due course. In this case, I am informed by the Social Welfare Appeals Office that an appeal for SWA for the person con- cerned has not yet been registered. The Chief Appeals Officer has assured me that all appro- priate measures are being taken to address the smooth transfer of SWA appeals to her office. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Departmental Staff 301. Deputy Terence Flanagan asked the Minister for Social Protection if she has plans to employ additional staff to deal with the backlog of applications in the appeals office; and if she will make a statement on the matter. [34274/11]

Minister for Social Protection (Deputy Joan Burton): The need for additional resources to deal with a very significant increase in the number of appeals received by the Social Welfare Appeals Office has been recognised by the Department. The annual intake of appeals has increased from 14,070 in 2007 to 32,432 in 2010, an increase of 18,362 (130.5%) and currently it appears that in the region of another 30,000 will be received during 2011. In that context, the Department made 9 additional appointments to the Office earlier this year. These assignments have augmented the 3 appointments made to the Office in 2010, bring- ing the total number of appeals officers serving in the Office to 29. In addition, since July 2010, 8 retired appeals officers, equating to a further 3 full-time officers, have been assisting on a strictly part-time basis with the backlogs of appeals and it is intended that they will be employed until the end of the year. From the 1st of October, the Community Welfare Service merged with the Department of Social Protection. In that regard, the Community Welfare Service appeals system has been integrated with the Social Welfare Appeals Office and this has resulted in the transfer of 10 additional Appeals Officer from that date. However the integration is expected to add a further 9,000 appeals to the numbers registered in the Social Welfare Appeals Office in a full year. In addition to the provision of additional staff, I am assured by the Chief Appeals Officer that she is keeping the methods of operation by which the Social Welfare Appeals Office conducts its business under constant review, and that the processes are continuously being enhanced to reduce the backlogs in the Office and, overall, to reduce the processing times for dealing with appeals. As a result of the various initiatives taken, there has been an increase in the number of decisions made by Appeals Officers of 5,708 in the first 10 months of 2011 in comparison to the same period in 2010, as well as a reduction in the backlog of 2,863 in the same period.

660 Questions— 15 November 2011. Written Answers

Social Welfare Benefits 302. Deputy Jack Wall asked the Minister for Social Protection the position regarding an application for rent allowance in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [34276/11]

Minister for Social Protection (Deputy Joan Burton): The community welfare service (CWS) and the community welfare officers providing it transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP. The person concerned has made an application for rent supplement on 7 November and has been requested to provide further information in order to process her claim. A decision will be made on her application when the information has been provided.

Social Welfare Appeals 303. Deputy Terence Flanagan asked the Minister for Social Protection her views on a matter (details supplied) regarding an appeal for the invalidity pension; and if she will make a state- ment on the matter. [34280/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 29 September 2011. It is a statutory requirement of the appeals process that the relevant Depart- mental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred in due course to an Appeals Officer for consideration. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

304. Deputy Brendan Ryan asked the Minister for Social Protection if she will expedite an application for jobseeker’s allowance in respect of a person (details supplied) in County Dublin; when the claim will go into payment; and if she will make a statement on the matter. [34291/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 01 October 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred in due course to an Appeals Officer for con- sideration. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Question No. 305 answered with Question No. 300.

306. Deputy Michael Creed asked the Minister for Social Protection when a decision will issue on a supplementary welfare allowance appeal by a person (details supplied) in County Cork; and if she will make a statement on the matter. [34312/11]

Minister for Social Protection (Deputy Joan Burton): Following on from the transfer of the Community Welfare Service from the Health Services Executive (HSE) to the Department of Social Protection, with effect from Saturday 1st October, legislation was commenced which provides that appeals for supplementary welfare allowance (SWA) will be made to the Social Welfare Appeals Office. Up to now, the legislation provided for a 2 step process, first to the Health Services Executive (HSE) and, if still dissatisfied, to the Social Welfare Appeals Office.

661 Questions— 15 November 2011. Written Answers

[Deputy Joan Burton.]

As part of that process, any appeals that have been submitted in recent weeks to the HSE are being transferred to the Social Welfare Appeals Office. These appeals will be registered and acknowledged by the Social Welfare Appeals Office in due course. In this case, I am informed by the Social Welfare Appeals Office that an appeal for SWA for the person con- cerned has not yet been registered. The Chief Appeals Officer has assured me that all appro- priate measures are being taken to address the smooth transfer of SWA appeals to her office. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits 307. Deputy Gerry Adams asked the Minister for Social Protection if she will review a decision to refuse back to school clothing and footwear allowance to a person (details supplied) in Dublin 17; and the position regarding the application. [34314/11]

Minister for Social Protection (Deputy Joan Burton): The Back to School Clothing and Footwear Allowance (BSCFA) scheme assists eligible categories of people with the cost of school clothing and footwear. The allowance is paid in respect of eligible children between the ages of 2 and 17 years of age and between the ages of 18 and 22 years of age if in full time education in respect of which a qualified child allowance (QCA) is being paid. As the person concerned is not currently in receipt of a qualified child allowance for her son, a payment of BSCFA cannot be made in this instance. The person concerned was notified of this decision. A subsequent review of her claim also upheld the decision to refuse a payment of BSCFA and the person concerned was advised of the review decision in writing.

308. Deputy Bernard J. Durkan asked the Minister for Social Protection the basis on which it is justified to withdraw payment of invalidity pension in the case of a person (details supplied) in County Kildare in view of the incontrovertible medical evidence (details supplied) demon- strating a permanent incapability of work; and if she will make a statement on the matter. [34353/11]

Minister for Social Protection (Deputy Joan Burton): Invalidity pension is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the contribution conditions. Following a review of continued entitlement to invalidity pension and based on medical evidence provided by the person concerned, the medical assessor expressed the opinion that the person concerned was no longer eligible for invalidity pension. Accordingly, a decision was made that he was not entitled to invalidity pension with effect from 23 November 2011. He was notified of this decision in writing on 25 October 2011. The further medical evidence provided with this parliamentary question will be forwarded to a medical assessor for further consideration and the decision will be reviewed by a deciding officer upon receipt of the medical assessor’s opinion. The person concerned will be notified directly of the outcome of this review.

309. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when job- seeker’s allowance payment will be restored in the case of a person (details supplied) in County Dublin in view of evidence of attempts to obtain further employment; and if she will make a statement on the matter. [34354/11]

662 Questions— 15 November 2011. Written Answers

Minister for Social Protection (Deputy Joan Burton): Jobseeker’s allowance payments to the person concerned have been restored with effect from 19 October 2011. Arrears due will be included in the payment on 16 November 2011.

Social Welfare Appeals 310. Deputy Sandra McLellan asked the Minister for Social Protection further to Parliamen- tary Question No 213 of 8 November 2011, if she will expedite and approve an application for rent allowance now under appeal in respect of a person (details supplied) taking into consider- ation that the current accommodation is not wheelchair friendly, has no downstairs bedroom or toilet facility, cannot be adapted and the local authority is unable to provide suitable alternative accommodation; the action she will take to address the situation; and if she will make a state- ment on the matter. [34374/11]

Minister for Social Protection (Deputy Joan Burton): Following on from the transfer of the Community Welfare Service from the Health Services Executive (HSE) to the Department of Social Protection, with effect from Saturday 1st October legislation was commenced which provides that appeals for supplementary welfare allowance (SWA) will be made to the Social Welfare Appeals Office. Up to now, the legislation provided for a 2 step process, first to the Health Services Executive (HSE) and, if still dissatisfied, to the Social Welfare Appeals Office. As part of that process, any appeals that have been submitted in recent weeks to the HSE are being transferred to the Social Welfare Appeals Office. These appeals will be registered and acknowledged by the Social Welfare Appeals Office in due course. In this case, I am informed by the Social Welfare Appeals Office that an appeal for SWA for the person con- cerned has not yet been registered. The Chief Appeals Officer has assured me that all appro- priate measures are being taken to address the smooth transfer of SWA appeals to her office. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Services for People with Disabilities 311. Deputy Ciarán Lynch asked the Minister for Social Protection the provisions that have been made to facilitate and encourage the participation of persons with a disability in the national internship scheme; and if she will make a statement on the matter. [34467/11]

Minister for Social Protection (Deputy Joan Burton): The overall objective of labour market policy is to provide a pathway to appropriate employment, training and education opportunities for those on the Live Register so that as employment opportunities become available they can be taken up by those on the Register. For this reason, in order to be eligible to participate in JobBridge — the National Internship Scheme — an individual must:

• currently be on the Live Register;

• have been in receipt of Jobseekers Benefit, Jobseekers Allowance or signing for Social Insurance Contribution Credits for a total of 3 months or more in the last 6 months.

Given the scale of the unemployment crisis, it is imperative to keep those on the Live Register close to the labour market and prevent the drift into long-term unemployment. This will ensure that those availing of activation measures such as the National Internship Scheme will gain

663 Questions— 15 November 2011. Written Answers

[Deputy Joan Burton.] work experience and so be in a better position to avail of employment opportunities as the economy improves. For these reasons, eligibility for the scheme is confined to those on the Live Register and in receipt of unemployment payments or signing for credits for 3 months. In so designing the scheme, the policy objective is to prioritise scarce resources on those on the Live Register so as to increase their chances of leaving it and ensure a reduction in Exchequer costs over time. Individuals who are in receipt of a disability allowance can access the FÁS Work Placement Programme, which provides participants with a work experience placement of between two and nine months. During this time participants may be able to retain their social welfare entitlements. In addition, people in receipt of a disability allowance can access a range of other specific programmes, such as the Supported Employment Programme and the Wage Subsidy Scheme. Both of these programmes aim to assist people with a disability to secure and maintain a job in the labour market.

Social Welfare Appeals 312. Deputy Sean Fleming asked the Minister for Social Protection when a decision will issue on an appeal for a domiciliary care allowance in respect of a person (details supplied) in County Laois; and if she will make a statement on the matter. [34496/11]

Minister for Social Protection (Deputy Joan Burton): In the case in question, an application for domiciliary care allowance (DCA) was received on 24 January 2011. This application was referred to one of the Department’s Medical Assessors who found that the child was not medically eligible for DCA. A letter issued on the 10 February 2011 refusing the allowance. The person concerned subsequently lodged an appeal against this decision. She was informed by the Social Welfare Appeals Office on the 20 October 2011 that the appeal had been disal- lowed. The decision/appeal process for this application is now complete. If the person con- cerned has additional information which was not made available to the deciding officer and appeals officer when they made their decisions, it is open to her to re-apply for the payment.

Appointments to State Boards 313. Deputy Liam Twomey asked the Minister for Social Protection the number of positions on State boards and agencies under her aegis which she has advertised in the past seven months; the number of applications received; the number of applicants subsequently appointed; and if she will make a statement on the matter. [34511/11]

Minister for Social Protection (Deputy Joan Burton): There are three statutory bodies operating under the aegis of the Department of Social Protection, namely the Social Welfare Tribunal, the Citizens Information Board and the Pensions Board. In addition, the Office of the Pensions Ombudsman comes under the remit of the Department but it does not have a board. No appointment has been made to either the board of the Social Welfare Tribunal or to the Pensions Board in the last seven months. An appointment was made to the Citizens Information Board in September. When this vacancy arose a public request for expressions of interest from suitably qualified and experi- enced individuals was made. Some 172 applications were received and an appointment was made following a rigorous selection process in accordance with the legislation governing appointments to such a board. Details of current board members and appointments are avail- able on the Department’s website at www.welfare.ie/EN/AboutUs/Pages/stateagencies.aspx.

664 Questions— 15 November 2011. Written Answers

Public Services Card 314. Deputy Tom Hayes asked the Minister for Social Protection her plans to introduce a system of biometric ID cards for persons claiming social welfare; if they are to be introduced, the security arrangements in place to protect the information contained on the cards; and if she will make a statement on the matter. [34533/11]

Minister for Social Protection (Deputy Joan Burton): The Department has developed, in conjunction with a number of other Government Departments, the specifications for a Public Services Card (PSC) under the Standard Authentication Framework Environment (SAFE) programme. The aim is to develop a card that acts as a key for access to public services in general. The phased introduction of the Public Services Card started last month. The registration process is currently being piloted in a number of local offices in the Department, including Tullamore, Sligo and King’s Inn in Dublin. Roll out of the card will be done as securely and speedily as possible but it will take a number of years to complete. The initial focus will be on roll out to Department clients of working age. The card will store photographs but it is not planned to store other biometric information such as fingerprints or eye retinas. The front of the card shows a person’s name, photograph and signature, along with the card expiry date. The back of the card shows the person’s PPS Number and a card number. It also has a magnetic stripe for compatibility with existing Social Services Cards. The card will electronically hold a person’s name, PPS Number, date of birth, place of birth, sex, nationality, all former surnames, all former surnames of their mother, a photograph and a signature. The principle is that the card only holds identifying data and that any other sensitive data relating to a particular use would be held on a secure server in the relevant agency. The Public Services Card has multiple protection mechanisms, all of the highest current international standards, to prevent and detect tampering with the physical card and its contents. The Deputy will appreciate that it would be unwise to elaborate on these security mechanisms. In addition, a PSC and a card reader will communicate with each other by cryptographic means. Only card readers specifically programmed to accept PSCs can undertake this functionality.

Question No. 315 withdrawn.

Social Welfare Appeals 316. Deputy asked the Minister for Social Protection if carer’s allowance will be expedited in respect of a person (details supplied) in County Limerick. [34555/11]

Minister for Social Protection (Deputy Joan Burton): The person concerned was refused carer’s allowance in respect of a second care recipient on grounds that the care recipient is not so disabled as to require full-time care and attention as prescribed in regulations. On 22 October 2010, she was notified of this decision. She appealed this decision to the Social Welfare Appeals Office. An appeals officer, having fully considered the evidence, disallowed the appeal of the person concerned as it had not been established that the qualifying conditions had been met. The medical evidence indicated the need for some support but not for full-time care and attention within the meaning of the relevant social welfare legislation. She was notified accordingly on 3 August 2011. The decision of an appeals officer is final and may only be reviewed in the light of new evidence or new facts not already presented at the time of appeal. There is no evidence of any new information in this case having been received in my department nor in the Social Welfare Appeals Office.

665 Questions— 15 November 2011. Written Answers

Social Welfare Benefits 317. Deputy Michelle Mulherin asked the Minister for Social Protection the reason a pay- ment for rent supplement was stopped in respect of a person (details supplied) in County Mayo; and if she will make a statement on the matter. [34558/11]

Minister for Social Protection (Deputy Joan Burton): In the time frame available, I regret that my Department is not in a position to reply to this question. My Department will be in contact with the Deputy over the coming days and will reply in full to the question raised.

Ministerial Staff 318. Deputy Mary Lou McDonald asked the Minister for Social Protection the number of her constituency and parliamentary staff, appointed following the February 2011 elections, on salaries that exceed their applicable pay scale grade; the number of her existing and parliamen- tary staff employed prior to the February 2011 elections but awarded salary increases following the election that exceed their applicable pay scale grade; and if she will provide their annual salary details in a tabular format. [34576/11]

Minister for Social Protection (Deputy Joan Burton): Since my appointment on 9 March 2011, I have appointed a Special Adviser, a Press Adviser, a Personal Assistant and a Per- sonal Secretary. The applicable pay scale grade for Special Advisers is the Principal Officer (standard) scale: €80,051 to €92,672. As my Special Adviser was previously employed in the private sector on a salary package that was more than twice the highest point of the Principal Officer (standard) scale, I sought sanction from the Minister for Public Expenditure and Reform for remuneration in excess of the applicable pay scale grade. A single point salary of €127,796 was sanctioned by the Minister for Public Expenditure and Reform effective from 29 July 2011. This represents a reduction of over one third in my Special Adviser’s previous salary in the private sector. My other staff are paid within the appropriate applicable pay scale grades.

Question No. 319 answered with Question No. 268.

Social Welfare Benefits 320. Deputy Michael McNamara asked the Minister for Social Protection the amount that has been expended on child benefit in each year from 2000 to date in 2011; the number of children in respect of whom these payments were made, respectively; the measures, such as progressive taxation, taken by her to ensure that these payments aided those most in need over parents of less needy children; and if she will make a statement on the matter. [34588/11]

321. Deputy Michael McNamara asked the Minister for Social Protection the amount that has been expended on child benefit in each year from 2000 to date in 2011; the number of children in respect of whom these payments were made, respectively; the measures, such as progressive taxation, taken by her to ensure that these payments aided those most in need over parents of less needy children; and if she will make a statement on the matter; and if she will make a statement on the matter. [34597/11]

Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 320 and 321 together. The tabular statement below details number of families and children in receipt of Child Benefit from 2000 to 2010 as well as expenditure over that period. Details for expenditure up

666 Questions— 15 November 2011. Written Answers to end October 2011 and for recipient families/children in September 2011 are also provided. Child Benefit is a universal payment that assists parents in relation to the costs associated with raising children and it contributes towards alleviating child poverty. The Government is con- scious that this payment is an important source of income for all families with children, partic- ularly during a time of recession and unemployment. The Department of Social Protection also provides assistance to low income families with children through increases to primary social welfare payments in respect of qualified children and through the family income supplement. Taxation of Child Benefit is a matter for my colleague the Minister for Finance. The taxation of Child Benefit, along with means testing or income testing of the payment, have been iden- tified as possible approaches to making Child Benefit more selective. While these approaches could have the effect of facilitating increased targeting of support to lower-income households, they vary considerably in their effects and practical implementation. Analysis of both of these approaches has noted that there are considerable logistical and legal issues associated with both taxation and means testing of Child Benefit. Furthermore, there are common difficulties in relation to defining income, the unit of assessment and the scale of administrative effort required. Moreover, the taxation or means testing of Child Benefit would only address one of the main child income support payments and would not in itself create a better design of the overall child income support system. Taking everything into account, I would prefer that any reforms in this area would compre- hensively address the broad range of issues raised in earlier analysis of these approaches. For this reason I have asked the Advisory Group on Tax and Social Welfare, which I established last June, to prioritise the issue of family and child income supports. The group is considering various approaches in relation to child income support payments to ensure that outcomes in relation to employment incentives and child poverty are improved.

Expenditure and Number of Beneficiaries of Child Benefit, 2000 to 2011

Year Expenditure Number of Children Number of Families

€000 2000 637,543 1,018,175 510,840 2001 964,847 1,014,340 514,919 2002 1,462,793 1,019,551 522,441 2003 1,666,530 1,034,851 534,009 2004 1,765,117 1,051,005 540,911 2005 1,899,936 1,060,740 547,540 2006 2,056,295 1,083,980 562,860 2007 2,232,974 1,110,715 579,612 2008 2,453,957 1,141,938 596,108 2009 2,495,304 1,156,917 602,932 2010 2,213,497 1,124,003 591,432 2011* 1,722,000 1,138,423 598,614 *Expenditure for 2011 covers period to end October; children and family beneficiaries are for end September 2011

Social Welfare Appeals 322. Deputy John McGuinness asked the Minister for Social Protection when carer’s allow- ance will be approved in respect of a person (details supplied) in County Carlow; and if she will expedite this matter. [34600/11] 667 Questions— 15 November 2011. Written Answers

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person’s oral hearing will be heard, but s/he will be informed when arrangements have been made. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Depart- ment and is responsible for determining appeals against decisions on social welfare entitlements.

323. Deputy John McGuinness asked the Minister for Social Protection the position regard- ing an application for benefit in respect of a person (details supplied) in County Carlow; if the claim will be backdated to the original date of application; and if a response will be expedited. [34611/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an invalidity pension appeal by the person concerned was registered in that office on 13 June 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 28 October 2011 and the appeal will, in due course, be assigned to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

324. Deputy John McGuinness asked the Minister for Social Protection further to Parliamen- tary Question No. 310 of 25 October 2011 regarding a person (details supplied) in County Kilkenny, if this matter and claims have now been resolved; and if payments have been made to the client. [34614/11]

Minister for Social Protection (Deputy Joan Burton): I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, including that adduced at oral hearing, has allowed the appeal of the person concerned. The person concerned has been notified of the decision. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Redundancy Payments 325. Deputy John McGuinness asked the Minister for Social Protection further to Parliamen- tary Question No. 144 of 2 November 2011, if she will issue payment immediately to a person (details supplied) in County Kilkenny. [34615/11]

Minister for Social Protection (Deputy Joan Burton): My officials have confirmed that the cheque which issued to the person concerned on 9 March 2011 has not been cashed. A new cheque will be issued as soon as possible.

668 Questions— 15 November 2011. Written Answers

Social Welfare Benefits 326. Deputy Seán Ó Fearghaíl asked the Minister for Social Protection if she will expedite an application for rent supplement in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [34627/11]

Minister for Social Protection (Deputy Joan Burton): The community welfare service (CWS) and the community welfare officers providing it transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP. There is no record of a rent supplement application in respect of the person concerned. If the person concerned wishes to apply for rent supplement he should complete a rent sup- plement pack and return it to the Central Rents Unit, PO Box 11758, Dublin 7.

Social Welfare Appeals 327. Deputy Sean Fleming asked the Minister for Social Protection when a decision on an appeal for a domiciliary care allowance will issue in respect of a person (details supplied) in County Laois; and if she will make a statement on the matter. [34630/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 23 August 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeal Office on 07 October 2011 and the appeal was assigned to an Appeals Officer on 09 November 2011 who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Pension Provisions 328. Deputy Bernard J. Durkan asked the Minister for Social Protection the correct level of entitlement to contributory pension in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [34641/11]

Minister for Social Protection (Deputy Joan Burton): The qualifying conditions for State pension (contributory) require the applicant to: have entered into insurable employment before attaining the age of 56 years; have at least 260 paid contribution weeks, from employment or self-employment, since entry into insurance; and to satisfy the yearly average condition. According to the Department’s records, the person concerned has a total of 613 contributions and credits recorded from 1959 to 2009. This is equivalent to a yearly average of 12, which is sufficient to entitle her to a 50% State pension (contributory) with effect from 12 December 2009. In order to qualify for the maximum rate pension, a yearly average of 48 contributions or more would be required. The person concerned states that she worked for Irish Ceca as a Cleaner from 1983 to 1985. There are currently no contributions on record for these years. Her case has been referred to a Social Welfare Inspector for further investigation. Her pension entitlement will re-examined when the Inspector has concluded the investigation and she will be notified of the outcome.

669 Questions— 15 November 2011. Written Answers

Social Welfare Appeals 329. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when an appeal will be heard in respect of an application for disability allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [34644/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person’s oral hearing will be heard, but s/he will be informed when arrangements have been made. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Question No. 330 withdrawn.

Social Welfare Benefits 331. Deputy Patrick O’Donovan asked the Minister for Social Protection if she will provide a breakdown, from the start of 2010 to date, of the percentage of applications for carer’s allowance that have been refused, of that number the amount that have been appealed; and of those appealed the amount that have had the decision to refuse overturned; and if she will make a statement on the matter. [34656/11]

Minister for Social Protection (Deputy Joan Burton): In 2010, 16,629 new carer’s allowance claims were processed and 6,972 (or just under 42%) were refused in the year. 10,497 new claims were processed to the end of September 2011, of which 3,921 (or just over 37%) were refused. These figures relate to the initial decision made on each application. I am advised by the Social Welfare Appeals Office that 2,969 carer’s allowance appeals were received in 2010 and that 1,838 carer’s allowance appeals were received between 1 January 2011 and 31 October 2011. During 2010 a total 2,154 appeals were concluded, of which 1,215 (56%) had a successful outcome for the appellant. The relevant figures for 2011 (to end October) are 2,602 appeals concluded, of which 1,288 (49.5%) had a successful outcome. While roughly 52.5% of the combined totals (2,503) had a successful outcome for appellants, over half of these decisions (1,283) were in fact revised decisions made by deciding officers in carer’s allowance section, who reviewed the claim following the initial disallowance. These revised decisions arose primarily as a result of new facts or fresh evidence produced by the claimant after the initial decision on his/her claim. In such cases an appeals officer’s decision was not necessary. Of the 1,459 carer’s appeals determined by appeals officers in 2010, 520 were allowed or partially allowed (35.64%). In 2011, the relevant number allowed by appeals officers was 700 (just under 35%).

670 Questions— 15 November 2011. Written Answers

332. Deputy Seán Ó Fearghaíl asked the Minister for Social Protection if she will expedite an application for rent supplement in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [34667/11]

Minister for Social Protection (Deputy Joan Burton): The community welfare service (CWS) and the community welfare officers providing it transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP. The person concerned has made an application for rent supplement on the 8th of November and has been requested to provide further information in order to process her claim. A decision will be made on her application when the information has been provided.

333. Deputy asked the Minister for Social Protection the position regarding a back to school clothing and footwear allowance application in respect of a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [34677/11]

Minister for Social Protection (Deputy Joan Burton): The Back to School Clothing and Footwear Allowance (BSCFA) scheme assists eligible categories of people with the cost of school clothing and footwear. The allowance is paid in respect of eligible children between the ages of 2 and 17 years of age and between the ages of 18 and 22 years of age if in full time education in respect of which a qualified child allowance (QCA) is being paid. As the person concerned is not currently in receipt of a qualified child allowance for his daughter, a payment of BSCFA cannot be made in this instance.

334. Deputy Michael Creed asked the Minister for Social Protection if she will consider linking continuing entitlement to child benefit to school attendance; her views that this approach offers an opportunity to save funding whereby the obligation to pay child benefit to children not resident in the State would thereby be ended and simultaneously this approach could resolve the issue of truancy; and if she will make a statement on the matter. [34696/11]

Minister for Social Protection (Deputy Joan Burton): The question of how best to address the issue of truancy is primarily a matter for my colleagues, the Ministers for Education and Skills and for Children and Youth Affairs. Child benefit is a universal payment that assists parents with the cost associated with raising children and it contributes towards alleviating child poverty. It is paid monthly in respect of all children up to the age of 16 years and in respect of children over 16 years of age up to their 18th birthday who are in full time education or have a disability. The Government is conscious that this payment is an important source of income for all families, particularly during a time of recession and unemployment. There are no plans to introduce a condition in Ireland related to school attendance beyond that which currently exists for those aged 16 and 17. My Department is aware that while the payment of family and child related supports is conditional in some countries on availing of social services such as school attendance or health care, this tends to be a characteristic of social protection systems in developing countries and is not generally a feature of those in the EU. The Irish child benefit payment is classified as a family benefit for the purposes of the EU’s social security systems’ coordination rules and the payment of these benefits are governed by specific rules set out in EU Regulations 883/2004 and 987/2009. EU nationals who come to work in Ireland, and who pay Irish social insurance contributions, are entitled to receive child benefit in respect of their children, even if the children reside in another EU Member State.

671 Questions— 15 November 2011. Written Answers

[Deputy Joan Burton.] The equality provisions of the regulations require that these payments are made at the same rate and under the same conditions as apply to a person whose family is resident in Ireland. As in many areas of EU legislation, national legislation must be implemented in a manner that is compatible with EU legislation. It is therefore likely that changing the rules to confine payment of child benefit to children attending school in Ireland in order to avoid paying child benefit in respect of children not resident in the state would not be compatible with the current coordination rules. This is because attendance at a school or an educational institution in another EU Member State must be treated in the same way as attendance in Ireland.

335. Deputy Dominic Hannigan asked the Minister for Social Protection the number of persons who receive rent supplement for the past six months, for the past year, for two years, for three years, for four years, for five years, for six years, for seven years; and if she will make a statement on the matter. [34699/11]

336. Deputy Dominic Hannigan asked the Minister for Social Protection the number of persons in County Meath who received rent supplement in the years 2007, 2008, 2009, 2010 and 2011; the amount it cost in each year; and if she will make a statement on the matter. [34700/11]

Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 335 and 336 together. The community welfare service (CWS) and the community welfare officers providing it trans- ferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP. The following tabular statement shows the current number of rent supplement recipients by claim duration. I also set out below a tabular state- ment showing the number of recipients of rent supplement in County Meath from 2007 to 2011. Expenditure on rent supplement by county is not available.

Tabular Statements

Recipients of Rent Supplement by Claim Duration, 4 November 2011

Duration Recipients

0 to 6 months 23,622 6 to 12 months 18,847 1 to 2 years 24,948 2 to 3 years 15,259 3 to 4 years 5,667 4 to 5 years 2,279 5 to 6 years 1,646 6 to 7 years 1,083 7 years + 2,553

Total 95,904

(1) This represents unbroken continuous claims only. Where recipients change address, the claim at the new address may be recorded as a new claim and the duration spent at the previous address may not be taken into account in these statistics 672 Questions— 15 November 2011. Written Answers

(2) Claims with duration of precisely 6 months are recorded under the 6 to 12 months head- ing, claims with duration of precisely 1 year are recorded under the 1 to 2 years heading and so on.

Recipients of Rent Supplement in County Meath, 2007 to 2011

Year Recipients

2007 910 2008 1,453 2009 2,213 2010 2,552 2011* 2,653 * — 4 November 2011

Social Welfare Appeals 337. Deputy Patrick O’Donovan asked the Minister for Social Protection the position regard- ing an application for carer’s allowance in respect of a person (details supplied) in County Limerick; and if she will make a statement on the matter. [34710/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that a carer’s allowance appeal, by the person concerned, was registered in that office on 31 August 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 07 November 2011 and the appeal will, in due course, be assigned to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

338. Deputy John McGuinness asked the Minister for Social Protection if the further infor- mation submitted by a person (details supplied) in County Kilkenny, relative to their claim for domiciliary care allowance will now be considered; and if she will expedite an early response. [34717/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 01 September 2011. It is a statutory requirement of the appeals process that the relevant Depart- mental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 11 November 2011 and the appeal will, in due course, be assigned to an Appeals Officer for consideration. As part of this consideration, the Appeals Officer will consider all the evidence submitted in this case. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Question No. 339 withdrawn. 673 Questions— 15 November 2011. Written Answers

Architectural Heritage 340. Deputy Michael McNamara asked the Minister for Arts, Heritage and the Gaeltacht his views on preserving and maintaining the listed buildings known as Blake’s or Linnane’s Corner in Ennistymon, County Clare; if he will support the proposal to move the buildings complete and intact on their site to allow both for the creation of a new and improved junction or if he will favour their destruction and reconstruction; and if he will make a statement on the matter. [34561/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy ): Under the pro- visions of the Planning and Development Act 2000, each planning authority is required to include in its development plan a Record of Protected Structures. The structures known as Blake and Linnanes are included on the Record of Protected Structures for County Clare. Inclusion on the Record of Protected Structures places a duty of care on the owners and occupiers of protected structures and gives planning authorities powers to deal with develop- ment proposals affecting them in order to safeguard their future. Section 57(10)(b) of the Planning and Development Act 2000 states that ‘A planning auth- ority, or the Board on appeal, shall not grant permission for the demolition of a protected structure or proposed protected structure, save in exceptional circumstances’. My Department is in contact with Clare County Council and has previously advised that any proposal to demolish and rebuild these structures set back from the current building line is contrary to the thrust of the Planning and Development Act 2000 and would therefore require strong justification and a robust and detailed methodology that demonstrated that such an approach is both feasible and appropriate without any further loss of character than is abso- lutely necessary. My Department has also advised the local authority that if the envisaged removal and set back were to proceed, a sustainable and suitable new use would have to be found for both structures that takes into account a potential increase in traffic along this corner.

Wildlife Conservation 341. Deputy Eric Byrne asked the Minister for Arts, Heritage and the Gaeltacht the number of persons licensed to shoot deer; when the deer shooting season begins and ends; if he will confirm on a county basis the number of wildlife wardens; and if he will make a statement on the matter. [34690/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): Licences to hunt deer are issued by my Department on an annual basis to individuals under the Wildlife Acts. Over 4,200 such licences have been issued to date this year. The hunting season for deer is regulated by the Open Seasons Order. The current open season for most deer species, including Red, Fallow and Sika, operates from 1 September to 28 February, depending on the gender and age of deer. The hunting of red male deer is prohibited in the county of Kerry during the open season. There is a 12-month open season for Muntjac deer as it is considered to be an invasive species. As well as more senior regionally based officers of the National Parks and Wildlife Service (NPWS) of my Department, there are some seventy five NPWS conservation rangers stationed around the country who deal with enforcement matters under the Wildlife Acts; many of these officers carry out work in more than one county. In addition, members of an Garda Síochána have enforcement powers under these Acts.

674 Questions— 15 November 2011. Written Answers

Croke Park Agreement 342. Deputy Dominic Hannigan asked the Minister for Arts, Heritage and the Gaeltacht the number of Croke Park agreement projects that each State agency under his aegis are pro- gressing; if he will list each project by Department in tabular form; the amount to be saved by each project; the number that have been completed since the agreement came into force; and if he will make a statement on the matter. [34151/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): My Department recently published progress reports under the Public Service Agreement in respect of the bodies funded from its Vote Group. The reports are available on my Department’s website, which can be accessed at www.ahg.gov.ie. It should be noted that the Action Plans in question reflect the actions planned over the course of the agreement and savings arising.

Museum Projects 343. Deputy Clare Daly asked the Minister for Arts, Heritage and the Gaeltacht if he will consider contacting and offering support to the Balbriggan Maritime Museum (details supplied) in County Dublin. [34179/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): I regret to inform the Deputy that due to the difficult economic situation no new financial commitments can be contemplated by my Department at this time.

Appointments to State Boards 344. Deputy Liam Twomey asked the Minister for Arts, Heritage and the Gaeltacht the number of positions on State boards and agencies under his aegis which he has advertised in the past seven months; the number of applications received; the number of applicants subsequently appointed; and if he will make a statement on the matter. [34499/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): The information sought by the Deputy in relation to positions on State boards and agencies under the aegis of my Department advertised in the past seven months is set out in the following table.

State body Number of positions advertised in the past 7 Number of Number of months applications applicants received subsequently appointed (to date)

Heritage Council A general advertisement seeking expressions 77 0 of interest was published in May 2011. The number of positions was not specified. Arts Council A general advertisement seeking expressions 99 5 of interest was published in May 2011. The number of positions was not specified. Irish Film Board A general advertisement seeking expressions 51 0 of interest was published in June 2011. The number of positions was not specified. Irish Museum of Modern Art A general advertisement seeking expressions 67 0 of interest was published in May 2011. The number of positions was not specified. National Concert Hall A general advertisement seeking expressions 76 10 of interest was published in May 2011. The number of positions was not specified.

675 Questions— 15 November 2011. Written Answers

[Deputy Jimmy Deenihan.] State body Number of positions advertised in the past 7 Number of Number of months applications applicants received subsequently appointed (to date)

National Gallery of Ireland A general advertisement seeking expressions 27 0 of interest was published in June 2011. The number of positions was not specified. Chester Beatty Library One position was advertised. 0 0

Departmental Grants 345. Deputy Niall Collins asked the Minister for Arts, Heritage and the Gaeltacht the amount of grant aid approved for an organisation (details supplied) in County Limerick for the years 2005, 2006, 2007, 2008, 2009 2010 and to date in 2011. [34516/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): The annual administration grants provided to the organisation referred to by the Deputy from 2005 to date are set out in the table below.

Year Grant Provided

2005 €70,000 2006 €80,000 2007 €90,000 2008 €150,000 2009 €140,000 2010 €110,500 2011 €100,000

In addition to the above allocations, the organisation in question also received a number of project specific grants from my Department. In view of the constraints imposed by a “details supplied” Question, I am arranging for the information in regard to the allocations for those projects to be forwarded directly to the Deputy.

Ministerial Staff 346. Deputy Mary Lou McDonald asked the Minister for Arts, Heritage and the Gaeltacht the number of his constituency and parliamentary staff, appointed following the February 2011 elections, on salaries that exceed their applicable pay scale grade; the number of his existing and parliamentary staff employed prior to the February 2011 elections but awarded salary increases following the election that exceed their applicable pay scale grade; and if he will provide their annual salary details in a tabular format. [34564/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): As the Deputy will be aware, my Department was established on 2nd June 2011. No constituency or parliamentary staff in my Department, appointed either prior to or fol- lowing the February 2011 elections, received pay or pay increases that exceed their applicable pay scale grade. The staffing levels in the private offices and the constituency offices of both me and Minister of State Dinny McGinley, T.D., are consistent with the Guidelines on Staffing of Ministerial Offices, as approved by the Government earlier this year. 676 Questions— 15 November 2011. Written Answers

Departmental Correspondence 347. Deputy Niall Collins asked the Minister for Arts, Heritage and the Gaeltacht if he can advise on the queries raised in correspondence (details supplied) regarding the management of accounts; and if he will make a statement on the matter. [34720/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): The Deputy has raised a number of queries. I will have those queries examined by my Department and revert directly to the Deputy.

Capital Projects 348. Deputy Gerald Nash asked the Minister for Arts, Heritage and the Gaeltacht if he will provide details in relation to the number and value of State capital project contracts awarded to companies registered outside the State in the years 2009, 2010 and 2011 respectively; if he will provide details in respect of the number and value of State capital project contracts awarded to companies registered in the Republic of Ireland in the years 2009, 2010 and 2011 respectively; and if he will make a statement on the matter. [34803/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): The Deputy will appreciate that as my Department was established in 2011, it is not feasible for me to provide information relating to prior years. In this regard, the available information with respect to State capital project contracts awarded to companies in 2011 to date is set out in the table below. I regret, however, that such information is not readily available or retrievable in respect of the numerous discrete capital works, many of them of a minor nature, that are carried out each year as part of the day-to- day management of the 6 National Parks and 78 nature reserves that are under my Depart- ment’s remit. Compilation of such information in respect of this component of my Depart- ment’s capital operations would involve a disproportionate amount of time and work, and would be very difficult to justify. I am advised, however, that all procurement in this area is carried out in line with national and EU guidelines, which do not allow the exclusion of any company on the basis of country of origin.

Description of contract Country of origin Value of contract Year of registered company

Consultancy work in relation to development of Ireland €56,661 2011 Clifden and Inishbofin Aerodromes Phase 2, National Survey of Upland Habitats Ireland €274,955 2011 Woodland Monitoring Survey Ireland €185,215 2011 Monitoring survey and assessment of conservation Ireland €159,500 2011 status — Irish sand dune systems Provision of support in marine conservation objective Ireland €31,635 2011 setting Collection of waterbird data for Irish coastal SPAs Ireland €92,531 2011 Rescue excavation, Clare Ireland €8,640 2011 Rescue excavation, Galway Ireland €3,360 2011 Post-excavation, Kerry Ireland €484 2011 Post-excavation, Galway Ireland €8,318 2011 Post-excavation, Cork Ireland €5,705 2011 Post-excavation, Galway Ireland €1,089 2011

677 Questions— 15 November 2011. Written Answers

State Bodies 349. Deputy Mary Lou McDonald asked the Minister for Communications, Energy and Natural Resources if the chief executive of Ordnance Survey Ireland has agreed to repay the several thousand euros overpaid to her in salary over a period of two years in full by 31 December this year; if the correct salary has now been applied, including the January 2010 public service pay reduction, to the chief executive; and his view of the board of Ordnance Survey Ireland’s handling of this matter in its interactions with the Department over the past 18 months. [34591/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Arrangements for the payment of salaries to its staff, including the Chief Executive Officer, and the making of statutory deductions are day to day operational matters for Ordnance Survey Ireland as is the case with any Agency or Body Corporate under the aegis of my Department. In relation to the Chief Executive Officer, I understand that the Board has put in place arrange- ments to recover the overpayment of CEO salary and for an adjustment to be made in line with Government decisions on salaries.

Energy Conservation 350. Deputy Patrick Nulty asked the Minister for Communications, Energy and Natural Resources when the energy poverty strategy will be published. [33987/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Energy Affordability is a cross-cutting policy issue and tackling the root causes requires action on a number of fronts across Government and across Agencies. Energy poverty is caused by interac- tion between energy prices, thermal inefficiency of the home and income. Action to mitigate energy poverty has focused on providing assistance through the schemes operated by the Departments of Social Protection, Environment, Community and Local Government, and the Sustainable Authority of Ireland (SEAI). The Inter-Departmental/Agency Group on Affordable Energy, which is chaired by my Department and which represents all key Departments, Agencies and energy suppliers as well as the Energy Regulator and NGOs, finalised its own deliberations on the Affordable Energy Strategy over the summer months. I have recently completed a further round of discussions with the Ministers for Social Protec- tion and Environment, Community and Local Government, and it is my intention, with the approval of the Government to publish the Affordable Energy Strategy within the next few weeks. The Affordable Energy Strategy will be the framework for building upon the many measures already in place to protect households at risk from the effects of energy poverty, which include the thermal efficiency-based measures delivered through the Better Energy: Warmer Homes programme. Providing significant energy efficiency improvements to homes in, or at risk of, energy poverty, results in benefits to recipients in terms of energy affordability, tangible health improvements and overall well being.

Inland Fisheries 351. Deputy Joe McHugh asked the Minister for Communications, Energy and Natural Resources if he will list all rivers in County Donegal that are closed to anglers; the length of time of each closure; if he will describe any pertinent plans for re-opening; the reasons for

678 Questions— 15 November 2011. Written Answers closures of the rivers; the numbers of counters on each individual river; and if he will make a statement on the matter. [34142/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Regu- lations are made annually following statutory public consultation, for the management of the wild salmon and sea trout fishery, based on the scientific and management advice provided by Inland Fisheries Ireland (IFI). Every year salmon river stocks are reassessed and any new scientific information is included to ensure that the most up-to-date information is utilised in the formulation of the advice. If a river stock is determined to have surplus fish that are over and above the conservation limit for that river, a total allowable catch (TAC) is declared. I am advised that if a river is not achieving its conservation limits, it is either opened for angling on a catch and release basis (with limited associated mortality) or it is closed to all salmon and sea trout harvest. In accordance with the Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations 2010 (SI No. 665 of 2010) and the Conservation of Salmon and Sea Trout (Closed Rivers) Bye- law No. C.S. 306 of 2010, the Abbey, Ballintra (Murvagh), Laghy (Stream), Bungosteen and Erne rivers in the Ballyshannon Fishery District; and the Isle (Burn), Mill, Clonmany, Straid, Owennamarve, Swilly, Donagh, Culoort, Lackagh and Leannan rivers in the Letterkenny Fish- ery District in County Donegal were closed to salmon and sea trout fishing during the 2011 season, given the status of their respective stocks As the Deputy may be aware, I recently announced a 30 day public consultation process on the Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations 2011 and associated conservation measures, which will inform the management of the wild salmon and sea trout fishery for 2012, based on the scientific and management advice provided by IFI. The draft regulations provide, based on the latest assessment, the following changes to the status of rivers in 2012:—

(1) The Bungosteen river in the Ballyshannon Fishery District (closed in 2011) to open for catch and release angling;

(2) The Eany River in the Ballyshannon Fishery District and Gweedore (Crolly) River in the Letterkenny Fishery District (both open in 2011) are to open for catch and release only;

(3) The Clady and Glenna rivers in the Letterkenny Fishery District (both open for catch and release in 2011) to close for conservation purposes.

Full details are available on my Department’s website: (http://www.dcenr.gov.ie/Natural/Inland+Fisheries/). I understand there are five fish counters within the North Western River Basin District, which includes County Donegal. These are strategically located on the rivers Eske, Eany, Erne (2 at Cathaleen’s Fall and Cliff power stations) and Clady. The information gathered from these counters and other index counters along with catch data and surveys of spawning beds, fish populations and habitats, as well as juvenile electro-fishing results are relied upon to deter- mine rivers’ salmon stock status.

Croke Park Agreement 352. Deputy Dominic Hannigan asked the Minister for Communications, Energy and Natural Resources the number of Croke Park agreement projects that each State agency under his aegis are progressing; if he will list each project by Department in tabular form; the amount to

679 Questions— 15 November 2011. Written Answers

[Deputy Dominic Hannigan.] be saved by each project; the number that have been completed since the agreement came into force; and if he will make a statement on the matter. [34153/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Under the Public Service Agreement 2010-2014, detailed action plans have been developed by each State agency under the remit of my Department to underpin the change and reform process envisaged by the Agreement. The State Agencies concerned are set out in the table below. The Action Plans were first developed in October 2010 and subsequently revised in January 2011 and my Department has requested each Agency to make them available on their website. It should be noted that the Implementation Body for the Agreement is currently considering the progress reported on the implementation of Action Plans under the Croke Park Agreement in each sector during the period April to September 2011. The Body is due to publish a sum- mary of the progress reported to it on its website shortly. Once the Body has completed its consideration, the progress reports for this particular reporting period for individual public service bodies, including each State agency, will be published on their organisation’s websites.

AGENCY

Broadcasting Authority of Ireland (BAI) Commission for Communications Regulation (ComReg) Commission for Energy Regulation (CER) Digital Hub Development Agency (DHDA) Inland Fisheries Ireland (IFI) National Oil Reserves Agency (NORA) Ordnance Survey Ireland (OSi) Sustainable Energy Authority of Ireland (SEAI)

Energy Conservation 353. Deputy Terence Flanagan asked the Minister for Communications, Energy and Natural Resources his plans to include water harvesting in the warmer homes scheme; and if he will make a statement on the matter. [34200/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I have no plans to include water harvesting (i.e. rain capturing) in the Better Energy: Warmer Homes scheme, which provides energy efficiency improvements to low-income homes, and is by defini- tion designed to improve the energy performance of domestic dwellings. Water Harvesting is a water management technique and thus more appropriate to my colleague, the Minister for the Environment, Community and Local Government and not one in which I have any function.

Telecommunications Services 354. Deputy Patrick O’Donovan asked the Minister for Communications, Energy and Natural Resources if his attention has been drawn to practices (details supplied) within the mobile telephone industry; if he is satisfied that the area is adequately regulated; and if he will make a statement on the matter. [34343/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The primary purpose of Part 2 of the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 is to ensure the more effective regulation 680 Questions— 15 November 2011. Written Answers of the premium rate sector in the interest of consumer protection, including the prevention of scams and fraud. Under the provisions of that Act, the Commission for Communications Regulation (ComReg) has statutory responsibility for the regulation of premium rate services. ComReg has made Regulations specifying the classes or types of premium rate services (PRS) that are required to be licensed, the terms and conditions that may be attached to a licence and the information that PRS providers shall provide to ComReg upon request The Act provides for the continuation of the Code of Practice that was in place at the time when responsibility for the regulation of the PRS industry was conferred on ComReg. The Act also provides for ComReg to, through consultation with the industry and other interested par- ties, prepare and publish a Code of Practice to be followed by premium rate service providers. Compliance with the Code of Practice is a condition of a licence. ComReg is in the process of concluding its consultation on a revised Code of Practice and intends to publish the new Code in the coming weeks. It is anticipated that this Code will enhance transparency and protections for users of premium rate services. The Act also provides ComReg with enforcement powers to ensure that licence conditions are met. It provides the necessary investigation powers for ComReg to ensure that the con- ditions of a licence are being complied with. ComReg has the power to revoke, amend or suspend a PRS licence where it finds the holder has failed to comply with a licence condition. I am satisfied that ComReg has the statutory powers necessary to protect the interests of PRS users. Any complaint regarding such services should, in the first instance, be directed to Com- Reg. Comprehensive information on the rights of individuals and complaints procedures is available on the ComReg’s website www.phonesmart.ie.

Appointments to State Boards 355. Deputy Liam Twomey asked the Minister for Communications, Energy and Natural Resources the number of positions on State boards and agencies under his aegis which he has advertised in the past seven months; the number of applications received; the number of appli- cants subsequently appointed; and if he will make a statement on the matter. [34501/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The Deputy will be aware of the Government Decision of 12th April 2011 regarding new procedures for Appointments to State Boards. Accordingly, on 3rd June 2011 I publicly sought Expressions of Interest for inclusion among those to be considered for appointment for vacancies which are to arise in bodies under the aegis of my Department up top end 2011. Following the public notice on my Department’s website, and up to the closing date for receipt of Expressions of Interest applications (17th June 2011), I received 31 such expressions for the positions on State Boards which fall to be filled in 2011. The following table details the boards for which vacancies were advertised and the appoint- ments made to date, from the Expressions of Interest received, taking into consideration quali- fications and legislative requirements where applicable:

Board Number of Appointments made from Expressions of Interest received to date

An Post 0 EirGrid 2 Bord na Móna 0

681 Questions— 15 November 2011. Written Answers

[Deputy Pat Rabbitte.] Board Number of Appointments made from Expressions of Interest received to date

Digital Hub Development Agency 0 Sustainable Energy Authority of Ireland 1 Ordnance Survey Ireland 0

Offshore Exploration 356. Deputy Thomas Pringle asked the Minister for Communications, Energy and Natural Resources if an environmental impact assessment was carried out in Broadhaven Bay and Sruwaddacon Bay in County Mayo; and if he will make a statement on the matter. [34549/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I assume that the Deputy is referring to an environmental impact assessment related to the Corrib gas project. In February of this year consent was granted under Section 40 of the Gas Acts, for the construction of a natural gas pipeline from the Corrib subsea facilities approxi- mately 83 km offshore, to the Corrib gas terminal at Bellanaboy. The route of that pipeline passes through Broadhaven Bay and under Sruwaddacon Bay. The Gas Acts consent was informed by an environmental impact assessment.

Ministerial Staff 357. Deputy Mary Lou McDonald asked the Minister for Communications, Energy and Natural Resources the number of his constituency and parliamentary staff, appointed following the February 2011 elections, on salaries that exceed their applicable pay scale grade; the number of his existing and parliamentary staff employed prior to the February 2011 elections but awarded salary increases following the election that exceed their applicable pay scale grade; and if he will provide their annual salary details in a tabular format.. [34566/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Since my appointment as Minister one member of my staff, a Special Adviser, has been appointed at a salary that exceeds the applicable pay scale for the grade. This staff member was not employed by me prior to my appointment and his annual salary of €97,200 was approved by the Minister for Public Expenditure and Reform.

National Broadband Scheme 358. Deputy Tom Fleming asked the Minister for Communications, Energy and Natural Resources the take up by subscribers to the national broadband scheme in view of the fact that the anticipated number countrywide was 126000; the anticipated number of subscribers for County Kerry; the number that have joined to date in 2011; the percentage of the country that is now provided with adequate coverage; and due to numerous broadband blackspots in Kerry, his views that it is essential that this scheme be urgently rolled out to all parts of County Kerry. [34694/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I understand that the number of subscriptions to date under the National Broadband Scheme (NBS) is 38,017, of which 3,550 are located in County Kerry. I must stress that in designing the NBS in 2008, my Department did not set a target of customer numbers. It is important to note that had my Department set target numbers for the Scheme, it would have exposed the public purse to an unacceptable risk as the successful bidder could argue that any shortfall in customer 682 Questions— 15 November 2011. Written Answers numbers (and revenue) would need to be compensated by the Department. Consequently, the taxpayer carries no risk on the lower than expected take-up. The rollout of the NBS network was completed in October 2010 and broadband services are now available to persons with a fixed residence or fixed business in each of the 1,028 designated electoral divisions (EDs) of the NBS Coverage Area, including the 85 EDs covered in County Kerry. More generally, the key fact is that by virtue of the investment in the NBS, broadband services have been made available to circa 237,000 premises throughout the designated NBS areas. As the Deputy will appreciate subscription to the NBS is a matter for individual decision by persons in eligible areas. From the beginning of this year, a total of 8,432 customers have subscribed to the Scheme, of which 1,190 are from County Kerry. Forecast NBS subscriber numbers on a county basis are not available from the NBS service provider, 3 Ireland. Since the NBS contract was signed there has been an increased level of broadband avail- ability from competitor service providers throughout rural parts of Ireland. In line with State aid rules, the State can only intervene in cases of market failure. Any call to include a new area into the NBS would have to be assessed on objective grounds and in line with the EU Commission’s decision approving the Scheme and the consequent implementation of the NBS using electoral divisions. There are no plans to extend the areas covered under the NBS at this stage of project implementation. The Rural Broadband Scheme, which will be rolled out next year, is aimed at making broadband services available to individual un-served premises in rural non-NBS areas. The completion of the roll-out phase of the NBS, in addition to the individual connections likely to feature in the Rural Broadband Scheme, means that Ireland will reach the EU Com- mission’s “Digital Agenda for Europe” target of having basic broadband available to everybody in advance of the 2013 deadline.

Capital Projects 359. Deputy Gerald Nash asked the Minister for Communications, Energy and Natural Resources if he will provide details in relation to the number and value of State capital project contracts awarded to companies registered outside the State in the years 2009, 2010 and 2011 respectively; if he will provide details in respect of the number and value of State capital project contracts awarded to companies registered in the Republic of Ireland in the years 2009, 2010 and 2011 respectively; and if he will make a statement on the matter. [34805/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): In the time available, it has not been possible to identify and assemble the information requested. My Department is in the process of identifying and assembling the information and I will revert to the Deputy as soon as possible.

Electricity Generation 360. Deputy Jim Daly asked the Minister for Communications, Energy and Natural Resources the amount of profit made by ESB Electric Ireland for each of the past ten years in tabular form; and if he will make a statement on the matter. [34841/11]

361. Deputy Jim Daly asked the Minister for Communications, Energy and Natural Resources the amount of turnover by ESB Electric Ireland for each of the past ten years in tabular form. [34842/11]

683 Questions— 15 November 2011. Written Answers

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I pro- pose to take Questions Nos. 360 and 361 together. ESB Electric Ireland was established in 2010 as ESB’s single supply business and comprises the previously separated ESB Independent Energy (ESBIE), Customer Supply and Energy Services. Financial details of the ESB Group, including ESB Electric Ireland, are available in the Annual Report and Accounts of the company which are available on its website at the following web address: http://www.esb.ie/main/about-esb/company-profile.jsp

Animal Welfare 362. Deputy Simon Harris asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the problems posed by puppy farms here; his plans to tackle these farms; if he proposes to introduce legislation in this area in the near future; and if he will make a statement on the matter. [34074/11]

366. Deputy Patrick Nulty asked the Minister for the Environment, Community and Local Government when he intends to sign legislation outlawing puppy farms. [33994/11]

404. Deputy Noel Grealish asked the Minister for the Environment, Community and Local Government when the Dog Breeding Establishment Bill, which was passed by Dáil Éireann in July 2010, will be signed into law; and if he will make a statement on the matter. [34632/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I propose to take Questions Nos. 362, 366 and 404 together. The Dog Breeding Establishments Act 2010, developed by the previous Government, was signed by the President on 21 July, 2010. The Act provides that all dog breeding establishments be required to register with the rel- evant local authority, that they pay a registration fee and that they meet a minimum set of veterinary, welfare and other standards, together with some associated requirements. Alongside the Dog Breeding Establishments Act, separate legislation on the related issue of greyhound welfare, which is the responsibility of the Minister for Agriculture, Food & the Marine, has now passed all stages in the Oireachtas. This legislation — the Welfare of Grey- hounds Bill 2011 — will provide for the welfare of greyhounds and the regulation of greyhound breeding establishments. The provisions of both these pieces of legislation are complementary and accordingly, it is my intention to implement the Dog Breeding Establishments Act in tandem with the Welfare of Greyhounds Bill. This will give wide ranging protection to all dogs in the State by registering and controlling all breeding establishments. I will be finalising my position in relation to the commencement of the Dog Breeding Establishments Act following the enactment of the Welfare of Greyhounds Bill.

Natural Heritage Areas 363. Deputy Eric Byrne asked the Minister for the Environment, Community and Local Government in view of the increased footfall in persons hill walking and walking in general in the countryside here, if his attention has been drawn to the effect that this is having in terms of erosion; and if so, the measures being taken to curb erosion due to this increased footfall in our countryside; if his further attention has been drawn to the continued illegal use of dune buggies, scramblers and other motor vehicles on our national trails; his plans to ensure that their continued illegal use is halted; and if he will make a statement on the matter. [34692/11]

684 Questions— 15 November 2011. Written Answers

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The matters raised in this question relate to the responsibilities of a number of Government Departments and Agencies. These include my own Department which is responsible for the implementation of the National Countryside Recreation Strategy and the administration of the Walks Scheme; the Department of Arts, Heritage and the Gaeltacht with regard to the National Parks and Wildlife Services; the Department of Transport, Tourism and Sport with regard to the Irish Sports Council / National Trails Office, and Fáilte Ireland among others. Much work has been undertaken recent years to improve access to the countryside for rec- reational purposes and to develop the outdoor activity tourism sector. Outdoor recreation and activity tourism is a specific growth market which the Government is committed to developing, to support job creation and development opportunities in rural areas particularly. The actions of many State Agencies and National Governing Bodies for outdoor activities are focussed through Comhairle Na Tuaithe (the Countryside Council) in delivering on the implementation of the National Countryside Recreation Strategy. Two of the Strategic Objec- tives of this Recreation Strategy are:—

1. To achieve sustainable and responsible recreation in the countryside.

2. To promote caring recreational use of the countryside.

The development of guidelines on how to reduce the negative environmental and social impacts of large-scale rural recreation events is one of the priority actions being considered by Comh- airle na Tuaithe. Intervention is required on some popular walking routes to prevent damage to the environment. The work being done by voluntary groups in the Dublin and Wicklow mountains provides a positive example of the recreation community taking responsibility for its impact. In other areas, early light touch intervention could prevent the need for expensive and intrusive path repair in the future. The Irish Sports Council established a National Trails Office in 2007 to monitor and maintain a register of all recreational trail development around the country. The National Trails Office also promotes standards on trails and coordinates a trail inspection programme where safety, environmental and other important issues, including evidence of erosion, are identified on developed trails and reported to local management groups. While maintenance systems are still not fully developed on a number of promoted trails, and funding is currently limited, the overall maintenance and upkeep of many developed walking trails throughout the country has improved significantly in recent years. While it is generally not illegal to use dune buggies, scramblers and other motor vehicles on our national trails, it is undesirable and is usually prohibited. All such trails are on private property or lands owned by State Agencies such as Coillte. On Coillte lands, for example, the company has power to introduce by-laws to manage inappropriate activity and can sub- sequently enforce these as required. Additionally, under Regulation 29 of the European Communities (Birds and Natural Habitats) Regulations 2011 (which replaced earlier regulations), the Minister for Arts, Heritage and the Gaeltacht has power to regulate, by direction, activities in specified places where such activities are likely to damage or seriously disturb nature sites or species of wildlife protected under EU law . At present there are 15 such directions in force. Most of these relate to the use of recreational vehicles and are a mechanism to protect sensitive habitats such as Special Protection Areas (for birds) and Special Areas of Conservation.

685 Questions— 15 November 2011. Written Answers

National Homelessness Strategy 364. Deputy Patrick Nulty asked the Minister for the Environment, Community and Local Government the number of housing units provided this year for persons who were previously on local authority homeless lists. [33989/11]

365. Deputy Patrick Nulty asked the Minister for the Environment, Community and Local Government when he will complete and publish the review of the national homeless strategy The Way Home. [33990/11]

382. Deputy Patrick Nulty asked the Minister for the Environment, Community and Local Government if the Counted In study calculating the number of persons in homeless services will be conducted in 2011. [34281/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I propose to take Questions Nos. 364, 365 and 382 together. My Department’s role in relation to homelessness involves the provision of a national frame- work of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at local level. Statutory responsibility in relation to the provision of accom- modation for homeless persons and the maintenance of housing/homeless lists resides with the 88 housing authorities and my Department does not hold the information requested in relation to persons who were previously on local authority homeless lists. In respect of counting numbers of people in homeless services, the Pathway Accommodation & Support System (PASS) is an accommodation management and inter-agency service user support system which is being developed in accordance with priority actions of the implementation plan set out under the national homeless strategy 2008-2013 The Way Home . The system commenced in January 2011 and is currently in use by almost all service providers of homeless accommodation and outreach supports in the Dublin region. Work to ensure consistency of use and accurate information recording by the service pro- viders, as well as the elimination of duplicate records, validation of data etc., has been com- pleted in the Dublin region and roll out nationally will now commence. Roll out will be on a phased basis and the first phase will consist of the South West and North East Regions compris- ing the County and City authorities of Cork, Kerry, Louth, Monaghan and Cavan. It is intended that the PASS system will be rolled out across the entire country by end 2012 providing that no unforeseen issues arise during the initial roll out phase. The PASS system will in future provide good quality, timely, data on homelessness nationally as an evidence base for all homeless services. PASS will determine the numbers in homeless services for the Dublin region in 2011 and pending roll out nationally ‘Counted In’ in the traditional manner will take place later this month or early December in Cork, Limerick and Galway. The issue of homelessness remains a key priority for Government which, despite current challenging economic circumstances, remains fully committed to protecting the most vulnerable and marginalised in our society. The Programme for Government commits to reviewing and updating the current homeless strategy and to adopting a ‘housing led’ approach to homelessness. Work now underway on updating the strategy will be concluded later this year and will involve the establishment of clear performance targets and associated timelines with a particular emphasis on the delivery of accommodation units for homeless persons. Once complete the review will be published at the earliest opportunity.

Question No. 366 answered with Question No. 362.

686 Questions— 15 November 2011. Written Answers

Pension Provisions 367. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government the name, position and a breakdown of the retirement packages for all local authority city and county managers eligible to retire before the end of February 2012. [33996/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): In relation to existing city and county managers no serving manager’s tenure is due to expire and no manager is due to retire before the end of February 2012. The pension entitlements for local authority managers are set out in Article 78 of the Local Government (Superannuation) (Consolidation) Scheme 1998.

Local Authority Charges 368. Deputy Joe Costello asked the Minister for the Environment, Community and Local Government his plans to introduce a single charge or discount on the non-principal private residence tax for sub divided houses; and if he will make a statement on the matter. [34049/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Local Government (Charges) Act 2009 broadened the revenue base of local authorities by introducing a charge on all non-principal private residences. The charge is payable by the owners of private rented accommodation, holiday homes and any other residential property that is not the owner’s sole or main residence. The Act defines residential property as including flats, apartments and bedsits. The charge is payable in respect of each unit of accommodation used, or suitable for use as a separate dwelling, whether or not any amenity or facility in the building or premises may be shared. The owner of a house split into a number of residential units is thus liable for the charge on each unit in that house. The view was taken when the Bill was being debated in the Oireachtas that this was the fairest approach. I have no plans at present to amend the charge on non- principal private residences in this respect.

Environmental Policy 369. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government when he will publish a climate change Bill. [34054/11]

376. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if he will be delivering a carbon budget in tandem with the financial budget as has been the practice in recent years; and if he will make a statement on the matter. [34234/11]

377. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government, further to his reply to Parliamentary Question No. 7 of 20 October 2011, if he has brought the review on climate change to Government yet; and if he will make a statement on the matter. [34235/11]

379. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if the heads of Bill for the promised 2012 climate law will be sent to the Oireachtas committee by the end of 2011. [34256/11]

687 Questions— 15 November 2011. Written Answers

380. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if he will repeat in 2011 and 2012 the €23 million contribution made in 2010 by his predecessor to the environment fund. [34257/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I propose to take Questions Nos. 369, 376, 377, 379 and 380 together. I refer to the reply to Questions Nos. 257, 258, 268, 269, 292, 294, 295 and 302 of 2 November 2011 which sets out the position. The Climate Policy Review was published on 3 November 2011 and is available on my Department’s website at www.environ.ie.

Ferry Services 370. Deputy Charlie McConalogue asked the Minister for the Environment, Community and Local Government the contact he has had with Northern Ireland agencies and his Northern Ireland counterpart in attempting to get the Foyle ferry re-established and subsidised; and if he will make a statement on the matter. [34063/11]

371. Deputy Charlie McConalogue asked the Minister for the Environment, Community and Local Government the progress made in finding a solution towards the re-establishment of the Lough Foyle ferry service in County Donegal; and if he will make a statement on the matter. [34067/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I propose to take Questions Nos. 370 and 371 together. I have no function in relation to the matters raised in the Questions which are the responsi- bility of the Minister for Transport, Tourism and Sport and Donegal County Council. However, following receipt of a representation from Deputy Joe McHugh, Co-Chair of the British Irish Parliamentary Assembly, I took the opportunity, while attending the North-South Ministerial Council (Environment Sector) meeting on Friday 21 October 2011, to raise this issue with Danny Kennedy, MLA, Minister for Regional Development in Northern Ireland. Minister Kennedy undertook to look into the matter.

Building Regulations 372. Deputy Catherine Byrne asked the Minister for the Environment, Community and Local Government if there is any grant aid available for community and voluntary organisations to help them comply with the Building Control (Amendment) Regulations 2009 and costs associ- ated with upgrading buildings to the standard required for a disability access certificate; and if he will make a statement on the matter. [34085/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): My Department does not provide grant assistance to community or voluntary organisations for compliance with the Building Regulations. However, Section 22 of the Building Control Regu- lations 1997-2009 provides for an exemption from fees for voluntary organisations or bodies standing approved for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992.

Water and Sewerage Schemes 373. Deputy Brendan Smith asked the Minister for the Environment, Community and Local Government when funding will be approved in respect of a scheme (details supplied) in County Cavan; and if he will make a statement on the matter. [34116/11]

688 Questions— 15 November 2011. Written Answers

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Responsibility for the administration of the Rural Water Programme, which includes small public sewerage schemes such as this one, has been devolved to local authorities since 1997. The selection and approval of individual schemes for advancement and funding under the programme, within the overall priorities set by my Department and subject to the block grant allocations provided, is therefore a matter for the local authorities, Cavan County Council in this case.

Croke Park Agreement 374. Deputy Dominic Hannigan asked the Minister for the Environment, Community and Local Government the number of Croke Park agreement projects that each State agency under his aegis is progressing; if he will list each project by agency in tabular form; the amount to be saved by each project; the number that have been completed since the agreement came into force; and if he will make a statement on the matter. [34156/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): My Department has recently issued its latest progress report under the Croke Park Agreement, to the Implementation Body for the Agreement. I understand that the Implementation Body is currently considering the progress reports and is due to publish a summary of the progress reported on its website shortly. All progress reports for individual public service bodies, includ- ing each state agency, should be available on each organisation’s website.

Rural Development 375. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the steps being put in place to allow local authorities to co-fund projects with the Leader programme. [34211/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Rural Development Programme 2007-2013 is divided into 4 Axes. Axis 1 deals with com- petitiveness of the agricultural sector, Axis 2 aims to improve the countryside and environment and the objectives of Axis 3 are to support the diversification of the rural economy and improve the quality of life in rural areas. Axis 4 or the LEADER Axis provides support for the use of a “bottom up” approach to development which ensures that local people are involved in the decision making, thereby facilitating sustainable development in a more inclusive way. In Ireland the LEADER approach is used to implement Axis 3 measures. Co-funding with local authorities is currently permitted under three measures of the Prog- ramme, for community projects only. These measures and their eligible activities are listed below:

— Basic services for the economy and rural population — €49.61m — Funding is avail- able for the identification and provision of appropriate cultural and leisure facilities to local communities, which would not otherwise be available to them.

— Village renewal and development — €54.2m — eligible activities include environmen- tal upgrading of parks, civic areas, river walks, access to facilities, and amenities and farmers markets.

— Conservation and upgrading of the rural heritage — €51.7m — funding is available for actions including alternative or renewable energy actions addressing suitability of new technologies to meet community energy needs, environmental initiatives aimed

689 Questions— 15 November 2011. Written Answers

[Deputy Phil Hogan.] at waste reduction, actions to protect and restore the amenity value of local water- courses and high value nature areas.

Questions Nos. 376 and 377 answered with Question No. 369.

Constitutional Amendments 378. Deputy Jerry Buttimer asked the Minister for the Environment, Community and Local Government the total cost, including an itemised breakdown, of the referendum commission in respect of the 30th amendment to the Constitution; the amount paid to date; if he will detail any further anticipated costs and expenses; the costs and expenses expected to be incurred in the period provided for the commission to report to him and in the period between reporting and dissolution of the commission; and if he will make a statement on the matter. [34242/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The information requested by the Deputy is not available to me. In accordance with the pro- visions of Section 13 of the Referendum Act 1998 the funding of a referendum commission, in relation to the performance of its functions, is the responsibility of the Minister by whom the referendum legislation is initiated. In regard to the proposal for the 30th amendment of the constitution responsibility lies with the Minister for Public Expenditure and Reform.

Questions Nos. 379 and 380 answered with Question No. 369.

Public Contracts 381. Deputy Peadar Tóibín asked the Minister for the Environment, Community and Local Government the value of all public contracts awarded in 2009, 2010 and to date in 2011. [34272/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The information requested is being compiled in my Department and will be forwarded to the Deputy as soon as possible.

Question No. 382 answered with Question No. 364.

Hazardous Waste 383. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government the research undertaken to determine if incinerator bottom ash is classified as hazardous or non-hazardous. [34305/11]

384. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that there is an increasing body of evidence which suggests that bottom ash from incineration is eco-toxic; and if he agrees that the authorities should proceed on the basis that bottom ash is hazardous until it has been shown to be otherwise. [34306/11]

385. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government the steps he has taken to ensure that the incinerator bottom ash which is due to be dumped at Whiteriver landfill, operated by Louth County Council, is non-hazardous and will not pose a danger to the health and safety of local residents. [34307/11]

690 Questions— 15 November 2011. Written Answers

386. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government the steps he will take to ensure that no incinerator bottom ash is dumped at the Whiteriver landfill facility operated by Louth County Council until further study has been completed to assess definitively its potential dangers. [34308/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I propose to take Questions Nos. 383 to 386, inclusive, together. I have no role in relation to the licensing of landfill facilities or the enforcement of conditions attached to licences, which are matters for the Environmental Protection Agency. Under section 60(3) of the Waste Management Act 1996, the Minister is precluded from exercising any power or control in relation to the performance in particular circumstances by the Agency of a statutory function given to it under the Act. Major waste facilities are subject to stringent environmental standards set out in national and EU environmental and waste-specific legislation. The Agency has significant oversight and enforcement powers in order to safeguard the environment and to ensure compliance with waste licence conditions. I am satisfied that a rigorous and risk based enforcement regime, including emissions monitoring, inspections and audits, is actively pursued by the Agency. The properties which render waste hazardous are laid down in Annex III of the Waste Framework Directive and are further specified by a European Commission Decision which established a List of Wastes. The List of Wastes is currently under review; however, no decisions concerning the reclassification of incineration byproducts or any other wastes have been made to date. The determination of waste as hazardous, or otherwise, is a matter for the Environmental Protection Agency, and my Department maintains regular contact with the Agency in relation to relevant developments at EU level. As regards the disposal of bottom ash at the landfill facility concerned, I note that Louth County Council has stated that such material will be accepted only with the approval of the Agency, which is conducting rigorous testing and monitoring to ensure the material is suitable.

Building Regulations 387. Deputy Robert Dowds asked the Minister for the Environment, Community and Local Government, in view of recent examples of bad practice, if he intends to bring in legislation to introduce robust building regulations; and if he will make a statement on the matter. [34317/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I refer to my reply to Questions Nos. 323, 324 and 347 of 8 November 2011 which comprehen- sively addressed the issues regarding measures being taken to improve compliance with the Building Regulations.

Fire Services 388. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if he will provide a full breakdown, in tabular form, of the number of section 23s served by the 37 fire authorities under the Fire Services Act 1981 over the past five years; and if he will make a statement on the matter. [34326/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Fire Authorities have a range of statutory safety enforcement options at their disposal under the Fire Services Acts 1981 and 2003. Under Section 20 of the Fire Services Act, 1981 and 2003 a fire authority may serve a fire safety notice on the owner or occupier of a “potentially

691 Questions— 15 November 2011. Written Answers

[Deputy Phil Hogan.] dangerous building”, which is defined as a building which constitutes a serious danger to life in the event of a fire occurring therein. Such a notice may prohibit the use of a building (or part of it) and may require the owner or occupier to carry out specified fire precautions in that building. In a situation of extreme and urgent concern about fire safety, a fire authority may apply under Section 23 of the Act to the High Court for an order to restrict or prohibit use of a building immediately. Statistics forwarded by fire authorities to my Department in relation to fire safety are available on my Department’s website at www.environ.ie Statistics forwarded by fire authorities in relation to applications made under section 23 of the Fire Services Acts, 1981 and 2003 for the 5 years 2005 to 2009 are set out in the following table. Statistics for 2010 are awaited from fire authorities.

692 Questions— 15 November 2011. Written Answers 00000000 00000000 0000000000 0000000000 0000000000 0000000000 0000000000 0000000000 0000000000 1111000011 0000000000 0000000000 0000000000 0000000000 0000000000 0000000000 0000000000 0000000000 0000000000 0000000000 0000000000 0000000000 0000000000 0000000000 Made Granted Made Granted Made Granted Made Granted Made Granted 2003) Fire Authorities Applications Applications Applications Applications Applications of Fire Services Act 1981 and High Court Orders (Section 23 2009 2008 2007 2006 2005 Athlone Town Council Carlow County Council Cavan County Council Clare County Council Cork County CouncilCork City Council Donegal County Council Drogheda Borough Council Dublin City Council Dundalk Town Council 0Galway County Council Kerry County Council Kildare County Council Kilkenny County 0 CouncilLaois County Council Leitrim County Council Limerick City Council N/ALimerick N/A County Council Longford County Council Louth N/A County Council N/A Mayo County Council Meath County Council Monaghan County 0 Council Offaly County Council Roscommon County Council 0 N/A 0 N/A 0 0 0

693 Questions— 15 November 2011. Written Answers

[Deputy Phil Hogan.] 0000000000 0000000000 0000000000 0000000000 0000000000 0000000000 0000000000 0000000000 1111000011 Made Granted Made Granted Made Granted Made Granted Made Granted 2003) Fire Authorities Applications Applications Applications Applications Applications Council Council of Fire Services Act 1981 and High Court Orders (Section 23 2009 2008 2007 2006 2005 Sligo County Council North Tipperary County South Tipperary County Waterford City Council Waterford County Council Westmeath County Council Wexford County Council Wicklow County Council Total

694 Questions— 15 November 2011. Written Answers

Waste Management 389. Deputy Billy Timmins asked the Minister for the Environment, Community and Local Government the position regarding recyclable goods (details supplied); and if he will make a statement on the matter. [34336/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): There are legal requirements in place in relation to packaging waste. Article 9 of European Parliament and Council Directive 94/62/EC on packaging and packaging waste provides that packaging may not be placed on the market within the European Union unless it satisfies the provisions of the Directive i.e. it must comply with the essential requirements on the compo- sition and the reusable and recoverable nature of packaging as provided for in Annex II of that Directive. In this regard, Annex II of the Directive explicitly provides that packaging shall be designed, produced and placed on the market in such a way as to permit its reuse or recovery, including recycling and composting. Under article 18 of the Directive, Member States are prohibited from impeding the placing on the market of packaging which satisfies these essential requirements. While the Directive allows for the use of economic instruments (e.g. environmental levies, deposit & refund etc.), such instruments must be in conformity with EU law and designed in such a manner so as to ensure the functioning of the internal market, avoid obstacles to trade and restriction of compe- tition within the Community. In broad terms, it would be contrary to the internal market to introduce measures which would prohibit, or have the equivalent effect of a prohibition on, a particular packaging item. The essential requirements of packaging are transposed into national law under the pro- visions of article 28 of, and the Fourth Schedule to, the Waste Management (Packaging) Regu- lations 2007. The regulations provide that a person may not supply packaging or packaged products to the Irish market unless the packaging concerned complies with essential require- ments as to its nature and composition. In effect, those essential requirements provide that packaging must be prevented so that only the minimum amount necessary is used for the containment, protection, handling, delivery and presentation of goods. Furthermore, packaging must be recoverable — either by means of material recycling, energy recovery, composting or by biodegradation. I continue to encourage the use of recycled material in the manufacturing of new products through the RX3 programme. This programme supports the development of markets for recyclates, identifies new opportunities for waste materials and stimulates business ideas by providing support and advice for the sector. Further information on RX3’s work to create markets for recycled materials is available on www.rx3.ie.

Water and Sewerage Schemes 390. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government if he will provide an update on a project (details supplied) in County Mayo. [34364/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Water Services Investment Programme 2010-2012, a copy of which is available in the Oireachtas Library, provides for the development of a comprehensive range of new water services infrastructure in County Mayo. The Killala Sewerage Scheme, Network and Waste- water Treatment Plant contract, is included in the Department’s Water Services Investment Programme 2010-2012 to start construction in the period of the programme with an estimated cost of €5.1 million. I understand that Mayo County Council is currently updating aspects of

695 Questions— 15 November 2011. Written Answers

[Deputy Phil Hogan.] the Preliminary Report for the scheme. Once approved by my Department, the Council can then proceed with the preparation of contract documents for the scheme. The foreshore licence for the Killala Sewerage Scheme has been granted and the Chief State Solicitor’s Office issued the necessary legal documents to Mayo County Council’s legal advisors on 20 June 2011 for execution.

391. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the position regarding the potential cost to households if remedial work needs to be carried out to existing septic tanks (details supplied); and if he will make a state- ment on the matter. [34380/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Water Services (Amendment) Bill 2011, which provides for the establishment of a system of registration and inspection of septic tanks and other on-site systems, was published on 3 November 2011. The majority of systems that will be inspected are likely to be working well. It is expected, therefore, that only a minority of systems inspected will require major upgrading or replace- ment of a system. The costs of this are difficult to quantify and will depend on the nature of the problem identified during the inspection and the level of risk to human health or the environment.

Planning Issues 392. Deputy Aodhán Ó Ríordáin asked the Minister for the Environment, Community and Local Government his plans regarding establishing a comprehensive investigation into the var- ious planning practices from 1999 to the present date, rezoning of lands that were promoted by city management, the potential deficiencies of various development plans during this period of time and the lack of regard to take into account the history of flooding in certain applications; and if he will make a statement on the matter. [34452/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The First Schedule of the Planning and Development Act 2000 (as amended) specifies, inter alia , that planning authorities may include in their development plans objectives for carrying out flood risk assessment for the purpose of regulating, restricting and controlling development in areas at risk of flooding (whether inland or coastal). It is a matter for each planning authority to evaluate such risk, on the basis of a flood risk assessment where appropriate and planning permission may either be refused, or, if granted, can be made subject to conditions requiring the implementation of measures necessary to alleviate or avoid damage due to flooding. The Report of the Flood Policy Review Group, published in 2004 following Government approval of its recommendations, including that the OPW should be the lead agency for imple- menting flood risk management policy in Ireland, highlighted the need to pro-actively manage flood risk. A further key action arising from the Report of the Flood Policy Review Group is the publication in November 2009 of my Department’s Guidelines to Planning Authorities on the Planning System and Flood Risk Management, which are aimed at ensuring a more consistent, rigorous and systematic approach to flood risk assessment and management in the planning system. The Guidelines were issued under section 28 of the Planning and Development Act 2000 (as amended) which requires planning authorities and An Bord Pleanála to have regard to them in the performance of their functions.

696 Questions— 15 November 2011. Written Answers

As part of my statutory observation role in respect of development plans and local area plans, my Department is monitoring implementation of the Guidelines to ensure they are being implemented effectively. These statutory guidelines, when taken together with the legislative measures in the planning code, provide a sound basis for planning authorities to identify, assess and take appropriate steps to manage flood risk in a sustainable manner within their area. I will continue to assess development and local area plans to monitor implementation of these principles at local level to ensure that future development takes account of these policies.

Social and Affordable Housing 393. Deputy David Stanton asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 407 of 22 June 2010, if other forms of photo identification (details supplied) will be accepted by local authorities for social housing applications; if so, the details of the forms of identification that will be acceptable; and if he will make a statement on the matter. [34478/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Identification is an important part of the process of the assessment for social housing support. The checklist attached to the application form prescribed in the Social Housing Assessment Regulations refers to a passport or a driving licence. In a case where an applicant does not have either of these documents, the housing authority concerned should advise the applicant what form of photo identification will be accepted. My Department will issue guidance to authorities on this issue.

Appointments to State Boards 394. Deputy Liam Twomey asked the Minister for the Environment, Community and Local Government the number of positions on State boards and agencies under his aegis which he has advertised in the past seven months; the number of applications received; the number of applicants subsequently appointed; and if he will make a statement on the matter. [34504/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The appointments to State boards made since I took office are outlined in the table below:

Agency / Board Name of Appointee

An Bord Pleanála Dr. Mary Kelly (Chairperson) Building Regulation Advisory Board (BRAB) Mr. Aidan O’Connor (Departmental Representative) BRAB Mr. Paul Kelly EPA Ms. Laura Burke (Director General) RPII Dr Maurice Fitzgerald, reappointed (nominee of the Dental council)

A notice was placed on my Department’s website on 19 July, 2011 seeking expressions of interest, from suitably qualified and experienced persons, for consideration as members or chairpersons of the boards of state bodies under the aegis of my Department. The notice is updated regularly as specific vacancies arise, the most recent relating to the Housing Finance Agency. Vacancies on the boards of other bodies under the Department’s aegis will be notified on the website as they arise. However, expressions of interest can be made at any time and will be kept on file in my Department for consideration as vacancies occur. 697 Questions— 15 November 2011. Written Answers

[Deputy Phil Hogan.]

All appointments are made in accordance with the appropriate legislation governing appoint- ments to each body. In considering applications due regard is given to Government policy regarding gender balance on State Boards. A number of different statutory processes are involved in appointments to State boards. In some cases statutory selection procedures must be followed or nominations must be sought from independent nominating panels before appointments are made by the Government or by the Minister for the Environment, Community and Local Government. In other cases only particular public office holders may be appointed to certain boards. In a number of situations, only some appointments to the body concerned are made by the Minister, or appointments are made with the consent of the Minister for Finance or following consultation with the Minister for Finance or Minister for Education and Skills, as appropriate. The Boards of the Environmental Protection Agency (EPA) and An Bord Pleanála are executive in nature and members are employed on a full time salaried basis. The appointments as Chairperson of An Bord Pleanála and Director General of the EPA were made after compe- titions held by the Public Appointments Service. On 10 November 2011, I nominated Professor William Reville to the position of Chairman of the Board of the Radiological Protection Institute of Ireland. Before being formally appointed, Professor Reville will appear before the Oireachtas Committee on Environment, Transport, Culture and Gaeltacht on the 23 November 2011 to discuss the approach which he will take to his role as Chairperson. The following members were appointed to the Board of Pobal, a not for profit company under the aegis of my Department, by Government on 14 October 2011:

• Mr. Séamus Boland (Chair)

• Mr. Thomas Maguire

• Mr. Liam Keane

• Ms Siobhan McLoughlin

Local Authority Funding 395. Deputy Joan Collins asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 325 of 18 October 2011, in which he stated that he would meet the county manager and the head of finance in Sligo County Council to discuss the application of the €15 million loan funding which was sanctioned by his Department on 19 July 2010, the date on which he will meet the Sligo county manager and the head of finance; and if he will make a statement on the matter. [34524/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I refer to the reply to Question No. 325 of 18 October 2011 in which I stated that my Department would meet with Sligo County Council. I can confirm that my Department met with the County Manager on 18 October 2011 to discuss the application of the loan finance and the financial position of the Council.

Planning Issues 396. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if and when he intends to transpose into law Article 17 of the Aarhus Convention; and if he will amend the planning process in order that there will no longer be multiple agencies,

698 Questions— 15 November 2011. Written Answers making planning decisions on the same project with no obligatory consultation resulting in different decisions being reached by the different agencies (details supplied) [34542/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): My Department is currently examining options to prohibit an applicant from submitting a stand- alone environmental licence application to the Environmental Protection Agency (EPA) in certain cases unless it is clearly established that mandatory or sub-threshold EIA is not required in respect of the proposed activity. Alternatively, if EIA is necessary, the applicant would be required to submit a planning application and an Environmental Impact Statement simul- taneously with, or in advance of, the environmental licence application. In the interim, for certain environmental licence applications on hand, an administratively based analysis of such cases is being carried out jointly by the EPA and An Bord Pleanála to identify any situations that would require assessment under the EIA Directive.

Foreshore Licences 397. Deputy Thomas Pringle asked the Minister for the Environment, Community and Local Government if an environmental impact assessment was carried out in Broadhaven Bay and Sruwaddacon Bay in County Mayo; and if he will make a statement on the matter. [34550/11]

398. Deputy Thomas Pringle asked the Minister for the Environment, Community and Local Government if he granted a foreshore licence to allow a company (details supplied) to tunnel under Sruwaddacon Estuary which is designated a special area of conservation; if the appro- priate assessment was carried out prior to granting consent; and if he will make a statement on the matter. [34551/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I propose to take Questions Nos. 397 and 398 together. I made a determination on 22 July 2011 pursuant to the provisions of the Foreshore Act, 1933 (as amended) to grant a foreshore licence to Shell E&P Ireland Limited, Statoil Explor- ation (Ireland) Limited and Vermilion Energy Ireland Limited in respect of development on the foreshore related to the Corrib Gas Pipeline. In accordance with Section 21A of the Fore- shore Act, notice of the determination was published in Iris Oifigiuil, the and on my Department’s website on 26 July 2011. I made this determination following the carrying out of an environmental impact assessment and appropriate assessment of the proposed development under domestic and EU law. Further information on the application and the decision making process may be found on my Department’s website at: www.environ.ie/en/Foreshore/ApplicationsSubjecttoEIA/ ShellEPIrelandLtd5618/

Redundancy Payments 399. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government the reason persons (details supplied) in Dublin have been waiting for more than a year to receive their redundancy payments; and the steps he will take to ensure they receive their redundancy payments without further delay. [34556/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): In February 2011, my Department issued grant aid to the Community Development Project, referred to in the question, towards the cost of statutory redundancy payments to the three employees, for their period of employment under the Local and Community Development

699 Questions— 15 November 2011. Written Answers

[Deputy Phil Hogan.] Programme. This contribution was subject to a signed undertaking that the redundancy rebate paid by the Department of Jobs, Enterprise and Innovation (DJEI) would be refunded to my Department. My Department is not the employer of the relevant CDP staff and that all employment related matters are solely for the Board of Directors of the CDP. The workers in question were engaged directly by the CDP, as an independent private limited company, and their contracts of employment were with the company. Therefore, the payment of redundancy packages to employees, who are core funded under the Programme, is a matter for the Board of Directors of the Project.

Local Authority Housing 400. Deputy Anne Ferris asked the Minister for the Environment, Community and Local Government if he will advise that if a local authority tenant hands back their house to the council because of serious anti-social behaviour, whether that tenant can apply for housing to another council within the same local authority area; and if he will make a statement on the matter. [34560/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Under the Social Housing Assessment Regulations, 2011, a household may apply for social housing support to the housing authority for the functional area where it normally resides, or where it has a local connection. A housing authority may also decide at its discretion to accept an application from a household which does not meet these residence or local connection criteria. In accordance with section 14 of the Housing (Miscellaneous Provisions) Act 1997, housing authorities may refuse to make, or defer the making of, an allocation of social housing support to any applicant where that person has been engaged in anti-social behaviour or in the interests of good estate management. However, decisions on the eligibility of specific persons for social housing support and the allocation of that support are a matter solely for the housing authority concerned. Section 6 of the Housing (Miscellaneous Provisions) Act 2009 specifically provides that the Minister’s power to issue policy directions and guidelines to housing authorities in relation to their housing functions shall not be construed as enabling him to exercise any power or control in relation to any individual case with which a housing authority is or may be concerned.

Ministerial Staff 401. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government the number of his constituency and parliamentary staff, appointed following the February 2011 elections, on salaries that exceed their applicable pay scale grade; the number of his existing and parliamentary staff employed prior to the February 2011 elections but awarded salary increases following the election that exceed their applicable pay scale grade; and if he will provide their annual salary details in a tabular format. [34569/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The details are set out in tabular form below as requested. The salaries have been determined in accordance with the salary scales specified in the Instructions on Ministerial Appointments for the 31st Dáil, in line with their Houses of Oireachtas salaries, adjusted to take account of the pension levy, and sanctioned by the Minister

700 Questions— 15 November 2011. Written Answers for Public Expenditure and Reform. My former Parliamentary Secretary has been appointed as a Special Adviser in accordance with the terms and conditions for that post.

Office Grade Oireachtas Salary Department Salary

Minister Hogan Personal Assistant* €47,824 €51,365 Personal Secretary €49,379 €52,925 Executive Officer N/A €37,588 Clerical Officer N/A €31,800 Minister of State Penrose Personal Assistant €49,379 €52,925 Personal Secretary €44,726 €47,755 Clerical Officer N/A €36,267 * Press and Information Officer.

Local Authority Staff 402. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government the date on which he received an application from New Ross Town Council to fill a full-time traffic warden position; the date on which he granted the position; if the position is permanent; and if not for what period is the contract. [34624/11]

403. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government the correct procedure a local authority must follow when seeking to fill a traffic warden position. [34625/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I propose to take Questions Nos. 402 and 403 together. The moratorium on recruitment and promotion in the public service was introduced in March 2009 following a Government Decision to implement savings measures across the wider public service. The emergency measure was introduced as a response to the financial crisis facing the State. My Department received a delegated sanction from the Department of Finance in August 2009 for implementation of the moratorium in relation to all local authorities. This is on con- dition that the overall staffing levels in the sector are reduced in line with the Employment Control Framework. Under section 159 of the Local Government Act 2001, each County and City Manager is responsible for staffing and organisational arrangements necessary for carrying out the func- tions of the local authorities for which he or she is responsible. In this regard, it is a matter for County and City Managers, in the first instance, to ensure that the reduction in staff numbers is managed so that the appropriate service level is maintained. Any exceptions to the mora- torium require prior sanction from my Department. My Department works very closely with local authorities to ensure that critical posts are filled while overall numbers are reduced. All staffing sanction requests are examined on a case by case basis having due regard to the continued delivery of key services and the need to further reduce overall staffing levels and expenditure in the local authority sector. In considering sanction requests public safety, maintaining key front line services and econ- omic issues are given precedence as is the requirement to avoid increases in overall staffing levels. Contract posts are favoured as they allow flexibility in this most challenging period for 701 Questions— 15 November 2011. Written Answers

[Deputy Phil Hogan.] Ireland’s economy. In the very exceptional situation that a post is to be filled permanently all redeployment options must be fully exhausted before recruitment can be countenanced. On 22 December 2010 my Department received a request, from Wexford County Council, to fill a position of time traffic warden in New Ross as an exception to the moratorium. Sanc- tion, to fill the post, on a three-year contract basis, was granted by letter dated 24 January 2011.

Question No. 404 answered with Question No. 362.

Dormant Accounts Fund 405. Deputy Robert Troy asked the Minister for the Environment, Community and Local Government when the projects previously grant approved through RAPID funding will be allowed to proceed; and if he will make a statement on the matter. [34646/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I assume the question refers to the decision to approve disbursements from the Dormant Accounts Fund for a once-off measure up to the value of €1.25m for the five new provincial towns incorporated under RAPID. These are Ballina, Dungarvan, Enniscorthy, Mullingar and Rathkeale. Under Government Accounting procedures, disbursements on Dormant Accounts measures are paid in the first instance “up front” from the Department’s Vote in the same way as with any other spending programme. We have to source funding for dormant accounts programmes from our Exchequer allocation in the annual Revised Estimates Volume. The Dormant Accounts Capital budget for this Department for 2011 is fully committed to existing projects and our priority in the light of that allocation must be to ensure that there is sufficient funding available to meet existing legal contractual commitments. Accordingly, the matter of pro- gressing the projects in the new RAPID towns to contract stage will be kept under active review in the light of availability of funding / levels of expenditure across the Department’s Vote during 2011 and into 2012.

Water and Sewerage Schemes 406. Deputy Robert Troy asked the Minister for the Environment, Community and Local Government when he will advance the Rathowen sewerage scheme, County Westmeath. [34647/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Water Services Investment Programme 2010-2012 , a copy of which is available in the Oireachtas Library, provides for the development of a comprehensive range of new water services infrastructure in County Westmeath. While provision is made to commence contracts to the value of some €95 million in the county during the period of the programme, the Rathowen Sewerage Scheme is not amongst the priority contracts and schemes included. The Programme aims to prioritise projects that target environmental compliance issues and support economic and employment growth. A key input to the development of the Programme was the assessment of needs prepared by local authorities, including Westmeath County Council, in response to my Department’s request to the authorities in 2009 to review and prioritise their proposals for new capital works in their areas. These were subsequently appraised in the Department in the context of the funds available and key criteria that com- plemented those used by the authorities. Inevitably, through this process, certain projects

702 Questions— 15 November 2011. Written Answers included in previous programmes which had not advanced, had to give way to others that are more strategically important at this time.

Social and Affordable Housing 407. Deputy Peter Mathews asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 336 of 8 November 2011, if he will confirm that a local authority that charged a fixed interest rate of 12.5% on a mortgage on 16 February 1984 was not permitted to charge such an excessive rate; and if he will make a statement on the matter. [34650/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): While the majority of the fixed rate mortgages drawn down in the early 1980’s were charged rates at around 10.5% — reflecting local authority and Housing Finance Agency (HFA) cost of funds — during 1984 the fixed rate charged to new local authority borrowers went as high as 12.95%. As with all other rates charged, this rate reflects the long-term costs of funds to the HFA prevailing at the time these loans were advanced. Rates on these loans were fixed for the life of the loan (generally 25-30 years).

Building Control Act 408. Deputy Luke ‘Ming’ Flanagan asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that the Building Control Act 2007 has created a situation whereby the dominant representative association (details supplied) is also the regulating body for that profession, contrary to the specific recommendations of the Competition Authority; and if he will make a statement on the matter. [34669/11]

409. Deputy Luke ‘Ming’ Flanagan asked the Minister for the Environment, Community and Local Government if he has estimated the cost to domestic consumers of removing a significant number of architects from the market through the absence of a standard grandfather clause in part 3 of the Building Control Act 2007; and if he will make a statement on the matter. [34670/11]

410. Deputy Luke ‘Ming’ Flanagan asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that the €4,500 technical assess- ment fee for architects under the Building Control Act 2007 makes that assessment the most costly of its type in the world; and if he will make a statement on the matter. [34671/11]

411. Deputy Luke ‘Ming’ Flanagan asked the Minister for the Environment, Community and Local Government if he will amend the Building Control Act 2007 to include a grandfather clause for those with acquired rights and so enable them to continue to certify as architects in the State without being criminalised; and if he will make a statement on the matter. [34672/11]

412. Deputy Luke ‘Ming’ Flanagan asked the Minister for the Environment, Community and Local Government his views that the costly and non-inclusive routes for the registration of architects with acquired rights constitutes the sheltering of the architecture profession and that the State, the public and consumers are thereby ill-served by Part 3 of the Building Control Act 2007; and if he will make a statement on the matter. [34673/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I propose to take Questions Nos. 408 to 412, inclusive, together.

703 Questions— 15 November 2011. Written Answers

[Deputy Phil Hogan.]

I refer to the reply to Question No. 108 of 3 November 2011 which comprehensively addressed the issues regarding the registration of the title of Architect. The Royal Institute of the Architects of Ireland (RIAI) has been designated as the regis- tration body for persons wishing to use the title of architect, under the Building Control Act 2007. They have established an Admissions Board and a Technical Assessment Board. The Chairpersons of both boards were appointed by my predecessor and both boards have non- architect majority members on them, again appointed by my predecessor. Section 22 of the Act sets out the procedures for the operation of the Technical Assessment Board. The Act also provides for an appeal against a decision of the Technical Assessment Board and there is ultimately an appeal to the High Court against a decision of the Appeals Board or any other Board or Committee. I am satisfied that the process is transparent and is operating satis- factorily. The Act sought to provide for the registration of the title of Architect in order to protect consumers against individuals passing themselves off as Architects. The fee of €4,500 for techni- cal assessment, approved in accordance with Section 62 of the Act, represents a significant reduction on the figure originally proposed.

Social Housing 413. Deputy Eric Byrne asked the Minister for the Environment, Community and Local Government if he is satisfied that the age of 55 years or above is an appropriate age to be deemed eligible for senior citizen accommodation in council schemes; and the rationale behind this condition. [34691/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Social Housing Assessment (Amendment) Regulations, 2011, set out amended provisions regarding aspects of eligibility for social housing. The Regulations also contain provisions regarding classification of accommodation need and the record of qualified households (“waiting list”). As regards older persons, under previous arrangements, authorities used different definitions of older persons for purposes of social housing support. The new Regulations provide for a single national indicator in the record of qualified households, based on the commonly accepted figure of 65 years. While this is a primary indicator of particular accommodation requirements for those in the older age bracket, my Department’s guidance to housing authorities makes it clear that individual households should be allocated the social housing support most appro- priate to their particular needs. This approach gives housing authorities discretion in individual cases in the provision of housing support, in accordance with their allocation schemes, which are adopted by elected members of housing authorities.

414. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government his views on a matter (details supplied) regarding emergency housing; and if he will make a statement on the matter. [34733/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The issue of homelessness is a priority for Government which, despite current challenging economic circumstances, remains fully committed to protecting the most vulnerable and mar- ginalised in our society. I agree that moving away from the outdated expensive emergency hostel-based approach is necessary to ensure most effective outcomes for service users at opti- mal cost to the Exchequer.

704 Questions— 15 November 2011. Written Answers

The Programme for Government commits to reviewing and updating the current homeless strategy, to adopting a ‘housing led’ approach to homelessness and to ensuring more effective prevention strategies. Work now underway on updating the strategy will be concluded later this year and will involve the establishment of clear performance targets and associated timel- ines with a particular emphasis on the delivery of accommodation units for homeless persons. Central to this will be the policy approach outlined in my Housing Policy Statement of June 2011. There is no single solution to increasing the level of social housing supply, including for those who are homeless, and maximising delivery will require flexible and diverse approaches. The key elements of these approaches will necessarily include the enhanced role of the private rental and the voluntary/cooperative housing sectors, the leasing programme, RAS, local auth- ority social housing acquisitions and remedial works/upgrading for vacant local authority hous- ing stock. Maximising delivery from these sources will be essential to prevent homelessness and end long term occupation of emergency facilities. The fostering of a resettlement culture that promotes independent living, with supports if and as appropriate, on an equitable basis for all those in need of social housing supports coupled with ongoing reconfiguration of homeless services is essential in order to move away from an outdated expensive emergency hostel-based approach, where people have remained for long periods, damaging their self esteem and reducing their prospects of progressing to full independent living. I am determined to tackle homelessness in a more planned and strategic way by adopting a housing led approach, to ensuring more effective prevention strategies and by providing long term solutions rather than just managing homelessness. This model of service delivery means a reduction in the amount of temporary accommodation and a move to suitable housing tenanc- ies rather than meeting long term needs through homeless accommodation centres.

Rented Dwellings Register 415. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government his views on a matter (details supplied) regarding a certification scheme; and if he will make a statement on the matter. [34734/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Residential Tenancies Act, 2004 sets out the rights and obligations of landlords and tenants in the private rented residential sector. The Private Residential Tenancies Board (PRTB) was established under the Residential Tenancies Act in September 2004 to operate a national ten- ancy registration system and to resolve disputes between landlords and tenants in the private rented residential sector. My Department conducted a review of the Residential Tenancies Act in 2009 with a specific emphasis on whether the Act best supports the PRTB’s key functions and on whether legislat- ive amendments would support either the achievement of additional operational efficiencies by the PRTB in the delivery of those functions or the broader good working of the private rented sector. The outcomes of the review were announced by my predecessor in April 2010. Consideration of the introduction of a certification system did not feature in any of the recom- mendations arising from the review. The Government approved the preparation of the Heads of a Bill to deliver on the review’s recommendations. Full details in relation to the background to the review, the associated terms of reference and the outcomes of the review are available on my Department’s website at www.environ.ie.

705 Questions— 15 November 2011. Written Answers

416. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government his views on a matter (details supplied) regarding inspections; and if he will make a statement on the matter. [34735/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Private Residential Tenancies Board (PRTB) was established under the Residential Ten- ancies Act in September 2004 to operate a national tenancy registration system and to resolve disputes between landlords and tenants in the private rented residential sector. Local authorities are responsible for enforcement of the Housing (Standards for Rented Houses) Regulations in relation to all rented properties. Regulations setting out minimum standards for private rented accommodation generally were first set out in the Housing (Standards for Rented Houses) Regulations 1993. However it became clear in recent years that these standards no longer reflected the requirements of the modern rental sector and in the Partnership Agreement Towards 2016 the Government committed to updating and more effec- tively enforcing the minimum standards regulations for rented houses. In September, 2006, my Department launched the programme Action on Private Rented Accommodation Standards . Arising out of this programme, new regulations prescribing mini- mum standards for rented accommodation, the Housing (Standards for Rented Houses) Regu- lations 2008, came into effect on 1 February 2009, with certain provisions being phased in for existing rental properties over a four year period to allow time for the carrying out of the significant remedial work that may be involved in achieving compliance. My focus is on ensuring that local authorities’ inspection regimes are focused on the areas of greatest need and that the regulations are fully implemented. I do not propose to assign any responsibility for inspections to the PRTB.

Proposed Legislation 417. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government if he will introduce a statutory deposit protection scheme that provides protection to tenants in the event that the landlord becomes insolvent or experiences financial difficulties; and if he will make a statement on the matter. [34736/11]

418. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government when legislation will be brought in to introduce a deposit retention scheme for the benefit of the tenant (details supplied); and if he will make a statement on the matter. [34737/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I propose to take Questions Nos. 417 and 418 together. The Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector. Under section 12 (1)(d) of the Act a landlord is obliged to promptly refund deposits, unless and in accordance with the provisions of the Act, there is rent or other charges or taxes owing or there is damage to the property beyond normal wear and tear. My Department conducted a review of the Act in 2009 and the incorrect retention of deposits by landlords was identified in the review process as one of a range of issues that merited specific attention. In July 2011 the Government approved the drafting of the Residential Tenancies (Amendment) Bill 2011. The General Scheme of the Bill proposes the introduction of fines where a landlord is found to have incorrectly retained a tenant’s deposit as a first step to eliminating the problem of deposit retention. My Department is currently liaising with the Office of the Parliamentary Counsel regarding the drafting of the Bill.

706 Questions— 15 November 2011. Written Answers

The Programme for Government 2011 also commits to the introduction of a deposit protec- tion scheme and it is important that action in this regard is taken in the context of a strong evidence base. I have therefore asked the Private Residential Tenancies Board (PRTB), the independent statutory body charged with the administration of the Act, to commission cost benefit analysis-based research on such a scheme and to report back to me with recom- mendations. I understand that the PRTB will be tendering for such research in the coming weeks and I expect that the Board will revert to me with detailed research and recommendations in the first half of 2012.

Planning Issues 419. Deputy Patrick O’Donovan asked the Minister for the Environment, Community and Local Government in a situation in which a property management company has gone into liquidation but the housing estate has not been taken in charge by the local authority, the person with whom responsibility lies for issues of ongoing maintenance and repairs in the housing estate. [34790/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Section 180 of the Planning and Development Act, 2000 applies to estates which have been granted planning permission and include the construction of 2 or more houses (which as defined in the Act includes apartments) and the provision of new roads, open spaces, car parks, sewers, watermains or drains. In relation to estates which have been completed to the satisfaction of the planning authority in accordance with the permission, section 180 provides that the planning authority must if requested to do so by the developer or by the majority of the qualified electors who are owners of the houses involved initiate the procedures in section 11 of the Roads Act 1993 for declaring the road(s) to be public roads, for whose maintenance the local authority will then be responsible. Section 11 of the Roads Act empowers a local authority to, by order, declare any road over which a public right of way exists to be a public road. Before making an order the local authority must be satisfied the road is of general public utility, consider the financial impli- cations of taking the road in charge and consult with the public/consider any objections received. The consideration of the objections and the making of the order declaring the road to be a public road is a reserved function, so that the decision whether to take the road in charge is ultimately one for the discretion of the elected members. In relation to estates which have not been completed to the satisfaction of the planning authority and enforcement proceedings have not been commenced within the relevant period, section 180 also provides that the planning authority must, if requested to do so by the majority of the owners, initiate the procedures in section 11 of the Roads Act. However, in this case the section provides that the provision in section 11 of the Roads Act requiring the authority to consider the financial implications of taking the road in charge shall be disregarded. Section 180 also provides that where a planning authority, in complying with S.180, makes an order under section 11 of the Roads Act, it must also take in charge any open spaces, car parks, sewers, watermains, or drains within the attendant grounds of the development. Section 180 was amended in the Planning and Development (Amendment) Act 2010 to provide that a planning authority may take in charge an unfinished estate, at the request of the owners of the housing units, at any time after the expiration of the planning permission, in situations where enforcement actions have commenced or where the planning authority con-

707 Questions— 15 November 2011. Written Answers

[Deputy Phil Hogan.] sider that enforcement action will not result in the satisfactory completion of the estate by the developer. Planning authorities have also been empowered to take in charge part of an estate or some, but not all, of the facilities in an estate.

Capital Projects 420. Deputy Gerald Nash asked the Minister for the Environment, Community and Local Government if he will provide details in relation to the number and value of State capital project contracts awarded to companies registered outside the State in the years 2009, 2010 and 2011 respectively; if he will provide details in respect of the number and value of State capital project contracts awarded to companies registered in the Republic of Ireland in the years 2009, 2010 and 2011 respectively; and if he will make a statement on the matter. [34808/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The information sought across the range of my Department’s capital programmes is not readily available, or collected, in respect of all capital works funded through my Department’s capital programmes. All procurement is required to be carried out by contracting authorities in line with all national and EU guidelines, which do not allow the exclusion of any company on the basis of origin. Compilation of the information sought would involve a disproportionate amount of time and work.

Constitutional Amendments 421. Deputy Jerry Buttimer asked the Minister for Justice and Equality the total cost, includ- ing an itemised breakdown, of the Referendum Commission in respect of the Twenty-ninth Amendment to the Constitution; the amount paid to date; if he will detail any further antici- pated costs and expenses; the costs and expenses expected to be incurred in the period provided for the commission to report to him and in the period between reporting and dissolution of the commission; and if he will make a statement on the matter. [34242/11]

Minister for Justice and Equality (Deputy Alan Shatter): The information requested by the Deputy is not available to me. In accordance with the provisions of Section 13 of the Refer- endum Act 1998 the funding of a referendum commission, in relation to the performance of its functions, is the responsibility of the Minister by whom the referendum legislation is initiated. In regard to the proposal for the 30th amendment of the constitution responsibility lies with the Minister for Public Expenditure and Reform.

Residency Permits 422. Deputy Joe Costello asked the Minister for Justice and Equality the number of Romanian and Bulgarian nationals registered here in each of the past ten years; and if he will make a statement on the matter. [34315/11]

Minister for Justice and Equality (Deputy Alan Shatter): All European Union citizens com- ing to Ireland, including Bulgarian and Romanian nationals, are subject to the European Com- munities (Free Movement of Persons) (No. 2) Regulations 2006 and 2008. Those regulations transposed into Irish law the European Directive 2004/38/EC on the rights of the citizens of the Union and their family members to move and reside freely within the territory of the Member States and came into effect in April 2006.

708 Questions— 15 November 2011. Written Answers

It is open to family members of EU citizens, which may also include Romanian or Bulgarian citizen family members, to seek residence permission under the European Communities (Free Movement of Persons) Regulations 2006 and 2008 should they so wish. As the Deputy is probably aware EU citizens are not subject to the registration requirements under section 9 of the Immigration Act, 2004. The following Tables provide details of Romanian and Bulgarian nationals registered by An Garda Síochána prior to 1 January 2007 and those which sought residence permission under the European Communities (Free Movement of Persons) regulations 2006 and 2008. The numbers of Romanian and Bulgarian nationals registered with An Garda Síochána are as follows:

Year Romanian Bulgaria

2003* 5,356 1,229 2004 5,594 1,180 2005 6,995 1,194 2006 7,275 1,334 2007** 6,297 966 2008 1,592 186 2009 952 142 2010 493 89 Note: *2003 is the first full year for which computer records for registrations are available. **On the 1st January 2007 both Romania and Bulgaria became Member States of the European Union and their citizens are no longer required to register with An Garda Síochána. The registration figures for the years after that reflect the numbers of those citizens, the majority of whom, received long term registrations in the year prior to 2007.

Applications for residence permission under the European Communities (Free Movement of Persons) regulations 2006 and 2008.

EU Treaty Rights Section applications from persons from Romania or Bulgaria

Nationality 2006 2007 2008 2009 2010 2011 Total (30 Sept)

Bulgaria Applications Received 0 12 6 9 10 12 49 Applications Granted 25430014

Romania Applications Received 2 17 39 51 26 45 180 Applications Granted 8 11711230 Figures relate to the year in which the decision to approve was made, not the year of application. Applications approved on review are excluded from the above tables.

Citizenship Applications 423. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of an application for regularisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [33974/11] 709 Questions— 15 November 2011. Written Answers

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Irish Natural- isation and Immigration Service (INIS) that an application was received in the Department from the person referred to by the Deputy. I am informed that correspondence issued on the 10th November to the person referred to by the Deputy granting permission to remain on Stamp 2 (student conditions) for a period of one year. Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

Garda Vetting of Personnel 424. Deputy Jack Wall asked the Minister for Justice and Equality the position regarding the Garda vetting procedure; the waiting time for such reports to be evaluated; the number on such waiting lists; and if he will make a statement on the matter. [33978/11]

Minister for Justice and Equality (Deputy Alan Shatter): Garda vetting certificates are issued to specified registered organisations in respect of a particular post or employment in response to a written request and with the permission of the person who is the subject of that request. Decisions on the suitability for the recruitment/engagement of the person concerned rest at all times with the recruiting organisation. I am informed by the Garda Authorities that at present, there are around 50,000 applications in the course of being processed. The Garda authorities also inform me that the latest infor- mation indicates that the average processing time for Garda vetting applications at the Garda Central Vetting Unit (GCVU) now is 5 weeks. This is a significant improvement on the average processing time of 12 weeks at the end of last year. All organisations registered for Garda Vetting are aware of the processing time frames for the receipt of Garda vetting and have been advised to factor this into their recruitment and selection process. This processing time can, nevertheless, be affected by seasonal fluctuations or the necessity to seek further information on particular applications which may result in the processing time exceeding the present aver- age of 5 weeks. I am very conscious of the need to keep the time required to obtain a vetting to the minimum possible. Since taking office I have taken a number of initiatives with a view to achieving this objective. The sanction of the Department of Public Expenditure and Reform was obtained to retain the services of 10 temporary employees working in the GCVU. Sanction was also obtained to engage an additional 10 temporary employees and these have recently commenced work in the GCVU. A further initiative to provide internships through the National Internship Scheme, “Job Bridge”, under the aegis of the Department of Social Protection, is also currently under way. All of this should have a further positive impact on processing times.

Courts Service 425. Deputy Gerald Nash asked the Minister for Justice and Equality if he will confirm a date when the Courts Service offices in Drogheda, County Louth, will relocate to alternative accommodation in the ownership of Louth local authorities in Drogheda; and if he will make a statement on the matter. [33979/11]

710 Questions— 15 November 2011. Written Answers

Minister for Justice and Equality (Deputy Alan Shatter): The Deputy will be aware that, under the provisions of the Courts Service Act 1998, the Courts Service is independent in the performance of its functions and I have no role in the matter. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that while they are in discussions with Drogheda Borough Council about the accommodation for the District Court office in Drogheda they are not in a position at the present time to confirm a date for vacation of the current premises.

Garda Strength 426. Deputy Patrick Nulty asked the Minister for Justice and Equality the number of posts in an Garda Síochána that have not been filled following retirements as a consequence of the public sector recruitment ban. [33992/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda Auth- orities that as of the 31 October 2011, the total strength of An Garda Síochána was 14,099 which is a net reduction of 453 since the moratorium on recruitment was introduced in March 2009.

Illegal Trespass 427. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will respond to correspondence (details supplied) regarding a legal loophole; and if he will make a statement on the matter. [33997/11]

Minister for Justice and Equality (Deputy Alan Shatter): The position is that trespass to land is a civil wrong or tort, which for the most part, falls to be dealt with by a civil remedy, usually a court order directing the trespasser to leave the land in question. The nature and scope of any such order is a matter for the courts to determine. Separately, in certain circumstances trespass may be dealt with under the criminal law. The Prohibition of Forcible Entry and Occupation Act 1971 and the Criminal Justice (Public Order) Act 1994 (as amended) provide for a range of offences in relation to trespass to property. In particular, Part IIA of the Criminal Justice (Public Order) Act 1994, as inserted by section 24 of the Housing (Miscellaneous Provisions) Act 2002 provides, inter alia, for offences relating to the unauthorised entry onto and occupation of land, including land provided or maintained by a statutory body or held in trust primarily for the enjoyment of the public. The legislation also empowers the Gardaí to direct trespassers to leave and remove any object (including any temporary dwellings and animals) belonging to them from the land occupied. Failure to comply with such a direction is an offence. Section 69 of the Roads Act 1993, which is the responsibility of my colleague the Minister for Transport, Tourism and Sport, prohibits the placement or retention of temporary dwellings on or at the side of a public road. In relation to the specific case raised by the Deputy’s correspondent, I would suggest that the civil and criminal provisions outlined above be explored to the greatest extent possible to address the matter. In particular, any alleged breach of the criminal law should be reported to the Garda Síochána. My Department will, of course, continue to keep the law on trespass under review.

Crime Levels 428. Deputy Patrick O’Donovan asked the Minister for Justice and Equality if he will provide up to date statistics on the numbers of crimes reported to the County Limerick Garda districts of Askeaton, Bruff and Newcastle West, for the period January-November 2011; if he will

711 Questions— 15 November 2011. Written Answers

[Deputy Patrick O’Donovan.] provide headline statistics for the years 2008, 2009 and 2010; and if he will make a statement on the matter. [34027/11]

Minister for Justice and Equality (Deputy Alan Shatter): 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 An Garda Síochána. The Garda Síochána 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, publishing and responding to queries regarding recorded crime statistics. I have requested the CSO to provide statistics directly to the Deputy.

Legal Aid Service 429. Deputy Brendan Ryan asked the Minister for Justice and Equality when free legal aid will be provided for a person (details supplied) in County Dublin; the reason for the delay; and if he will make a statement on the matter. [34047/11]

Minister for Justice and Equality (Deputy Alan Shatter): I wish to inform the Deputy that, in accordance with the Civil Legal Act 1995, as passed by the Oireachtas, the Legal Aid Board is independent in the operation of its functions. However to be of assistance, I can inform the Deputy that the Legal Aid Board does not provide information to third parties regarding any individual who may or may not be a client of the Board. The solicitor/client relationship is protected by privilege in accordance with the terms of Section 32 of the Civil Legal Aid Act 1995. Finally, I wish to clarify for the Deputy that the Legal Aid Board provides ‘legal aid’ and not ‘free legal aid’. The vast majority of persons receiving services from the Board pay a small financial contribution.

Courts Service 430. Deputy Gerald Nash asked the Minister for Justice and Equality if his attention has been drawn to the fact that the business of summons serving is not subject to any form of regulation; his views that on the absence of regulation in this sector in the context of the current personal debt situation; and his plans to regulate the business and conduct of summons serving. [34051/11]

Minister for Justice and Equality (Deputy Alan Shatter): The Deputy will appreciate that the issue and the service of a summons in civil proceedings is as regulated by rules of court or statute and, since a summons is a means by which a court action is commenced, the process in relation to it is one that comes under the control of the court. While I have no proposals for change at present in relation to the role of summons servers I can say that the law generally in relation to management and enforcement of debt is being examined in my Department in the context of development of proposals for a Personal Insolvency Bill. The details of those pro- posals will be announced in the near future.

Prison Education Service 431. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality if he will provide an update on literacy policies in our prison service; the penal institutions that currently

712 Questions— 15 November 2011. Written Answers have formal literacy policies; the engagement he has with the Department of Education and Skills in terms of drafting, formulating and the supervision of literacy and education policies in our prison system; and if he will make a statement on the matter. [34052/11]

450. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality the various literacy policies available in our prison service; the penal institutions that have formal literacy policies; the engagement he has with the Department of Education and Skills in formulating and supervising literacy and education programmes in our penal system; and if he will make a statement on the matter. [34453/11]

Minister for Justice and Equality (Deputy Alan Shatter): I propose to take Questions Nos. 431 and 450 together. Prison educational services are available in all institutions and are provided in partnership with the Vocational Education Committees (VECs) and a range of other educational agencies. Broad programmes of education are provided which generally follow an adult education approach. The Department of Education and Skills provide an allocation of 220 whole-time teacher equivalents through the VECs. Other agencies also contribute including the Open University and the Arts Council. Literacy work is an important element of the prison education curriculum. The literacy cur- riculum concentrates on the needs of the individual and aims to improve self-esteem and build confidence. It is unfortunately the case that a significant number of prisoners have virtually no literacy skills. More than twice as many prisoners are at the lowest level compared with the general population with 52% of prisoners at Level 1 or Pre-Level 1 literacy levels. These were the key findings of a survey carried out in 2003 which was reported in the Irish Prison Service publi- cation entitled “The Prison Adult Literacy Survey — Results and Implications”. The Deputy will also be aware that the Inspector of Prisons recommended in his 2010 Annual Report that an independent audit be commissioned by the Irish Prison Service examining the type of education being provided, the relevance of such education, the numbers being educated and the value for money being provided. This audit is currently under way and focuses, among other things, on the capacity, range, level and type of education provision (including adult basic education), on participation levels, and on ways in which demand for education can be further developed and met. When the review is completed, the findings will be assessed in conjunction with the Department of Education and Skills and the relevant VECs with a view to early implementation of the recommendations.

Garda Operations 432. Deputy Brian Stanley asked the Minister for Justice and Equality the maximum length of time that blood and urine samples from a deceased person can be held by the gardaí before they are submitted to the State laboratory for testing. [34053/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda auth- orities that, following the death of a person which is the subject of investigation, blood and urine samples are taken by the pathologist during the post mortem process for toxicology analysis. At the time the samples are taken by the pathologist they are immediately provided to members of An Garda Síochána attending the post mortem examination for transmission to Eolaíocht Fhóireínseach Éireann/the Forensic Science Laboratory for the analysis requested by the pathologist.

713 Questions— 15 November 2011. Written Answers

Garda Stations 433. Deputy Billy Kelleher asked the Minister for Justice and Equality if he will confirm whether Grenagh and Rathduff Garda station, County Cork is to be closed; and if he will make a statement on the matter. [34095/11]

Minister for Justice and Equality (Deputy Alan Shatter): A final decision on whether station closures will take place, and if so what stations, will be taken in the context of the Commis- sioner’s draft Policing Plan for 2012 and will be announced shortly. The policing plan will also be laid before each House of the Oireachtas. It is the case that, as with every other public sector organisation, the Garda Síochána is going to have to manage with reduced resources. The Garda Commissioner has therefore quite properly been reviewing all aspects of the Garda Síochána’s policing model, including the deployment of personnel, the utilisation of modern technologies and the operation of Garda stations, both in terms of opening hours and possible closures. The purpose of the review is to ensure that Garda resources are managed and deployed in the most appropriate manner to meet existing and emerging policing requirements and to maintain Garda frontline services — which is consistent with Government policy. Clearly an examination of the opening hours, and in some cases the viability, of stations will form part of this. In that regard the Garda Commissioner will have to consider whether, in appropriate cases, a better policing service could be delivered to a local community by having Garda members out on patrol rather than in a station.

Crime Levels 434. Deputy Billy Kelleher asked the Minister for Justice and Equality the policing measures to be put in place to cope with the perceived increasing level of crime in Grenagh and Rathduff, County Cork; and if he will make a statement on the matter. [34096/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda auth- orities that current policing measures in place, in support of regular uniform and plain clothes patrols, in the areas referred to include patrols under dedicated crime prevention and detection initiatives established by local Garda management. Such patrols are undertaken daily at times when an increased risk of criminal behaviour has been identified, through ongoing monitoring of crime trends. These patrols are supplemented by ongoing patrols and checkpoints under- taken by Divisional Traffic Corps personnel and the Regional Support Unit. Local Garda management closely monitors the allocation of resources in the context of crime trends, policing needs and other operational strategies in place, on a District, Divisional and Regional level, to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public. Senior Garda management is satisfied that a full and compre- hensive policing service continues to be delivered and that current structures in place meet the requirement to deliver an effective and efficient policing service to the community. The service provided is kept under continuing review.

Residency Permits 435. Deputy Alan Farrell asked the Minister for Justice and Equality the reasons for refusal of a permanent residency card in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [34101/11]

714 Questions— 15 November 2011. Written Answers

Minister for Justice and Equality (Deputy Alan Shatter): I wish to advise the Deputy that the person in question applied for a permanent residence card under the provisions of the European Communities (Free Movement of Persons) Regulations 2006 and 2008 on 7 December 2010. By letter dated 9 June 2011 the applicant was advised that their application for a permanent residence card had been refused and the reasons for the refusal were as set out in that letter. The applicant on 10 August 2011 submitted a request for review of the decision to refuse a permanent residence card. EU Treaty Rights Review Unit, of my Department, on 2 November 2011 wrote to the applicant requesting that further documentation be submitted within 10 days to enable a decision on the review application to be made. A response to this letter is awaited. On receipt of a response, it will then be possible to finalise the review application. Queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

Garda Stations 436. Deputy Denis Naughten asked the Minister for Justice and Equality further to parliamentary Question No. 177 of 5 October 2011, if he will provide an update; and if he will make a statement on the matter. [34147/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am advised by the Garda auth- orities that refurbishment work at the station referred to by the Deputy is being finalised and that it is expected to be available for Garda use in a matter of weeks.

Croke Park Agreement 437. Deputy Dominic Hannigan asked the Minister for Justice and Equality the number of Croke Park Agreement projects that each State agency under his aegis are progressing; if he will list each project by Department in tabular form; the amount to be saved by each project; the number that have been completed since the agreement came into force; and if he will make a statement on the matter. [34161/11]

Minister for Justice and Equality (Deputy Alan Shatter): The Implementation Plans of the Department and its Agencies under the Public Service Agreement involve 295 actions. The latest progress reports (covering the period April to September 2011), which are currently being considered by the Implementation Body, show that 224 of these actions are proceeding according to schedule. The Body is due to publish a summary of the progress reported to it on its website shortly. Once the Body has completed its consideration, the progress reports of the Department and its Agencies will be published on the websites concerned. The websites of organisations under the remit of the Department of Justice and Equality may be accessed via the Department’s website at www.justice.ie/about us/agencies, related bodies.

Asylum Support Services 438. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a transfer to alternative accommodation will be arranged in the case of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [34182/11]

715 Questions— 15 November 2011. Written Answers

Minister for Justice and Equality (Deputy Alan Shatter): The family referred to in the ques- tion is currently availing of accommodation at the Old Convent accommodation centre, Bally- haunis, County Mayo. If the family wish to transfer to an alternative direct provision accom- modation they should apply using the transfer request form available at the centre and provide any medical or other relevant documentation in support of their request. The request should be sent to the Reception and Integration Agency (RIA) which will give it consideration. Queries in relation to the status of individual immigration cases, including those relating to accommodation, may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date infor- mation on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

Residency Permits 439. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will defer the decision pending or taken in the determination of residency status in the case of a person (details supplied) in Dublin 24 until a full review has been made into the very serious history and background of human rights abuses in their native country; and if he will make a statement on the matter. [34183/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned applied for asylum on 26th January, 2010. In accordance with the provisions of Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided. On 2nd February, 2010, the person concerned applied to the International Organisation for Migration (IOM) to voluntarily return to her country of origin. The person concerned sub- sequently applied for a student visa and the IOM closed its file on the case. On 11th June, 2010, the person concerned withdrew her asylum application and was declared not to be a refugee on 16th June, 2010 by the Refugee Applications Commissioner, in accord- ance with section 13(2)(a)(b) of the Refugee Act 1996 (as amended). Arising from the withdrawal and subsequent refusal of her asylum application, and in accord- ance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 7th July, 2010, that the then Minister proposed to make a Deportation Order in respect of her. 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 a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for Subsidiary Protection. When consider- ation of this application has been completed, the person concerned will be notified in writing of the outcome. In assessing the application, regard will be given to the specific claims made by the applicant as measured against objective, reputable, up to date information relating to the applicant’s country of origin. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. All representations submitted will be considered before a

716 Questions— 15 November 2011. Written Answers final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned. Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Citizenship Applications 440. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when more favourable consideration will be given in respect of an application for naturalisation in the case of a person (details supplied) in view of the grounds of previous refusal; and if he will make a statement on the matter. [34184/11]

Minister for Justice and Equality (Deputy Alan Shatter): Applications for a certificate of naturalisation from the persons referred to in the Deputy’s Question were received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) in June 2010 and December 2008 respectively. In relation to the application from the first-named person, my predecessor refused the appli- cation and the person concerned was informed of that decision and the reasons for it in a letter issued to her on 18 January, 2011. On examination of the application from the second person referred to in the Deputy’s question, it was determined that the person in question did not meet the statutory requirements as set out in the Irish Nationality and Citizenship Act 1956, as amended. The person concerned was informed that her application had been deemed ineli- gible in a letter issued to her on 16 June, 2010. Section 15 of that Act provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must—

• be of full age

• be of good character

• have had a period of one year’s continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years

• have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—

(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and (ii) undertaken to faithfully observe the laws of the State and to respect its democratic values. In the context of naturalisation, certain periods of residence in the State are excluded. These include—

• periods of residence in respect of which an applicant does not have permission to remain in the State

717 Questions— 15 November 2011. Written Answers

[Deputy Alan Shatter.]

• periods granted for the purposes of study

• periods granted for the purposes of seeking recognition as a refugee within the mean- ing of the Refugee Act, 1996.

It is open to any individual to lodge an application for citizenship, or make a fresh application, if and when they are in a position to meet the prescribed statutory requirements. Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

Visa Applications 441. Deputy Patrick Nulty asked the Minister for Justice and Equality the criteria under which Bosnian citizens who have relations here admitted to the country as programme refugees may attain a visa to visit them. [34270/11]

Minister for Justice and Equality (Deputy Alan Shatter): It is open to any visa required national to apply for a visa for any purpose and citizens of Bosnia are no different from other visa required nationalities in this regard. Each visa application is considered on its individual merits. In assessing any Visa application, the Visa Officer will consider various matters, includ- ing whether it is reasonable in the circumstances to conclude that the applicant would honour the conditions of the Visa and whether there is a significant risk that the applicant would overstay the period applied for. The Visa Officer will also have regard to all of the information available to them and to such factors as the applicant’s ties and general circumstances in their country of origin. The onus rests at all times with the applicant to satisfy the Visa Officer that the visa sought should be granted. Guidelines on the application process including details of the required supporting documentation can be found on the website of the Irish Naturalisation and Immigration Service (www.inis.gov.ie).

Garda Stations 442. Deputy Jonathan O’Brien asked the Minister for Justice and Equality his plans for garda stations in County Cork; his plans to amend opening times; his plans to protect rural residents; and if he will make a statement on the matter. [34279/11]

Minister for Justice and Equality (Deputy Alan Shatter): A final decision on whether station closures will take place, and if so what stations, will be taken in the context of the Commis- sioner’s draft Policing Plan for 2012 and will be announced shortly. The policing plan will also be laid before each House of the Oireachtas. It is the case that, as with every other public sector organisation, the Garda Síochána is going to have to manage with reduced resources. The Garda Commissioner has therefore quite properly been reviewing all aspects of the Garda Síochána’s policing model, including the deployment of personnel, the utilisation of modern technologies and the operation of Garda stations, both in terms of opening hours and possible closures.

718 Questions— 15 November 2011. Written Answers

The purpose of the review is to ensure that Garda resources are managed and deployed in the most appropriate manner to meet existing and emerging policing requirements and to maintain Garda frontline services — which is consistent with Government policy. Clearly an examination of the opening hours, and in some cases the viability, of stations will form part of this. In that regard the Garda Commissioner will have to consider whether, in appropriate cases, a better policing service could be delivered to a local community by having Garda members out on patrol rather than in a station.

Crime Statistics 443. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the number of arrests and prosecutions of proprietors of premises selling psychoactive products, head shops, have been taken in the past year since the passage of the Criminal Justice (psychoactive substances) Act 2010. [34284/11]

444. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality if he has been informed by An Garda Síochána authorities as to the number of raids on properties suspected of being involved in the sale and supply of substances covered under the Criminal Justice (Psychoactive Substances) Act 2010.; and the amount and type of substances confiscated in those raids. [34285/11]

Minister for Justice and Equality (Deputy Alan Shatter): I propose to take Questions Nos. 443 and 444 together. The Criminal Justice (Psychoactive Substances) Act 2010, which came into effect on 23 August 2010, is one element of the State’s approach to targeting the activities of ‘headshops’ and the sale of unregulated psychoactive substances. The Act works in tandem with the ongoing controlling, as appropriate, of identified harmful substances by the Department of Health through the Misuse of Drugs legislation. The Act has had a significant impact in reducing the number of ‘headshop’ outlets currently operating in the State. I am informed by the Garda authorities that since the Act came into effect a series of test- purchasing operations has been conducted at such premises by personnel from the Garda National Drug Unit, with approximately 70 inspections under the provisions of section 12 of the legislation having taken place nationwide. This has resulted in the seizure of a range of products, including cannabanoid products, cathinone substances and substances suspected to contain benzylpiperazine or its derivatives, the value of which are estimated to be worth less than €100,000. At this time, three of the remaining outlets which continue to operate are selling products intended for human consumption. During a test purchase operation at one of these premises a product subsequently found to contain ‘Salvinorin A’, a psychoactive substance which has now been placed under the control of the Misuse of Drugs legislation, was purchased. The proprietor of the premises was arrested and interviewed resulting in the submission of an investigation file to the Law Officers and further directions in this matter are awaited. Finally, I am advised that the Garda National Drug Unit is continually monitoring retail outlets involved in the sale of products traditionally sold by ‘headshops’ and, in partnership with it’s European counterparts, is constantly monitoring the topography of the headshop phenomenon in order to identify emerging trends and patterns in this area.

719 Questions— 15 November 2011. Written Answers

Garda Deployment 445. Deputy asked the Minister for Justice and Equality the reason the number of local authority housing are taken into consideration by An Garda Síochána when utilising the Garda establishment redistribution model in allocating personnel across divisions; and if he will make a statement on the matter. [34313/11]

Minister for Justice and Equality (Deputy Alan Shatter): I have requested the information sought by the Deputy from the Garda Authorities, and when I have that information to hand I will write to the Deputy directly.

Garda Complaints Procedures 446. Deputy Joe Costello asked the Minister for Justice and Equality if the gardaí have supplied all the information requested by the Garda Síochána Ombudsman Commission in respect of the complaint made by a person (details supplied) in County Offaly; if he will ensure that the complaint is completed without delay; and if he will make a statement on the matter. [34316/11]

Minister for Justice and Equality (Deputy Alan Shatter): The Garda Siochana Ombudsman Commission (GSOC) is an independent statutory body which was set up under the Garda Siochana Act 2005 and has oversight functions in relation to the Garda Siochana. GSOC reports annually to me in relation to the performance of its functions and their annual reports are laid before the Houses of the Oireachtas. As Minister for Justice and Equality, I have no function in relation to the processing by GSOC of individual complaints referred to it for investigation. Requests for information regarding the status of such complaints should be addressed directly to GSOC.

447. Deputy Joe Costello asked the Minister for Justice and Equality if the internal Garda inquiry has taken place into the case of a person (details supplied) in County Louth; if so, the action that has been taken as a result; and if he will make a statement on the matter. [34318/11]

Minister for Justice and Equality (Deputy Alan Shatter): In July 2009 the Garda Com- missioner forwarded to my Department and to the Garda Síochána Ombudsman Commission a detailed report of the Garda inquiry carried out by an Assistant Commissioner into events related to the case to which the Deputy refers. This case is the subject of an ongoing public interest inquiry by the Ombudsman Commission under section 102(4) of the Garda Síochána Act 2005. In the circumstances, therefore, I believe that it would not be appropriate for me to make any further comment about the case pending the outcome of the Ombudsman Commission’s work. If any action on my part is required as a result of the Ombudsman Commission’s investigations then I will take it.

Irish Prison Service 448. Deputy Dominic Hannigan asked the Minister for Justice and Equality the cost of transporting members of the prison population from prison to hospitals for cosmetic procedures in the years 2007, 2008, 2009, 2010 and 2011; and if he will make a statement on the matter. [34350/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am advised by the Irish Prison Service that no prisoners were transported to hospital, in the years mentioned, for medical procedures for cosmetic reasons.

720 Questions— 15 November 2011. Written Answers

Prisoners have an entitlement to the same standard of healthcare as members of the public who hold a medical card. Most prisoners receive care through the primary care system (involving doctors, nurses and other healthcare professionals) which is delivered in each prison setting. Where a doctor or other healthcare professional operating in a prison determines that a prisoner requires treatment in an external setting (emergency department, out patients department, surgical procedure etc), following a comprehensive clinical assessment, a referral is made to the public health system. Where prisoners attend for hospital appointments, decisions regarding their clinical care is determined on the same basis as persons in the community accessing public health services.

Family Law Proceedings 449. Deputy Brendan Griffin asked the Minister for Justice and Equality if a person who is party to family law proceedings is in breach of the in camera rule if they report the giving of false evidence in a family law hearing to An Garda Síochána; and if he will make a statement on the matter. [34360/11]

Minister for Justice and Equality (Deputy Alan Shatter): The Deputy will appreciate that I am not in a position as Minister for Justice and Equality to provide legal advice in response to Parliamentary Questions. However, I can indicate the following by way of general information. Under the law as it stands the giving of false evidence in any court proceedings, including family law proceedings, is an offence punishable by imprisonment. Since the offence is one that occurs before the court it is open to the court at any time to decide on the course of action that is required and, in the case of any difficulties, to give directions on the matter.

Question No. 450 answered with Question No. 431.

Garda Transport 451. Deputy Robert Troy asked the Minister for Justice and Equality the number of Garda vehicles that are attached to each Garda station in the Longford Westmeath district; and the number of Garda vehicles that were attached to these stations in 2009 and 2010. [34484/11]

Minister for Justice and Equality (Deputy Alan Shatter): The establishment of new Divisions and a realignment of Divisional boundaries within An Garda Síochána took place in January 2009. In that context I am advised by the Garda authorities that the Longford/Westmeath Division was divided into (1) the Westmeath Division and (2) the Roscommon/Longford Division. In response to the information sought by the Deputy the Garda authorities have provided the following details:

Roscommon/Longford Division 2011 (Year to Date) 2010 No. of vehicles 2009 No. of vehicles No. of vehicles

Boyle District Boyle 3 2 2 Elphin 1 1 1 Roosky 1 1 1 Castlerea District Ballaghdereen 1 1 1 Castlerea 5 6 6 Granard

721 Questions— 15 November 2011. Written Answers

[Deputy Alan Shatter.] Roscommon/Longford Division 2011 (Year to Date) 2010 No. of vehicles 2009 No. of vehicles No. of vehicles

Edgeworthstown 2 2 3 Granard 3 2 4 Longford District Ballymahon 2 2 1 Lanesborough 1 1 0 Longford 7 8 10 Roscommon District Clonark 0 0 1 Rosscommon 14 15 19

Westmeath Division 2011 (Year to Date) 2010 No. of vehicles 2009 No. of vehicles No. of vehicles

Athlone District Athlone 7 8 7 Glasson 1 1 1 Kilbeggan 1 1 1 Moate 5 5 4 Mullingar District Ballynacargy 1 1 0 Castlepollard 1 1 1 Castletown 1 1 1 Delvin 1 2 1 Finea 0 0 1 Killucan 0 0 1 Kinnegad 1 1 1 Mullingar 27 29 33 Rochfortbridge 1 1 1

Departmental Staff 452. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if it is true that jobs from his Department based in Killarney, County Kerry are being moved to another county; if so, the number of jobs that will be lost to the Killarney area; the location to which they are moving; the reason for same; and if he will make a statement on the matter. [34495/11]

Minister for Justice and Equality (Deputy Alan Shatter): My Department operates a Finan- cial Shared Services Centre in Killarney, County Kerry and there are no plans to move the staff in it to another county.

Appointments to State Boards 453. Deputy Liam Twomey asked the Minister for Justice and Equality the number of posi- tions on State boards and agencies under his aegis which he has advertised in the past seven months; the number of applications received; the number of applicants subsequently appointed; and if he will make a statement on the matter. [34509/11] 722 Questions— 15 November 2011. Written Answers

Minister for Justice and Equality (Deputy Alan Shatter): I can inform the Deputy that I recently advertised for expressions of interest from members of the public interested in serving on the 3-person Garda Síochána Ombudsman Commission. No appointments have been made yet but when the selection process is completed appointments will be made by the President on the nomination of the Government. The following vacancies in respect of positions other than on State Boards or Agencies were also advertised:— Expressions of interest were sought through public advertisement from suitably qualified and experienced persons for nomination as Ireland’s representative to the Council of Europe Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). Forty-eight expressions of interest were received. In line with the procedures for nomi- nation to the CPT, three individuals were nominated for consideration. It is a matter for the CPT to decide which nominee will be appointed; that process is expected to be finalised shortly. Expressions of interest were sought through public advertisement from suitably qualified and experienced persons for nomination as Ireland’s representative to the European Commission Against Racism and Intolerance (ECRI). A total of 31 valid applications were received by the deadline of 2 September 2011. One nomination was sent to the ECRI Committee for consideration by the deadline of 30 September 2011. The nomination of Ireland’s new member of ECRI is expected to be ratified by the Committee of Ministers Deputies at their meeting to be held 22-24 November 2011. A number of judicial vacancies have been advertised in the last seven months by the Judicial Appoint- ments Advisory Board. The Board was established pursuant to the Court and Courts Officers Act 1995. The purpose of the Board is to identify persons and inform the Government of the suitability of those persons for appointment to judicial office. The Board places advertisements for applications for judicial appointments in the national press. The Board submits to the Minister for Justice and Equality the names of all persons who have informed the Board of their wish to be considered for appointment to that judicial office and the names of at least seven persons whom it recommends for appointment. Judicial appointments are made by the President on the nomination of the Government. On 2 September 2011, the Public Appointments Service placed advertisements for appli- cations for the position of Taxing Master of the High Court. The closing date for applications was 16 September 2011. A short-list of candidates is currently being considered by the Public Appointments Service and the Government hopes to make the necessary appointment shortly.

Drug Seizures 454. Deputy Luke ‘Ming’ Flanagan asked the Minister for Justice and Equality if the Forensic Science Laboratory has found grit weed contamination in samples of cannabis seized in recent times; if he will make available the results of analysis carried out by the Forensic Science Laboratory; and if he will make a statement on the matter. [34536/11]

Minister for Justice and Equality (Deputy Alan Shatter): I can inform the Deputy that the Forensic Science Laboratory is independent of me in its work and I have no role in its day to day operations. However, in order to be of assistance to the Deputy I have had enquiries made with Forensic Science Laboratory and I am informed that the Laboratory’s analysis focusses on the identifi- cation of the controlled drug. Other contaminants may be noted but are not formally moni- tored. The Forensic Science Laboratory were aware of cases with crushed glass and/or tiny

723 Questions— 15 November 2011. Written Answers

[Deputy Alan Shatter.] beads in 2007 and 2008. However, the staff who analyse drugs do not recollect seeing contami- nants in samples in 2011.

Garda Deployment 455. Deputy Thomas Pringle asked the Minister for Justice and Equality the full cost to the State for the Garda presence for the Corrib gas project; and if he will make a statement on the matter. [34552/11]

456. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of gardaí stationed in north Mayo used to police the Corrib gas project and protest; and if he will make a statement on the matter. [34553/11]

Minister for Justice and Equality (Deputy Alan Shatter): I propose to take Questions Nos. 455 and 456 together. I have asked the Garda authorities for an update of the costs of the policing operation and I will revert to the Deputy as soon as the information becomes available. The deployment of Garda resources to police protest actions in the North Mayo area connected with the Corrib Gas Project is a matter for the Garda Commissioner. The aim is to prevent public order offences and to ensure that people can go about their lawful business. The Garda Commissioner has informed me that the policing measures currently in place are deemed necessary to prevent breaches of the criminal law in the area.

Ministerial Staff 457. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the number of his constituency and parliamentary staff, appointed following the February 2011 elections, on salaries that exceed their applicable pay scale grade; the number of his existing and parliamentary staff employed prior to the February 2011 elections but awarded salary increases following the election that exceed their applicable pay scale grade; and if he will provide their annual salary details in a tabular format. [34574/11]

Minister for Justice and Equality (Deputy Alan Shatter): As the Deputy is no doubt aware, this Government provided for a reduction in the number of staff in a Minister’s Private and Constituency Offices. Three of my four permitted appointments as Minister for Justice & Equality had worked for me immediately prior to my appointment. The salary details of these three staff are set out below.

Details Salary (as of November 2011)

Special Advisor €80,051 — €92,672 Personal Assistant €43,715 — €56,060 Personal Secretary €23,820 — €47,755

The salaries of all of my personal appointments are in accordance with the applicable pay scales as provided for in Government Decision of 15th March 2011.

Pension Provisions 458. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if when a 724 Questions— 15 November 2011. Written Answers garda takes up a new post within the public sector on retirement from An Garda Síochána they must rescind their Garda pension until such time as they retire from their new position; and if not, the pension arrangements for such a person. [34629/11]

Minister for Justice and Equality (Deputy Alan Shatter): The pension of a retired Garda who takes up employment elsewhere in the public sector is not affected by such employment. A Bill to provide for a Single Public Service Pension Scheme has been initiated in the Dáil by the Minister for Public Expenditure and Reform which, I understand, will address this matter.

Surrogacy Issues 459. Deputy Michael Creed asked the Minister for Justice and Equality the progress made on establishing protocols for couples embarking on having children by surrogacy abroad; and if he will make a statement on the matter. [34638/11]

Minister for Justice and Equality (Deputy Alan Shatter): A guidance document for people who are considering arranging for a surrogate mother to give birth to a child outside the State is at an advanced stage of preparation by an interdepartmental group coordinated by the Office of the Attorney General. I expect that the guidance document will be finalised for publi- cation shortly.

Visa Applications 460. Deputy Ciarán Lynch asked the Minister for Justice and Equality when a visa application will be decided in respect of a person (details supplied); and if he will make a statement on the matter. [34655/11]

Minister for Justice and Equality (Deputy Alan Shatter): The visa application referred to by the Deputy was received in the Visa Office, Dublin on the 26 August 2011. Whilst a preliminary assessment of the application has been completed, the application referred to is awaiting a comprehensive examination. Applicants are advised to make their application at least eight weeks in advance of the proposed date of travel. It should however be borne in mind that the time frame of eight weeks acts as a guideline only. The actual time-frame for decision is ultimately dependent on a number of factors, two of these being the number of applications on hand and the resources available to process them. I can advise that each visa application is considered on its individual merits, the onus as always resting with the applicant to establish to the satisfaction of the Visa Officer as to why the visa sought should be granted. The applicant will be notified of the decision in due course. Queries in relation to general immigration matters may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

Identity Cards 461. Deputy Seán Kenny asked the Minister for Justice and Equality the number of Garda age ID cards issued for the years 2007, 2008, 2009, 2010 and to date in 2011; the average time to process the Garda age ID cards in each of these years; the amount generated in each of these years; and if he will make a statement on the matter. [34684/11]

725 Questions— 15 November 2011. Written Answers

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda auth- orities that the following table contains the number of Garda National Age Cards issued from 2007 to 2011 (up to 31 October) and the amounts paid in fees.

Year Number of Cards Issued Fees Paid

2011 (up to 31 October) 35,744 €478,680 2010 39,952 €399,520 2009 36,351 €363,510 2008 35,268 €352,680 2007 31,653 €316,530

In the years 2007-2010 inclusive, the time taken to process an application was approximately 6 - 8 weeks. Following the introduction of an online application system on 5 January, 2011, the time taken to process an application is now approximately2-3weeks.

Garda Strength 462. Deputy Seán Kenny asked the Minister for Justice and Equality the number of gardaí currently in the Garda air support unit by rank; the number of civilians by grade in the unit; and if he will make a statement on the matter. [34685/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda auth- orities that as of the latest date for which figures are readily available, the personnel strength of the Garda Air Support Unit was as set out hereunder:

Rank Number

Sergeant 5 Gardaí 16 Civilians 0

Total 21

Visa Applications 463. Deputy Michael McGrath asked the Minister for Justice and Equality in view of recent political developments in Libya, if he will provide details of the procedure which apply to Libyan nationals applying for a short-time visa to visit Ireland; and if he will make a statement on the matter. [34707/11]

Minister for Justice and Equality (Deputy Alan Shatter): I can advise the Deputy that there has been no change or alteration in the visa application procedures for Libyan nationals not- withstanding the recent political developments to which the Deputy refers. However, the Deputy may be interested to learn that officials in my Department are cur- rently expediting the issuing of visas for a small number of Libyan patients who will be receiving urgent treatment in private medical facilities in Ireland. This initiative is on foot of recent contact involving the new Libyan authorities, the Department of Foreign Affairs and Trade, the Department of Health and my own Department. The need for this treatment stems from the recent conflict in Libya and similar arrangements have been made with a number of other European countries. It is important that Ireland makes a contribution in this regard and I am 726 Questions— 15 November 2011. Written Answers happy that my Department can support this important initiative which will help pave the way for a constructive relationship with the new government of Libya into the future. By way of general comment, the Deputy should be aware that each visa application is con- sidered on its individual merits. In assessing any Visa application, the Visa Officer will consider various matters, including whether it is reasonable in the circumstances to conclude that the applicant would honour the conditions of the Visa and whether there is a significant risk that the applicant would overstay the period applied for. The Visa Officer will also have regard to all of the information available to them and to such factors as the applicant’s ties and general circumstances in their country of origin. The onus rests at all times with the applicant to satisfy the Visa Officer that the visa sought should be granted.

Traffic Fines 464. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if he will provide a breakdown, by county, for the period of October 2010 to October 2011 of the amount of money accrued from fines that persons were caught speeding by the speed camera vans; and if he will make a statement on the matter. [34739/11]

Minister for Justice and Equality (Deputy Alan Shatter): The objective of the outsourced Garda mobile safety camera network is to reduce the number of speed related collisions and so save lives and prevent serious injury, as excessive or inappropriate speeding is a major factor in road traffic collisions. Based on an extensive analysis by An Garda Síochána, in conjunction with the National Roads Authority, of the collision history of the road network, a list of speed enforcement zones has been developed. The locations of these zones are in the public domain, including on the Garda website www.garda.ie. An Garda Síochána utilises these zones to direct speed enforcement activity, including activity by the outsourced safety camera service provider. The service provider is paid on the basis of enforcement and surveying hours conducted, and the rates are not linked in any way to the number of detections made. The collection of payments made on foot of fixed charge notices issued for road traffic offences, including speeding offences detected by both An Garda Síochána and the service provider, was outsourced to An Post in January 2006. I am advised that it is not possible to provide the specific information requested on the amounts paid in respect of fixed charge notices issued in relation to speeding detected by the service provider without a dispro- portionate use of resources.

Capital Projects 465. Deputy Gerald Nash asked the Minister for Justice and Equality if he will provide details in regard to the number and value of State capital project contracts awarded to compan- ies registered outside the State in the years 2009, 2010 and 2011, respectively; if he will provide details in respect of the number and value of State capital project contracts awarded to compan- ies registered in the Republic of Ireland in the years 2009, 2010 and 2011, respectively; and if he will make a statement on the matter. [34813/11]

Minister for Justice and Equality (Deputy Alan Shatter): In response to the Deputy’s ques- tion, the annual expenditure on my Department’s Capital Programme for 2009, 2010 and 2011 is set out below, along with the proportion of that expenditure awarded to companies outside of this jurisdiction.

727 Questions— 15 November 2011. Written Answers

[Deputy Alan Shatter.]

2009 2010 2011

Capital Programme Spend €117m €105m €50m Of which Companies classified as non-domestic €8m €5m €1.3m Number of Contracts 572 466 286 Companies classified as non-domestic 49 41 27

Visa Applications 466. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will recon- sider the refusal of a visa application in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [34886/11]

Minister for Justice and Equality (Deputy Alan Shatter): The visa application referred to by the Deputy was received in the Visa Office, Dublin on the 22 June 2011. Following full con- sideration by a Visa Officer this application was refused on the 2 September, 2011 for the following reasons: There was insufficient documentation submitted in support of the appli- cation. In particular, the Visa Officer noted that the father of the applicant had only given consent for the applicant to visit and not to reside, which was the purpose of the visa sought. It was the opinion of the Visa Officer that the granting of visa may result in a cost to public funds and/or public resources. The person concerned appealed this decision on 5 October 2011. Following full consideration by a Visa Appeals Officer the issue surrounding consent was dealt with. However, the applicant failed to address concerns surrounding the potential burden on public funds and/or public resources and the original decision to refuse was upheld on 21 October, 2011. It is of course open to the person concerned to submit a fresh visa application at any time. If doing so, the applicant should be in a position to address the concern surrounding public funds/public resources. Queries in relation to general immigration matters may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long waited.

Defence Forces Personnel 467. Deputy Aodhán Ó Ríordáin asked the Minister for Defence the position regarding a former naval serviceman (details supplied) in Dublin 3; and if he will make a statement on the matter. [34082/11]

Minister for Defence (Deputy Alan Shatter): Under the provisions of Defence Force Regu- lation A10, an enlisted member of the Permanent Defence Force who has completed less than 12 years’ service in the Permanent Defence Force is entitled to his or her discharge by purchase upon payment of the appropriate sum. There are certain provisions and exclusions in the Regu- lation which allow for reductions in the amount of this payment up to a certain level. The individual to whom the Deputy refers has purchased his discharge under the provisions of the Regulations. The Military Authorities advise that at the time of discharge the individual 728 Questions— 15 November 2011. Written Answers concerned did not make an application for the provisions of the Regulations relating to a reduction in the cost of his discharge by purchase to be applied. Should the individual wish to make a retrospective application this can be reviewed by the Military Authorities.

Croke Park Agreement 468. Deputy Dominic Hannigan asked the Minister for Defence the number of Croke Park Agreement projects that each State agency under his aegis are progressing; if he will list each project by Department in tabular form; the amount to be saved by each project; the number that have been completed since the agreement came into force; and if he will make a statement on the matter. [34154/11]

Minister for Defence (Deputy Alan Shatter): The bodies under the aegis of my Department are the Civil Defence Board, the Army Pensions Board and Coiste an Asgard. In July, the Government approved a proposal to begin drafting legislation to transfer the functions of the Civil Defence Board back into the Department of Defence. The Heads of the Civil Defence (Repeal) Bill were subsequently agreed by Government in August. The Bill is currently being drafted and it is anticipated that it will be published in early 2012. If enacted, the Bill will repeal the Civil Defence Act, 2002, dissolve the Civil Defence Board and transfer its functions, property rights, liabilities and other responsibilities to the Department of Defence. The Army Pensions Board is an independent statutory body whose main function is to inves- tigate applications for pensions, allowances and gratuities under the Army Pensions Acts. The Board has two staff members. Coiste an Asgard was the company set up to manage the National Sail Training Scheme. In September 2008, the company’s sail training vessel ‘Asgard II’ sank in the Bay of Biscay. In December 2009, the previous Government announced that the National Sail Training Scheme was to be discontinued and the funding for 2010 was cancelled. The Company has been inactive since and there is no crew or staff left on the payroll. The winding-up process is well advanced and it is anticipated that the company will be in a position to close by the end of this year, following a final audit by the Comptroller and Auditor General. The Civil Defence Board and the Army Pensions Board are encompassed in the Depart- ment’s Croke Park Action Plan. It should be noted that the Implementation Body for the Agreement is currently considering the progress reported on the implementation of Action Plans under Croke Park in each sector during the period, April to September, 2011. The Body is due to publish a summary of the progress reported to it on its website shortly.

Defence Forces Reserve 469. Deputy Aengus Ó Snodaigh asked the Minister for Defence if his attention has been drawn to the delays in clearing applicants for the Reserve Defence Force; the reason for such a delay; and when will new applicants for the reserve be allowed join the force. [34329/11]

Minister for Defence (Deputy Alan Shatter): All applicants wishing to join the Army Reserve or Naval Service Reserve must complete a Garda Vetting application form and undergo the Garda vetting process. Once completed, vetting application forms are checked at local level and then forwarded to Brigade or Naval Service Intelligence Sections for submission to the Garda Vetting Office. It takes up to 6 months for completion of the vetting process. In addition, delays in the submission of forms can arise where applicants have not completed the forms correctly. The number of personnel that can be recruited to the Army Reserve and the Naval

729 Questions— 15 November 2011. Written Answers

[Deputy Alan Shatter.] Service Reserve is dependent on the funding available for paid training. The 2011 provision allowed for the recruitment of approximately 200 personnel. The number of personnel to be recruited in the coming year will be dependent on Budget 2012, which has not been determined as yet. Accordingly there have been no decisions regarding recruitment in 2012.

470. Deputy Aengus Ó Snodaigh asked the Minister for Defence when recruitment for the Reserve Defence Force will recommence; the numbers currently in the reserve; and the limit on its numbers. [34330/11]

Minister for Defence (Deputy Alan Shatter): The tables below outline the establishment, which sets the limit on numbers who can serve in the Reserve Defence Force, and strength of each rank of the Reserve Defence Force broken down across the Army Reserve, the Reserve Defence Force Training Authority and the Naval Service Reserve as at 30 September 2011, the latest date for which figures are available. The number of personnel that can be recruited to the Army Reserve and the Naval Service Reserve is dependent on the funding available for paid training. The 2011 budget provided for approximately 30,000 paid training mandays. These mandays provide for annual paid training for existing members of the Reserve, for targeted developmental training, such as career courses and skills courses, and for certain training for new recruits. The 2011 provision allowed for the recruitment of approximately 200 personnel. The number of personnel to be recruited in the coming year will be dependent on Budget 2012, which has not been determined as yet. Accordingly there have been no decisions regarding recruitment in 2012.

730 Questions— 15 November 2011. Written Answers Army Reserve Naval Reserve 2004122448882800400 055 310321511320 OfficersOfficers NCOs Officers NCOs NCOs Non-Integrated RDF Training Authority (RDFTA): 0486181011100130031 Lt Col Comdt Capt Lt Total SM BQMS CSLt Col Comdt CQMS Capt SGT CPL Lt Total Total PTES SM CADETS BQMS Total CSLt Col Comdt CQMS Capt SGT CPL Lt Total Total PTES SM CADETS BQMS Total CS CQMS SGT CPL Total PTES CADETS Total Strength as at 30 September 2011 Strength Strength as at 30 September 2011 Strength as at 30 September 2011 Strength Established Strength Army Res EstablishedArmy Res Actual 3 130 3 274 82 277Naval 170 684 Res EstablishedNaval 280 Res Actual 18 0 535 18 4 12 0 106 28 14 133 3 838RDFTA 81 0 Non Int 10 1723RDFTA Actual 79 3 2836 7 582 5772 1 20 888 4 1656 0 0 2916 17 9292 3 1 10 0 2 5107 0 10 30 53 151 0 224

731 Questions— 15 November 2011. Written Answers

471. Deputy Aengus Ó Snodaigh asked the Minister for Defence the funding for each of the past five years for the Reserve Defence Forces. [34331/11]

Minister for Defence (Deputy Alan Shatter): Subhead D of the Defence Vote is entirely devoted to the Reserve Defence Force (RDF) and includes the provision for RDF training, gratuities, allowances and grants paid into unit funds. The annual provision and outturn for Subhead D, as per the Revised Estimates, for the years 2006 to 2010 was as follows:

Subhead D 2006 2007 2008 2009 2010 (€’000) (€’000) (€’000) (€’000) (€’000)

Provision 13,001 12,541 10,459 8,900 4,700 Outturn 9,733 8,841 9,138 6,651 4,014 The Subhead D Provision for 2011 is €4,386,000.

Defence Forces Recruitment 472. Deputy Dara Calleary asked the Minister for Defence his views on a case (details supplied); if he will have the case reviewed; the position regarding the change of information in relation to the upper age limit for recruits on the Defence Forces website since this case was highlighted; and if he will make a statement on the matter. [34377/11]

Minister for Defence (Deputy Alan Shatter): The overall situation in relation to the case of the individual referred to is currently being examined in detail by officials in my Department in consultation with the military authorities. As I am in receipt of a solicitor’s letter in the matter it would be inappropriate for me to comment further at this time. However, a full reply will issue as soon as possible. In relation to the information on the website, the Defence Forces recently introduced a new updated Defence Forces website. I am advised by the military auth- orities that it appears in converting from the old to the new website, a transcription error occurred regarding the upper age limit to qualify for enlistment in the Permanent Defence Force. In that regard, the website should have stated that “the upper age limit for recruits is less than 25 years of age” as is provided for in Defence Forces regulation DFR A.10. However the words ‘less than’ were left out of the text on the new website. The website has now been amended to reflect the legal position as set out in DFR A.10.

Appointments to State Boards 473. Deputy Liam Twomey asked the Minister for Defence the number of positions on State boards and agencies under his aegis which he has advertised in the past seven months; the number of applications received; the number of applicants subsequently appointed; and if he will make a statement on the matter. [34502/11]

Minister for Defence (Deputy Alan Shatter): The bodies under the aegis of my Department are the Civil Defence Board, the Army Pensions Board and Coiste an Asgard. The Civil Defence Act 2002 provides that the Board shall consist of at least eight but not more than fourteen members who shall be appointed by the Minister for Defence. Legislation is currently being drafted to dissolve the Civil Defence Board and transfer the functions of the Board back into the Department of Defence. I appointed the current Board as an interim measure from 11July 2011. In this context, none of the positions were advertised. Membership of the interim Board appointed from 11 July 2011 is set out in the table below. 732 Questions— 15 November 2011. Written Answers

Name Nominating Bodies

Civil Defence Board Chairperson Mr. Brian Spain Director, Department of Defence Nominated by the Minister for Defence Civil Defence Board Members Mr. Cathal Duffy Principal Officer, Department of Nominated by the Minister for Defence Defence Ms. Clare Tiernan Principal Officer, Department of Nominated by the Minister for Defence Defence Mr. Robert Mooney Principal Officer, Department of Nominated by the Minister for Defence Defence Mr. Bill Smith Director General, Civil Defence Board Appointed as Director General, Civil Defence Board Mr. Ned Gleeson County Manager, Limerick City Nominated by City & County Managers Association Council Mr. Keith Leonard Assistant Fire Advisor Nominated by the Minister for Environment, Community and Local Government Dr. Barbara Rafferty Nominated by Radiological Protection Institute of Ireland Ms. Becci Cantrell Nominated by the Environmental Protection Agency Ms. Veronica Forde Assistant Civil Defence Officer Nominated by the Civil Defence Officers Association Lt. Col. Tony Kelly SSO, Defence Forces Nominated by the Chief of Staff of the Defence Forces Detective Superintendent Orla Mc Partlin An Garda Nominated by the Commissioner of An Garda Síochána Síochána Mr. Fergal Conroy Elected volunteer member of Civil Defence Ms. Eileen Joyce Elected staff member of the Civil Defence Board

No appointments have been made to the Army Pensions Board or to the Board of Coiste an Asgard since I took office as Minister for Defence. In the context of settling the Estimates for the Department of Defence for 2010, the Govern- ment decided that the national sail training scheme operated by Coiste an Asgard would be discontinued as recommended in the Report of the Special Group on Public Service Numbers and Expenditure. As a result, no funding was provided in 2010 or 2011. The Board will be dissolved shortly.

Ministerial Staff 474. Deputy Mary Lou McDonald asked the Minister for Defence the number of his constitu- ency and parliamentary staff, appointed following the February 2011 elections, on salaries that exceed their applicable pay scale grade; the number of his existing and parliamentary staff employed prior to the February 2011 elections but awarded salary increases following the election that exceed their applicable pay scale grade; and if he will provide their annual salary details in a tabular format. [34567/11]

Minister for Defence (Deputy Alan Shatter): As Minister for Defence, I have engaged a personal assistant who will assist me with constituency matters. The annual salary attached to this post is €56,060, which does not exceed the applicable payscale as set down in Department of Finance guidelines. I have not appointed any parliamentary staff in my role as Minister for Defence. No parliamentary staff employed prior to the February 2011 elections are employed at the Department of Defence. 733 Questions— 15 November 2011. Written Answers

Capital Projects 475. Deputy Gerald Nash asked the Minister for Defence if he will provide details in regard to the number and value of State capital project contracts awarded to companies registered outside the State in the years 2009, 2010 and 2011 respectively; if he will provide details in respect of the number and value of State capital project contracts awarded to companies regis- tered in the Republic of Ireland in the years 2009, 2010 and 2011 respectively; and if he will make a statement on the matter. [34806/11]

Minister for Defence (Deputy Alan Shatter): The Department is engaged in an ongoing capital building programme designed to modernise and enhance the living, training, operational and accommodation facilities available to members of the Defence Forces. The programme focuses mainly on infrastructural projects comprising the construction of new buildings and the refurbishment of existing buildings. The breakdown of capital project contracts awarded, both outside and within the State in the years 2009 to date in 2011, are listed in the table overleaf. These include various professional construction consultancy services in connection with building and engineering capital projects under Subhead L, Buildings.

State Capital Contracts awarded to State Capital Contracts awarded to companies registered outside the State companies registered in the Republic of Year Ireland

Number Value Number Value

2009 2 €1.63m 53 €9.43m 2010 1 €0.79m 72 €8.61m 2011 0 €0.00m 22 €6.17m

Disadvantaged Areas Scheme 476. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will ensure that farmers do not have their area aid payments cut in view of the fact that they are finding it difficult enough to manage their budgets at present without a further cut in their income; and if he will make a statement on the matter. [34381/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): In relation to the funding of the Disadvantaged Areas Scheme, in common with all areas of Government spend- ing, a comprehensive review is currently being undertaken, with a view to achieving the best balance between the recognised benefits of the Scheme, while working within the unpre- cedented financial constraints in which the country currently finds itself. The outcome of this review and the subsequent Government decision on funding for the Disadvantaged Areas will be known when the Departmental estimate is published next month.

Grant Payments 477. Deputy Patrick O’Donovan asked the Minister for Agriculture, Food and the Marine the position regarding an application for the single farm payment in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [34006/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): An application under the 2011 Single Payment Scheme was received from the person named on 5 May 2011. The application has now been fully processed and the appropriate payment will issue shortly. 734 Questions— 15 November 2011. Written Answers

478. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine the reason the single farm payment for 2011 has not been paid to a person (details supplied) in County Donegal; and if he will make a statement on the matter. [34038/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person in question on 16 May 2011. This application was selected for and was the subject of a Ground Eligibility Inspection. This inspection was completed and the results are now being processed. In the vast majority of inspected cases, including this case, amendments have had to be made to the maps in order that the Land Parcel Identification System that is used for making pay- ments to farmers is kept up-to-date. This work is ongoing and every effort is being made to complete the processing of those who were the subject of a Ground Eligibility Inspection without undue delay.

Horse Sport Ireland 479. Deputy Michael McCarthy asked the Minister for Agriculture, Food and the Marine if any board member or member of the management team at Horse Sport Ireland is in receipt of a pension from another State organisation, agency or body; if he will specify the details if this is the case; and if he will make a statement on the matter. [34065/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): Horse Sport Ireland is a private company limited by guarantee which is led and directed by a board of directors. The Deputy’s query regarding the receipt of pensions by any board member or member of the management team is a matter for that organisation. Consequently, the query should be addressed directly to Horse Sport Ireland.

Grant Payments 480. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when pay- ment will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [34075/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): An application under the 2011 Single Payment Scheme was received from the person named on 19 April 2011, following processing of which an over-claim was identified on one of the land parcels declared. The person named has been written to in this regard and, immediately on receipt of a satisfac- tory reply, the application will be further processed with a view to the appropriate payment issuing shortly thereafter.

Horse Sport Ireland 481. Deputy Michael McCarthy asked the Minister for Agriculture, Food and the Marine the total amount paid to board members of Horse Sport Ireland on a yearly basis since 2006 in tabular form; the number of persons on the board in each of these years; and if he will make a statement on the matter. [34078/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): Horse Sport Ireland is a private company limited by guarantee which is led and directed by a board of directors. The Deputy’s query regarding the total amount paid to board members since 2006 is a matter for that organisation. Consequently, the query should be addressed directly to Horse Sport Ireland.

735 Questions— 15 November 2011. Written Answers

482. Deputy Michael McCarthy asked the Minister for Agriculture, Food and the Marine the total amount paid in expenses to board members of Horse Sport Ireland each year since 2006; the different categories of expenses and the total amount incurred per category per year in tabular form; and if he will make a statement on the matter. [34079/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): Horse Sport Ireland is a private company limited by guarantee which is led and directed by a board of directors. The Deputy’s query regarding the total amount paid in expenses to board members of Horse Sport Ireland each year since 2006 is a matter for that organisation. Consequently, the query should be addressed directly to Horse Sport Ireland.

483. Deputy Michael McCarthy asked the Minister for Agriculture, Food and the Marine the total amount paid to the management team of Horse Sport Ireland each year since 2006, speci- fying the amount paid each year to each of the four individuals who currently make up the team; and if he will make a statement on the matter. [34080/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): Horse Sport Ireland is a private company limited by guarantee which is directed and led by a board of directors. The Deputy’s query regarding the total amount paid to the management team each year since 2006 in Horse Sport Ireland is a matter for that organisation. Consequently, the query should be addressed directly to Horse Sport Ireland.

484. Deputy Michael McCarthy asked the Minister for Agriculture, Food and the Marine the total amount of expenses paid to the management team at Horse Sport Ireland each year since 2006; and if he will make a statement on the matter. [34081/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): Horse Sport Ireland is a private company limited by guarantee which is led and directed by a board of directors. The Deputy’s query regarding the total amount of expenses paid to the management team each year since 2006 is an operational matter for that organisation. Consequently, the query should be addressed directly to Horse Sport Ireland.

Grant Payments 485. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when the single farm payment will issue to a person (details supplied) in County Limerick; and if he will make a statement on the matter. [34114/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): An application under the 2011 Single Payment Scheme was received from the person named on 3 May 2011, following processing of which an over-claim was identified on one of the land parcels declared. The person named has been written to in this regard and, immediately on receipt of a satisfac- tory reply, the application will be further processed with a view to the appropriate payment issuing shortly thereafter.

486. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a payment will issue to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [34121/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): The person in question commenced REPS 4 in February 2009 and received payments for the first year of their contract. In addition, 75% of their year 2 payment issued on 26 May 2011 for the amount

736 Questions— 15 November 2011. Written Answers of €8676.99. The balancing 25% payment issued dated 11 November 2011 for the amount of €922.75. This payment included a penalty deduction of €1,969.56 for non-compliance with the scheme conditions in relation to works planned (organic storage facilities) but not carried out and in relation to evidence of damage to field boundaries and removal of habitats. The administration checks in respect of 2011 payments are currently being carried out. I expect that payments in respect of 2011 will commence later this month.

487. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine when a single farm payment will issue to a person (details supplied) in County Donegal; and if he will make a statement on the matter. [34137/11]

488. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine when a disadvantaged area payment will issue to a person (details supplied) in County Donegal; and if he will make a statement on the matter. [34138/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): I propose to take Questions Nos. 487 and 488 together. An application under the 2011 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 15 April 2011, processing of which has recently been completed, thereby allowing payment of the 50% advance of the Single Payment and payment under the Disadvantaged Areas Scheme to issue shortly.

489. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine when a single farm payment will issue to a person (details supplied) in County Cork. [34144/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): An application under the 2011 Single Payment Scheme was received from the person named on 11 May 2011, processing of which has recently been finalised, thereby allowing the 50% advance of the Single Payment to issue to the applicant in the coming days.

Croke Park Agreement 490. Deputy Dominic Hannigan asked the Minister for Agriculture, Food and the Marine the number of Croke Park Agreement projects that each State agency under his aegis is pro- gressing; if he will list each project by Department in tabular form; the amount to be saved by each project; the number that have been completed since the agreement came into force; and if he will make a statement on the matter. [34150/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): The Implemen- tation Body for the Agreement is currently considering the progress reported on the implemen- tation of Action Plans under Croke Park by each Semi State Body during the period April to September 2011. The Body is due to publish a summary of the progress reported to it on its website shortly. Once the Body has completed its consideration, the progress reports for this particular reporting period for individual public service bodies, including each state agency, will be published on their organisation’s websites.

Grant Payments 491. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Cork will receive their headage, single farm payment and

737 Questions— 15 November 2011. Written Answers

[Deputy Michael Creed.] agri-environment option scheme payment; and if he will make a statement on the matter. [34172/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): An application under the 2011 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 9 May 2011, following processing of which an over-claim was identified on one of the land parcels declared. The person named has been written to in this regard and, immediately on receipt of a satisfactory reply, the application will be further processed with a view to the appropriate payments issuing shortly thereafter. The person named was approved for participation in the Agri-Environment Options Scheme with effect from 1st September 2010. Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. During these checks a query arose in relation to the re-digitisation of land parcels for AEOS purposes. This particular problem has now been addressed and payment will issue shortly.

492. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Cork will receive their headage, single farm payment and grassland sheep payments; and if he will make a statement on the matter. [34173/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 11th May 2011. This application was selected for and was the subject of a Ground Eligibility Inspection. This inspection was completed and the results are now being processed. In the vast majority of inspected cases, including this case amendments have had to be made to the maps in order that the Land Parcel Identification System that is used for making pay- ments to farmers is kept up-to-date. This work is ongoing and every effort is being made to complete the processing of those who were the subject of a Ground Eligibility Inspection without undue delay so that all outstanding payments can issue.

493. Deputy asked the Minister for Agriculture, Food and the Marine the reason the single farm payment in respect of a person (details supplied) in County Kilkenny has not yet been paid; and if he will make a statement on the matter. [34205/11]

494. Deputy John Paul Phelan asked the Minister for Agriculture, Food and the Marine the reason the disadvantaged area payment in respect of a person (details supplied) in County Kilkenny has not yet been paid; and if he will make a statement on the matter. [34206/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): I propose to take Questions Nos. 493 and 494 together. An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 28th April 2011. This application was selected for and was the subject of a Ground Eligibility/Cross Compliance Inspection. This inspection was completed and the results are now being processed. In the vast majority of inspected cases, including this case, amendments have had to be made to the maps in order that the Land Parcel Identification System that is used for making pay- ments to farmers is kept up-to-date. This work is ongoing and every effort is being made to

738 Questions— 15 November 2011. Written Answers complete the processing of those who were the subject of a Ground Eligibility Inspection without undue delay.

495. Deputy John Paul Phelan asked the Minister for Agriculture, Food and the Marine the reason the single farm payment in respect of a person (details supplied) in County Kilkenny has not yet been paid; and if he will make a statement on the matter. [34207/11]

496. Deputy John Paul Phelan asked the Minister for Agriculture, Food and the Marine the reason the disadvantaged area payment in respect of a person (details supplied) in County Kilkenny has not yet been paid; and if he will make a statement on the matter. [34208/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): I propose to take Questions Nos. 495 and 496 together. An application under the 2011 Single Payment/Disadvantaged Areas Scheme was received from the person named on 18 April 2011, processing of which has recently been finalised, thereby allowing the 50% advance of the Single Payment and the Disadvantaged Area Payment issue to the applicant in the coming days.

497. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a 2010 REP scheme payment will issue to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [34215/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): The person named commenced REPS 4 in June 2008 and received payments for the first two years of their con- tract. In addition, 75% of the year 3 payment issued on 9th November 2011 for the amount of €5794.39. My Department is currently making arrangements to process the outstanding 25% payments to farmers and this outstanding 25% balancing payment of €1931.46 will issue in the next few days.

498. Deputy Seán Conlan asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Monaghan has not received their area aid and single farm payment; and if he will make a statement on the matter. [34225/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): An application under the 2011 Single Payment/Disadvantaged Areas Scheme was received from the person named on 12 May 2011, processing of which was recently completed thereby allowing the appropriate payments issue shortly to the person named.

Proposed Legislation 499. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine the reason he strongly advocated recently at a Joint Committee on Climate Change and Energy Security debate on 19 January 2011 the need for climate change legislation which sets manda- tory targets; if his view on the need for Ireland to introduce climate change legislation has changed; and if he will make a statement on the matter. [34238/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): In releasing the National Climate Policy Review on 3rd November 2011, my colleague, the Minister for the Environment, Community and Local Government, confirmed the objective, in line with the Programme for Government, to introduce climate legislation within the lifetime of the Govern- ment. As indicated in the Government legislation programme published on 14 September 2011, it is expected that it will be 2012 at the earliest before any legislation can be published, taking

739 Questions— 15 November 2011. Written Answers

[Deputy Simon Coveney.] account of the need to progress the broader climate policy agenda under the aegis of the Cabinet Committee on Climate Change and the Green Economy. On foot of the climate policy review, it is clear that national policy development to underpin deeper greenhouse gas mitigation is the most urgent and therefore the most immediate priority. In this regard, Minister Hogan has announced that he will engage in a policy development process to identify the necessary policy mix to support an ambitious but realistic national miti- gation agenda. This process will include: an independent study by the secretariat to the National Economic and Social Council; a public consultation in 2012 to enable all stakeholders to engage in the policy development process; and sectoral mitigation progress to be pursued through the Cabinet Committee on Climate Change and the Green Economy. I agree with Minister Hogan that this is a sensible response to the climate policy review, and I support his stated intention to take the policy development process forward on a transparent and inclusive basis.

Grant Payments 500. Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Cork has not been paid their final quarter REP scheme payment for 2010; and if he will make a statement on the matter. [34244/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): The person named commenced REPS 4 in May 2009 and received payments for the first year of their contract. In addition, 75% of the year 2 payment issued on 14th April 2011 for the amount of €6322.61 and the remaining 25% balancing payment of €2107.52 issued on 7th November 2011. The administration checks in respect of 2011 payments are currently being carried out and I expect that payments in respect of 2011 will commence later this month.

501. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when pay- ment will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [34251/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): An application under the 2011 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 9 April 2011, processing of which has recently been finalised, thereby allowing the 50% advance of the Single Payment to issue to the applicant on 8 November 2011. 100% Payment under the Disadvantaged Areas Scheme issued on 3 November 2011.

502. Deputy John Browne asked the Minister for Agriculture, Food and the Marine when area aid payments will issue to a person (details supplied) in County Wexford. [34269/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 15th May 2011. This application was selected for and was the subject of a Ground Eligibility/Cross Compliance Inspection. This inspection was completed and the results are now being processed. In the vast majority of inspected cases, including this case, amendments have had to be made to the maps in order that the Land Parcel Identification System that is used for making pay- ments to farmers is kept up-to-date. This work is ongoing and every effort is being made to complete the processing of those who were the subject of a Ground Eligibility Inspection without undue delay.

740 Questions— 15 November 2011. Written Answers

Proposed Legislation 503. Deputy Thomas P. Broughan asked the Minister for Agriculture, Food and the Marine if a recent High Court decision in regard to a marine transport company (details supplied) indicates that the system of harbour dues enforced since 2003 will have to be urgently reviewed and brought before Dáil Éireann through legislation or ministerial regulation; and if he will make a statement on the matter. [34288/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): My Department is currently considering the very detailed High Court judgment given in the Island Ferries Teor- anta case and is examining the potential implications arising out of the judgement.

Grant Payments 504. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when an application for a sheep fencing grant will be processed in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [34290/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): Approval under the Sheep Fencing/Handling Scheme to commence the investment works concerned issued to the person named on 21 October 2011.

505. Deputy Pat Deering asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Carlow will receive their single farm payment for 2011. [34340/11]

506. Deputy Pat Deering asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Carlow will receive their disadvantaged farm payment for 2011. [34341/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): I propose to take Questions Nos. 505 and 506 together. An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 10th May 2011. This application was selected for and was the subject of a Ground Eligibility/Cross Compliance Inspection. This inspection was completed and the results are now being processed. In the vast majority of inspected cases, including this case, amendments have had to be made to the maps in order that the Land Parcel Identification System that is used for making pay- ments to farmers is kept up-to-date. This work is ongoing and every effort is being made to complete the processing of those who were the subject of a Ground Eligibility Inspection without undue delay.

Farm Retirement Scheme 507. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine the position regarding payments in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [34368/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): For persons entering the Early Retirement Scheme in the year ended 31 December 2002, pensions are payable for a maximum period of 10 years but in any event not beyond a retired farmer’s 68th birthday. The person named entered the Scheme on 2 October 2002 and payment of his pension will cease on 1 October 2012 when he has completed the maximum period of 10 years in the

741 Questions— 15 November 2011. Written Answers

[Deputy Simon Coveney.] Scheme. The person named is advised to contact the Department of Social Protection to iden- tify any pension entitlements that he may have.

Grant Payments 508. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when single farm payment will issue to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [34371/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 12th May 2011. This application was selected for and was the subject of a Ground Eligibility/Cross Compliance Inspection. This inspection was completed and the results are now being processed. In the vast majority of inspected cases, including this case, amendments have had to be made to the maps in order that the Land Parcel Identification System that is used for making pay- ments to farmers is kept up-to-date. This work is ongoing and every effort is being made to complete the processing of those who were the subject of a Ground Eligibility Inspection without undue delay.

Tuberculosis Incidence 509. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his plans to reduce by a serious cull the number of deer here at present in view of the increase in TB (details supplied); and if he will make a statement on the matter. [34379/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): Far from experi- encing an increase in the incidence of TB in cattle herds, the incidence of TB in cattle is the lowest recorded since the commencement of the programme in the 1950’s. Herd incidence has fallen from 7.5% in 2000 to 4.6% last year and reactor numbers in 2010 were, at 20,200, about 50% lower than ten years ago. Both reactor numbers and herd incidence have continued to fall in 2011 and it is likely that reactor numbers will fall below 20,000 this year. This means that, at the end of this year, we will have seen 3 consecutive years of very low disease levels and my Department is hopeful that the disease will remain a close to these levels into the future. With regard to deer, in addition to monitoring the outcome of routine veterinary examination of wild deer carcasses intended for human consumption, my Department also specifically car- ries out on-going research into the incidence of TB in the wild deer. To date, both the routine veterinary examination results and our research has shown a very low incidence of TB in the wild deer population (Sika and Dama dama ), even when the deer concerned were deliberately selected from areas of the country with a high incidence of TB in the cattle population. A low incidence of TB in wild deer does not mean that no deer will be detected as infected and finding a single deer badly infected with TB would not be unusual, particularly since a deer badly infected with TB would be more easily killed or die where it might be found and thus such deer do not reflect the overall incidence in the population. Responsibility for management of the national deer herd is the responsibility of the NPWS. Deer are not a protected species and can be culled under licence issued by that body to local gun clubs and/or farmers. Accordingly, a cull for the purpose of reduction in numbers in a locality where they may be causing problems is not the responsibility of and does not need the participation of my Department.

742 Questions— 15 November 2011. Written Answers

Grant Payments 510. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the reason payment in respect of agri-environment option scheme has not issued in respect of a person (details supplied) in County Galway; when payment will issue; and if he will make a statement on the matter. [34464/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): The person named was approved for participation in the Agri-environment Options Scheme with effect from 1 September 2010. Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. During these checks a query arose in relation to the re-digitisation of land parcels for AEOS purposes. This particular problem has now been addressed and payment will issue shortly.

511. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the reason the disadvantaged area payment has not issued in respect of a person (details supplied) in County Galway; when it will be paid; and if he will make a statement on the matter. [34465/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): An application under the 2011 Single Payment Scheme was received from the person named on 4 May 2011, however, following processing over-claims were identified on two of the parcels declared by the person named. The person named has been written to in this regard and, on receipt of a satisfactory reply, the application will then be further processed with a view to the appropriate payment issuing shortly thereafter.

Appointments to State Boards 512. Deputy Liam Twomey asked the Minister for Agriculture, Food and the Marine the number of positions on State boards and agencies under his aegis which he has advertised in the past seven months; the number of applications received; the number of applicants subsequently appointed; and if he will make a statement on the matter. [34498/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): Since May of this year all vacancies on the State Boards and Agencies that fall under my Department’s remit are listed on the Departmental website. Board appointments to a number of the bodies and agen- cies are not made at my sole discretion. Instead, individuals are nominated for appointment by various organisations, specified in the relevant statute. These include the Aquaculture Licensing Appeals Board, Teagasc, National Milk Agency, Veterinary Council and Horse Racing Ireland. My Department received a number of general applications for positions on any of the boards in question. However, the more specific information sought by the Deputy is listed in the following table.

Body/Agency No of Board No of Board No of No of applicants appointed Members Vacancies applications since May received 2011

Aquaculture Licensing 7 2 1 0 Appeals Board An Bord Bia 15 6 (including 14 0 the Chair)

743 Questions— 15 November 2011. Written Answers

[Deputy Simon Coveney.] Body/Agency No of Board No of Board No of No of applicants appointed Members Vacancies applications since May received 2011

Bord Iascaigh Mhara 6 1 3 None appointed yet Bord na gCon 7 4 30 0 Coillte 9 2 8 None appointed yet Horse Racing Ireland 14 on board 0 7 None appointed yet including chairman Irish National Stud 7 on board 4 6 None appointed yet including chairman Marine Institute 9 1 0 None appointed yet National Milk Agency 14 0 0 None appointed yet Sea Fisheries Protection 3 0 0 None appointed yet Authority Teagasc 11 0 1 None appointed yet Veterinary Council 19 0 0 None appointed yet

Proposed Legislation 513. Deputy Dominic Hannigan asked the Minister for Agriculture, Food and the Marine the reason the words to ban fur farming have been removed from the explanatory memorandum accompanying the Animal Health and Welfare Bill; if he will clarify same and also provide details pertaining to the banning of fur farming; and if he will make a statement on the matter. [34513/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): The Programme for Government 2011 contains a commitment to amend and strengthen legislation on animal cruelty and animal welfare. Work is progressing on the drafting of an Animal Health and Welfare Bill which will provide a basis for regulating the related area of animal health. In this context I have established a Review Group in my Department to review all aspects of fur farming and I will be inviting submissions from interested parties in the coming weeks. Any actions arising from the review, to be completed early in the New Year, may be brought forward in the Animal Health and Welfare Bill, drafting of which is ongoing with the Office of the Parliamentary Counsel.

Grant Payments 514. Deputy Paudie Coffey asked the Minister for Agriculture, Food and the Marine when a single farm payment will issue to a person (details supplied); and if he will make a statement on the matter. [34535/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): An application under the 2011 Single Payment Scheme was received from the person named on 12 April 2011, processing of which has recently been finalised, thereby allowing the 50% advance of the Single Payment and the Disadvantaged Area Payment issue to the applicant in the coming days.

515. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when payment will issue to a person (details supplied) in County Kerry; and if he will make a state- ment on the matter. [34554/11] 744 Questions— 15 November 2011. Written Answers

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 16 May 2011. This application was selected for and was the subject of a Ground Eligibility inspection. This inspection was completed and the results are now being processed. In the vast majority of inspected cases, including this case, amendments have had to be made to the maps in order that the Land Parcel Identification System that is used for making pay- ments to farmers is kept up-to-date. This work is ongoing and every effort is being made to complete the processing of those who were the subject of a Ground Eligibility Inspection without undue delay.

Ministerial Staff 516. Deputy Mary Lou McDonald asked the Minister for Agriculture, Food and the Marine the number of his constituency and parliamentary staff, appointed following the February 2011 elections, on salaries that exceed their applicable pay scale grade; the number of his existing and parliamentary staff employed prior to the February 2011 elections but awarded salary increases following the election that exceed their applicable pay scale grade; and if he will provide their annual salary details in a tabular format. [34563/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): In answer to the Deputy’s question, four staff were appointed following the February 2011 elections. Of the four, one salary of €130,000 exceeded the applicable pay scale grade for Special Adviser and was approved by the Department of Public Expenditure & Reform. This person has since resigned from his position and has not been replaced. I can confirm that none of my existing and parliamentary staff employed prior to the February 2011 elections were awarded salary increases that exceeded their applicable pay scale grade.

Grant Payments 517. Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Cork will receive their single farm payment and headage payment; and if he will make a statement on the matter. [34590/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): An application under the 2011 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 10 April 2011, following processing of which an overlap was identified in respect of a land parcel declared by the person named. The person named has been written to regarding the matter and, immediately on receipt of a satisfactory reply, the application will be further processed with a view to appropriate payments issuing at an early date thereafter.

518. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine if payment of area aid due on the 16 October will be paid immediately in respect of persons (details supplied) in County Carlow. [34610/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): An application under the 2011 Single Payment Scheme was received from the person named on 11 April 2011, processing of which has recently been finalised, thereby allowing the 50% advance of the Single Payment to issue on 3 November 2011.

745 Questions— 15 November 2011. Written Answers

519. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding REP scheme payment in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [34618/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): The person named commenced REPS 4 in May 2008 and received payments for the first two years of their contract. In addition, 75% of their year 3 payment issued on 24 March 2011 for the amount of €2633.01 and the remaining 25% balancing payment issued on 28 March 2011 for the amount of €877.67. The administration checks in respect of 2011 payments are currently being carried out and I expect that payments in respect of 2011 will commence later this month.

Direct Payment Schemes 520. Deputy Mattie McGrath asked the Minister for Agriculture, Food and the Marine if he will re-open the young farmers installation aid programme to allow for those applicants that were completed or close to completion prior to the suspension of the scheme; and if he will make a statement on the matter. [34622/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): The Young Farm- ers’ Installation Scheme was closed to new applicants on 14 October 2008 and I have no plans to reopen the Scheme at this time. An allocation of almost €1 million has been provided in this year’s Estimates to meet the remaining commitments under both the Young Farmers’ Installation Scheme and the preceding equivalent schemes.

Grant Payments 521. Deputy Michael McCarthy asked the Minister for Agriculture, Food and the Marine if an application for a forest roadway grant in respect of a person (details supplied) will be concluded as a matter of urgency; and if he will make a statement on the matter. [34635/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): The refusal of the application in question for grant aid under the Roads Scheme has been the subject of two separate appeals, the first in March 2010 when he was advised that the Appeals Committee could not recommend payment as the road had not been constructed to the required Forest Service standard. At that time the person named was advised that if the road was subsequently constructed to the required standard and appropriate river crossings put in place, with the agreement of the Fisheries Board, his application would be reconsidered. A detailed prog- ramme of works from a Civil Engineer was also requested setting out the works to be under- taken to bring the road up to standard. A report was received from Consulting Engineers acting on his behalf in late June 2011, following which his case was referred back to the Appeals Committee. The road was re- inspected and, unfortunately, it still failed to meet the standard required under the Road Scheme and the appeal was rejected. A detailed letter issued to the person named on 9 September 2011 outlining the reasons for that decision.

522. Deputy Heather Humphreys asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Cavan will receive their single farm payment; and if he will make a statement on the matter. [34651/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 12 May 2011.

746 Questions— 15 November 2011. Written Answers

This application was selected for and was the subject of a Ground Eligibility inspection. This inspection was completed and the results are now being processed. In the vast majority of inspected cases, including this case, amendments have had to be made to the maps in order that the Land Parcel Identification System that is used for making pay- ments to farmers is kept up-to-date. This work is ongoing and every effort is being made to complete the processing of those who were the subject of a Ground Eligibility Inspection without undue delay.

523. Deputy Mattie McGrath asked the Minister for Agriculture, Food and the Marine when a premium subsidy payment will be made to a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [34652/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): An application under the 2011 Single Payment/Disadvantaged Areas Scheme was received from the person named on 2 May 2011, processing of which has recently been finalised, thereby allowing the 50% advance of the Single Payment and the Disadvantaged Areas payment to issue to the applicant in the coming days.

524. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when the single farm payment will be made available to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [34654/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): An application under the 2011 Single Payment/Disadvantage Areas Scheme was received from the person named on 16 May 2011, processing of which has recently been finalised, thereby allowing the 50% advance of the Single Payment to issue in the coming days.

Fisheries Protection 525. Deputy Seán Kenny asked the Minister for Agriculture, Food and the Marine the number of fishing fines and offence notices issued to boats operating out of Dublin-based ports for the years 2007 to 2011, inclusive, with a breakdown of the type of offence and by year; and if he will make a statement on the matter. [34689/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): Operational matters in relation to sea fisheries control operations are a matter for the Sea Fisheries Protec- tion Authority (SFPA). I have asked the SFPA to respond directly to the Deputy.

Grant Payments 526. Deputy John Browne asked the Minister for Agriculture, Food and the Marine when both single farm payments and disadvantaged area payments will be paid to a person (details supplied) in County Wexford. [34742/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): An application under the 2011 Single Payment/Disadvantaged Areas Scheme was received from the person named on 4 April 2011. The 50% advance of the Single Payment and full payment of the Disadvantaged Areas payment issued to the applicant on 19 October and 26 October 2011 respectively.

527. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when will the final instalment of the farm waste management scheme be paid to a person (details supplied) in County Galway; and if he will make a statement on the matter. [34748/11]

747 Questions— 15 November 2011. Written Answers

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): An application for grant-aid under the Farm Waste Management Scheme was received in the name of the person named who is unfortunately now deceased. Two instalments of grant-aid in respect of this application have been paid by my Department. However, no further payments can be made in respect of the application until the documentation which has been requested by the Inheritance Enquiry Unit in my Department has been received.

528. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Galway has been refused a hardship grant for a reactor herd, in view of the fact that the reactor was in the name of the herd keeper and the herd keeper is the beneficiary of the farm income, as payments are paid into their sole account; his plans to change the regime in order that the herd keeper and not just the herd number owner can benefit from the hardship fund; and if he will make a statement on the matter. [34749/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): The Hardship Grant Scheme is aimed at assisting eligible herdowners whose holding are restricted and where animals are retained and fed during the eligibility period 1 November to 30 April. The terms and conditions of the scheme state that an owner/keeper, or either party in the case of joint/multiple ownership, cannot be in receipt of any off farm income at the time of application or at any time during the eligibility period. In this case, the registered herdowner of the holding in question submitted an application under the TB Eradication, Hardship Grant Scheme 2011/2012 but, since she is in receipt of off farm income she is ineligible for payment under the scheme. The “Herdowner” role denotes the company, entity or person(s) associated with a specific herd number to whom any payments are made. The person in question is registered as “keeper” and, since this role does not indicate owner- ship of the herd, he cannot apply for the Hardship Grant as “keeper”. There are no plans at present to change this aspect of the scheme. I should explain that it is open to all herdowners/ keepers to apply for a change in their registered status. Herdowners who have applied under the Hardship scheme and are found to be ineligible may reapply during the eligibility period should their circumstances change but any payment under this scheme will be by reference to the date of receipt of the eligible application in the District Veterinary Office and cannot be backdated.

Capital Projects 529. Deputy Gerald Nash asked the Minister for Agriculture, Food and the Marine if he will provide details in relation to the number and value of State capital project contracts awarded to companies registered outside the State in the years 2009 to 2011, inclusive; if he will provide details in respect of the number and value of State capital project contracts awarded to compan- ies registered in the Republic of Ireland in the years 2009 to 2011, inclusive; and if he will make a statement on the matter. [34802/11]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): The information sought by the Deputy is listed in the following table. It should be noted that the Department follows the tendering requirements for such payments.

Companies Registered in the Republic Of Company’s registered outside the Republic Ireland Of Ireland Year Number Value Number Value

2009 37 €763,597.83 1 €9,050

748 Questions— 15 November 2011. Written Answers

Companies Registered in the Republic Of Company’s registered outside the Republic Ireland Of Ireland Year Number Value Number Value

2010 52 €2,182,647.64 1 €172.52 2011 34 €937,215.23 3 €146,358

Child Abuse 530. Deputy Dominic Hannigan asked the Minister for Children and Youth Affairs when she expects the Raphoe report into child abuse to be made public; and if she will make a statement on the matter. [34515/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): The National Board for Safeguarding Children in the Catholic Church is a Church Organisation which has no con- nection with or reporting function to my Department. Recent media reports indicate that the Board is due to furnish to the Bishop of Raphoe later this month with the results of an audit into clerical child sexual abuse in the diocese, and that it is the Bishop’s intention to publish the report. The Health Service Executive, which has statutory responsibility for child welfare and protec- tion matters, has been conducting a national audit of all Catholic dioceses and Religious Orders. The HSE expects to shortly be in a position to furnish a report to me on the diocesan element of this audit.

Inter-Country Adoptions 531. Deputy Aodhán Ó Ríordáin asked the Minister for Children and Youth Affairs if he will clarify a query regarding inter- country adoption (details supplied); and if she will make a statement on the matter. [34522/11]

539. Deputy Dominic Hannigan asked the Minister for Children and Youth Affairs the number of countries the Adoption Authority of Ireland contacted about forming bilateral adop- tion agreements; if there is a time line for bilateral agreements with the top five countries from which Ireland adopts; if the funding for the AAI will be ringfenced in budget 2012 to ensure that families are able to adopt children from countries that were previously open to adoption before the Hague Convention legislation last year; and if she will make a statement on the matter. [34345/11]

540. Deputy Dominic Hannigan asked the Minister for Children and Youth Affairs her plans to allow Irish persons adopt from more countries than Bulgaria; when she envisages that this will happen; and if she will make a statement on the matter. [34346/11]

543. Deputy Kevin Humphreys asked the Minister for Children and Youth Affairs if she will grant her consent to the Adoption Authority to allow it to enter into negotiations with Ethiopia to develop a bilateral agreement for adoption from that State as outlined in correspondence (details supplied); and if she will make a statement on the matter. [34461/11]

544. Deputy Maureen O’Sullivan asked the Minister for Children and Youth Affairs if pro- gress will be made regarding bilateral adoption agreements with countries which have not yet ratified the Hague Convention to improve the situation for both prospective Irish parents and children abroad; and if she will make a statement on the matter. [34486/11] 749 Questions— 15 November 2011. Written Answers

545. Deputy Maureen O’Sullivan asked the Minister for Children and Youth Affairs if an increase in resources will be made available to the Adoption Authority of Ireland to progress with bilateral adoption agreements with countries that have not yet ratified the Hague Conven- tion; and if she will make a statement on the matter. [34487/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): I propose to take Questions Nos. 531, 539, 540 and 543 to 545, inclusive, together. The Adoption Act, 2010, commenced on 1st November 2010. This coincided with Ireland’s formal ratification of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. The purpose of the Adoption Act, 2010, is to improve standards in both domestic and intercountry adoption. The regulatory framework governing adoption has been strengthened in an attempt to ensure that the best interests of children are protected at every step throughout the adoption process. With effect from 1 November inter- country adoptions can be effected with other countries which have ratified the Hague Conven- tion or with which Ireland has a bilateral agreement.

Children in Care 532. Deputy Patrick Nulty asked the Minister for Children and Youth Affairs the progress made in ensuring that all children leaving State care who require aftercare support receive same. [33988/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): Section 45 of the Child Care Act 1991 places a statutory duty on the HSE to form a view in relation to each person leaving care as to whether there is a “need for assistance” and, if it forms such a view, to provide services in accordance with the legislation and subject to resources. All young people who have had a care history with the HSE, be it foster care, residential care or high support, are entitled to an Aftercare Service based on their assessed needs. The core eligible age range for aftercare is 18 years and up to 21 years. This can be extended until the completion of a course of education in which he/she is engaged up to the age of 23 years of age. Aftercare provision incorporates advice, guidance and practical support. An individual holis- tic needs assessment identifies a young persons need for accommodation, financial support, social network support and training and education. One of the key features of Aftercare sup- port is to advocate on behalf of young people to promote their development as a fulfilled adult in their community. The most important requirements for young people leaving care are for secure, suitable accommodation as well as further education, employment or training. The HSE National Aftercare Service is underpinned by a National Policy and Procedures Document which has been developed in cooperation with the key stakeholders including the voluntary sector agencies involved in Aftercare provision and my Department. The policy commits to promoting and achieving the best outcomes for young people leaving care and in ensuring consistency of support to these young people. The HSE committed, in its National Service Plan for 2011, to the implementation of the national policy on aftercare. The national policy is being rolled out under the watch of the HSE’s Aftercare Implementation Group, which includes representation from the HSE, mental health, family service and disability service, as well as representation from the voluntary sector and a young persons representative from Empowering People in Care (EPIC). I am very much aware of the challenges facing the aftercare service, the need for information required to plan the services; the need for consistency across all areas; the need to follow up with young people who may at first reject its services and the need to link in with adult services as necessary.

750 Questions— 15 November 2011. Written Answers

533. Deputy Aodhán Ó Ríordáin asked the Minister for Children and Youth Affairs if she will provide an update on the 15 children in State care who are currently placed in institutions outside of the jurisdiction; when specialised places will be available here; the timeframe for the establishment of the new Child and Family Support Agency; and if she will make a statement on the matter. [34102/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): Under the Child Care Act, 1991, the Health Service Executive has a duty to promote the welfare of children who are not receiving adequate care or protection. The policy of the HSE is to place children in care settings, preferably in foster care, as close as possible to their home and community. The vast majority of children in care are in foster care and residential care. Some children have highly specialised needs arising from severe behaviour difficulties, in some cases as a result of injury or accident or in others due to their childhood experiences. The care needs of these children are generally met by directly provided services or services commissioned by the HSE within Ireland. There are three designated special care units in the country; Ballydowd in Dublin, Glenn Álainn in Cork and Coovagh House in Limerick. In addition, there are two designated national High Support Units at Crannog Nua, Portrane in north County Dublin and Rath na nÓg in Castleblayney, Co Monaghan. These units provide an individualised programme of support for children and young people with exceptional needs through the provision of a time-limited, therapeutic intervention in a secure or non-secure environment as appropriate. However, for a small number of children, the HSE is on occasion, required to make arrange- ments for the placement of children in care facilities outside of the State, primarily in the UK, to allow for access to an individually tailored mix of care and therapeutic services not available in this country. This is done on as infrequent a basis as possible and only where such placement is considered to be in the best interest of the child. I should emphasise that the referral of persons abroad for specialised therapeutic interventions is an established feature within our health and social care system and decisions in each case are made in the best interests of the individual. The level of requirement for these services is closely monitored by the National Director and my officials. As the request for an update on the 15 children in placements outside the jurisdiction in 2010 is a service matter, I have asked the Health Service Executive for the information in question which I will forward to the Deputy. I established the Task Force on the Child and Family Support Agency in September 2011 under the chairmanship of Ms Maureen Lynott. The Task Force will advise my Department in regard to the necessary transition programme to establish a Child and Family Support Agency. Consistent with the Government’s public sector reform agenda the Task Force will base its work on best practice in child welfare, family support and public administration. In relation to the Agency it has been asked to:

• Propose a vision and the principles to guide operations;

• Advise on the appropriate service responsibilities, and the delivery of same;

• Review existing financial, staffing and corporate resources; and propose a method- ology for resource allocation;

• Propose an organisational design and operating child welfare and protection service model;

• Prepare a detailed implementation plan;

751 Questions— 15 November 2011. Written Answers

[Deputy Frances Fitzgerald.]

• Identify the main priorities and core relationships required;

• Oversee the implementation and monitor progress, pending establishment of the Agency.

I look forward to receiving the report of the Task Force’s work, which will inform preparations for the new Agency, including the drafting of legislation. It is my intention, working with my colleague the Minister for Health, to establish a dedicated Child and Family Programme within the HSE in 2012. This will provide for a dedicated management structure and budget for children and family services. Management of these services will be led by the National Director who already has a very close working relationship with me and my Department. A considerable change programme is already being implemented by the National Director within HSE Child and Family Services aimed at strengthening organisation capacity, business processes and systems. These developments are an integral part of preparations for the new stand alone Agency. I am anxious to advance the full establishment of the Agency at as early a date as possible, subject to the work of the Task Force and necessary legislature provision. I would envisage tabling legislation before the House next year to provide for the Agency’s establish- ment in 2013. The establishment of the new Child and Family Support Agency provides a good opportunity to review the development and configuration of the range of specialised residential provision in Ireland.

Constitutional Amendment on Children 534. Deputy Charlie McConalogue asked the Minister for Children and Youth Affairs her strategy for communicating with the public in advance of the running of the proposed children’s referendum in order to ensure its success in view of the experience of the recent referendum on Oireachtas inquiries; and if she will make a statement on the matter. [34135/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): A draft wording on the proposed Amendment to the Constitution in respect of Children is currently being prepared by the Office of the Attorney General. I will need to seek approval from Government for the proposed wording in due course, with a view to holding the referendum next year. I am very conscious of the complex nature of the proposed referendum and the need, in any referendum process, to bring the utmost clarity in any proposal being brought forward for the consideration of the people. In this regard, the important role of the Referendum Commission must be acknowledged and it is vital that the proposal brought is sufficiently well developed for the Commission to advise the people on its intent and implications. Between these two processes, it is my firm intention to keep all lines of communication open with a variety of stakeholders to ensure that all emerging questions or ambiguities are fully anticipated. These will be dealt with, to the greatest extent possible, in the wording itself or as part of the accompanying legislative outlines also under consideration.

Child Care Services 535. Deputy Charlie McConalogue asked the Minister for Children and Youth Affairs if she is currently accepting new applications for the childcare education and training support programme; her plans for the programme for the remainder of 2011; and if she will make a statement on the matter. [34136/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): The Childcare Edu- cation and Training Support (CETS) programme was introduced in September last year and is

752 Questions— 15 November 2011. Written Answers implemented by my Department, on behalf of FÁS and the Vocational Educational Commit- tees (VECs). Under the CETS programme funding is provided by my Department to participating child- care services in return for the provision of free childcare places to qualifying students and trainees. The maximum weekly capitation fee payable under the programme is €170 for a full- time childcare place with reduced amounts for parents availing of part-time or after-school care. The eligibility criteria under which students and trainees qualify under the programme is determined by FÁS and the VECs. Some 2,800 full-time equivalent childcare places are currently provided for under the prog- ramme and demand has increased very significantly from earlier this year, with the number of places funded exceeding 3,000 at one stage. The number of places allocated at present is at the limit provided for under the programme, as agreed with the Department of Finance in 2010, and it is not proposed to increase the number of places in the programme at this time. It is not anticipated that the number of qualified parents on courses will increase over the year, and so it is hoped that where a given number of parents commence short-term courses and require CETS places, they will, in the main, be replacing other parents completing similar courses, and be in a position to avail of CETS places that become available. According to the figures available to my Department, some 15% of CETS places will become available for re- allocation between now and the end of next month, and the local City and County Childcare Committees will assist my Department in matching these places with parents seeking them.

Croke Park Agreement 536. Deputy Dominic Hannigan asked the Minister for Children and Youth Affairs the number of Croke Park Agreement projects that each State agency under her aegis is pro- gressing; if she will list each project by Department in tabular form; the amount to be saved by each project; the number that have been completed since the agreement came into force; and if she will make a statement on the matter. [34152/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): The National Edu- cation and Welfare Board is progressing a number of projects under the Croke Park agreement in the following areas: Service Integration, Employee Control Framework, Employee Relations, Resource Availability, Performance Management, Training and Development, Inte- gration of Services, Shared Services and Procurement, and Business Process. The Family Support Agency is also progressing a number of projects under the Croke Park agreement in the following areas: Reductions in numbers, Redeployment, Procurement and Efficiency measures and improvements to process by which service delivered to public. The resulting savings will not become readily apparent until the developments are embedded for a period of time.

Children in Care 537. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs the number of children with multiple entries into care, by Health Service Executive region. [34324/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): As this is a service matter, I have asked the Health Service Executive to respond directly to the Deputy with the most up-to-date information.

753 Questions— 15 November 2011. Written Answers

538. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs the number of children who leave the care system each year, since 2005, by Health Service Execu- tive region. [34325/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): As the request for the number of children who leave the care system each year, since 2005, is a service matter, I have asked the Health Service Executive for the information in question which I will forward to the Deputy.

Questions Nos. 539 and 540 answered with Question No. 531.

Adoption Services 541. Deputy Dominic Hannigan asked the Minister for Children and Youth Affairs the sup- ports available for perspective Irish parents who are looking to adopt children; and if she will make a statement on the matter. [34347/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): The supports available for prospective Irish parents who are looking to adopt children are those supplied by the HSE and agencies accredited under the Adoption Act 2010 and would include among other things pre-adoption counselling, advocacy, guidance and assistance in the assessment process. Follow- ing receipt of a declaration of eligibility and suitability to adopt, prospective adopters can also be supported by accredited agencies providing what are described as mediation services with regard to making arrangements for the adoption of a child. These services include contacting authorised agencies in the sending country, preparing pre-adoption reports under Article 20 of the Hague Convention and transmitting the adoption dossier to the Central Authority in the sending country. The delineation of all of these services and a regime for accreditation is a specific feature of the Adoption Act, 2010.

Adoption Statistics 542. Deputy Dominic Hannigan asked the Minister for Children and Youth Affairs the number of families in County Meath with adopted children. [34348/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): The Adoption Auth- ority of Ireland do not maintain statistics on a county by county basis for domestic or inter country adoption. Furthermore the State has no definitive information on adopted children resident in Co Meath whose adoptions were completed outside the State.

Questions Nos. 543 to 545, inclusive, answered with Question No. 531.

Appointments to State Boards 546. Deputy Liam Twomey asked the Minister for Children and Youth Affairs the number of positions on State boards and agencies under her aegis which she has advertised in the past seven months; the number of applications received; the number of applicants subsequently appointed; and if she will make a statement on the matter. [34500/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): Information regarding 12 vacancies on boards which fall under the aegis of my Department was published on my Department’s website on 22 September 2011. To date, 39 expressions of interest have been received, all of which are under consideration at present. I hope to be in a position to fill a number of these vacancies in the near future.

754 Questions— 15 November 2011. Written Answers

Body/Agency No. of Board Vacancies Expression of Interest Received

Adoption Authority of Ireland 2 3 Family Support Agency 7 22 National Educational Welfare Board 3 14

Total 12 39

Child Care Services 547. Deputy Charlie McConalogue asked the Minister for Children and Youth Affairs if she is giving consideration to bringing county child care committees under the direct remit of her Department; and if she will make a statement on the matter. [34519/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): The 33 City and County Childcare Committees (CCCs) were established in 2001 to advance the provision of childcare facilities in their local areas. They comprise local representatives from the statutory, community and voluntary sectors, social partners, childcare providers and parents. The role of the CCCs was expanded under the National Childcare Investment Programme to enable greater flexibility and responsiveness to local needs, and they had a key role in the development of local childcare infrastructure, quality standards, training and information. More recently, CCCs have been increasingly dedicated to locally managing administrative processes associated with the national childcare programmes (the Community Childcare Subvention programme, the Early Childhood Care and Education programme and the Childcare Education and Training Support programme). They also support the performance and sustainability of services in their respective areas. Each CCC receives funding from the Department of Children and Youth Affairs. In 2011, the total amount allocated to the CCCs is €11.3m. I have no plans to bring the Committees under the direct remit of my Department.

Ministerial Staff 548. Deputy Mary Lou McDonald asked the Minister for Children and Youth Affairs the number of her constituency and parliamentary staff, appointed following the February 2011 elections, on salaries that exceed their applicable pay scale grade; the number of her existing and parliamentary staff employed prior to the February 2011 elections but awarded salary increases following the election that exceed their applicable pay scale grade; and if she will provide their annual salary details in a tabular format. [34565/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): The Department of Public Expenditure and Reform has issued detailed guidelines on the staffing of Ministerial Offices which include salary limits for persons appointed to the position of Special Adviser, Personal Assistant, Personal Secretary and Civilian Driver. All Ministerial appointments in my Department are in line with these guidelines. The numbers employed and associated salary scales are set out below.

Grade Office Whole Time Equivalent Salary Scale

Special Advisor Private 2.00 €80.051 — €98,424 Personal Secretary Constituency 1.00 €23,820 — €47,755 Personal Assistant Constituency 1.00 €43,715 — €56,060

755 Questions— 15 November 2011. Written Answers

[Deputy Frances Fitzgerald.] Grade Office Whole Time Equivalent Salary Scale

Civilian Driver — 2.00 €32,965 per annum

Total 6.00

Health Service Staff 549. Deputy Seán Kenny asked the Minister for Children and Youth Affairs the number of social workers currently employed in Dublin; the number employed in Dublin for the years 2007 to 2010 inclusive; and if she will make a statement on the matter. [34682/11]

550. Deputy Seán Kenny asked the Minister for Children and Youth Affairs the number of social workers with a specific child protection remit employed in Dublin; the number employed for the years 2007 to 2010 inclusive; and if she will make a statement on the matter. [34683/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): I propose to take Questions Nos. 549 and 550 together. The Government is committed to fundamental reform and transformation of the delivery of our children and family services. A number of significant structural and legislative changes are key to effecting such reform. This includes the establishment of a new agency with dedicated responsibility for the delivery of child welfare and protection services, separate from the HSE. The employment control framework for the HSE provides that the grade of social worker is exempted from the public sector moratorium on recruitment and filling of vacancies. The Ryan Report Implementation Plan committed to the recruitment of an additional 270 social workers. 200 of these new posts were in place by the end of 2010. The HSE National Service Plan includes financial provision for the recruitment of a further 60 social workers this year. I have been assured by the HSE that it plans to have these additional staff in place by the end of the year. The additional social workers will be targeted at priority areas of the service having regard to an overall assessment of workload undertaken by the National Director and his team. The recruitment of the additional social workers is one element of a wider change agenda within the HSE, through which I believe we can deliver better outcomes for children and families. This reform agenda will lead to the establishment of a new Child and Family Support Agency which will provide a dedicated focus on child protection and support families in need. In relation to the specific manpower related matters raised, I have asked the Health Service Executive for the information in question which I will forward to the Deputy.

Youth Services 551. Deputy Gerry Adams asked the Minister for Children and Youth Affairs the amount of money that has been allocated to the running of Gaisce — the President’s Award in 2007, 2008, 2009, 2010 and 2011; the amount that will be allocated for 2012; if there have been cuts in the allocation of funding to the programme; and if these cuts will have an impact on the ability of young persons in the North to participate in the Gaisce programme. [34695/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): The Youth Affairs Unit of my Department contributes towards the running costs of Gaisce -The Presidents Award. The funding allocated for 2007 — 2011 is set out in the following table:

756 Questions— 15 November 2011. Written Answers

Funding Allocations: Gaisce — The Presidents Award

2007 2008 2009 2010 2011

€933,000 €956,000 €882,900 €819,446 €737,501

In determining allocations to initiatives and schemes in previous years my Department has made every effort to minimise the impact of the reduction in the Youth Affairs budget on front line youth work services. In light of continuing budgetary constraints, the Youth Affairs budget in 2012 will again require careful management with a focus on prioritising existing youth service provision. Every effort will be made to notify all organisations of their 2012 allocations as speedily as possible. While the question of the geographical spread of young persons participating in the Gaisce programme is the responsibility of Gaisce, all organisations supported by my Department are encouraged to maximise the access, reach and impact of all their programmes and services for young people.

Inter-Country Adoptions 552. Deputy Charlie McConalogue asked the Minister for Children and Youth Affairs the position regarding the ability of Irish parents to adopt children from the State of Florida; the number of adoption applications currently at various stages of processing; when she expects those at various stages of the adoption process to be able to complete the adoption process; and if she will make a statement on the matter. [34789/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): The Adoption Auth- ority of Ireland has informed me that it is currently in the process of examining the typical sequence of operational procedures and processes which are encountered by prospective Irish adopters when effecting an intercountry adoption in the US State of Florida, under the terms of the governing local State legislation within the sovereign State of Florida. Since Ireland ratified the Hague Convention on 1st November 2010, it has been incumbent upon the Authority to satisfy itself that all intercountry adoptions undertaken into Ireland both satisfy the terms of the Convention itself and that all such adoptions are also compatible and compliant with the underlying provisions, ethos and assumptions of the new Adoption Act 2010. In this regard, there are a number of critical and crucial aspects of routine adoption practice and procedure within the State of Florida which need to be examined by the Adoption Auth- ority. It is noteworthy that these aspects appear to be common to virtually all inter-country adoptions by Irish adopters from that jurisdiction. Following a request to the US Central Authority a delegation from the AAI will travel to Washington on 17th November 2011 (returning 19th November) to meet with representatives of the State Department (the Central Authority for the USA under the Hague Convention) to discuss certain issues which have arisen concerning adoptions from Florida. The Adoption Authority of Ireland is an independent statutory body charged with imple- menting the Adoption Act, 2010. The Authority has responsibility for the direct operational implementation of legislation and Government policy. It has a quasi-judicial role and is inde- pendent in its decision-making functions.

Capital Projects 553. Deputy Gerald Nash asked the Minister for Children and Youth Affairs if she will 757 Questions— 15 November 2011. Written Answers

[Deputy Gerald Nash.] provide details in relation to the number and value of State capital project contracts awarded to companies registered outside the State in the years 2009, 2010 and 2011 respectively; if she will provide details in respect of the number and value of State capital project contracts awarded to companies registered in the Republic of Ireland in the years 2009, 2010 and 2011 respectively; and if she will make a statement on the matter. [34804/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): Since my Department was established on the 3 of June 2011, no State Capital Project Contracts have been awarded to any companies.

Departmental Bodies 554. Deputy Dara Calleary asked the Minister for Health the details of applications made for appointments by the Health Information Quality Authority from 1 January 2010 to 29 September 2010; the reasons the applications were made; if they were sanctioned by him and if they were in compliance with the framework issued by him on 27 March 2009. [34058/11]

Minister for Health (Deputy James Reilly): The directive of March 27th 2009 referred to by the Deputy provided that no public service post, however arising, could be filled by recruitment, promotion or payment of an allowance for the performance of duties at a higher grade. Any exceptions to this principle required the prior sanction of the Minister for Public Expenditure and Reform. Following critical analysis by my Department of a detailed business case supplied by the Health Information and Quality Authority (HIQA) in relation to its expanding role, sanction was sought and received from the Minister for Public Expenditure and Reform in 2009 for a partial exemption from the moratorium in relation to specific posts in the Authority. An Employment Control Framework for the period 2010-2012 was subsequently introduced. In recognition of the expanding role of the Authority and its associated requirement for additional staff the Framework authorised the Authority to recruit up to maximum of 203 Whole Time Equivalents subject to the approval of my Department. is authorisation was main- tained in the revised Framework which governs the period 2011-2014. My Department engaged in detailed negotiations with HIQA during the course of 2010 in relation to additional staffing requirements to fulfil its new responsibilities of registration and inspection of services for children, older people and people with disabilities. A number of posts were approved in accordance with the terms agreed with the Department for Public Expendi- ture and Reform.

Medical Cards 555. Deputy Michael Healy-Rae asked the Minister for Health the position regarding a medi- cal card in respect of a person (details supplied); and if he will make a statement on the matter. [34338/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

556. Deputy Pat Deering asked the Minister for Health when a decision will issue on a medical card application in respect of a person (details supplied) in County Carlow. [34339/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

758 Questions— 15 November 2011. Written Answers

557. Deputy Michael Healy-Rae asked the Minister for Health if she will expedite a medical card application in respect of persons (details supplied) in County Kerry; and if he will make a statement on the matter. [34493/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

558. Deputy Michael Healy-Rae asked the Minister for Health the position regarding a medi- cal card application in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [34494/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

559. Deputy Pat Deering asked the Minister for Health when a decision will be made on an application for a medical card in respect of a person (details supplied) in County Carlow. [34645/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Service Allowances 560. Deputy Paschal Donohoe asked the Minister for Health the reason a mobility allowance has ceased in respect of a person (details supplied) in Dublin 3; and if he will make a statement on the matter. [34678/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As the Deputy’s question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply to the Deputy.

Medical Cards 561. Deputy Michael Healy-Rae asked the Minister for Health the position regarding a medi- cal card in respect of a person (details supplied) in County Kerry. [34740/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Service Building Projects 562. Deputy Patrick Nulty asked the Minister for Health the position regarding the construc- tion of the Corduff Health Centre, Dublin; and the timeframe for delivery. [33981/11]

Minister for Health (Deputy James Reilly): The delivery of health care infrastructure is a service matter. Therefore your question has been referred to the Health Service Executive for direct reply.

Health Service Staff 563. Deputy Patrick Nulty asked the Minister for Health if he will facilitate an exemption to the public sector recruitment ban to fill vacated posts in speech and language therapy in the Dublin North West area due to the dramatic reduction in the number of speech and language therapists in this area. [33993/11]

759 Questions— 15 November 2011. Written Answers

Minister for Health (Deputy James Reilly): The Employment Control Framework for the health sector exempts certain grades and posts from the moratorium on recruitment, including speech and language therapy posts. The Framework also allows the HSE discretion to fill non- exempted posts on exceptional grounds in order to maintain essential services. The number of such exceptions must of necessity be kept to a minimum given the need to make reductions in employment numbers and associated pay savings. In July 2011, the HSE decided to introduce a general recruitment pause to assist with addressing the serious budgetary overrun. This decision must be seen in the context of a pos- sible full year deficit of over €300 million (at its current rate of spending) and the need for the Executive to balance its budget by the end of the year.

Hospital Services 564. Deputy Jack Wall asked the Minister for Health the position regarding an application for a hospital appointment in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [34007/11]

Minister for Health (Deputy James Reilly): I am determined to address the issues which cause unacceptable delays in patients receiving treatment in our hospitals. In this regard I have established the Special Delivery Unit (SDU), which will work to unblock access to acute services by dramatically improving the flow of patients through the system, and by streamlining waiting lists, including referrals from GPs. The SDU is working closely with its partner agencies — mainly the HSE and the NTPF. As a priority, public hospitals have been instructed to ensure that, by the end of 2011, they have no patients waiting more than 12 months for treatment. Where they fail to do so, the NTPF will source the necessary treatments elsewhere and an appropriate budgetary adjustment will be made. As this is a service matter, it has been referred to the HSE for direct reply. Should the patient’s general practitioner consider that the patient’s condition warrants an earlier appoint- ment, he/she would be in the best position to take the matter up with the consultant and facility involved.

Departmental Funding 565. Deputy Clare Daly asked the Minister for Health if he will guarantee that the services of an organisation (details supplied) will not be further threatened by cuts to its funding in budget 2012, in view of the fact that it had its funding cut by 6.85% over the past three budgets; and if he will make a statement on the matter. [34032/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): The Health Service Executive has advised me that expenditure on health services for people with a disability in 2011 will be approximately €1.5 billion. Special consideration was given to disability and mental health in Budget 2011 through a maximum reduction of just 1.8% in the allocation for the two sectors. The relatively lower reduction of 1.8%, compared to other areas of the health budget that saw reductions of up to 5%, recognises that these services are provided to vulnerable groups and should help to ensure that existing services are maintained and that priority is given to the delivery of frontline services. I recognise and appreciate the valuable contribution that Prosper Fingal makes to the pro- vision of services to individuals with intellectual disabilities in North Dublin through a range of community-based day, respite, and residential services on behalf of the Health Service

760 Questions— 15 November 2011. Written Answers

Executive. The HSE has advised that Prosper Fingal will receive approximately €6.55 million in funding from them in 2011. Taking the reduction in the overall HSE disability budget for 2011 into account, the HSE was asked to manage the additional resources and engage with service providers including Prosper Fingal, to ensure that existing support needs, and demands for additional places and supports, are managed effectively within the overall allocation. A major priority for the Government in the coming months will be to finalise the current Value for Money and Policy Review of Disability Services to ensure that existing funding for people with disabilities is spent to best effect. It is now more important than ever that large scale spending programmes of this nature are subject to detailed periodic review. The VFM Efficiency and Effectiveness Review will make recommendations that will ensure that the very substantial funding of €1.5 billion provided to the specialist disability health sector is used to maximum benefit for persons with disability, having regard to overall resource constraints which affect all sectors at this time. Budget 2012 With regard to the level of funding for the Disability sector next year, this is being considered as part of the Comprehensive Review of Expenditure and Estimates process for 2012 which is currently underway. Deliberations on the expenditure allocations for 2012 are likely to continue up until Budget time and it would not be appropriate for me to comment further at this stage pending the outcome of those deliberations. As you are aware, the very difficult financial position facing the Exchequer will obviously require very careful management across all areas of expenditure.

Dental Treatment Services Scheme 566. Deputy Caoimhghín Ó Caoláin asked the Minister for Health the dental treatment services scheme budget allocation for each year since 1994. [34035/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): The information sought by the Deputy in relation to the years 1994 — 2003 is not readily available. I have asked the HSE to supply this information to me and I will forward it to the Deputy as soon as possible. Expenditure on the Dental Treatment Services Scheme since 2004 has been as follows:

Year Expenditure (millions)

2004 €53.4 2005 €54.6 2006 €54.9 2007 €58.9 2008 €63.4 2009 €86.3 2010 €79.1 2011 €63 (projected)

567. Deputy Caoimhghín Ó Caoláin asked the Minister for Health the number of dentists in the dental treatment services scheme for each year since 1994. [34036/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): The number of dentists providing services under the Dental Treatment Services Scheme for every year since 1994 is as follows: 761 Questions— 15 November 2011. Written Answers

[Deputy Róisín Shortall.]

Year No. of dentists Year No. of dentists

1994 768 2003 1,340 1995 903 2004 1,340 1996 963 2005 1,394 1997 1,047 2006 1,414 1998 1,063 2007 1,243 1999 1,141 2008 1,349 2000 1,206 2009 1,570 2001 1,315 2010 1,582 2002 1,349

Medical Cards 568. Deputy Caoimhghín Ó Caoláin asked the Minister for Health the number of medical card holders in the State for each year since 1994. [34037/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): The information requested by the Deputy is set out in the table.

Year ending December Number of People with Medical Cards

1994 1,286,913 1995 1,277,055 1996 1,252,384 1997 1,219,852 1998 1,183,554 1999 1,164,187 2000 1,148,055 2001 1,199,454 2002 1,164,453 2003 1,152,908 2004 1,145,083 2005 1,155,727 2006 1,221,695 2007 1,276,178 2008 1,288,621 2009 1,478,560 2010 1,615,809

Ambulance Service 569. Deputy Brian Stanley asked the Minister for Health if he will consider increasing the ambulance service for counties Laois and Offaly, in view of the fact that there is often only one ambulance to service both counties. [34055/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the Health Service Executive for direct reply. 762 Questions— 15 November 2011. Written Answers

Departmental Properties 570. Deputy Jerry Buttimer asked the Minister for Health the location and number of properties owned and rented by the Health Service Executive in Cork city and county, and in the case of rented properties the amount of annual rent paid in respect of each property; and if he will make a statement on the matter. [34059/11]

Minister for Health (Deputy James Reilly): Estate management of the Health Service Execu- tive property portfolio is a service matter. Therefore your question has been referred to the Executive for direct reply.

Medical Cards 571. Deputy Seán Ó Fearghaíl asked the Minister for Health if he will expedite an application for a medical card renewal in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [34091/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Hospitals Building Programme 572. Deputy Pádraig Mac Lochlainn asked the Minister for Health the level of consultation with actual parents or children on the design or, more important, the location of the proposed national children’s hospital; and if he considered this consultation to be adequate. [34139/11]

Minister for Health (Deputy James Reilly): The National Paediatric Hospital Development Board and Children’s Hospital Project Team are committed to ensuring that the views of children, their families and carers are incorporated into the process of designing the new children’s hospital. A Youth Advisory Panel (YAP) was established to obtain the views of children and young people and a Family Forum was developed to represent the views of parents, families and carers. Workshops with the project architects have been held with the YAP and the Family Forum on an on-going basis throughout the design development. The objective of these workshops has been to identify their needs, gather their ideas and recommendations to inform the design of the hospital. Most notably their views have informed the layout of the inpatient bedroom, the music, play and recreational areas, the family accom- modation, the family support areas and the external landscape areas. It is envisaged that these groups will continue to contribute to the design to ensure that this is a child friendly and family focused hospital.

573. Deputy Pádraig Mac Lochlainn asked the Minister for Health the way he can ignore the weight of public opinion here that does not consider the Mater Hospital site, Dublin, to be suitable as the location for the national children’s hospital as evidenced by the overwhelming opposition in two polls (details supplied) on the subject. [34140/11]

Minister for Health (Deputy James Reilly): As the Deputy will be aware I commissioned an independent Review regarding the location of the new children’s hospital on the Mater Campus. I announced the outcome of the Review on the 6th of July 2011. The independent experts who formed the Review Team, having examined all the issues in accordance with the Terms of Reference, came to the unanimous and unequivocal recommendation that the development of the new hospital should proceed on the Mater Campus.

763 Questions— 15 November 2011. Written Answers

[Deputy James Reilly.]

I confirmed the Government’s acceptance of the recommendation of the Review Team and requested the National Paediatric Hospital Development Board (NPHDB) to proceed with a planning application to an Bord Pleanála. Planning permission has just completed the oral hearing stage, and a decision is expected early next year. I am delighted to confirm the Government’s decision to proceed with the delivery of the National Children’s Hospital, and the associated ambulatory and urgent care centre in Tallaght. This decision was announced on 10th November following an extensive review of overall capi- tal spending. The two opinion polls cited by the Deputy do not meet the requirements of a random (i.e. not self-selected) sample. As such they cannot be relied upon as an accurate or representative indication of public opinion, and no clear conclusions can be drawn from them. The decision to locate the National Children’s Hospital on the site of the Mater Hospital follows detailed analysis, which has been objectively tested and validated by an independent expert group. I believe that this analysis is the most appropriate means of making key decisions of this kind.

574. Deputy Pádraig Mac Lochlainn asked the Minister for Health the way he can defend the fact that the independent review of the national children’s hospital project carried out earlier this year did not include a full review of the decision to locate the hospital at the Mater Hospital site, Dublin. [34141/11]

Minister for Health (Deputy James Reilly): The 2006 McKinsey Report to the HSE, Children’s Health First,recommended that:-

• the population and projected demands in Ireland can support only one world class tertiary paediatric hospital;

• it should ideally be located alongside a leading adult academic hospital;

• it should accommodate the secondary care needs of children in the greater Dublin area.

Following the McKinsey report, a Joint HSE/DoHC/OPW Task Group was established in 2006 to advise on the optimum location of the proposed new hospital in line with the McKinsey recommendations. Each of the six major adult academic hospitals in Dublin made a detailed submission to the Task Group. The Group considered the Mater to be in the best geographical position to facilitate a clinical network of critical adult and paediatric specialties. When I came into office I commissioned an independent Review around key issues relating to the location of the new hospital on the Mater Campus. I announced the outcome of the Review on the 6th of July 2011. The independent experts who formed the Review Team, having examined all the issues in accordance with the Terms of Reference, came to the unanimous and unequivocal recommendation that the development of the new hospital should proceed on the Mater Campus. It is important to remember that this Review was not a site selection process. The Review dealt with the issues that had arisen regarding the possibilities of locating the hospital on another site around Dublin closer to the M50 motorway. The Review focussed on the cost differentials and clinical issues with regard to the Mater and notional sites around Dublin. I confirmed the Government’s acceptance of the recommendation of the Review Team and requested the National Paediatric Hospital Development Board (NPHDB) to proceed with a

764 Questions— 15 November 2011. Written Answers planning application to an Bord Pleanála. Planning permission has just completed the oral hearing stage. I am delighted to welcome the Government’s decision to maintain the existing levels of health capital investment. This confirms the Government’s commitment to delivering quality services in modern facilities for the children of Ireland through the provision of the necessary funding for the delivery of the National Children’s Hospital, and the associated ambulatory and urgent care centre in Tallaght.

Croke Park Agreement 575. Deputy Dominic Hannigan asked the Minister for Health the number of Croke Park agreement projects that each State agency under his aegis are progressing; if he will list each project by Department in tabular form; the amount to be saved by each project; the number that have been completed since the agreement came into force; and if he will make a statement on the matter. [34159/11]

Minister for Health (Deputy James Reilly): It should be noted that the Implementation Body for the Agreement is currently considering the progress reported on the implementation of Action Plans under Croke Park in each sector during the period, April to September 2011. The Body is due to publish a summary of the progress reported to it on its website shortly. Once the Body has completed its consideration, the progress reports for this particular reporting period for individual public service bodies, including each state agency, will be published on their organisation’s websites.

Residential Health Care Facilities 576. Deputy Michael Creed asked the Minister for Health if he has been furnished with a list by the Health Service Executive of residential health care facilities deemed to be inadequate for structural reasons arising from the Health Information Quality Authority inspections; if he will publish such a list; if he will outline the short to medium term consequences for these facilities arising from these HIQA inspections; and if he will make a statement on the matter. [34178/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): I have not been furnished with such a list referred to in the Deputy’s Question. However, it is recognised that the age and profile of current public stock together pose significant challenges for the HSE. The Department is currently reviewing the provision of public residential care in the light of the need to meet national standards and regulations, local demographic pressures and the differential in public and private provision. The review will serve as a platform for discussion and will inform the development of an overall strategy on how the HSE should continue to provide this service in future in view of current budgetary and other pressures. The review must also be seen in the light of the wider health reform programme to which the Government is committed, and the position of social care services in a future health service. Standard 25 of the National Quality Standards for Residential Care Settings for Older People addresses the physical environment for all types of residential centres. It should be noted that there is a distinction made between new and existing facilities. This provides a six year period for existing nursing homes, whether public, private or voluntary to meet certain infrastructural deficits, for example with regard to room sizes, the number of residents per room and usable floor space. The Chief Inspector has discretion to extend this timeframe where the provider and the Chief Inspector agree a written, explicit, costed plan with timescales to address these deficits.

765 Questions— 15 November 2011. Written Answers

Home Help Service 577. Deputy Brendan Griffin asked the Minister for Health if home help hours will be reinstated in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [34180/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Accident and Emergency Services 578. Deputy Billy Kelleher asked the Minister for Health if he will provide detailed plans, including a timeline for the closure of accident and emergency at Mallow General Hospital, County Cork; the level of service that will be provided for accident and emergency patients following the closure; and if he will make a statement on the matter. [34216/11]

Minister for Health (Deputy James Reilly): The Government intends to publish a Framework for the Development of Smaller Hospitals, which will set out the way these hospitals provide services to patients and how they work within their regional hospital networks. A Joint HSE/Departmental group is currently working on the Framework’s development. The Frame- work and its implementation is a priority of the Government. In developing the Framework, the Government is clear that:

— there is an important future role for smaller hospitals, in which they will provide services for more patients, not fewer

— no acute hospital will close, and

— safety issues in all acute hospitals, big or small, must be fully addressed, by providing the right type of services in the right settings.

We also need to take into account the individual circumstances of each hospital, to recognise the need for regional solutions and, within the excellent context provided by the HSE’s clinical programmes, to encourage local innovation in response to service issues that arise locally or regionally. The best solutions will vary between regions and within the overall context referred to there is no question of a ‘one size fits all’ approach. I have already said that the reorganis- ation of our acute system must involve a two way transfer of services between the larger and smaller hospitals, and that as much of the less complex acute treatment should be provided as close to a patient’s community as possible. I expect that the model for reassignment of services will be a dynamic one, capable of adapting to the changing needs of patients and the health service, nationally, regionally and locally, and the evolving nature of medical treatment and technology. In April this year, HIQA published its report on Mallow General Hospital. I am satisfied that the actions taken in relation to the hospital have substantially addressed the report’s recommendations on the safety and quality of the hospital’s services. This work has involved close consultation with senior clinicians, professionals and management. Detailed planning for the remaining changes, including changes to the Emergency Depart- ment (ED) necessarily involves significant local consultation in line with the Framework for the Development of Smaller Hospitals. The involvement of GPs is an important element of the consultation process and the final proposals will be cleared with my office before formal implementation commences.

766 Questions— 15 November 2011. Written Answers

The overall approach at Mallow is in line with my vision for smaller hospitals — that they are a vibrant element of local health services, providing treatment and care at the appropriate level of complexity to patients in their areas. It confirms the crucial role that the hospital will play, as part of a wider network of acute hospitals across Cork and Kerry, in providing care for the population of North Cork.

Universal Health Insurance 579. Deputy Billy Kelleher asked the Minister for Health the terms of reference of the implementation group on universal health insurance, including the timing for reporting back and the expected date for implementation of the new universal health insurance prog- ramme [34221/11]

580. Deputy Billy Kelleher asked the Minister for Health in relation to the implementation group on universal health insurance, the persons that will assist in developing detailed and costed implementation proposals and will also help to push the implementation of the reform programme; when the terms of reference of this group will be made available; and if he will make a statement on the matter. [34222/11]

581. Deputy Billy Kelleher asked the Minister for Health the expected date for the White Paper on financing universal health insurance; and if he will make a statement on the matter. [34223/11]

Minister for Health (Deputy James Reilly): I propose to take Questions Nos. 579 to 581, inclusive, together. The Government is embarking on a major reform programme for the health system. The aim of this reform is to deliver a single-tier health service, supported by universal health insurance, that will ensure equal access to care based on need, not income. While universal health insurance is the ultimate destination of this Government’s reform programme, there are a number of important stepping stones along the way and each of these will play a critical role in improving our health service in advance of the introduction of univer- sal health insurance. Key reform initiatives include the establishment of the Special Delivery Unit, significant strengthening of primary care services to deliver universal primary care with the removal of cost as a barrier to access for patients, the introduction of a more transparent and efficient “Money Follows the Patient” funding mechanism for hospitals and the introduction of a purchaser/provider split, whereby hospitals will be established as independent, not for profit trusts. With regard to the timeframe for the introduction of universal health insurance, the objective is to work towards having the legislative and organisational groundwork completed by 2016. Given the complex nature of what is planned, the Government has approved the establish- ment of, and the terms of reference for, an Implementation Group on Universal Health Insurance. I am currently finalising details of the Implementation Group, including its compo- sition, and I will announce these in due course. The Group will assist in developing detailed and costed implementation proposals for univer- sal health insurance and will also help drive the implementation of various elements of the reform programme. The Group will also have responsibility for assisting the Department in preparing a White Paper on Financing Universal Health Insurance which will outline the esti- mated costs and financing mechanisms associated with the introduction of universal health

767 Questions— 15 November 2011. Written Answers

[Deputy James Reilly.] insurance. The White Paper on Financing Universal Health Insurance will be published within the Government’s current term in office. However, it must be emphasised that the precise cost of universal health insurance will significantly depend on the success of various reform measures, as outlined above, over the next 3-4 years. This will influence the development of the White Paper and, as such, it is not possible to be more specific regarding its publication at this stage.

Departmental Funding 582. Deputy Clare Daly asked the Minister for Health the reason the Irish Osteoporosis Society did not receive its annual funding from the Health Service Executive in view of the fact that it is the only charity here that deals specifically with osteoporosis and in view of the fact that the level of funding that it was being considered for was just under the cost of treating five fractured hips €155,000; his views that to cut the funding of a charity which is effective at informing and preventing an expensive condition is ultimately a regressive measure; and if he will make a statement on the matter. [34224/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Vaccination Programme 583. Deputy Denis Naughten asked the Minister for Health the steps he is taking to release all available trial vaccination records of children immunised in mother and baby homes; if he will immediately establish a no fault compensation scheme for those damaged by such vacci- nations; and if he will make a statement on the matter. [34227/11]

Minister for Health (Deputy James Reilly): The Commission put extensive procedures in place to provide information to individuals who suspected that they may have been involved in such trials. Persons who were resident in the above named homes and who wish to ascertain if the Department holds clinical trials vaccination records in respect of them, may do so by contacting my Department. I would emphasise, however, that my Department holds few records relating to persons involved in such trials. As there is no evidence that any of the persons vaccinated in accordance with the arrangements referred to in the Question were adversely affected, the issue of compensation does not arise.

Medical Cards 584. Deputy Patrick O’Donovan asked the Minister for Health the position regarding a medical card application in respect of a person (details supplied) in County Limerick; if the person will continue to be covered if their current medical card lapses while the application for their new one is being processed; and if he will make a statement on the matter. [34233/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Nursing Homes Support Scheme 585. Deputy Jerry Buttimer asked the Minister for Health in relation to the fair care scheme, where a person has been approved for the scheme, if it is the case that the funding must be used within three months of approval; and if he will make a statement on the matter. [34239/11]

768 Questions— 15 November 2011. Written Answers

Minister of State at the Department of Health (Deputy Kathleen Lynch): The legislation underpinning the scheme does not require that an offer of funding be taken up within three months. However, the HSE does specify that applicants to the scheme who have been granted funding must notify their local Nursing Homes Support Office of their nursing home of choice within a specified period. The HSE acknowledges that, in some cases, it may not be possible to immediately identify a nursing home, e.g. where there is no vacancy in the applicant’s nursing home of choice. In such cases, applicants should maintain regular contact with their local Nurs- ing Homes Support Office to keep it updated.

586. Deputy Jerry Buttimer asked the Minister for Health in relation to fair care is it the case that a person who has been approved for participation in the scheme has to wait for all persons who have previously been approved for participation in the scheme to avail of a nursing home bed before they can take up a bed and use the funding for which they have been approved; and if he will make a statement on the matter. [34240/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): Funding for the Nursing Homes Support Scheme is issued to applicants in the chronological order by date of determination of their application. The HSE maintains a national placement list to facilitate this. Once an applicant has been granted funding under the scheme, s/he can avail of a nursing home bed straight away and does not have to wait for those who were ahead of him/her on the placement list to enter nursing home care.

Health Services 587. Deputy Charles Flanagan asked the Minister for Health his strategy in relation to front line services for victims of domestic abuse in County Laois; the funding provided to them in 2010 and 2011; if same is regarded as a front line service in 2012; and if he will make a statement on the matter. [34245/11]

Minister for Health (Deputy James Reilly): As this is a service matter it has been referred to the HSE for direct reply.

588. Deputy Peadar Tóibín asked the Minister for Health the average waiting time on the current orthodontist waiting list in the Navan area and each of the other LEAs in counties Meath and Westmeath; the number of persons on the waiting lists; the options for persons on the waiting lists; and the actions he will take to resolve the problem [34250/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the HSE for direct reply.

Food Labelling 589. Deputy Terence Flanagan asked the Minister for Health if he will respond to correspon- dence (details supplied) regarding healthy food labelling; and if he will make a statement on the matter. [34259/11]

Minister for Health (Deputy James Reilly): Earlier this year I set up a Special Action Group on Obesity to examine and progress a number of issues to address the problem of obesity. The Group is concentrating on a range of measures, including the introduction of calorie posting in restaurants. I have written to fast food establishments throughout Ireland, asking that they support me in introducing this initiative. The Group is looking into the feasibility of extending calorie posting to other restaurants.

769 Questions— 15 November 2011. Written Answers

[Deputy James Reilly.]

The option to extend the details of nutritional labelling beyond calorie content is something that can be considered in the context of the EU regulation on the provision of food information to consumers. One of the main changes in this Regulation is the introduction of mandatory nutritional labelling of prepackaged foods. Labels will have to include details of a food’s energy content as well as its fat, saturated fat, carbohydrate, sugar, protein and salt levels. While this Regulation will come into force shortly, food business operators will be given time to implement the new labelling provisions. The Regulation will also permit the introduction of nutrition labelling for non-packaged foods on a voluntary basis.

Primary Care Strategy 590. Deputy Billy Kelleher asked the Minister for Health the plans for a primary care centre in Athlone, County Westmeath; and if he will provide details on the current status of this plan [34273/11]

Minister for Health (Deputy James Reilly): The delivery of health care infrastructure is a service matter. Therefore your question has been referred to the Health Service Executive for direct reply.

Hospice Services 591. Deputy Patrick Nulty asked the Minister for Health if he will report on St. Francis Hospice in Dublin 15; and when it is likely to be fully operational and open to serve patients in need of palliative care and their families. [34282/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Medical Cards 592. Deputy Michael Healy-Rae asked the Minister for Health the position regarding a medi- cal card in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [34297/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Mental Health Services 593. Deputy Michael Healy-Rae asked the Minister for Health if he will review a matter (details supplied) regarding mental health reform; and if he will make a statement on the matter. [34300/11]

601. Deputy Brendan Griffin asked the Minister for Health if he will respond to a pre-budget submission (details supplied) regarding mental health reform; and if he will make a statement on the matter. [34361/11]

605. Deputy Brendan Smith asked the Minister for Health if he will ensure that the recom- mendations made by mental health reform are given urgent and detailed consideration in the context of budget 2012 (details supplied); and if he will make a statement on the matter. [34455/11]

770 Questions— 15 November 2011. Written Answers

Minister of State at the Department of Health (Deputy Kathleen Lynch): I propose to take Questions Nos. 593, 601 and 605 together. The Government is committed to implementing A Vision for Change and reforming our model of healthcare delivery so that more and better quality care is delivered in the community. In this regard I have asked the HSE to prepare an implementation plan, which will identify specific recommendations of A Vision for Change that can be progressed over the next three years, with timelines, detailed costs, structures and identifiable person(s) responsible for driving the change including delivery on the commitments in our Programme for Government. The question of a Directorate for mental health and issues related to staffing levels particularly in community mental health teams will be examined in this context. It is the Government’s intention that over time access to modern mental health services in the community will be significantly improved. The Programme for Government includes a commitment to ring-fence €35 million annually from within the health budget to develop com- munity mental health teams and services. This currently being considered as part of the Estimates process for 2012 and future years. A Vision for Change also recognised that all citizens should be treated equally and that access to employment for people with mental health difficulties should be on the same basis as any other citizen. We are endeavouring, through housing, education and community based health care, to provide the environment in which employment opportunities can be availed of by all on an equal basis.

Nursing Homes Support Scheme 594. Deputy Billy Timmins asked the Minister for Health the position regarding the fair deal scheme; if a person who has been in long-term care under the Health Service Executive for a number of years needed to have a medical procedure and was transferred to a bed in the Mater Hospital and is now ready to return to long-term care but has been told that funding for their long-stay bed ceased, resulting in them having to apply for the new fair deal scheme even though they were on the subvention for all the years they were in long-term care, the reason they cannot go back on the old system; and if he will make a statement on the matter. [34304/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): The HSE’s National Guidelines for the Standardised Implementation of the Nursing Home Subvention Scheme state that: “The HSE can continue to pay subvention to cover temporary absences. However if this period of absence continues for more than one month, the HSE should investigate the matter further to establish the likelihood of the person returning to the nursing home. Staff in subven- tion offices should be aware that, in many cases, the bed is held at the request of the HSE. Due regard should therefore be given to the fact in that this may be the residents home and decisions to suspend or cease subvention should not be taken lightly in these cases. Where arrangements have been made between the HSE and a Nursing Home in relation to an approved temporary absence of a person, payment should be reviewed on a monthly basis at a minimum”. In addition, a commitment was made when the Nursing Homes Support Scheme was intro- duced that anyone who was in a nursing home when the scheme commenced could not be made worse off by the scheme.

771 Questions— 15 November 2011. Written Answers

Services for People with Disabilities 595. Deputy Regina Doherty asked the Minister for Health the number of persons in County Meath and County Louth included on intellectual disability database in tabular form; the dis- ability strategy for the Louth and Meath region; the services offered for those persons on the intellectual disability database in counties Louth and Meath; the body that provides disability services in the region; and if he will make a statement on the matter. [34309/11]

596. Deputy Regina Doherty asked the Minister for Health the intellectual disability budget per head of population here for the year 2011; the intellectual disability budget per head of population in 2010; and if he will make a statement on the matter. [34310/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): I propose to take Questions Nos. 595 and 596 together. I have asked the Health Service Executive to respond to the Deputy directly in relation to the questions raised on the HSE’s disability strategy for Counties Meath & Louth, the services offered for persons on the intellectual disability data base in those Counties, the bodies that provide disability services on behalf of the HSE in those Counties, and the disability budget per head of population in 2010 and in 2011. With regard to the Deputy’s question on the number of persons in County Meath and County Louth on the Intellectual Disability Database, I wish to advise the Deputy that the National Intellectual Disability Database (NIDD) is maintained by the Health Research Board (HRB). The HRB have advised me that the number of individuals registered on the NIDD in 2010 for Counties Meath & Louth are as follows:

Meath Louth

Male 418 Male 652 Female 336 Female 313

Total 754 Total 965

According to the HRB, the Services being provided are as follows:

Meath Number

Home support 8 Early services 17 Mainstream pre-school 14 Child education and development centre 15 Mainstream school 71 Resource teacher 6 Special class — primary 17 Special class — secondary 4 Special school 146 Third level education 3 Rehabilitative training 44 Activation centre 227 Programme for the older person 5 Special high support day service 17 Special intensive day service 7 Sheltered work centre 44 Sheltered employment centre 2

772 Questions— 15 November 2011. Written Answers

Meath Number

Multidisciplinary support services 36 Centre-based day respite service 2 Day respite in the home 1 Other day service 1 Supported employment 39 Open employment 2 Vocational training 6 Generic day services 14 No Service 6

Total 754

Louth Number

Home support 15 Home help 1 Early services 15 Mainstream pre-school 7 Special pre-school 1 Child education and development centre 11 Mainstream school 35 Special class — primary 14 Special class — secondary 4 Special school 216 Third level education 5 Rehabilitative training 30 Activation centre 258 Programme for the older person 7 Special intensive day service 4 Sheltered work centre 59 Multidisciplinary support services 215 Supported employment 28 Open employment 11 Vocational training 3 No Service 26

Total 965

Hospital Services 597. Deputy Brendan Griffin asked the Minister for Health if he will provide specific details of a service (details supplied) in County Kerry; and if he will make a statement on the matter. [34320/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Departmental Expenditure 598. Deputy Terence Flanagan asked the Minister for Health if he will provide full details 773 Questions— 15 November 2011. Written Answers

[Deputy Terence Flanagan.] of the amounts paid to chief executive officers of hospitals who resigned, retired or were sacked over the past five years; and if he will make a statement on the matter. [34327/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Departmental Properties 599. Deputy Pádraig Mac Lochlainn asked the Minister for Health the valuation the Health Service Executive put on the primary health care centre in Buncrana, County Donegal, cur- rently for sale on the open market; and the investment of the HSE and previously the North Western Health Board in the location from site acquisition up to the present day. [34344/11]

Minister for Health (Deputy James Reilly): Estate management of the Health Service Execu- tive property portfolio is a service matter. Therefore your question has been referred to the Executive for direct reply.

Departmental Expenditure 600. Deputy Dominic Hannigan asked the Minister for Health the amount of money that has been spent on cosmetic procedures for members of the prison population in the years 2007, 2008, 2009, 2010 and 2011; and if he will make a statement on the matter. [34349/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Question No. 601 answered with Question No. 593.

Health Service Staff 602. Deputy Dara Calleary asked the Minister for Health the reason the issuing of two contracts has been delayed in spite of formal job offers having been made (details supplied); and when these contracts will issue. [34363/11]

Minister for Health (Deputy James Reilly): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Hospital Accommodation 603. Deputy Ciara Conway asked the Minister for Health the progress made in establishing a community nursing unit to replace St. Brigid’s Ward at St. Patrick’s Hospital in Waterford city; if he will report on any developments with regard to a replacement community nursing unit; the number of beds this replacement unit might have; when we may expect to see this unit up and running; and if he will make a statement on the matter. [34450/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Medical Cards 604. Deputy Patrick O’Donovan asked the Minister for Health if he will provide an update on a medical card application and application under the long-term illness scheme in respect of persons (details supplied); and if he will make a statement on the matter. [34451/11]

774 Questions— 15 November 2011. Written Answers

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Question No. 605 answered with Question No. 593.

Liquor Licensing Laws 606. Deputy Aodhán Ó Ríordáin asked the Minister for Health his plans to introduce a ban on below-cost selling of alcohol along the lines of similar actions taken in Great Britain; and if he will make a statement on the matter. [34457/11]

Minister for Health (Deputy James Reilly): I assume that the Deputy’s question refers to a minimum price for alcohol. Minimum pricing is a mechanism of imposing a statutory floor in price levels for alcohol products that must be legally observed by retailers; its primary function would be to discourage high-risk levels of alcohol consumption. A National Substance Misuse Strategy Steering Group was established in 2009. It is examin- ing the development of policy to deal with a wide range of key issues relating to the supply, pricing, availability and marketing of alcohol — including the question of a minimum price for alcohol — along with measures for the policy areas of prevention strategies, treatment, rehabilitation and substance dependency, research and information. The report of the Steering Group is close to completion; I expect to receive proposals in the coming months and I will then brief my colleagues in Government on these. In the meantime, I will not pre-empt the work of the group.

Appointments to State Boards 607. Deputy Liam Twomey asked the Minister for Health the number of positions on State boards and agencies under his aegis which he has advertised in the past seven months; the number of applications received; the number of applicants subsequently appointed; and if he will make a statement on the matter. [34507/11]

Minister for Health (Deputy James Reilly): My Department will shortly be inviting expressions of interest on its website in relation to future appointments to State boards at which stage those being considered for appointment as Chairpersons will be required to make themselves available to the appropriate Oireachtas Committee.

Health Service Staff 608. Deputy Brian Stanley asked the Minister for Health when a full-time consultant ortho- dontist will be appointed for County Laois; and the steps being taken to address the waiting lists for treatment and for assessment. [34523/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the HSE for direct reply.

Medical Cards 609. Deputy John Lyons asked the Minister for Health the circumstances under which some- one may be awarded a medical card due to exceptional and regular medical treatment or visits to the doctor even if they are above the income guidelines; if this is based on genuine medical need or the financial hardship this treatment causes; and if he will make a statement on the matter. [34534/11]

775 Questions— 15 November 2011. Written Answers

Minister of State at the Department of Health (Deputy Róisín Shortall): I have asked the Health Service Executive for a report on the issue raised by the Deputy. I will revert to the Deputy on the matter as soon as possible.

Health Service Allowances 610. Deputy Michelle Mulherin asked the Minister for Health the position regarding an appeal against the refusal of a motorised transport grant in respect of a person (details supplied) in County Mayo; and if the processing of the application will be expedited. [34557/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As the Deputy’s question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply to the Deputy.

Ministerial Staff 611. Deputy Mary Lou McDonald asked the Minister for Health the number of his constitu- ency and parliamentary staff, appointed following the February 2011 elections, on salaries that exceed their applicable pay scale grade; the number of his existing and parliamentary staff who were employed prior to the February 2011 elections but were awarded salary increases follow- ing the election that exceeded their applicable pay scale grades; and if he will provide their annual salary details in a tabular format. [34572/11]

Minister for Health (Deputy James Reilly): The salaries of all staff employed in my office are in accordance with the guidelines and scales set by the Department of Public Expenditure and Reform. The staff employed and the salary scales are listed below in tabular format as requested by the Deputy.

Grade Whole Time Equivalent Salary Scale

Personal Secretary 1 €23,820 — €47,755 Personal Assistant 1 €43,715 — €56,060 Executive Officer 1 €29,024 — €45,616

Private Health Insurance 612. Deputy Gerry Adams asked the Minister for Health the number of persons that hold private health insurance; and the percentage of the population this represents. [34583/11]

Minister for Health (Deputy James Reilly): The Health Insurance Authority (HIA) compiles statistics on the numbers of individuals insured in the open market. The latest data available from the HIA relates to quarter three of 2011 and I am advised that 2.17 million people currently have “indemnity” private health insurance, which represents approximately 47% of the population. These figures include those insured by the three main companies: Aviva Health, Quinn Health Care and VHI Health Care. The figures also include those insured by restricted membership schemes which mainly operate for certain vocational groups. In addition, 102,000 people currently have “cash plan” health insurance. Individuals with cash plans have not been included in the 47% population figure.

Hospital Services 613. Deputy Billy Kelleher asked the Minister for Health if it is necessary to sign a ministerial 776 Questions— 15 November 2011. Written Answers order for orthopaedic services to be transferred from St. Mary’s Orthopaedic Hospital to South Infirmary Hospital, Cork; and if he will make a statement on the matter. [34594/11]

Minister for Health (Deputy James Reilly): Under section 38 of the 2004 Health Act, the HSE may enter into arrangements for the provision of services by other parties. The HSE has a service level agreement with the voluntary hospitals in Cork, including South Infirmary Victoria University Hospital (SIVUH). The Regional Director’s Office, HSE South, has advised me that the agreement allows for variations in the services to be provided. The 2011 SLAs with both the Mercy University Hospital and SIVUH will be amended to reflect the changes in activity and services planned, between now and year end, under the reorganisation of acute services in Cork. The current SLAs with both hospitals expire on 31 December 2011 and the 2012 SLAs will reflect these changes, as well as other planned changes scheduled for 2012 as part of this programme.

Hospital Accommodation 614. Deputy Billy Kelleher asked the Minister for Health if there are plans for the wards and theatres that will be vacant following the transfer of patients from St. Mary’s Orthopaedic Hospital, Cork, to the South Infirmary Hospital, Cork; and if he will make a statement on the matter. [34595/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for direct reply.

Hospital Staff 615. Deputy Billy Kelleher asked the Minister for Health if the staff who transfer from St. Mary’s Orthopaedic Hospital, Cork, will remain employees of the Health Service Executive or if they will be required to transfer to the voluntary hospital sector; and if he will make a statement on the matter. [34596/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Medical Cards 616. Deputy John McGuinness asked the Minister for Health if a full medical card will now be issued to a person (details supplied) in County Kilkenny. [34601/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

617. Deputy John McGuinness asked the Minister for Health if he will expedite the approval of a medical card in respect of a person (details supplied) in County Kilkenny. [34602/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

618. Deputy John McGuinness asked the Minister for Health if the renewal of a medical card will be completed as a matter of urgency in respect of a person (details supplied) in County Kilkenny. [34603/11]

777 Questions— 15 November 2011. Written Answers

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

619. Deputy John McGuinness asked the Minister for Health if a full medical card will be issued to persons (details supplied) in County Kilkenny; and if he will expedite a full review of the case. [34604/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

620. Deputy John McGuinness asked the Minister for Health if the renewal of a medical card in respect of a person (details supplied) will be expedited and approved. [34609/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Nursing Homes Support Scheme 621. Deputy John McGuinness asked the Minister for Health in, view of the ageing popu- lation and the requirements and challenges associated with providing long-term care for our ageing population, whether he will commit to the proposal from Nursing Homes Ireland on the establishment of forum on long-term care led by his Department. [34616/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): The Nursing Homes Support Scheme is due for formal review commencing in 2012. The scheme will be three years in operation at that stage. The reason for allowing this period to elapse is to ensure that trends and statistics will be available in order to inform this work. The review will look at the ongoing sustainability of the scheme, the relative costs of public versus private provision and the balance of funding between residential and community care. The views of relevant stakeholders will be considered as part of the review.

622. Deputy Seán Ó Fearghaíl asked the Minister for Health the number of fair deal appli- cations submitted from County Kildare in 2011; the number that have been approved; the numbers awaiting approval; the average time taken to approve an application; the number of applications refused; and if he will make a statement on the matter. [34623/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Medical Cards 623. Deputy Caoimhghín Ó Caoláin asked the Minister for Health when a reply (details supplied) will issue regarding a person who is being denied a medical card because they are under 25 years of age and, therefore, subject to a lower income threshold for medical card eligibility. [34626/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): I have asked the Health Service Executive for a report on the individual case raised by the Deputy. I will revert to the Deputy on the matter as soon as possible.

Community Care 624. Deputy Sean Fleming asked the Minister for Health if he will supply all information,

778 Questions— 15 November 2011. Written Answers correspondence, reports and other documentation regarding the decision to close Abbeyleix Community Nursing Unit, Abbeyleix, County Laois. [34631/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): I understand the Deputy wishes to understand the rationale behind the closure of Abbeyleix Community Nurs- ing Unit. The unit provides continuing care, day care and respite services to people in Laois/Offaly and bordering areas of Kilkenny, Carlow, Tipperary and Kildare. The Health Service Executive has advised that the reducing funding allocation being experienced across all HSE services, together with staff losses as a result of the public sector moratorium, combined with the anticipated losses of staff between now and the end of the year make it essential that it now moves to consolidate the overall provision of long-stay care within the Dublin Mid — Leinster Region. An inspection report published by HIQA in February 2011 concluded that the ratio of staff to residents at the Abbeyleix unit was not adequate to meet the needs of the mainly maximum dependency residents. It also noted that the building is old and has a number of multi-occu- pancy bedrooms which do not meet the requirements of the national standards. Taking all these factors together, the HSE took the decision to proceed with the closure of Abbeyleix CNU. It will continue to consult and communicate with residents’ families, staff, public representatives and key people in the wider community including Friends of the Hospital, Age Action, and local GPs, clergy and gardaí. It is intended that the residents will be transferred to public units where appropriate and that the remaining residents will be trans- ferred to private nursing homes. Staff from Abbeyleix CNU will be transferred to reopen closed beds and/or prevent the closure of other public beds resulting from moratorium losses in the area. In relation to the other services provided at Abbeyleix CNU, I can confirm that the day care services will continue to cater for the needs of the 90 clients — approximately 24 per day — who use the service, and there are plans to further enhance this service in the future. Respite service for the current 8 clients will continue; however, it is intended that this service will transfer to a private provider following consultation with the families concerned. I can also assure the House that the Primary Care Centre located on the grounds of the facility will also continue in line with the HSE Primary Care Strategy. If the Deputy wishes to examine the documentation relating to this decision, the proper channel for this is through a request under the Freedom of Information Act and he should contact the Freedom of Information Unit of the Department or alternatively the HSE.

National Treatment Purchase Fund 625. Deputy Brendan Griffin asked the Minister for Health if he will consider the facts of a matter concerning a health care facility (details supplied) in County Kerry; if he will take action to resolve issues threatening the future of this facility; and if he will make a statement on the matter. [34633/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): Valentia Com- munity Hospital is a voluntary facility which has a service level agreement with the HSE under section 39 of the Health Act 2009. The legislation underpinning the Nursing Homes Support Scheme requires all private nursing homes and voluntary nursing homes which previously received funding under Section 39 of the Health Act 2004 to negotiate and agree a price for the cost of care with the National Treatment Purchase Fund (NTPF) should they wish to participate in the scheme. This is a necessary feature of the scheme due to the commitment by the State to meet the full balance of the cost of care over and above a person’s contribution.

779 Questions— 15 November 2011. Written Answers

[Deputy Kathleen Lynch.]

The NTPF has statutory responsibility for the negotiation of prices with private and voluntary nursing homes. The NTPF is independent in the performance of this function and, in carrying it out, it must ensure value for money for both the individual and the State. The NTPF nego- tiates with each nursing home individually and may examine the records and accounts of nurs- ing homes as part of the process. This method of negotiation is necessary in order to ensure that the State obtains the best value for each individual in a nursing home and to comply with competition law. The Nursing Homes Support Scheme only applies to long-term nursing home care. Valentia Hospital can continue to have separate agreements with the HSE for the provision of other services, e.g. respite, day care and convalescence. There have been ongoing discussions between the Board of Management of Valentia Community Health and Welfare Association Ltd. and the HSE with regards to future service provision. In addition, the Minister for Health met with a delegation from Valentia Hospital in June. Following the meeting, the HSE is continuing to engage with the Board of Management with regard to the future of the service.

Care of the Elderly 626. Deputy Michael Healy-Rae asked the Minister for Health in view of the fact that there are only 47 beds in the whole of the Iveragh peninsula area of County Kerry and with a growing elderly population and ever decreasing young population whether he will explain the way in which the elderly will be looked after; and if he will make a statement on the matter. [34657/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Health Services 627. Deputy Sean Fleming asked the Minister for Health to outline the current issues relating to the provision of services and matters that need to be examined in respect of a facility (details supplied). [34674/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter the question has been referred to the HSE for direct reply.

Health Service Staff 628. Deputy Seán Kenny asked the Minister for Health the positions that have been filled in the Health Service Executive in Dublin since the recruitment pause in July 2011 as exceptions to address critical service risks; and if he will make a statement on the matter. [34686/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Health Services 629. Deputy Seán Kenny asked the Minister for Health his plans to improve chiropody services in the community care area 8; and if he will make a statement on the matter. [34687/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the HSE for direct reply.

780 Questions— 15 November 2011. Written Answers

Accident and Emergency Services 630. Deputy Seán Kenny asked the Minister for Health the immediate steps being taken to alleviate overcrowding at the accident and emergency department of Beaumont Hospital, Dublin 9; and if he will make a statement on the matter. [34688/11]

631. Deputy Denis Naughten asked the Minister for Health in view of the problems in individual hospitals whether he will outline the funding and steps which are being taken in each emergency department under his recently approved initiative to ease pressures in certain emergency departments; and if he will make a statement on the matter. [34709/11]

Minister for Health (Deputy James Reilly): I propose to take Questions Nos. 630 and 631 together. I have said very clearly on many occasions that the situation in our hospital emergency departments where people must wait for unacceptably long periods on trolleys will not be allowed to continue. For this reason, one of my first actions as Minister for Health was to set about establishing the Special Delivery Unit. The problems in our emergency departments are complex and they did not arise overnight. The particular issues vary from hospital to hospital and some of the solutions will depend on local factors. The SDU is establishing an infrastructure based on information collection and analysis, hospital by hospital, so that we will know what is actually happening in real time. It is providing information tools for hospital managers, including clinical managers, to map and measure bed capacity in their hospital depending on variations, for example, in the average length of stay of patients. This will allow us to begin to embed performance management in the system, to manage bed capacity and to sustain shorter waiting times. As part of the process of forming the overall picture of the emergency departments situation nationally, the SDU has identified fifteen hospitals which between them account for 80% of the trolley wait problem in the hospital system. Eight Hospitals have been identified for very high support including Beaumont. Liaison Officers from the SDU are working pro-actively to support these sites. I have also agreed that some additional funding may be provided, on a strictly once-off basis, based on specific proposals from the hospitals to reduce waiting times between now and the end of the year which will help to address issues such as delayed discharges. Adherence to the agreed criteria will be closely monitored by the SDU. Funding has been agreed for Beaumont (over €400,000), Our Lady of Lourdes Hospital, Drogheda (over €700,000), the Mater (over €700,000) St Vincent’s/ St Colmcille’s (over €440,000), Tallaght Hospital (over €300,000),Galway University Hospital (over €340,000), Cork University Hospital (over €400,000) and Connolly (€270,000). Further consideration is being given to other proposals including one in respect of Limerick Regional Hospital. The conditions and performance measures which Beaumont and other hospitals will have to meet are as follows; for the remainder of the year and throughout January 2012 no patient will wait more than 23 hours in the hospital’s Emergency Department. In addition the trolley wait target must be maintained at least 70% below the maximum daily trolley count since January 2010. Other conditions/performance measures include:

• Seven day ward/discharge rounds;

• Achievement of all Acute Medicine Programme milestones; and

• Implementation of approved measures to effectively stream elderly patients.

781 Questions— 15 November 2011. Written Answers

Capital Projects 632. Deputy Gerald Nash asked the Minister for Health if he will provide details of the number and value of State capital project contracts awarded by the Health Service Executive and his Department to companies registered outside the State in the years 2009, 2010 and 2011 respectively; if he will provide details in respect of the number and value of State capital project contracts awarded to companies registered in Ireland in the years 2009, 2010 and 2011 respectively; and if he will make a statement on the matter. [34712/11]

642. Deputy Gerald Nash asked the Minister for Health if he will provide details of the number and value of State capital project contracts awarded to companies registered outside the State in the years 2009, 2010 and 2011 respectively; if he will provide details in respect of the number and value of State capital project contracts awarded to companies registered in the Ireland in the years 2009, 2010 and 2011 respectively; and if he will make a statement on the matter. [34811/11]

Minister for Health (Deputy James Reilly): I propose to take Questions Nos. 632 and 642 together. My Department’s capital expenditure for the years 2009, 2010 and its allocation for 2011 is set out in the following table:

2009 €m Expenditure 2010 €m Expenditure 2011 €m Allocation

(a) Department 13.748 11.028 15.473 Drugs Initiative* ——0.618 (b) OMCYA** 54.509 26.198 —

Total Allocation 68.257 37.226 16.091 *Following the transfer of functions from the Department of Community, Equality and Gaeltacht Affairs in May 2011, my Department’s capital allocation was increased by €0.618m. **Functions in relating to children and youth affairs have been transferred to the new Department of children and Youth Affairs.

(a) My Department The information sought in respect of my Department is not available as payments are not classified by a company’s country of registration. However, the following information is avail- able on payments in non euro currencies.

• In 2009, capital expenditure in respect of my Department’s internal ICT infrastructure and office equipment amounted to €0.45m. Of this figure non euro payments amounted to €1,458.75.

• In 2010, capital expenditure in respect of my Department’s internal ICT infrastructure and office equipment amounted to €0.25m. Of this figure, non euro payments amounted to €1,452.75.

• To date in 2011, only euro payments have been made.

The remaining expenditure of €13.298m in 2009 and €10.778m in 2010 was allocated in capital grants to directly funded agencies under the aegis of my Department. In 2011, up to €15m will be allocated in capital grants to directly funded agencies. My Department does not collect the information sought. Euro payments only have been made from the Drugs Initiative capital allocation. 782 Questions— 15 November 2011. Written Answers

(b) Office of the Minister for Children and Youth Affairs (OMYCA) In 2009 and 2010, euro payments only were made by the OMCYA. Pobal, a company established to assist Government Departments to implement grant programmes, administered capital funding for the National Investment Childcare Programme (NCIP) on behalf of the Office of the Minister for Children and Youth Affairs. Capital grants were also paid from the Young People’s Facilities and Services Fund (YPFSF) to various councils and VECs. The Health Service Executive As the management and delivery of the health capital programme is a service matter, your question has been referred to the Health Service Executive for direct reply.

Hospitals Building Programme 633. Deputy Pádraig Mac Lochlainn asked the Minister for Health in view of the fact that there is to be 972 car parking spaces allocated to the proposed national paediatric hospital at the Mater site in Dublin, whether he expects this to be enough to accommodate approximately 6,000 persons, including staff, patients and visitors, who will use the hospital every day; and if he will bear in mind that parents transporting tertiary level patients are mostly unable to use public transport. [34713/11]

634. Deputy Pádraig Mac Lochlainn asked the Minister for Health the action that will be taken to accommodate those persons attending the proposed national paediatric hospital at the Mater site, Dublin, especially with tertiary level children, who cannot find a parking space; and whether they will be obliged to take the chance of being clamped, as is the case at present. [34714/11]

635. Deputy Pádraig Mac Lochlainn asked the Minister for Health in view of the views of the European Association for Children in Hospital Charter, whether parents should not need to incur additional costs or suffer loss of income while their child is in hospital; how he will ensure that parking costs will not be an issue for parents whose children are in hospital at the proposed national paediatric hospital at the Mater site, Dublin, in the long term. [34715/11]

Minister for Health (Deputy James Reilly): I propose to take Questions Nos. 633 to 635, inclusive, together. In order to assess the amount of car parking which is required to adequately serve the demand generated at the National Children’s Hospital, the National Paediatric Hospital Development Board carried out a multi-factor analysis which was based on a wide variety of information including the following:

• An examination of the parking levels at a number of existing national and inter- national hospitals;

• Data based on physical, on-site hospital surveys and data identifying patient numbers, arrival and departure patterns, duration of stay and numbers of vehicles generated by patients; and

• Current national and international policies regarding sustainable development and Dublin City Council Development Plan standards.

It is important to note that of the 972 car parking spaces proposed, over 75% are to be reserved for patients/visitors, with the remaining 236 spaces provided for staff. The low level of staff parking will be facilitated by the implementation of a mobility management plan at the hospital which will put in place a number of strategies and measures to increase awareness of the abundance of public transport and cycle/pedestrian facilities locally and encourage their use.

783 Questions— 15 November 2011. Written Answers

[Deputy James Reilly.]

In relation to the question of car parking for persons attending the Hospital with tertiary level children, this is not considered likely to be problematic by the National Paediatric Hospital Development Board given the amount of parking being provided on the new site. The construc- tion of the new adult hospital on the Mater campus will include a 447 space car park, which will significantly improve parking locally. When combined with the children’s hospital, this will give a total of 1,419 parking spaces at the overall Mater campus. In relation to the question of car parking for persons with long-term critically ill children, the plan is to provide a number of free car parking spaces for parents of these children and the Ronald McDonald House charity is working to provide accommodation for these parents.

Capital Projects 636. Deputy Tom Fleming asked the Minister for Health if he will provide the capital funding for the replacement facilities necessary to complete the closure of St Finan’s Hospital, Killarney, County Kerry (details supplied); and if he will make a statement on the matter. [34716/11]

Minister for Health (Deputy James Reilly): Following the publication last week of the ‘Infra- structure and Capital Investment 2012-2016: Medium Term Exchequer Framework’, the Health Service Executive will commence drawing up its capital programme for the multi-annual period 2012-2016. The executive is required to prioritise the capital infrastructure projects within its overall capital funding allocation, taking into account the programme’s capital commitments and costs to completion over the period. The proposed plan requires my approval with the consent of the Minister for Finance.

Social Welfare Benefits 637. Deputy John McGuinness asked the Minister for Health if he will explain his response to issues raised in an e-mail from a person (details supplied); when he will be able to assist; and if he will make a statement on the matter. [34718/11]

Minister for Health (Deputy James Reilly): On 31st August 2011 my Department received an e-mail from the person concerned seeking financial assistance and outlining various social welfare and HSE benefits applied for but not awarded. This e-mail was forwarded to the Health Service Executive for attention. The information provided by the person stated that they had applied for assistance from a number of schemes but without success. Most of these schemes are operated by the Department of Social Protection. Two of the schemes come under the remit of the HSE — the Long-term Illness Scheme and Mobility Allowance. The person con- cerned was considered for assistance under both schemes but was not successful. They have been advised that they can appeal these decisions. Officials from my Department have been advised by the executive that the person has not appealed these decisions as yet.

Departmental Staff 638. Deputy Joe Carey asked the Minister for Health when the position of chief dental officer will be made; and if he will make a statement on the matter. [34792/11]

Minister for Health (Deputy James Reilly): The current moratorium on the filling of posts has meant that my Department has not been in a position to fill the post of Chief Dental Officer. Future decisions on this post will be taken against the backdrop of my Department’s need to balance the delivery of business priorities with falling levels of overall resources.

784 Questions— 15 November 2011. Written Answers

Medical Cards 639. Deputy Caoimhghín Ó Caoláin asked the Minister for Health if his attention has been drawn to the case of a person (details supplied) whose application to move from a family to an individual medical card was submitted within the requisite timeframe but which has not yet been approved due to backlogs in the newly-centralised processing system; if he considers it acceptable that a person should lose their entitlement to a medical card, even temporarily, solely because of delays in the processing system; if he will ensure this person’s medical card is issued without delay; if he will institute a policy that no person will lose their entitlement in these circumstances; and if he will make a statement on the matter. [34794/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): The Health Service Executive (HSE) has centralised the processing of all new medical card applications and renewals at the Primary Care Reimbursement Service (PCRS) with effect from 1st July 2011. The executive has stated that completed medical card applications are processed within 15 working days. Delays occur where applications are submitted without the supporting docu- mentation necessary to complete the processing of the application. Over 70% of applications received in the Central Office are complete. The Deputy’s particular query concerning an individual’s medical card status has been referred to the Health Service Executive for direct reply to the Deputy.

Hospital Accommodation 640. Deputy Finian McGrath asked the Minister for Health if he will review a matter in respect of a person (details supplied) in County Dublin. [34795/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for direct reply.

Nursing Home Closure 641. Deputy Finian McGrath asked the Minister for Health the position regarding a nursing home (details supplied). [34796/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply. Question No. 642 answered with Question No. 632.

Home Help Service 643. Deputy Dominic Hannigan asked the Minister for Health the number of home help hours that were available in County Meath in the years 2007, 2008, 2009, 2010 and to date in 2011; and if he will make a statement on the matter. [34828/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Grant Payments 644. Deputy Terence Flanagan asked the Minister for Transport, Tourism and Sport the position regarding a grant in respect of a person (details supplied); and if he will make a statement on the matter. [34056/11]

785 Questions— 15 November 2011. Written Answers

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The matter raised is an operational matter for Fáilte Ireland. I have referred the Deputy’s Question to Fáilte Ireland for direct reply. Please advise my private office if you do not receive a reply within ten work- ing days.

Road Network 645. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport if he will grant emergency funding for maintenance of local authority road network in County Kerry, which have deteriorated due to the high volume of rain in the past few weeks. [34212/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The improvement and maintenance of regional and local roads, in its area, is a statutory function of each road auth- ority in accordance with the provisions of section 13 of the Roads Act, 1993. Works on such roads are a matter for the relevant local authority to be funded from its own resources sup- plemented by State road grants. The initial selection and prioritisation of projects to be funded is also a matter for the local authority. All 2011 regional and local road grants have now been fully allocated and there are no further funds available from which an additional allocation could be made. The Department would however, be prepared to consider any revisions the Council wish to make to their 2012 Restoration Improvement Programme.

646. Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport if his com- mitment to the N2 A5 project will be discussed at the forthcoming plenary meeting of the North South Ministerial Council. [34540/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): Arising from the St. Andrew’s Agreement, the Government gave a commitment to co-fund the construction of the A5 through Northern Ireland to Derry thus improving access to Letterkenny and North Donegal. In light of the current economic circumstances, the Government has had to defer its funding commitment to this project. The project will be discussed at the forthcoming NSMC Plenary meeting in terms of the progress made to date and the position in relation to funding by the Irish Government. With regard to the N2, this is a national roads project and the statutory responsibility for its implementation lies with the NRA, and the relevant local auth- orities concerned. It is not on the agenda for discussion at the forthcoming plenary.

Swimming Pool Projects 647. Deputy Michael McCarthy asked the Minister for Transport, Tourism and Sport if he will provide an update on plans to refurbish and extend Dunmanway swimming pool, County Cork; when the project will be complete; the current stage of the project; and if he will make a statement on the matter. [34636/11]

Minister of State at the Department of Tourism, Culture and Sport (Deputy Michael Ring): Under the Local Authority Swimming Pool Programme there are four principal stages in a swimming pool project following the submission of a feasibility study. These, in order of pro- gress, are: Preliminary Report; Contract Documents; Tender and Construction. My Department received a proposal from Cork County Council on behalf of Dunmanway for the refurbishment of the existing pool together with an extension to accommodate additional facilities including a gym. A Preliminary Report on this proposal was approved in March 2001. I understand that the Council expects to have Contract Documents submitted to

786 Questions— 15 November 2011. Written Answers the Department for approval by April 2012. Responsibility for progressing this project rests with the Local Authority.

Railway Stations 648. Deputy Patrick Nulty asked the Minister for Transport, Tourism and Sport the position regarding the opening of Hansfield train station, Dublin; and when construction of the required link road will commence. [33982/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): As Minister for Trans- port, Tourism and Sport I have responsibility for policy and overall funding in relation to public transport. Following the establishment of the National Transport Authority (NTA) on December 2009, the implementation and development of infrastructure projects in the Greater Dublin Area (GDA), such as Hansfield station, comes under the remit of the NTA. The legis- lative basis for this is Section 11 (1) (e) of the DTA Act 2008 “Principal Functions of Authority — The principal functions of the Authority are to secure the- provision of public transport infrastructure”. Noting this I have referred the Deputy’s question to the NTA for direct reply. Please advise my private office if you don’t receive a reply within 10 working days. Notwithstanding the above, I have engaged with the relevant parties — Iarnród Eireann, Fingal County Council and the NTA. The amendment to the SDZ permitting a car park at Hansfield has been appealed to An Bord Pleanála by a third party and this will impact on the granting of planning permission for it. As the Deputy will know from his time as a member of a local authority, this is beyond my control. However, I continue to work on this matter and will see it through. I look forward to inviting the Deputy to the official opening next year.

Croke Park Agreement 649. Deputy Dominic Hannigan asked the Minister for Transport, Tourism and Sport the number of Croke Park agreement projects that each State agency under his aegis are pro- gressing; if he will list each project by Department in tabular form; the amount to be saved by each project; the number that have been completed since the agreement came into force; and if he will make a statement on the matter. [34165/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The following Table sets out a summary, for the agencies under my remit, of the key project deliverables under the Public Sector (Croke Park) Agreement. The Agreement requires each agency to achieve very substantial cost and staffing efficiencies and I expect them to identify the best means of achiev- ing these. More detailed action plans and progress reports, identifying each action/project and the rate of progress and achievements to date, are available on each agency website. The Implementation Body for the Agreement is currently considering the progress reported by the agencies during the period, April to September 2011. The Body is due to publish a summary of the progress reported to it on its website shortly. Once the Body has completed its consider- ation, the progress reports for this particular reporting period will be published on the agen- cies’ websites.

Project/Programme Agency(s)

Staff Numbers Management All non-commercial transport, tourism and sport agencies. Real-time passenger information rollout National Transport Authority

787 Questions— 15 November 2011. Written Answers

[Deputy Leo Varadkar.] Project/Programme Agency(s)

Review of estate for driver testing service Road Safety Authority Plastic Card Driving Licence Road Safety Authority Air Passenger Rights (APR) and Persons with Reduced Commission for Aviation Regulation Mobility (PRM) Scheme Electronic consent application processing to integrate National Roads Authority requests for road openings linked to utilities/communications infrastructure works Independent review of Dublin Regional Tourism Fáilte Ireland Authority

Tourism Industry 650. Deputy Dominic Hannigan asked the Minister for Transport, Tourism and Sport the funding available for local tourism forums to conduct research to help their local tourism indus- try; and if he will make a statement on the matter. [34229/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The matter raised is an operational matter for Fáilte Ireland. I have referred the Deputy’s Question to Fáilte Ireland for direct reply. Please advise my private office if you do not receive a reply within ten work- ing days.

Road Network 651. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport the posi- tion regarding road improvement works (details supplied) in County Kerry; and if he will make a statement on the matter. [34333/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): As Minister for Trans- port, I have responsibility for overall policy and funding in relation to the national roads prog- ramme. The construction, improvement and maintenance of individual national roads, is a matter for the National Roads Authority under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned. Noting this I have referred the Deputy’s question to the NRA for direct reply. Please advise my private office if you don’t receive a reply within 10 working days.

652. Deputy Joe Carey asked the Minister for Transport, Tourism and Sport if he will confirm his position not to impose a road toll on the Ennis bypass section of the M18; and if he will make a statement on the matter. [34376/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): Having considered the matter, I will not be introducing tolls on the Ennis by-pass section of the M18.

653. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport if he will investigate a matter (details supplied) regarding the Road Safety Authority [34490/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The subject matter of this particular question is the responsibility of the Road Safety Authority and I have referred the question to them for direct reply. I would ask the Deputy to contact my office if a reply has not been received within ten days. 788 Questions— 15 November 2011. Written Answers

Appointments to State Boards 654. Deputy Liam Twomey asked the Minister for Transport, Tourism and Sport the number of positions on State boards and agencies under his aegis which he has advertised in the past seven months; the number of applications received; the number of applicants subsequently appointed; and if he will make a statement on the matter. [34512/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): In April of this year I advertised in the national press and on my Department’s website for expressions of interest from individuals who wished to serve as Chairpersons of CIE and its three main subsidiaries and across the full range of State boards for which I have responsibility as vacancies arise. I received 306 applications through this process. In total there have been 41 appointments made to state boards under the aegis of the Department of Transport, Tourism and Sport during my term as Minister, of which 23 were new appointments and 18 were re-appointments. 12 appointments were from those applications received. Of the 4 CIE Chairpersons appointed, 2 were of individuals who expressed an interest in serving through the application process. This is a new departure in the appointment of boards which I hope will allow for a greater range of candidates to be considered. However, given the importance of ensuring the right mix of skill sets on every board, appointments are not necessarily confined to those who have made an expression of interest.

Road Network 655. Deputy Joan Collins asked the Minister for Transport, Tourism and Sport if his attention has been drawn to the fact that the intra-urban road link Objective T2.12 linking the junction of Burton Street-Pearse Road to the junction of Mail Coach Road-Connolly Street, as con- tained in the Sligo and environs development plan, has yet to be implemented; if he has received any submissions from Sligo Borough Council seeking funding to purchase the strip of land still in private ownership which the borough council requires to enable the link road to be completed; and if he will make a statement on the matter. [34525/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The improvement and maintenance of regional and local roads, in its area, is a statutory function of each road auth- ority in accordance with the provisions of section 13 of the Roads Act, 1993. Works on such roads are a matter for the relevant local authority to be funded from its own resources sup- plemented by State road grants. The initial selection and prioritisation of projects to be funded is also a matter for the local authority. My Department has no record of an application for funding for this intra-urban link road from Burton Street/Pearse Road to Mail Coach Road/Connolly Street. Earlier this year the National Roads Authority (NRA) invited applications for consideration for funding under the 2012 Specific Improvement Grants in respect of regional and local roads. Sligo County Council submitted 9 projects, however the intra-urban road link was not among the applications submit- ted. No separate applications for funding were received from Sligo Borough Council as any such application would have to be included in the County Council submission.

656. Deputy Patrick O’Donovan asked the Minister for Transport, Tourism and Sport his plans for works (details supplied) in County Limerick; if funding is available; and if he will make a statement on the matter. [34544/11]

789 Questions— 15 November 2011. Written Answers

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The improvement and maintenance of regional and local roads, in its area, is a statutory function of each road auth- ority in accordance with the provisions of section 13 of the Roads Act, 1993. Works on such roads are a matter for the relevant local authority to be funded from its own resources sup- plemented by State road grants. The initial selection and prioritisation of projects to be funded is also a matter for the local authority. All 2011 regional and local road grants have now been fully allocated and there are no further funds available from which an additional allocation could be made. Earlier this year the National Roads Authority (NRA) invited applications for consideration for funding under the 2012 Specific Improvement Grants. Limerick County Council submitted 5 projects, however the R521 Newcastle West to Ardagh Road was not among the applications submitted.

Ministerial Staff 657. Deputy Mary Lou McDonald asked the Minister for Transport, Tourism and Sport the number of his constituency and parliamentary staff, appointed following the February 2011 elections, on salaries that exceed their applicable pay scale grade; the number of his existing and parliamentary staff employed prior to the February 2011 elections but awarded salary increases following the election that exceed their applicable pay scale grade; and if he will provide their annual salary details in a tabular format. [34578/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): Two of my staff, Mr John Carroll (Policy Adviser) and Ms Mary Donohoe (Personal Secretary), were previously employed by the Oireachtas Commission as part of my parliamentary staff. In respect of Mr John Carroll, the applicable payscale ranges from €43,715 — €56,060 per annum while in the case of Ms Mary Donohoe, the applicable payscale ranges from €456.50 — €915.20 per week. These are the equivalent payscales to those of Parliamentary Assistant and Secretarial Assistant for those employed by the Oireachtas Commission. In neither case do they receive salaries in excess of their respective payscale.

Tourism Industry 658. Deputy Gerald Nash asked the Minister for Transport, Tourism and Sport if he will list and provide details of all of the available funding streams for community-based tourism initiat- ives supported by him; and if he will make a statement on the matter. [34580/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The matter raised is an operational matter for Fáilte Ireland. I have referred the Deputy’s Question to Fáilte Ireland for direct reply. Please advise my private office if you do not receive a reply within ten work- ing days.

Rail Services 659. Deputy Dominic Hannigan asked the Minister for Transport, Tourism and Sport if consideration has been given to changing the fare structure on the Dundalk — Drogheda — Dublin train line to accommodate new commuters who live in the Gormanston area; and if he will make a statement on the matter. [34702/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The issue raised is an operational matter for Iarnród Éireann in conjunction with the National Transport Authority.

790 Questions— 15 November 2011. Written Answers

I have referred the Deputy’s question to the company for direct reply. Please inform my private office if you do not receive a reply within ten working days.

Capital Projects 660. Deputy Gerald Nash asked the Minister for Transport, Tourism and Sport if he will provide details in relation to the number and value of State capital project contracts awarded to companies registered outside the State in the years 2009, 2010 and 2011 respectively; if he will provide details in respect of the number and value of State capital project contracts awarded to companies registered in the Republic of Ireland in the years 2009, 2010 and 2011 respectively; and if he will make a statement on the matter. [34817/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): Procurements for the main State infrastructural projects are not made directly by my Department but are the responsibility of the Agencies operating under the aegis of my Department. I have forwarded the Deputy’s question to the agencies concerned for their direct response. If the Deputy does not receive a reply within ten working days, please advise my private office

Road Network 661. Deputy Dominic Hannigan asked the Minister for Transport, Tourism and Sport the amount of professional indemnity insurance that the consultants who produced the traffic fore- casts on the M3 have; and if he will make a statement on the matter. [34829/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): Noting the above posi- tion, I have referred the Deputy’s question to the NRA for direct reply. Please advise my private office if you don’t receive a reply within 10 working days.

662. Deputy Dominic Hannigan asked the Minister for Transport, Tourism and Sport if he will describe the payment mechanism to toll operators, including the payment mechanism if vehicle numbers fall short of the predicted level; the current levels of payments to toll oper- ators; and if he will make a statement on the matter. [34830/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The statutory power to levy tolls on national roads, to make toll bye-laws and to enter into toll agreements with private investors in respect of national roads is vested in the National Roads Authority (NRA) under Part V of the Roads Act 1993 (as amended by the Planning and Development Act 2000 and the Roads Act 2007). The contracts for the privately-operated toll schemes are commercial agreements between the NRA and the Public Private Partnership (PPP) concessionaires con- cerned. Two PPP contracts, the M3 Clonee-Kells PPP and the Limerick Tunnel PPP, incorpor- ate a traffic guarantee mechanism. Noting the above position, I have referred the Deputy’s question to the NRA for direct reply. Please advise my private office if you don’t receive a reply within 10 working days.

663. Deputy Dominic Hannigan asked the Minister for Transport, Tourism and Sport the discussions he has had with the toll operators to seek to reduce the level of payments to the State; and if he will make a statement on the matter. [34831/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The statutory power to levy tolls on national roads, to make toll bye-laws and to enter into toll agreements with private investors in respect of national roads is vested in the National Roads Authority (NRA) under

791 Questions— 15 November 2011. Written Answers

[Deputy Leo Varadkar.] Part V of the Roads Act 1993 (as amended by the Planning and Development Act 2000 and the Roads Act 2007). The contracts for the privately-operated toll schemes are commercial agreements between the NRA and the Public Private Partnership (PPP) concessionaires concerned.

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